Chapter 2.34 ELECTIONS

All provisions of the United States Constitution, the Alaska Constitution, and any laws enacted pursuant to these constitutions that affect borough elections are hereby incorporated in this chapter as if fully set forth herein. (Ord. 2015-05 §4 (part), 2015).

2.34.020 Severability.

If any provision of this chapter or its application as to any person or circumstance is held invalid, the remainder of the chapter or its application to any other persons or circumstances shall not be affected. (Ord. 2015-05 §4 (part), 2015).

2.34.030 Administration of elections.

A. It is the borough assembly’s intent that this chapter shall prescribe the general rules for conducting borough elections.

B. The borough clerk, or the borough clerk’s designee, in accordance with the provisions of this chapter, shall perform such duties as are necessary to administer all borough elections. The clerk’s election duties shall include, among other duties, determining whether candidates for municipal office are qualified, and obtaining from the state a list of registered voters residing in the borough. The clerk may also publish notices urging voter registration and may cooperate with the state in encouraging borough residents to register to vote. (Ord. 2015-05 §4 (part), 2015).

2.34.035 Propositions and questions.

Any ordinance that places a proposition or question before the borough’s qualified voters must be adopted by the borough assembly no later than fifty days before a regular election, and no later than sixty days before a special election. (Ord. 2015-05 §4 (part), 2015).

2.34.040 Time of elections.

A. A general election shall be held on the first Tuesday of October. All elected officials of the borough shall be elected at the general election in such years as their respective terms of office expire.

B. The borough assembly, by resolution, may order that a special election be held.

C. The provisions of AS 29.26.170 shall apply for initiative elections, and the provisions of AS 29.26.180 shall apply for all referendum elections. (Ord. 2015-05 §4 (part), 2015).

2.34.050 Notice of election.

A. The borough clerk shall give at least thirty days’ notice of each general election, and twenty days’ notice of each special election, by posting a notice of election in three places within the borough. If there exist voting precincts in two or more places in the borough, a notice of election shall be posted in each voting precinct. The clerk shall give all other notice to the public as may be required by resolution of the borough assembly.

B. Notices for general or special elections must contain:

1. The date of the election;

2. The offices to be filled and/or the propositions to be voted upon;

3. The times at which the polling places will open and close;

4. The location of polling places within the borough;

5. The boundary description of the voting precinct;

6. Whether the election is general or special;

7. Instructions for absentee, early, and special representative voting;

8. Information regarding voter qualification and registration; and

9. Notice to those qualified voters who require assistance in casting their vote due to the need for language interpretation services that they must contact the borough clerk at least twenty-four hours in advance of the time at which they shall cast their ballot.

C. Before any general obligation bond issue election, the clerk shall publish notice of the total existing bond indebtedness for three consecutive weeks in at least three places within the borough. The first notice shall be published at least twenty days before the date of election. Such notice shall include:

1. The current total general obligation bonded indebtedness, including authorized but unsold bonds of the borough;

2. The cost of the debt service on the current indebtedness; and

3. The total assessed valuation of property within the borough. (Ord. 2015-05 §4 (part), 2015).

2.34.060 Election expenses.

A. The borough shall pay all necessary election expenses, including those of securing places for polls and providing ballot boxes, ballots, voting booths, screens, national and state flags, and all such other supplies as are necessary to properly administer the elections in accordance with this chapter.

B. The expenses associated with conducting a recount shall be paid by the candidate or voters that have contested an election, and each voter that has requested the recount shall be individually liable for the total amount of such expenses. However, if the results of the election are changed by the recount, the borough shall be responsible for all such expenses.

C. The borough shall compensate each election board member and canvass board member for the time spent conducting their election duties in an amount not less than that provided to similar election officials for state elections. (Ord. 2015-05 §4 (part), 2015).

2.34.070 Election supplies and equipment.

A. The borough clerk shall furnish to the election board of each precinct a precinct register and sufficient materials to conduct that precinct’s election, including any materials required by this chapter.

B. The borough clerk shall prepare instructions that explain to voters how to obtain ballots, how to mark ballots, and how to obtain replacement ballots if a ballot has been destroyed or become spoiled. The borough clerk shall cause these instructions to be displayed at each polling place within the borough during the hours in which election polls are open.

C. The borough clerk shall provide booths at each polling place with supplies sufficient to enable each voter to mark the voter’s ballot without observation.

D. Ballot boxes shall be placed outside voting booths in plain view of election officials, voters, and other persons at the polling place. (Ord. 2015-05 §4 (part), 2015).

2.34.080 Preservation of election ballots and election materials.

A. The borough clerk shall preserve all official ballots for not less than thirty days from the date upon which the election is certified, or in the case that an election is contested, thirty days from the date upon which the election contest has been finally resolved.

