Chapter 3.60
PROCEDURES FOR CONDUCTING ELECTIONS
Sections:
3.60.010 Polls—Opening and closing.
3.60.050 Ballots—Marking, validity—Removal prohibited.
3.60.080 Spoiled and unused ballots.
3.60.100 Majority decision of election board.
3.60.110 Prohibited practices.
3.60.010 Polls—Opening and closing.
A. On the day of any election, the election board member shall report to the polling place one-half hour prior to the time set for opening of the polls. The hour shall be determined by the standard time or daylight savings time that is applicable to the polling place.
B. During the hours that the polls are open, the chairperson of the election board may rotate times at which election judges, board members and clerks may be relieved for breaks or meals, provided however that at all times at least two judges from the election board shall be present at the polling place.
C. At the time set for opening of the polls, the election judge shall announce that the polls are open. Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed.
D. Fifteen minutes before, and at the time of closing the polls, the election board shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at fifteen minutes before closing time shall not in any way invalidate the election or extend the time for closing the polls. After closing, no person will be allowed to enter the polling place for the purpose of voting; however, every qualified voter present and in line at the time prescribed for closing the polls, may vote.
E. In exceptional or unusual circumstances, the election board may, at its discretion, hold the polls open past the eight p.m. closing time. (Ord. 86-9 § 1, 1986.)
3.60.020 Voting procedure.
A. The election judges shall keep a register in which each voter, before receiving his/her ballot, shall sign his/her name and give both residence and mailing addresses. A record shall be kept in the registration book and space provided of the names of the persons who offered to vote but who actually do not vote and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he shall immediately question the voter according to the procedures outlined in Section 3.60.030. If a voter’s polling place is in question, a voter shall be allowed to vote and any election official shall consider the ballot a questioned ballot.
B. When the voter is deemed qualified to vote, the election judge shall give him/her an official ballot.
C. Each voter shall retire alone to a booth or private area to mark his/her ballot. If a voter has a language barrier, is blind or otherwise physically unable to mark his/her ballot alone, he may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately after marking the ballot, the voter shall return it to the election judge, having concealed the manner in which it is marked. The election official shall remove the numbered tab or tabs and deposit the ballot in the ballot box.
D. If a voter improperly marks or otherwise damages the ballot, he shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election official shall destroy the damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. (Ord. 86-9 § 1, 1986.)
3.60.030 Questioned ballots.
A. If a voter’s qualifications are in question, a member of the election board shall affirmatively advise the voter that he may cast a questioned ballot after complying with subsection C of this section.
B. Every election official and election judge shall question and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote in the election. All questions regarding a person’s qualifications to vote shall be made in writing, setting out the reason that the person has been questioned.
C. The questioned person before voting shall subscribe to an oath or affirmation on a form provided by the election official attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified and has not voted at the same election. If the question is to residence in the precinct or voting area, the person shall also state the place from which that person came immediately before living in the precinct where offering to vote, and the length of time of residence in the former place. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath or affirmation, the person shall not vote.
D. A voter who casts a questioned ballot shall vote his/her ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small blank envelope and put the small blank envelope into the larger envelope on which the statement he/she previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, and delivered to the clerk. The election canvassing committee shall review and judge the applicability of questioned ballots during the canvass of returns. (Ord. 86-9 § 1, 1986.)
3.60.040 Voter assistance.
A qualified voter who cannot read, mark the ballot, or sign his name may request an election judge, a person, or not more than two persons of his choice, to assist him. If the election judge is requested, he shall assist the voter. If any other person is requested, the person shall state upon oath before the election judge he will not divulge the vote cast by the person whom he assists. (Ord. 86-9 § 1, 1986.)
3.60.050 Ballots—Marking, validity—Removal prohibited.
A. The ballots shall be counted by the vote tabulation system.
B. At no time during the tallying of votes may anyone but the election officials handle the ballots. The ballots shall not be marked in any way by anyone during the tallying.
C. The following rules apply to hand-counted ballots:
1. A voter may mark a ballot only by the use of cross marks, “X” marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are substantially inside the oval opposite the name of the candidate or proposition the voter desires to designate.
2. A failure to properly mark a ballot as to one or more candidates or propositions does not itself invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the 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, votes for that office will not be counted.
5. Write-in votes are not invalidated by writing in the name of the candidate whose name is printed on the ballot.
6. In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided, and, in addition, mark the oval opposite the candidate’s name.
7. Affixing stickers on a ballot in an election to vote for a write-in candidate is prohibited.
8. Write-in votes shall only be tabulated by person if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. No votes for a write-in candidate may be counted unless that candidate has filed a letter of intent with the city clerk in accordance with Section 3.60.055, Write-in candidates.
D. No voter may leave the polling place with the official ballot that he/she received to mark. (Ord. 98-15 § 1 (part), 1998; Ord. 12-17 § 3, 2012.)
