Chapter 4.01
GENERAL PROVISIONS1
Sections:
4.01.010 Incorporation of State and Federal law pertaining to municipal elections.
4.01.030 City Clerk to administer elections.
4.01.060 Precincts and polling places.
4.01.070 Election supplies and equipment.
4.01.080 Sale of alcoholic beverages permitted.
4.01.090 Certain election practices prohibited.
4.01.120 Destruction of election materials.
4.01.130 Use of mechanical or electronic voting equipment.
4.01.010 Incorporation of State and Federal law pertaining to municipal elections.
All provisions of the Constitution of the United States, the Constitution of the State of Alaska, and any laws enacted pursuant to the Constitution(s) affecting first class City elections are incorporated in this chapter as if fully set out herein. The provisions of the Alaska Statutes relating to conduct of municipal elections are incorporated into this chapter as if fully set out. Procedures for the conduct of State elections shall also govern City elections to the extent that they are applicable. [Ord. 95-1(S), 1995; Ord. 82-6 § 1, 1982].
4.01.020 Definitions.
In this chapter, unless the context requires otherwise:
The masculine includes the feminine.
“Canvass” means and includes, but is not limited to:
1. The counting of absentee and questioned ballots; and
2. Examination of precinct election materials and certificates of election officials.
“Clerk” means the City Clerk or any properly authorized assistant or designee.
“Counting time” means weekend days and holidays are counted. When deadlines occur on Saturday, Sunday or a holiday, the deadline is automatically extended to the next Monday or the next normal working day, whichever is applicable. Time computation shall be as provided in the general provisions of the Homer City Code.
“Days” means and includes weekends and holidays.
“Election” means and includes any regular or special election for the City of Homer.
“Election officials” means the City Clerk or his designee, election judges and election clerks and canvass boards.
“Election Supervisor” means the City Clerk.
“Electronic transmission” means transmission by facsimile machine or electronic mail.
“Oath” means and includes affirmation.
“Precinct” means the territory established by the Lieutenant Governor within which resident voters may cast ballots at one polling place.
“Proposition” means and includes questions, initiatives and referendums.
“Publication” means a newspaper of general circulation and/or posting in public places.
Qualified Voter. See HCC 4.05.010.
“Regular election” means a general election to fill City offices.
“Special election” means any election held at a time other than when a regular election is held.
“Swear” means and includes affirm.
“Total votes cast” means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots which are counted as blank votes in a particular race and ballots which are counted as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.
“Voter” means any person who presents himself for the purpose of voting, either in person or by absentee ballot. [Ord. 12-22 § 1, 2012; Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 82-6 § 27, 1982].
4.01.030 City Clerk to administer elections.
The City Clerk in accordance with the provisions of this chapter is the Election Supervisor for and shall administer all City elections. [Ord. 95-1(S), 1995; Ord. 82-6 § 2, 1982].
4.01.040 Date of election.
Regular City elections shall be held on the first Tuesday in October of each year. Special elections may be held on any Tuesday during the year, and are called by resolution of the Council providing for at least 20 days’ notice pursuant to AS Title 29. [Ord. 95-1(S), 1995; Ord. 82-6 § 5, 1982].
4.01.050 Notice of election.
a. The City Clerk shall post the notice of each regular and special election in three public places and publish it at least twice in one or more newspapers of general circulation in the City. The first such publication shall be accomplished at least 20 days prior to the election and the last notice is to be accomplished within the week prior to the election.
b. Each notice shall include:
1. The type of election, regular or special.
2. The date of the election.
3. The hours the polls will be open and the location of the polling place.
4. The offices to which candidates are to be elected.
5. The subjects of propositions to be voted upon.
6. Voter qualifications and instructions for registration including the final date for registration before this election.
7. Instructions for application for absentee voting: in person, by mail and by special needs voting.
8. A reference to polling places with a description of the voting precincts. [Ord. 00-15 § 5, 2000; Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 90-41 § 1, 1990; Ord. 82-6 § 2, 1982].
4.01.060 Precincts and polling places.
a. The precincts established by the Lieutenant Governor and set forth in the Alaska Administrative Code shall be the precincts for all City elections. The Clerk shall secure a polling place within each precinct, if possible, for all City elections.
b. On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m. and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by at least 6:30 a.m. so that voting will start promptly at 7:00 a.m. The chairman of the election board shall 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 are present at the polling place. [Ord. 10-25 § 2, 2010; Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 82-6 § 17, 1982].
4.01.070 Election supplies and equipment.
a. Before the opening of the polls, the Clerk shall furnish to the election board of each precinct the State voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct’s election, including those materials required by this section.
b. The Clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, how to obtain information from election officials and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The Clerk shall provide booths at each polling place and appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot box or boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place. The polling place will be marked by display of the American flag on election day. [Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 82-6 § 12, 1982].
4.01.080 Sale of alcoholic beverages permitted.
The provisions of AS 04.16.070(a) prohibiting the sale of alcoholic beverages within licensed premises on State or municipal election days until the polls have closed do not apply in the City, as authorized by AS 04.16.070(b). [Ord. 08-58 § 1, 2008; Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 82-6 § 4, 1982].
4.01.090 Certain election practices prohibited.
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. 95-1(S), 1995; Ord. 82-6 § 26, 1982].
4.01.100 Expenses.
The City shall pay all necessary election expenses, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags and other supplies and any wages due election officials unless otherwise provided by this code. The City shall pay each election official the hourly rate for similar election officials for State elections for the time spent at their election duties, including the receiving of instruction. [Ord. 95-1(S), 1995; Ord. 90-42(A) § 6, 1990; Ord. 82-6 § 24, 1982].
4.01.110 Oath of office.
Oaths of office shall be administered for City offices including Councilmen and Mayor, which shall affirm in writing that they will honestly, faithfully and impartially perform their duties. These oaths will be kept on file at City Hall by the City Clerk. [Ord. 95-1(S), 1995; Ord. 82-6 § 21, 1982].
4.01.120 Destruction of election materials.
a. All ballots and tabs may be destroyed 30 days after the certification of the results of the election unless an application for a recount has been filed and the recount is not completed, or the election has been contested and the results of the contests have not been certified.
b. Certificates of election, voter registers, and tallies shall be retained for a period of four years after the election. [Ord. 00-15 § 1, 2000; Ord. 99-13 § 1, 1999; Ord. 95-1(S), 1995; Ord. 82-6 § 22, 1982].
4.01.130 Use of mechanical or electronic voting equipment.
Procedures for designing, marking and counting ballots may be altered to specifically accommodate use of mechanical or electronic voting equipment providing the procedures and equipment are those utilized by the Election Supervisor in State elections. [Ord. 95-1(S), 1995; Ord. 82-6 § 15, 1982].
For Alaska Statute provisions regarding municipal elections, see AS 29.26.010 et seq.