B. The borough shall preserve all other election materials according to its records retention schedule.

C. Official ballots and other election materials may be destroyed after the time prescribed by the borough’s records retention schedule has passed, unless an application for a recount has been filed, but has not been completed, or unless their destruction has been otherwise stayed by an order of the court. (Ord. 2015-05 §4 (part), 2015).

2.34.090 Voter qualification.

A. Any person may vote in general or special borough elections who:

1. Is qualified to vote in state elections;

2. Has been a resident of the borough and the precinct in which the person seeks to vote for at least thirty days immediately preceding the election;

3. Is registered to vote in state elections; and

4. Is not otherwise disqualified under Article V of the State Constitution.

B. If a voter’s polling place is in question, the voter shall be permitted to vote, and election officials shall consider the voter’s ballot as a questioned ballot. (Ord. 2015-05 §4 (part), 2015).

2.34.100 Determining residence of voter.

For the purpose of determining a voter’s residence, the following rules shall apply:

A. The residence of a person is that place in which habitation is fixed and to which, whenever the person is absent, the person has the intention of returning. If a person resides in one place but does business in another, the former is the person’s place of residence. For the purposes of this chapter, a person may only have one residence.

B. A person does not gain or lose residence solely by reason of the person’s presence while employed in the service of the United States or of this state, or while a student of an institution of learning, while residing in a public institution at the public’s expense, while confined in a public prison, or while residing upon an Indian reservation or military base.

C. No member of the armed forces of the United States, the member’s spouse, or the member’s dependent is a resident of this state solely by reason of being stationed in the state.

D. A person does not lose residency if that person temporarily travels to another country, state or place in this state, and has the intent to remain a resident and to return.

E. A person does not gain residency in a place to which the person travels without the present intent to establish a permanent domicile.

F. A person loses residence in the borough if the person votes in the election of another borough or state, either in person or by absentee ballot, and will not be eligible to vote in the borough’s municipal elections until again qualifying under AS 15.05.010 and this chapter.

G. The term of residence is computed by including the day on which the person’s residence commences and by excluding the day of the election.

H. The address of a voter as it appears on his official state voter registration card is presumptive evidence of the person’s voting residence. If the person has changed his voting residence, this presumption is negated only by the voter executing an affidavit on a form prepared by the director setting out his new voting residence. (Ord. 2015-05 §4 (part), 2015).

2.34.110 Candidate qualifications.

A. No person shall hold any elected borough office, or be deemed eligible for any elected office, unless the person is a qualified voter of the borough.

B. Candidates for the office of borough mayor, or member of the borough assembly, must have been a resident of the borough for at least one year prior to the filing of the candidate’s nominating petition.

C. No person may serve simultaneously as mayor and as a member of the assembly, as mayor and as a member of the school board, or as a member of the assembly and as a member of the school board.

D. No elected official of the borough may hold any other compensated borough office or borough employment, or elected position in the state of Alaska or federal government, while in office. (Ord. 2015-05 §4 (part), 2015).

2.34.120 Establishing candidacy.

A. A person who wishes to become a candidate for an elected office shall complete and file a nominating petition. The nominating petition shall be completed under oath before the borough clerk, upon the form provided by the borough clerk for this purpose. The nominating petition shall state definitively:

1. The full name of the candidate and the manner in which the candidate wishes his or her name to appear on the election ballot;

2. The full residence address of the candidate;

3. The full mailing address of the candidate;

4. The office for which the candidate has declared candidacy;

5. That the candidate is a qualified voter and resident of the borough; and

6. That the candidate agrees to serve if elected.

B. All nominating petitions submitted pursuant to this section shall also include the printed name, address and signature of at least ten of the borough’s qualified voters.

C. The borough clerk shall publish a notice of offices to be filled for each general election, and the procedure for filing a nominating petition, at least ninety days before the election. Such notices shall be posted in at least three places within the borough.

D. The borough clerk shall maintain a record of the name and address of each person who has filed a nominating petition, as well as the date and the time that it was filed.

E. Candidates shall submit nominating petitions to the borough clerk between eight a.m. on August 1st to four-thirty p.m. on August 15th. Should August 15th fall upon a Saturday or a Sunday, candidates shall have until four-thirty p.m. on the first Monday following August 15th to file their nominating petition.

F. The borough clerk shall notify each candidate within four days whether his or her nominating petition has been accepted or has been rejected. If a nominating petition has been rejected, the borough clerk shall return it to the candidate with a statement certifying the reasons that the nominating petition is deficient.

G. A candidate may withdraw his nominating petition at any time before the expiration of the filing period by submitting a written notice of withdrawal with the borough clerk. After the close of the filing period, no nominating petition may be withdrawn.

H. Persons filing for elective office as a write-in candidate shall file a declaration of candidacy under this section. Write-in candidates may only file such declaration of candidacy after the official filing period has closed and not later than five calendar days before the election. (Ord. 2015-05 §4 (part), 2015).

