Chapter 3.29
VOTING METHODS
Sections:
3.29.010 Voting methods – Eligible persons – Liberal construction.
3.29.020 Absentee by mail voting.
3.29.030 Special needs voting.
3.29.010 Voting methods – Eligible persons – Liberal construction.
A. Any qualified voter may vote an absentee by mail, early or questioned ballot at any election for any reason.
B. This chapter shall be liberally construed, so as to further its purposes. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 9, 2016; Ord. 18-01 § 5, 2018. Formerly 3.28.010)
3.29.020 Absentee by mail voting.
A. A qualified voter may apply to the Clerk for an absentee by mail ballot to be mailed to the voter.
B. The Clerk must receive the application not earlier than the first of the year in which the election is to be held and not later than 5:00 p.m. Alaska time seven calendar days before an election. A request may be accepted by facsimile or electronically.
C. All applications for an absentee by mail ballot shall be in writing, on a form provided by the Clerk’s office, containing the following information:
1. The applicant’s full Alaska residential address;
2. The address to which the absentee ballot is to be mailed. If no ballot mailing address is provided, the ballot will be sent to the voter’s permanent mailing address on file with the State of Alaska Division of Elections;
3. The applicant’s signature; and
4. A voter identifier such as a voter number, a Social Security number, or date of birth.
D. Once the ballots are in the Clerk’s possession and ready for distribution and upon timely receipt of an application for absentee by mail ballot the Clerk shall mail an official ballot and other absentee voting material to the applicant by first class mail. A return envelope shall be mailed with the materials and shall be addressed to the Clerk.
E. A voter who applies for and receives an absentee by mail ballot may vote the ballot at any time on or before the day of the election. The voted ballot shall then be placed in a secrecy sleeve, which is then placed in the return envelope. The voter shall sign the certification on the return envelope in the presence of either of the following, who shall attest to the voter’s signature by signing the certification:
1. A person qualified to administer oaths, such as a notary public; U.S. Postmaster or authorized postal clerk; commissioned military officer; judge; magistrate; clerk of the court; a duly appointed voter registrar or election official as defined in HMC 3.05.010; or
2. One witness who is at least 18 years of age may witness the voter’s signature if an authorized official is not reasonably accessible.
F. After the voter’s signature has been witnessed, the voter shall mail or otherwise deliver the ballot to the Clerk. The voted absentee by mail ballot shall be received by mail as defined in HMC 3.33.060(A) or returned to an election official no later than 8:00 p.m. on election day. A precinct election official shall deliver to the Clerk all voted absentee by mail ballots.
G. Before the opening of the polls on election day, or as soon as practicable thereafter, the Clerk shall give to the Election Board a list of voters who have voted an absentee by mail ballot. A voter who was issued but has not voted an absentee ballot by mail may not vote a regular ballot at the polling place unless the voter first surrenders the absentee by mail ballot to the Election Board. If the voter does not have the absentee by mail ballot to surrender, the voter may vote a questioned ballot as provided in HMC 3.29.050. Absentee by mail ballots surrendered to the Election Board shall be returned to the Clerk.
H. The Clerk shall deliver the voted absentee by mail ballots to the Canvass Board for canvassing. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 9, 2016; Ord. 18-01 § 5, 2018. Formerly 3.28.020)
3.29.030 Special needs voting.
A. A qualified voter who, due to a disability, is unable to go to a polling place to vote may vote a special needs ballot.
B. The voter, or the voter’s representative, may request a special needs ballot from:
1. An election official at an early voting location designated by the Clerk at a time when the voting location is in operation; or
2. An election official at a polling place on election day.
C. The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in a secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall enter the voter’s name and the name of the representative on the envelope and shall sign the voter’s certificate in the presence of the representative. The representative shall witness the voter’s signature, and sign and date the representative’s certificate as provided on the envelope.
D. If a voter’s disability precludes the voter from performing any of the requirements of subsection (C) of this section, the representative may perform those requirements, except making the voting decision and signing the certificate on the ballot envelope on the voter’s behalf.
E. The representative shall deliver the ballot envelope to a City election official at a City location no later than 8:00 p.m. on election day. An election official shall deliver the voted special needs ballot to the Clerk.
F. No person who is a candidate for office at the election, an immediate family member of the candidate, the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may act as a representative for a voter.
G. The Clerk shall deliver the voted special needs ballot to the Canvass Board for canvassing. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 9, 2016; Ord. 18-01 § 5, 2018)
3.29.040 Early voting.
A. A qualified voter who meets the requirements set out in this section may vote early at a location designated by the Clerk, from 15 calendar days before a regular or special election, and up to 5:00 p.m. on the day before the election.
B. An election official shall issue a ballot to the voter under this section upon:
1. Exhibition of proof of identification as required by HMC 3.21.055; and
2. Verification that the voter’s residence address appearing on the official registration list is current and within Houston City limits; and
3. The voter’s signing the early voting register and early ballot envelope.
C. If the voter does not meet the requirements of subsection (B) of this section, or the voter’s qualifications to vote are otherwise in question, the voter shall vote a questioned ballot as provided in HMC 3.29.050.
D. On receipt of the ballot, the voter shall mark the ballot in private, place the ballot in the secrecy sleeve, and enclose the secrecy sleeve in an envelope that bears the name of the voter. The voter must sign and date the voter’s certificate on the envelope in the presence of an election official who shall sign and date the envelope as attesting official. The voter shall deposit the ballot envelope in the ballot box in the presence of an election official. The early ballots shall remain in the election official’s custody and shall be delivered to the Clerk.
E. The Clerk shall deliver the voted early ballots to the Canvass Board for canvassing.
F. Before the opening of the polls on election day, the Clerk shall give to the Election Board at each polling place a list of the voters who have voted an early ballot. If a voter on the list attempts to vote on election day, the voter may not vote a regular ballot but may vote a questioned ballot. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 9, 2016; Ord. 18-01 § 5, 2018)
3.29.050 Questioned voting.
A. If a person’s qualification to vote is in question, the person may vote a questioned ballot after complying with subsection (C) of this section.
B. Every election official and any other person qualified to vote may question a person attempting to vote if the questioner has good reason to suspect that the person is not qualified to vote under HMC 3.09.010. All questions regarding a person’s qualification to vote shall be made in writing, setting out the reason that the person has been questioned.
C. The questioned person shall, before voting, sign a declaration on a form provided by the Clerk attesting to the fact that the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election, and certifying that the person understands that a false statement on the declaration may subject the person to prosecution for a misdemeanor under state law. After the questioned person has signed the certificate, the person may vote a questioned ballot.
D. A voter who casts a questioned ballot shall mark the ballot in private, place the ballot in the secrecy sleeve, and enclose the secrecy sleeve in an envelope on which the declaration the voter previously signed is located. The ballot envelope shall be deposited in the ballot box.
E. The election official shall keep a record of the names and signatures of the voters who cast the questioned ballots and the date on which the ballots were cast as directed by the Clerk.
F. The questioned ballots shall remain in the election official’s custody until delivered to the Clerk as directed by the Clerk.
G. The Clerk shall deliver the voted questioned ballots to the Canvass Board for canvassing. (Ord. 16-21(S) § 9, 2016; Ord. 18-01 § 5, 2018)