Chapter 3.13
CANDIDATES
Sections:
3.13.010 Candidate qualifications.
3.13.015 Declaration of candidates.
3.13.020 Declaration of candidates – Procedure.
3.13.025 Determination of eligibility of candidate.
3.13.040 Financial disclosure.
3.13.050 Corrections, amendments and withdrawal of declaration of candidacy.
3.13.010 Candidate qualifications.
A. Any person is eligible for City office if he is a qualified voter of the City and meets state and City requirements for the office.
B. Candidates for City Council seats shall reside in the City and meet the requirements of HMC 2.04.040.
C. A candidate shall provide proof of qualification for office as required by the Clerk. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015. Formerly 3.12.010)
3.13.015 Declaration of candidates.
A. A candidate for Council shall file a declaration of candidacy under oath on a form provided by the Clerk.
B. The declaration of candidacy shall include:
1. The full name of the candidate, and the manner in which the candidate wants the candidate’s name to appear on the ballot;
2. The full residence and mailing address of the candidate;
3. The contact information of the candidate;
4. The seat for which the candidate declares;
5. A statement that the candidate is qualified for office as provided by law, and will serve if elected;
6. The candidate’s certification before an official authorized to administer oaths that the information is true and accurate, with the date and the candidate’s signature.
C. Persons seeking elective office shall request a declaration of candidacy from the Clerk for the specific seat which they are seeking. If the person chooses to run for a different seat, a declaration of candidacy for that seat shall be filed with the Clerk’s office. A declaration of candidacy for a particular seat may not be substituted for another office or seat.
D. Each declaration of candidacy submitted to the Clerk shall be accompanied by a nonrefundable $25.00 fee, payable by cash, certified check, or credit card. An application showing proof of indigence may be completed, and submitted to the Clerk for approval, by candidates requesting waiver of the filing fee. (Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 6, 2016)
3.13.020 Declaration of candidates – Procedure.
A. Packets containing declarations of candidacy shall be available from the Clerk’s office no later than the day the filing period opens. The packets shall remain available throughout the filing period.
B. Declarations of candidacy shall be submitted on a form provided by the Clerk. The declaration of candidacy form must be submitted as an original and shall not be submitted by facsimile or electronically. A declaration of candidacy shall be completed and filed with the Clerk:
1. No earlier than 9:00 a.m., 78 calendar days before a regular election and no later than 5:00 p.m., 67 calendar days before a regular election;
2. No earlier than 9:00 a.m., 64 calendar days before a special election and no later than 5:00 p.m., 53 calendar days before a special election.
C. Within four days after filing a declaration of candidacy, the Clerk shall notify the candidate named in the declaration of candidacy as to whether it is in proper form. If not, the Clerk shall immediately return the declaration of candidacy to the candidate, with a statement certifying how the declaration of candidacy is deficient. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015. Formerly 3.12.020)
3.13.025 Determination of eligibility of candidate.
A. The Clerk shall determine whether each candidate for City office is qualified as provided by law. At any time before the election the Clerk may disqualify any candidate whom the Clerk finds is not qualified.
B. Any person, including the Clerk, may question the eligibility of a candidate who has filed a declaration of candidacy with the Clerk by filing a complaint with the Clerk.
C. The complaint must be in writing and include the name, mailing address, contact phone number, signature of the person making the complaint, and a statement on which the candidate’s eligibility is being questioned.
D. The Clerk will review only those issues in the complaint related to candidate qualifications established by the United States Constitution, the Alaska Constitution, the Alaska Statutes, or the City code.
E. Upon receipt of a complaint, or if the Clerk questions the eligibility of the candidate, the Clerk will send written notification to the candidate.
F. The Clerk will 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 as required by HMC 3.13.010. Based on the review of the documents, the Clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate.
G. 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.
H. 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 City business 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 City business days from receipt of the additional information.
I. If the information requested by the Clerk in subsection (H) 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.
J. 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. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015. Formerly 3.12.025)
3.13.030 Write-in candidates.
A. Votes for a write-in candidate for elective City office will not be counted unless the candidate has filed a letter of intent with the Clerk stating:
1. The full name of the candidate;
2. The full residence and mailing addresses of the candidate;
3. The day and evening telephone numbers of the candidate;
4. The seat, if applicable, 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. Is not a candidate for any other seat to be voted on at the election;
8. A certification by the candidate that the information in the letter of intent is true and accurate; and
9. The date and notarized signature of the candidate seeking office.
B. A letter of intent under subsection (A) of this section must be filed with the Clerk not earlier than the day immediately following the last day of the filing period for declaration of candidacy pursuant to HMC 3.13.020 and not later than 1:00 p.m. on the day before the election. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015)
3.13.040 Financial disclosure.
A. Elected officers of the City shall be exempt from compliance with AS 39.50 which requires a public official to file a statement of his financial and business interest, which exemption is permitted by AS 39.50.145.
B. Appointed officers of the City shall be exempt from compliance with AS 39.50 which requires a public official to file a statement of his financial and business interest, which exemption is permitted by AS 39.50.145.
C. Candidates for elective offices of the City shall be exempt from compliance with AS 39.50 which requires a candidate for public office to file a statement of his financial and business interests, which is permitted by AS 39.50.145. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015. Formerly 3.12.030)
3.13.050 Corrections, amendments and withdrawal of declaration of candidacy.
A. A candidate may make corrections or amendments of the candidate’s declaration at any time during the period of filing a declaration of candidacy by written notice, signed by the candidate to the Clerk. The written notice must be signed by the candidate. After the filing period has closed, no declaration of candidacy may be corrected, or amended.
B. A candidate may submit to the Clerk a new declaration of candidacy for a different seat, at any time during the period for filing declarations, but only after a written withdrawal of the former declaration of candidacy, signed by the candidate.
C. A person may withdraw as a candidate for office only by filing with the Clerk a written withdrawal of the declaration of candidacy signed by the candidate no later than 4:00 p.m. on the third calendar day following the closing of the candidacy filing period. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015. Formerly 3.12.040)