2.34.130 Candidates exempt from state campaign disclosures.

Candidates for borough offices are exempted from the provisions of AS 15.13 et seq. with respect to candidate campaign disclosure requirements. (Ord. 2015-05 §4 (part), 2015).

2.34.140 Correction, amendment and withdrawal of nominating petitions.

A. Any candidate may correct or amend the candidate’s nominating petition at any time during the period for filing nominating petitions by submitting appropriate written notice to the borough clerk. However, no nominating petition may be corrected or amended after the close of the filing period.

B. If a candidate who has already submitted a nominating petition wishes to declare candidacy for an elected office other than that noted in the nomination petition, the candidate must file a new nominating petition that complies with the requirements of this chapter. (Ord. 2015-05 §4 (part), 2015).

2.34.150 Majority elections.

The candidate(s), proposition(s) or question(s) receiving the majority of votes in an election shall be declared the winner. (Ord. 2015-05 §4 (part), 2015).

2.34.160 Election officials.

A. Before each borough election, the assembly shall appoint three judges for each precinct within the borough to constitute the precinct’s election board. The assembly shall designate one judge in each precinct to act as chairman, and that person shall be responsible for the election within that precinct.

B. The borough clerk may appoint up to three additional election clerks at any polling place when necessary to facilitate the orderly conduct of the election or to relieve the judges or clerks of undue hardship.

C. The borough clerk will choose an election judge from each polling place to appear before the borough clerk and take the following oath: "I do solemnly swear that I will honestly and faithfully perform the duties of election. All of this I will perform to the best of my ability, so help me God." The election official shall administer the same oath to all other election judges and clerks at his or her polling place.

D. If an appointed judge or clerk fails to appear and subscribe to the oath on election day, becomes unable to work during the time of the election or canvass, or consumes alcoholic beverages or other intoxicants during the course of their duties on election day, the election board members that are present shall elect, by a majority voice vote, another qualified voter as a replacement.

E. Each election judge or clerk shall be a qualified voter of the borough. (Ord. 2015-05 §4 (part), 2015).

2.34.170 Precincts and polling places.

The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all borough elections. The borough clerk shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. (Ord. 2015-05 §4 (part), 2015).

2.34.180 Ballots--Printing, inspection, and distribution.

A. In all borough elections, the borough clerk shall be responsible for the printing of ballots.

B. Ballots shall be delivered to the polling places in a separate sealed package. The number of ballots that are enclosed shall be marked clearly on the outside of the package. A signed receipt shall be taken for the election board member to whom the package is delivered.

C. The borough clerk shall maintain the following records:

1. The number of ballots delivered to the various polling places; and

2. The name of the persons to whom the ballots were delivered.

D. When the ballots are returned, the borough clerk shall record the following:

1. The number of ballots returned; and

2. The condition of the ballots. (Ord. 2015-05 §4 (part), 2015).

2.34.190 Ballots--Form.

The borough clerk shall prepare all official ballots so as to promote fairness, simplicity, and clarity in the voting process, to best permit the borough to understand the intent of the voter, and to facilitate and expedite the administration of borough elections. Whenever applicable, election ballots shall comply with the following requirements:

A. The borough clerk shall determine the size of the ballot, the size and font of all printed information included on the ballot, additional instructions to voters, and any other similar matters relating to the ballot’s form that are not prescribed by law.

B. Ballots shall contain a list of all candidates and issues to be decided at the election.

C. Before the list of candidates for each office there will be placed the words "vote for not more than three," or "vote for not more than one," or such other numbers as are to be elected.

D. The following items will be printed on the ballot, so as to be clearly visible:

1. The words "Official Ballot"; and

2. The date of the election.

E. The ballots shall be numbered in consecutive order. The names of the candidates will be printed in capital letters of the same size. On each line on which the name of a candidate is printed and on the line of each blank provided for write-in candidates, a square not less than one-quarter inch on each side will be printed.

F. The names of candidates shall be printed as they appear upon the petitions filed with the borough clerk, except that any honorary or assumed title of prefix shall be omitted.

G. Following the names of the offices and candidates, there shall be placed on the ballot all propositions and questions to be voted upon. The words "Yes" and "No" shall be placed below the statement of each proposition and question. (Ord. 2015-05 §4 (part), 2015).

2.34.200 Sample ballots.

The borough clerk will have a number of sample ballots printed, and clearly labeled as such. Sample ballots shall be delivered to the election board in each polling place, and shall be available in the borough clerk’s office for inspection at least fifteen days prior to the election. (Ord. 2015-05 §4 (part), 2015).

2.34.210 Time for opening and closing election polls.

A. On the day of any election, each election board shall open the polls for voting at eight in the morning, shall close the polls at eight in the evening, and shall keep the polls open during the time between these hours. The election board members for the polling place shall report to it at seven-thirty in the morning of an election day.