3.60.055 Write-in candidates.
A. Votes for a write-in candidate for elective municipal office (city council and school board) will not be counted unless the candidate has filed a letter of intent. The letter of intent shall be executed under oath before and on a form provided by the city clerk. The letter of intent shall state in substance:
1. The full name of the candidate;
2. The full residence and mailing addresses of the candidate;
3. A contact phone number;
4. The office and seat to which the candidate seeks election;
5. The name of the candidate as the candidate wishes it to be written in on the ballot by the voter;
6. The date of the election at which the candidate seeks election;
7. A certification by the candidate that the candidate:
a. Is a qualified voter;
b. Is a resident of the city;
c. Qualifies, or shall qualify as of the date of election, for the office to which the candidate seeks election;
d. Shall serve if elected; and
e. Has not filed for more than one seat within the same office as noted in Section 3.40.015;
8. A certification by the candidate that the information in the letter of intent is true and accurate;
9. The date and signature of the candidate seeking office.
B. A letter of intent under subsection A of this section must be filed with the city clerk not earlier than the first business day following the last day of the filing period for declarations of candidacy for the election under Section 3.40.020, and not later than one p.m. on the day before the election. (Ord. 12-17 § 4, 2012.)
3.60.060 Ballots—Counting.
A. Immediately after the polls close and the last vote has been cast, the election judges will lock the Accu-Vote system and run the election report. The questioned ballot envelopes will be kept separated and given to the city clerk.
B. The printing of the election report will be public. The opening of the ballot box will be accomplished in full view of any person present. The public may not be excluded from the area in which the ballots are located. However, the chairman of the election board shall not permit anyone present to interfere in any way or to distract appointed officials from their duties, and no one other than appointed election officials may handle the ballots.
C. When hand counting ballots, the election board shall count the ballots allowed and in a manner that allows watchers to see the ballots when read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for safe keeping may have a marked device in hand or remove a ballot from the immediate vicinity of the polls. (Ord. 98-15 § 1 (part), 1998.)
3.60.070 Defective ballots.
If a voter marks more names than there are persons to be elected to any office, or if for any reason it is impossible to determine from his/her ballot any voter’s choice for any office to be filed, the ballot shall not be counted as to that office or issue. A failure to properly mark a ballot as to one or more candidates or issues shall not invalidate the entire ballot. No ballot shall be rejected if the election board can determine from an inspection of the ballot the person for whom the voter intended to vote and the office intended to be designated by the voter. Entire ballots and portions of ballots not counted shall be marked “Defective” on the back thereof. An explanation of the defect shall be written on the back of the ballot and signed by the chairman. All such ballots shall be enclosed in an envelope marked on the outside with a description of its contents and returned to the city clerk. (Ord. 86-9 § 1, 1986.)
3.60.080 Spoiled and unused ballots.
The numbers of all ballots spoiled or not issued shall be recorded and then all such ballots shall be disposed of as instructed by the clerk before the ballot box is opened. (Ord. 86-9 § 1, 1986.)
3.60.090 Tally of votes.
A. The clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast so as to assure accuracy and to expedite the process. As soon as all the votes are read and counted, a tally certificate shall be drawn upon each of the tally sheets or attached thereto stating the number of votes each person has received, and designating the office for which he received the votes. A certificate shall be signed by the election board members.
B. If the results of the above tally certificate of number of votes received shows two or more candidates tied and having the highest number of votes for the same office for which there is to be elected only one candidate, the election board shall immediately proceed with the recount of the votes for that office. The recount tally shall be prepared and certified as provided for the first count.
C. The certificate of returns and tally certificates with the registration list, oaths of judges and oaths of voters and other papers, shall be sealed in an envelope by the judges and endorsed “election returns” and shall be delivered to the city clerk.
D. After completion of the certificate of returns, the count of ballots shall be sealed in an envelope provided by the clerk and shall be delivered to the clerk to be preserved, unopened, for one year, unless the city council or the court orders a recount. (Ord. 86-9 § 1, 1986.)
3.60.100 Majority decision of election board.
The decision of the majority of judges determines the action that the election board shall take regarding any question which arises during the course of the election. (Ord. 86-9 § 1, 1986.)
3.60.110 Prohibited practices.
A. During the hours that the polls are open, no judge or clerk may discuss any political party, candidate or issue while on duty. During the hours the polls are open, no person who is in the polling place or within two hundred feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. The election judges shall post warning notices at the required distance in the form and manner prescribed by the city clerk.
B. The provisions of AS 15.56 are adopted and those acts made unlawful in that chapter are hereby made unlawful acts within the scope of this chapter. The listing of prohibited practices elsewhere in this chapter shall be deemed supplementary to the state law and the actions hereafter made unlawful even though not specifically mentioned in state law. (Ord. 86-9 § 1, 1986.)