Chapter 3.17
ADMINISTRATION OF ELECTIONS
Sections:
3.17.050 Ballots – Distribution.
3.17.070 Reporting voting information to the state.
3.17.010 Time of election.
A. Regular and special elections shall be held at the times specified in HMC 3.05.030 and 3.05.040, respectively.
B. On the day of any election, the polls shall be open from 7:00 a.m. until 8:00 p.m. for the purpose of voting, consistent with state statute. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.010)
3.17.020 Election notices.
A. Notice of Voter Registration. The Clerk shall post on the City’s website and publish at least twice in one or more newspapers of general circulation a notice of voter registration. The posting and first publication shall occur not less than 60 calendar days before a regular or special election. The notice shall include the qualifications required of voters, and the locations at which voters may register.
B. Notice of Election. The Clerk shall post on the City’s website and publish at least twice in one or more newspapers of general circulation in the City a notice of each election. The Clerk shall also post the notice in City Hall. The first such publication and posting shall occur at least 30 calendar days before a regular election and 20 calendar days before a special election. Each notice of election shall include information regarding:
1. Whether it is a regular or special election;
2. The date of the election;
3. The location of the polling places and the hours the polling places shall be open;
4. The seats to which candidates are to be elected;
5. The subjects of propositions and questions to be voted upon;
6. Instructions for absentee by mail and early voting; and
7. Notification that anyone needing special assistance in casting their vote due to a disability or need for the ballot to be translated shall contact the Clerk for assistance at least 24 hours before the time of casting their ballot.
C. Notice of Bonded Indebtedness. The Clerk shall post on the City’s website and publish a notice of bonded indebtedness before a general obligation bond election, as required by AS 29.47.190.
D. Declaration of Candidacy – Notice of Offices to Be Filled. The Clerk shall post on the City’s website and publish at least twice in one or more newspapers of general circulation in the City a notice of offices to be filled at each regular or special election and the manner of declaring candidacy. The posting and first publication shall occur not less than 10 calendar days before the filing period for declarations of candidacy opens. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.020)
3.17.030 Election officials.
A. Appointment. Before each election, the Clerk shall determine the number of election officials required to serve. The Clerk, subject to approval by the Council, shall appoint the number of election officials necessary to conduct an orderly election, unless otherwise specified in this section.
1. Precinct Election Officials.
a. The Clerk shall appoint at least three election officials to constitute the Election Board for each precinct. The Clerk shall designate one election official in each precinct as the chairperson, who shall be primarily responsible for administering the election in that precinct. If the chairperson is unable to fulfill his or her duties, the other election officials shall perform the chairperson’s duties.
b. All election officials shall attend all training sessions offered by the Clerk or Borough Clerk unless excused by the Clerk.
2. Early Voting Officials. The Clerk shall appoint at least two election officials to conduct voting at early voting locations.
3. Review Board. The Clerk shall appoint at least two election officials to the Review Board. The Review Board is responsible for testing the vote tabulation system used in the election pursuant to HMC 3.33.030.
4. Canvass Board. The Clerk shall appoint at least three election officials as the Canvass Board. The Canvass Board is responsible for performing the duties provided in HMC 3.33.050 through 3.33.075.
5. Counting Teams. The Clerk shall appoint election officials to a counting team. A counting team shall consist of at least four election officials. The Clerk may appoint more than one counting team. The counting team shall only be appointed as necessary for a hand count of ballots and may be appointed by the Clerk without approval of the Council to expedite the counting process.
B. Qualifications. All election officials shall be registered voters of the City, unless there is an insufficient number of City voters to conduct an orderly election. All election officials must be registered voters of the Matanuska-Susitna Borough. There shall be no inquiry into an election official’s political party as a prerequisite to service.
C. Relationship to Candidate. No candidate shall serve as an election official. Neither shall any person serve as an election official if they are related to any candidate by means of the following familial or domestic relationships:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
If the Clerk knows or learns of the existence of any such relationship between a candidate in an election and an election official, the Clerk shall replace that election official by appointing another person who is determined to be eligible to serve under this section.