B. Fifteen minutes before the closing of the polls, an election judge or clerk shall announce to all persons present the time remaining before the polls close. When the polls have closed, no ballots will be given out except to qualified voters of the borough who are present at the polls and waiting to vote when the polls have been declared closed. (Ord. 2015-05 §4 (part), 2015).

2.34.220 Voting procedures at polling places.

A. Before receiving any ballots the election board must, in the presence of all persons at the polling place, open and exhibit the ballot box to be used at the polling place as empty. After exhibiting the ballot box, it shall be sealed and not opened again until the polls have been declared closed. At the close of the polls and after the deposit of all ballots properly voted upon into the ballot box, it shall be opened by the election judges.

B. Prior to the opening of the polls, the borough clerk shall deliver a registration list, and an original register, to the election officials in every voting place. The original register will provide enough space to allow voters to sign their names and enter their address. A record shall be kept in the original register of the names of persons who request a ballot but are refused, and a brief statement of the basis for refusing the right to vote. The signing of the register is a declaration by the voter that he or she is qualified to vote.

C. Each voter shall give the election judges and clerks the voter’s name, and shall write his or her name in the registration book. If any judge or clerk present believes the voter is not identifiable as a qualified voter of the borough, the judge or clerk shall immediately challenge the voter.

D. If a voter is not challenged, the voter shall retire to a booth or private place to prepare the election ballot by marking the boxes opposite the name of candidates of his choice, whether printed on the ballot or written in by the voter on the blank lines provided for that purpose, and marking the boxes for questions and propositions. Before leaving the voting booth or private place, the voter shall fold his ballot in a manner displaying the number on the ballot and deliver it to one of the judges or clerks, who shall tear the number off and deposit the ballot in the ballot box if the ballot bears the same number as the ballot given to the voter by the judges and clerks.

E. Voters shall mark ballots according to the following requirements:

1. A voter may mark his ballot only by use of crossmarks, "X" marks, checks, and plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate, or by filling in the square completely.

2. A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

3. If a voter marks fewer names than there are persons to be elected to office, a vote shall be counted for each candidate properly marked.

4. If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted.

5. A mark shall be counted only if it is mostly inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square to be designated.

6. Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates that were made properly.

7. An erasure or correction invalidates only that section of the ballot in which it appears.

8. Write-in votes are not invalidated by writing in the name of the candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was marked for the purpose of identifying the ballot.

9. Write-in votes are not invalidated if the voter fails to mark the square provided if in the opinion of the election judges the voter intended to vote for the person whose name was written in as a write-in vote.

F. A qualified voter who cannot read and mark the ballot, or sign the register, may request an election official, a person, or not more than two persons, chosen by the voter, to provide assistance. Upon the voter’s request, the election official shall provide the assistance. If any other person is requested, that person shall state upon oath before the election official that the person shall not divulge the vote cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall receive assistance in marking that voter’s ballot. (Ord. 2015-05 §4 (part), 2015).

2.34.230 Challenging voters.

A. The election judges and clerks shall challenge a person attempting to vote if the challenger has good reason to believe that the challenged person is not qualified to vote.

B. All challenges shall be made in writing, and shall explain the reason for the challenge. Before voting, a challenged person shall take an oath and sign an affidavit provided by the borough clerk attesting to the fact that he or she meets all the qualifications of a voter, is not disqualified, and has not already voted in the same election. The challenged person’s affidavit shall also state the place from which the voter came immediately before living in the borough, and the length of time of the voter’s residence in the former place.

C. The challenged person may only vote after he or she has taken the oath and signed the affidavit. (Ord. 2015-05 §4 (part), 2015).

2.34.240 Questioned ballot procedures.

A. If a voter who has been challenged, and has been permitted to vote after taking the oath and signing the affidavit prescribed by Section 2.34.230 of this chapter, the voter’s ballot shall be considered a questioned ballot.

B. After a challenged voter has cast his or her ballot, the challenged voter shall insert the questioned ballot into the envelope provided by an election judge and seal it. The envelope shall be placed in the envelope containing the challenged voter’s signed oath and affidavit. The oath and affidavit envelope shall be sealed and inserted into a larger envelope. That envelope shall be delivered to the borough clerk. The borough clerk shall present these materials to the canvass committee and assist the canvass committee in determining the validity of the challenge. (Ord. 2015-05 §4 (part), 2015).

2.34.250 Prohibitions near election polls.

A. During the hours that the polls are open, no election official may discuss any political party, candidate, or issue while on duty.

B. During the hours that the polls are open, no person who is in the polling place or within two hundred feet of any entrance of the polling place may attempt to persuade a person to vote for or against a candidate, proposition, or question, nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. For the purposes of this section, the entrance to a polling place is any entrance to the building. The election board shall post warning notices in the form and manner prescribed by the borough clerk.

