Chapter 4.10
CANDIDACY DECLARATION
Sections:
4.10.010 Declaration of candidacy.
4.10.020 Candidate qualifications.
4.10.030 Correction, amendments and withdrawal of declarations of candidacy.
4.10.040 Determination of eligibility of candidate.
4.10.010 Declaration of candidacy.
a. Time. A person declares candidacy for an elective City office by filing a declaration of candidacy with the City Clerk on or after August 1st and not later than 4:30 p.m. on August 15th; provided, that if August 15th is a Saturday or Sunday, a declaration of candidacy may be filed no later than 4:30 p.m. on the following Monday.
b. Filing. A declaration of candidacy may be filed with the City Clerk by electronic transmission; provided, that the original signed and notarized declaration is delivered to the City Clerk no later than the close of the filing period. If the City Clerk has not received the original signed and notarized declaration before the close of the filing period, the candidate’s name shall not appear on the ballot.
c. Notice. At least one week preceding the candidate filing period, the City Clerk shall publish a notice announcing that candidacy declarations are available, naming offices and the terms that are open on the next regular election day. The notice shall include:
1. Candidate qualifications.
2. Time for filing declarations.
3. Where to file declarations.
d. Declaration. The City Clerk shall provide a form for declaration purposes which will include candidate’s name, residence address, mailing address and telephone number; a statement of City residence, voter qualifications and the name of the office and the date of the election to which he declares himself a candidate; the term of office; and a statement of acceptance of the office if elected and an acknowledgment of compliance with the State of Alaska Campaign Disclosure Law. The declaration will be signed and dated by the candidate and sealed by a notary. The candidate’s name shall be printed as specified on the declaration for candidacy (see ballot form in HCC 4.15.010 for prohibitions). [Ord. 18-21 § 1, 2018; Ord. 16-01(A)(S) § 2, 2016; Ord. 99-13 § 2, 1999; Ord. 95-1(S), 1995; Ord. 84-17 § 1, 1984; Ord. 82-6 § 7, 1982].
4.10.020 Candidate qualifications.
a. Must be a qualified voter as noted in HCC 4.05.010.
b. Must meet the eligibility requirement of HCC 2.08.020. [Ord. 99-13 § 2, 1999; Ord. 95-1(S), 1995].
4.10.030 Correction, amendments and withdrawal of declarations of candidacy.
Any candidate may withdraw his nomination at any time during the period for filing declarations by appropriate written notice to the City Clerk. However, after the last filing date for candidacy declarations has closed, no declaration may be corrected, amended or withdrawn. [Ord. 95-1(S), 1995; Ord. 84-17 § 1, 1984; Ord. 82-6 § 7, 1982].
4.10.040 Determination of eligibility of candidate.
The Clerk shall determine whether each candidate for municipal office is qualified as provided by law.
a. In determining residence within the City for the purposes of this chapter, the Clerk shall apply the following rules:
1. A person establishes residence within the City by:
a. Actual physical presence at a specific location within the City; and
b. Maintaining a habitation at the specific location;
2. A person may maintain a place of residence at a specific location within the City while away from the location for purposes of employment, education, military service, medical treatment or vacation if the person does not establish residency at another location; and
3. A qualified voter loses residence by voting in another district or in another state’s election.
b. At any time before the election the Clerk may disqualify any candidate whom the Clerk finds is not qualified. A candidate who is disqualified may request a hearing before the Clerk. The hearing shall be held no later than five business days after the request unless the candidate agrees in writing to a later date.
c. Any person may question the eligibility of a candidate who has filed a declaration of candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of a candidate must be received by the Clerk not later than the close of business on the tenth day after the filing deadline for the office for which the candidate seeks election.
1. The complaint must be in writing and include the name, mailing address, contact phone number, signature of the person making the complaint, a statement describing the grounds on which the candidate’s eligibility is being questioned, along with relevant evidence to support the allegations.
2. The Clerk will review only those issues in the complaint related to candidate qualifications.
3. Upon receipt of a complaint the Clerk will send notification in writing to the candidate.
d. The Clerk shall review any evidence relevant to the candidate’s qualifications, including, but not limited to, the candidate’s residency, voter registration, declaration of candidacy, and any other document of public record or as required by HCC 4.10.020. Based on the review of the evidence, the Clerk will determine by a preponderance of evidence if the candidate is qualified for the office.
1. If the Clerk determines the preponderance of evidence supports the eligibility of the candidate, the Clerk will issue a final determination supporting the candidate’s eligibility.
2. If the Clerk determines the preponderance of evidence does not support the candidate’s eligibility, notice to the candidate will identify any additional information or evidence that must be provided by the candidate. The Clerk must receive the requested information no later than three calendar days from the date of notice. The Clerk will consider any additional information provided and issue a final determination as to the candidate’s eligibility no later than three calendar days from receipt of the additional information.
3. If the information requested by the Clerk in subsection (d)(2) of this section is not received by the specified deadline, the Clerk will issue a final determination regarding the candidate’s eligibility based on the information initially reviewed.
4. The Clerk will send notice of final determination in writing to the person making the complaint, if applicable, and to the candidate. The determination of the Clerk is final. [Ord. 21-35 § 1, 2021; Ord. 95-1(S), 1995].
4.10.050 Prohibitions.
a. A person may not serve simultaneously as Mayor, Council member, Commissioner or member of the Library Advisory Board.
b. No elected municipal official may hold any other municipal office, or municipal employment or elected position in the State or Federal government while in office.
c. A person elected or appointed to the office of City Mayor or City Council member may not be a candidate for another elected City office or for another term for the same City office, except as follows:
1. A person holding such City office may be a candidate for election to the same or a different City office during the last year of the person’s term of office; and
2. A person who resigned from the office of City Mayor or City Council may be a candidate for the same City office only during or after the last year of the term from which the person resigned; and
3. At any time a person may be a candidate for the office of City Mayor while simultaneously serving as a City Council member, but if elected such person must resign the office of City Council prior to assuming the office of Mayor.
d. A candidate for municipal office who has complied with HCC 4.10.010 may not solicit or accept a financial contribution from the City Manager or an employee of the City. [Ord. 17-17 § 2, 2017; Ord. 07-36(S)(A)(S) § 1, 2007; Ord. 95-1(S), 1995].
4.10.060 Notice of vacancies.
Procedure to be followed as outlined in HCC 2.08.050. [Ord. 95-1(S), 1995].