D. Oath. Before commencing to serve, each election official shall subscribe to an oath administered by either the City Clerk or Borough Clerk.
E. Replacement Election Officials. The Clerk or Borough Clerk shall appoint a person eligible under this section to serve in place of an absent election official. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.030)
3.17.040 Ballots – Form.
A. The Clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections.
B. The Clerk shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters of form not otherwise provided by law. The ballots shall be numbered in series to ensure simplicity and secrecy and to prevent fraud.
C. The ballot shall be designed by the Clerk in such a way as to set forth the names of candidates in the same manner on each ballot used in the election. The names of candidates shall be printed as they appear upon the declaration of candidacy filed with the Clerk, except that any honorary or assumed title or prefix shall be omitted. However, the candidate’s name appearing on the ballot may include a nickname or familiar form of the proper name of the candidate. The names of candidates shall be arranged on the ballot alphabetically by last name.
D. The title of the Council seat to be filled shall be followed by the words “Vote for One” in parentheses, followed by the printed names of the candidates. Below the printed names of candidates appearing on the ballot shall be blank lines equal in number to the seats to be filled for the office, upon which the voter may write the names of persons not listed on the ballot.
E. Propositions and questions shall be placed on the ballot in the manner prescribed by the Clerk. The words “Yes” and “No” shall appear below each proposition or question.
F. Each ballot shall state “City of Houston,” “Official Ballot,” the type of election, and the date of election. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.040)
3.17.050 Ballots – Distribution.
A. The Clerk shall have ballots printed for each election and in the Clerk’s possession at least seven calendar days before the election; however, sample and absentee ballots shall be in the Clerk’s possession 16 calendar days before a regular or special election.
B. Sufficient ballots shall be delivered to the Election Board prior to the opening of the polls on the date of an election. The ballots shall be distributed in containers marked with the number of ballots enclosed. A receipt for the ballots shall be signed and dated by an election official. The receipt shall include the number of ballots issued to the precinct and shall be held by the Clerk.
C. No ballots shall be taken from the polling place before the closing of the polls on election day unless the Clerk, for good cause, directs that the ballots be removed. A record shall be kept by the election officials of the ballots removed from a polling place. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.050)
3.17.060 Election materials.
A. The Clerk shall equip each precinct and voting location with sufficient materials and supplies needed for the election.
B. The Clerk shall provide written instructions to voters on how to obtain ballots, how to mark them, and how to obtain new ballots to replace those destroyed or spoiled.
C. The Clerk shall have sample ballots printed and available to the voters which are identical in form to the ballots to be used in the election, and are printed on colored paper and marked “sample.”
D. The Clerk shall provide polling booths and ballot boxes at each polling place and voting location with appropriate supplies and conveniences to enable each voter to mark his ballot while screened from observation. At least three sides of each polling booth shall be enclosed. Ballot boxes shall be placed outside of the polling booths within plain view of the election officials, voters, and other persons at the polling places.
E. The Clerk may make arrangements with the Borough Clerk or the state for the use of voting machines and other equipment and supplies relating to voting. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.060)
3.17.070 Reporting voting information to the state.
Within 60 calendar days after each election held in the City, the Clerk shall send to the State Division of Elections the official registers, questioned voter registers, and absentee and special needs voting lists containing the names, residence addresses, and voter identification of all persons voting in that election. (Ord. 07-02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.070)
3.17.080 Expenses.
The City shall pay all necessary election expenses, including those of securing places for polls and providing ballot boxes, ballots, polling booths, screens, national and state flags and other supplies, and any wages due to election officials; however, all expenses related to a recount shall be apportioned pursuant to HMC 3.41.060. (Ord. 07‑02 § 2, 2007; Ord. 15-06 § 5, 2015; Ord. 16-21(S) § 7, 2016. Formerly 3.16.080)