C. Any literature that a candidate, group, or person intends to distribute at a polling place or within two hundred feet of any entrance of a polling place shall be submitted for review and approval for distribution by the borough clerk not less than thirty days prior to a general or special election. (Ord. 2015-05 §4 (part), 2015).

2.34.260 Defective and unused ballots.

A. If a voter improperly marks, spoils, or otherwise seriously damages the voter’s ballot, the voter may return the defective ballot to an election official, and shall be given another ballot; however, voters shall only be entitled to a total of three ballots of each type.

B. Whenever a voter requests a replacement ballot, the election official shall not examine the spoiled ballot, but shall instead instruct the voter to destroy it in the election official’s presence. The election official shall then issue a new ballot to the voter, and shall make a record that a ballot has been destroyed. Such record shall be delivered to the borough clerk.

C. The serial numbers and total number of all ballots not voted shall be returned to the borough clerk. (Ord. 2015-05 §4 (part), 2015).

2.34.270 Counting ballots.

A. At no time prior to certification may any person other than the election officials handle completed ballots.

B. Completed ballots shall not be marked upon, or in any other way altered, by any person.

C. Opening of the Ballot Boxes.

1. Immediately after the closing of the polls, the elections officials in each precinct shall, in the full view of all persons who have assembled at the polling place, open the ballot boxes and separate the questioned and personal representative ballots from the regular ballots. Each class of ballots shall be counted, and that number shall be compared with the precinct register to ensure that all ballots are accounted for.

2. If the number of ballots drawn from the ballot box does not match the number of ballots indicated by the precinct register, the election officials shall recount the ballots until the election board finds that there is an unexplained error, or that the number of ballots cast matches the number of ballots reflected in the precinct register.

3. If a discrepancy is determined to exist between the number of ballots cast and that reflected in the precinct register, such fact shall be explained in detail in the tally forms, and the explanation shall be signed by the election judges.

D. The counting of ballots shall be public; however, the chairman of the election board shall not permit anyone present to interfere with or in any way distract election officials from their duties.

E. Ballots may not be counted before eight p.m. Alaska time on the date of the election.

F. The election judges shall remove the ballots one by one from the ballot box, and tally the number of votes for each candidate and for or against each issue. The ballots shall be inspected for disqualifying marks or defects, and the tally shall continue without adjournment until complete.

G. Ballots may not be counted unless marked consistent with the requirements of Section 2.34.220(E)(1) of this chapter.

H. No votes for a write-in candidate shall be counted unless that candidate has filed a declaration of candidacy with the borough clerk in accordance with Section 2.34.120(H) of this chapter. (Ord. 2015-05 §4 (part), 2015).

2.34.280 Election board--Majority decision.

The decision of the majority of members of the election board shall determine the action that it shall take with respect to any question arising during the course of an election. (Ord. 2015-05 §4 (part), 2015).

2.34.290 Election certificate.

After all votes have been announced and counted, the election officials shall prepare a certificate stating the number of votes each person has received, as well as the office for which the person is a candidate. The certificate shall also state the number of "yes" and "no" votes received as to all ballot questions. The certificate will be signed by the election officials. The precinct register, registration index, tally sheets, oaths of election officials and voters, other papers, and the election certificate shall be placed in the envelope provided by the borough clerk for this purpose. The envelope shall be marked "election returns" and delivered to the borough clerk. (Ord. 2015-05 §4 (part), 2015).

2.34.300 Canvass committee.

A. The borough assembly shall constitute the canvass committee for all borough elections.

B. The canvass committee shall meet on the first Monday after the election and canvass all absentee and challenged ballots executed in the election.

C. The canvass of absentee and challenged ballots may be postponed from day to day for cause, but may in no case be postponed for longer than three days. (Ord. 2015-05 §4 (part), 2015).

2.34.310 Canvass to be made public.

A. The canvass of all absentee and questioned ballots shall be public, and shall include the opening of the precinct returns and announcing the results thereof in front of all those present.

B. Absentee ballots shall be counted by the borough clerk, with the assistance of two or more persons, in the following manner: All ballot envelopes shall be removed from the precinct return envelopes, and placed in a ballot box. The return envelopes shall be delivered to the borough clerk. All absentee ballot envelopes shall be removed from the ballot box one by one, the ballots contained therein removed from the envelopes and counted, in the same manner in which ballots cast at polling places are counted.

C. The canvass shall include a review and comparison of the tallies, or individual paper ballots, with the precinct election certificates to correct any mathematical error in the count of paper ballots.

D. If the borough clerk determines that there is an unexplained error in the tally of paper ballots, the clerk may count the number of ballots contained in the ballot box. (Ord. 2015-05 §4 (part), 2015).

