Chapter 3.21
VOTING PROCEDURES
Sections:
3.21.020 Official voter registration list.
3.21.030 Prohibition of political discussion by election official.
3.21.040 Prohibition of political persuasion near polls.
3.21.055 Voter identification.
3.21.080 Assistance to voters.
3.21.100 Opening ballot box and ballot accountability report.
3.21.110 Ballot container delivery.
3.21.010 Ballot box security.
On election day before receiving any ballots, the Election Board shall, 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 shall be sealed with a security device. The box shall not be opened again and shall not be removed from the polling place, nor from the presence of persons assembled at the polling place, until after the polls have closed. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.20.010)
3.21.020 Official voter registration list.
A. The Clerk shall order from the State of Alaska Division of Elections a list of persons qualified to vote under HMC 3.09.010 in each precinct in the election from the official voter registration list maintained by the state. The list shall include the name of the voter, the residential address, and the mailing address of the voter. The list shall serve as the precinct register.
B. The Election Board shall keep a register or registers in which each voter’s signature, residence and mailing address shall be entered before the voter receives a ballot. A record shall be kept of persons who were offered a ballot but did not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote pursuant to HMC 3.09.010.
C. If the person’s name does not appear on the registration list for the precinct in which the voter seeks to vote, the election official shall advise the voter that he or she may cast a questioned ballot as provided in HMC 3.29.050. (Ord. 07-02 § 2, 2007; Ord. 12-11 § 4, 2012; Ord. 16-21(S) § 8, 2016. Formerly 3.20.020)
3.21.030 Prohibition of political discussion by election official.
During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.20.030)
3.21.040 Prohibition of political persuasion near polls.
During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question, nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. For the purposes of this section, the entrance to a polling place is the entrance to the building. The Election Board shall post warning notices in the form and manner prescribed by the Clerk. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.20.040)
3.21.050 Poll watchers.
A. Each candidate, or organized group that sponsors or opposes an issue, may designate one person at a time to be a poll watcher in each precinct.
B. A person wishing to serve as a poll watcher shall request authorization from the Clerk. The authorization must include:
1. The name of the person to act as a poll watcher;
2. The name of the candidate, group, or organization the poll watcher is representing;
3. The date of the election; and
4. The precinct the poll watcher wishes to observe.
C. The poll watcher must present authorization as defined in subsection (B) of this section to the election official upon request. The poll watcher will be provided an area to view all actions of the Election Board. Without the proper authorization, the election official is empowered to ask a poll watcher to leave the polling place.
D. Persons observing may:
1. Observe the conduct of the election; and
2. Check the polling booths after each voter to make sure campaign materials have not been left in the booth.
E. Persons observing may not:
1. Have any duties in the conduct of the election;
2. Be allowed to touch any of the election materials; or
3. Interfere or disturb the orderly conduct of the election. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.20.050)
3.21.055 Voter identification.
A. Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including:
1. An official voter registration card, driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting and fishing license; or
2. An original or a copy of a current utility bill, bank statement, government check, or other government document, which must display the voter’s name and current address.
B. An election official may waive the identification requirement if another election official knows the identity of the voter.
C. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot. (Ord. 16-21(S) § 8, 2016)
3.21.060 Voting ballots.
A. When the voter has been confirmed as qualified to vote, the election official shall provide the voter an official ballot, and the voter shall mark the ballot in private. After the voter has marked the ballot, the voter may deposit the ballot in the ballot box.
B. A voter may not leave the precinct or voting location with the official ballot that the voter received. Subject to HMC 3.21.080, a voter may not exhibit the voter’s ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.20.060)
3.21.070 Damaged ballots.
If a voter mutilates, improperly marks, spoils or otherwise damages his ballot, the voter may request and the election official shall provide another ballot upon the voter returning the damaged ballot to the election officials, with a maximum of three ballots. The election official shall record the number of the improperly marked or damaged ballot without examining it and give the damaged ballot back to the voter, who shall destroy and discard it immediately in the presence of an election official. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.21.080)
3.21.080 Assistance to voters.
Non-English-speaking voters, voters who are blind, physically impaired, or otherwise incapable of marking a ballot may bring a person, or if necessary two persons, of their choice with them to the polling place or voting location, or before an election official, to assist the voters in casting their ballots. The persons assisting the voter may not be a candidate for office in that election, related to a candidate for office in that election in any manner described at HMC 3.17.030(C), the voter’s employer, agent of the voter’s employer, or officer or agent of the voter’s union. If the election official is requested, the election official shall assist the voter. If a person other than an election official is to provide assistance, the person must take an oath before an election official not to divulge how the voter cast the ballot. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.21.090)
3.21.090 Closing of polls.
Fifteen minutes before and at the time of closing of the polls, an election official shall announce the present time and the time of closing the polls. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. After closing, no person will be allowed to enter the precinct for purposes of voting. Every qualified voter present and in line at the time prescribed for closing the polls may vote. (Ord. 07‑02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.21.100)
3.21.100 Opening ballot box and ballot accountability report.
A. The Clerk shall establish procedures prescribing the manner in which the ballot count is accomplished to ensure accuracy in the count and to expedite the process.
B. After the polls are closed and the last vote has been cast, the election officials shall tabulate the results of the regular ballots cast. After the tabulation is complete, election officials shall open the secured ballot boxes and segregate the regular, questioned, absentee by mail, and special needs ballots into discrete groups. Each segregated group of ballots shall be placed in a ballot container and sealed in the manner prescribed by the Clerk. The container shall bear the date of the election, the type of ballots enclosed and the precinct name and number.
The Election Board shall account for all ballots by completing a ballot accountability report that shall accurately record:
1. The number of ballots received;
2. The number of ballots voted;
3. The number of ballots destroyed; and
4. The number of official ballots unused and returned for destruction to the Clerk.
C. The Election Board shall compare the number of regular ballots cast to the precinct register and the number of questioned ballots cast to the questioned voter register. Discrepancies shall be noted and included in the ballot accountability report.
D. All voting supplies, materials, and completed forms shall be returned to the Clerk’s office at the time and in the manner prescribed by the Clerk. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.21.120)
3.21.110 Ballot container delivery.
On election day after the polls have closed and ballots have been accounted for under this chapter, two election officials from the precinct shall deliver the sealed ballot containers to the Clerk unless otherwise directed by the Clerk. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 8, 2016. Formerly 3.21.130)