2.34.320 Investigation of questioned ballots and irregularities.

A. The borough assembly, sitting within its capacity as the canvass committee, may request that the borough clerk or the mayor assist it with the investigation of any voter challenges. The canvass committee may accept or reject a challenge.

B. Any qualified borough voter who cast a ballot in the election may appear to give testimony concerning the questioned ballots. The borough assembly may order such testimony and issue subpoenas while conducting its investigation of questioned ballots. Such subpoenas may be enforced by a court of competent jurisdiction upon certification, as provided by the Alaska Rules of Civil Procedure concerning the enforcement of administrative and state agency subpoenas.

C. If the borough assembly upholds a challenge, the questioned ballot will not be opened and counted, and will be preserved by the borough clerk in the manner of all other ballots cast in the election. The borough clerk shall notify the challenged voter, in writing, of the reason the ballot was not counted.

D. If a challenge is rejected, the questioned ballot will be counted with the absentee ballots.

E. If the borough assembly, sitting within its capacity as the canvass committee, finds that there exist irregularities in the election, it shall determine whether the irregularities are so serious as to deny a meaningful vote of the citizens of the borough.

F. The borough assembly shall have the authority to order an investigation of any irregularities, to subpoena witnesses, and to exclude votes cast or to declare the entire election invalid if necessary to ensure a fair election.

G. If the borough assembly concludes that an election is not valid, it shall order another election. The election shall be conducted promptly as a special election and according to procedures established by the assembly. (Ord. 2015-05 §4 (part), 2015).

2.34.330 Election certification.

A. Unless the borough assembly orders an investigation, or unless a contest has not been previously initiated pursuant to the provisions of Section 2.34.360 of this chapter, the assembly shall declare the election valid and certify the election results. The assembly shall immediately certify any results not in question, and shall complete any investigation or contest proceedings as soon as possible to ensure prompt certification.

B. If a contest is declared and resolved, the borough assembly shall within a week of such resolution publicly declare and certify the results that were the subject of that contest during a special meeting.

C. The borough assembly shall certify election results through public declaration, and entry of its determination into the minutes of the special meeting of the assembly, along with the following information:

1. The total number of poll, absentee, early, questioned, and personal representative ballots cast in the election;

2. The offices, names, and number of votes counted for each candidate of the election; and

3. The propositions voted upon at the election and the number of votes counted for each proposition voted upon.

D. The borough assembly shall authorize the borough clerk to make and deliver a certificate of election to every person elected. The certificate of election will be signed by the mayor and the clerk. (Ord. 2015-05 §4 (part), 2015).

2.34.340 Election recounts.

A. If the borough assembly finds that there exists a discrepancy as to the count of the ballots, or determines that the interests of justice require, it shall have the authority to order a recount of the votes in the affected precincts.

B. If an aggrieved candidate or elector initiates an election contest and demands a recount, the contestant shall pay all costs and expenses incurred in completing such recount if it fails to reverse any result of the election.

C. If a recount demanded by an aggrieved candidate or elector concerns only the recounting of ballots, the election board for the precinct where the error allegedly occurred shall recount the ballots. (Ord. 2015-05 §4 (part), 2015).

2.34.350 Determination of tie votes.

If two or more candidates tie in having the highest number of votes for the same office, the clerk shall notify the candidates who are tied. The clerk shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by coin toss if two are tied, or by lot if more than two are tied. After the determination has been made by coin toss or lot, the clerk shall certify the election winner. (Ord. 2015-05 §4 (part), 2015).

2.34.360 Election contests.

A. Any candidate, or any ten qualified voters, may contest the election of any person, and the approval or rejection of any question or proposition, upon one or more of the following grounds:

1. Fraud, corruption, or other malconduct by an election official sufficient to change the result of the election;

2. A person is not qualified to hold the office to which the person has been elected, pursuant to law or borough ordinance; or

3. The existence of a corrupt election practice, as defined by the laws of the state of Alaska, sufficient to change the result of an election.

B. A candidate or elector seeking to contest an election on the grounds specified in this section shall appear before the assembly at the special meeting held on the first Monday following the election. The contesting party shall deliver a sworn written notice of contest, which must state with particularity the provisions of law believed to have been violated, and the specific acts believed to constitute fraud, corruption, or malconduct. Such notice shall read:

NOTICE OF ELECTION CONTEST

The undersigned person or persons contest the election held on the _____ day of _____________, _______.

The undersigned person or persons state that the following laws were violated:

The undersigned person or persons state that these provisions of law were violated in the following manner:

Signature of Person(s) Contesting

Date

SUBSCRIBED AND SWORN to before me, this _____ day of ____________, _______.

Notary Public in and for Alaska

My Commission Expires: ____________

(Notarization)

C. The borough assembly shall order an investigation to be made by the borough clerk if a notice of contest is received. Investigation proceedings, including all recounts, shall be public, and shall be conducted in accordance with the provisions of Sections 2.34.320 and 2.34.340 of this chapter. (Ord. 2015-05 §4 (part), 2015).

2.34.365 Appeal or judicial review.

Any person qualified to contest an election pursuant to Section 2.34.360 of this chapter may not appeal or otherwise seek judicial review of an election for any reason unless the person is qualified to vote in the borough, has exhausted all administrative remedies before the borough assembly, and has commenced an action in the superior court within ten calendar days of the date upon which the assembly has finally certified the election results. If an action has not been commenced within the required time period, the election and the election results shall be conclusive, final, and valid in all respects. (Ord. 2015-05 §4 (part), 2015).

2.34.370 Absentee and early voting--Eligibility.

A. Any registered voter may vote an absentee or early ballot for any election, subject to the requirements and procedures prescribed by this chapter.

B. The names and addresses of persons who have voted an absentee ballot in an election shall be made available for public inspection.

C. The provisions of this chapter relating to the constitutional guarantee to absentee voting shall be liberally construed. (Ord. 2015-05 §4 (part), 2015).

2.34.380 Absentee voting--By mail.

A. Any voter may apply to the borough clerk for an absentee ballot to be mailed to the voter if postmarked not more than thirty days, nor less than seven days, before an election. A request may be made by mail, telephone, facsimile or other electronic communication.

B. All applications for an absentee ballot by mail shall be made in writing, either on a form provided by the borough clerk, or in a letter which states the following information:

1. The name of the applicant;

2. The address of the applicant’s place of residence;

3. The address to which the applicant desires the absentee ballot to be mailed;

4. The applicant’s signature; and

5. The voter’s registration number, Social Security number, or date of birth.

C. Upon receipt of an application for an absentee ballot by mail, and after the ballots are in the clerk’s possession and ready for distribution, the borough clerk or other authorized election official shall mail an official ballot, along with other absentee voting materials, to the address indicated on the voter’s application.

D. At any time on or before the date of the election, any voter who has received an absentee ballot by mail may vote the ballot. The voted ballot shall then be placed inside the small blank envelope included among the absentee voting materials, which shall then be placed inside the large return envelope. The voter shall then sign the certification on the return envelope in the presence of one of the following attesting authorized officials:

1. An election judge; notary public; commissioned officer of the armed forces, including the National Guard; district court judge or magistrate; clerk of the court; United States Postmaster or authorized postal clerk; or any other person qualified to administer oaths; or

2. In the case that one of the previously mentioned authorized officials is not reasonably accessible, one witness who is at least eighteen years of age.

E. After the voter’s certification is witnessed, the voter shall mail or otherwise cause the absentee ballot to be delivered to the borough clerk. If mailed, the voted ballot must be postmarked by the date of the election, and must be received by the borough clerk no later than three calendar days following the election. Otherwise, the voted ballot must be returned to a precinct election official by no later than eight p.m. on election day. The clerk or designated election official shall stamp on the envelope containing the oath the date upon which the ballot is received.

F. Prior to the election, the borough clerk shall deliver a list to the election board of each precinct a list of voters from that precinct that have been issued absentee ballots. If a voter who has been issued an absentee ballot by mail arrives at the precinct on election day, the voter shall not be permitted to vote a regular ballot at the polling place unless the voter first surrenders to the election officials the absentee ballot, ballot envelope, and return envelope previously issued. If the voter fails to do so, the voter may vote a questioned ballot. All surrendered absentee ballots and other absentee materials shall be collected by the election officials and returned to the borough clerk. (Ord. 2015-05 §4 (part), 2015).

2.34.390 Absentee voting--In person.

A. A qualified voter may apply to vote absentee before an election official, including the borough clerk, not more than fifteen days prior to the date of a borough election.

B. The voter shall appear before the election official, or borough clerk, and provide his or her name, residence address, and voter registration number, Social Security number, or date of birth. If the official is satisfied that the applicant is a qualified voter and may vote absentee, the official shall issue a ballot to the voter.

C. The voter shall sign the certification on the ballot oath and affidavit envelope, which shall be witnessed by the election official. The voter will then receive an official ballot, shall mark the ballot in private, shall place the ballot in the provided small blank envelope, and shall then place the small envelope in the large oath and affidavit envelope, which shall be sealed. The voted ballot shall be delivered to the borough clerk, who shall deliver the voted absentee ballots to the canvass board for canvassing. The election official shall not accept a ballot that has been unlawfully exhibited by an absentee voter.

D. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide, another ballot, but shall not provide a voter with more than three ballots. The election official shall retain all damaged or improperly marked ballots, which shall be delivered to the borough clerk.

E. Prior to the election, the borough clerk shall deliver a list to the election board of each precinct a list of voters from that precinct that have been issued absentee ballots. If a voter who voted an absentee ballot in person appears at the voter’s precinct on election day, the voter may not vote a regular ballot, but may vote a questioned ballot. (Ord. 2015-05 §4 (part), 2015).

2.34.400 Absentee voting--By electronic transmission.

A. A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not more than thirty days nor less than seven days prior to the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven days prior to the election, the ballot will be mailed in the manner provided in Section 2.34.380 of this chapter for absentee ballots by mail. The borough clerk will provide reasonable conditions for electronically transmitting absentee ballots.

B. All applications for an absentee ballot under this section shall include the following information:

1. The name of the applicant;

2. The address of the applicant’s place of residence;

3. The destination to which the applicant desires the absentee ballot to be electronically transmitted;

4. The applicant’s signature; and

5. The voter’s registration number.

C. A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot to be used by persons voting in person at the polling places is acceptable.

D. An absentee ballot that is completed and returned by the voter by electronic transmission must:

1. Contain the following statement:

I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible.

followed by the voter’s signature and date of signature; and

2. Be accompanied by a statement executed under oath as to the voter’s identity; the statement under oath must be witnessed by a United States citizen who is eighteen years of age or older.

E. The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the borough clerk. The ballot may not be counted unless it is received by the beginning of the canvass board meeting.

F. A voter who returns the absentee ballot by electronic transmission must comply with the same deadlines as for voting in person on or before the closing hour of the polls.

G. When a completed absentee ballot is received by electronic transmission, the borough clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on election day, the time of receipt. The borough clerk will then:

1. Remove the ballot portion of the transmission from the portion that identifies the voter;

2. Place the ballot portion in a secrecy sleeve;

3. Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots;

4. Attach the voter identification portion to the outer envelope; and

5. Deliver the outer sealed envelope to the canvass board for review.

H. An electronically transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one or more election officials the manner in which a particular absentee voter cast his ballot. However, it shall be unlawful to display an electronically transmitted ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the borough clerk, a member of the borough clerk’s staff, an election official in the course of his or her duties, or an attorney advising the borough clerk on legal questions concerning the ballot.

I. Prior to the election, the borough clerk shall deliver a list to the election board of each precinct a list of voters from that precinct that have been issued absentee ballots. If a voter who voted an absentee ballot in person appears at the voter’s precinct on election day, the voter may not vote a regular ballot, but may vote a questioned ballot. (Ord. 2015-05 §4 (part), 2015).

2.34.410 Personal representative voting.

A. Any person with a disability who, because of that disability, is unable to go to a polling place to vote may request a personal representative ballot from the borough clerk or other election official not earlier than fifteen days before an election. Such requests may be made to the borough clerk up until the day prior to election day, and may be made to a precinct election official on election day.

B. If the request for a personal representative ballot is made through a representative, the representative shall sign a personal representatives register provided by an election official, and provide the following information:

1. The representative’s name;

2. The representative’s residence and mailing address;

3. The representative’s voting registration number, Social Security number, or date of birth;

4. The name of the voter on whose behalf the representative is requesting a ballot;

5. An oath that the representative:

a. Is receiving a ballot and voting materials on behalf of the voter;

b. Will not vote the ballot for the voter;

c. Will not coerce the voter;

d. Will not divulge the vote cast by the voter; and

e. Has been notified that unlawful interference with voting is punishable under AS 15.56.030 or 15.56.035.

C. The borough clerk or election official shall keep a record of the name and signature of each representative that has requested an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk or election official shall record the date and time the absentee ballot is provided and the time the ballot is returned.

D. The representative shall deliver the personal representatives ballot and other voting materials to the voter as soon as is practicable. The voter shall mark the ballot in secret, place the ballot in the small blank envelope, and place the small envelope in the personal representative envelope. The voter shall provide the information on the envelope that would be required for absentee voting if the voter had voted the ballot in person. The voter shall sign the voter’s certificate in the presence of the representative, and the representative shall sign as the attesting official and date the voter’s signature.

E. The representative shall deliver the voted ballot and election certificate to an election official no later than eight p.m. on election day.

F. If the voter’s disability is such that the voter may not perform any of the requirements of subsection D of this section, the representative may perform those requirements on the voter’s behalf, except for making voting decisions.

G. A candidate for office, the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may not act as a representative for the voter. (Ord. 2015-05 §4 (part), 2015).

2.34.420 Sale of liquor on election day prohibited.¹

In accordance with Section 10.08.010 of this code, liquor stores and bars shall not be permitted to remain open between the hours of eight a.m. and eight p.m. on election days. (Ord. 2015-05 §4 (part), 2015).

Code reviser’s note: Ord. 2015-05 laid this section out as 2.34.410. The section has been editorially renumbered to prevent duplication of numbering.