Chapter 3.33
BALLOT COUNTING
Sections:
3.33.010 Counting ballots – General.
3.33.015 Hand counting of ballots.
3.33.020 Counting – Automated ballot tabulation.
3.33.030 Ballot counting – Tests and security.
3.33.035 Preservation and destruction of ballots.
3.33.040 Certificate of election.
3.33.050 Counting questioned ballots.
3.33.060 Counting absentee by mail ballots.
3.33.065 Counting of early ballots.
3.33.070 Counting special needs ballots.
3.33.075 Counting and canvass of returns – Certificate of election.
3.33.080 Determination of tie votes.
3.33.010 Counting ballots – General.
A.The ballots shall be counted by the vote tabulation system selected by the City Clerk.
B. At no time during the tallying of votes may anyone but the election officials handle the ballots. The ballots shall not be marked in any way by anyone during the tallying.
C. Ballots may not be counted before 8:00 p.m. on election day. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.010)
3.33.015 Hand counting of ballots.
The counting of ballots by hand shall be completed in accordance with AS 15.15.360. (Ord. 16-21(S) § 10, 2016)
3.33.020 Counting – Automated ballot tabulation.
The Clerk shall designate the ballot tabulation system to be used for the counting of ballots, or shall use the same system designated by the Borough Clerk. The Clerk may negotiate and contract with the state, another municipality, or a private company for the ballot tabulation services or use the same contractor as the Borough Clerk. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.33.015)
3.33.025 Write-in votes.
A. To vote for a write-in candidate, the voter must write in the candidate’s name, and fill in the oval opposite the candidate’s name. Stickers may not be used on ballots.
B. Write-in votes shall be counted according to the following:
1. The voter complied with subsection (A) of this section; and
2. The write-in candidate has filed a letter of intent with the Clerk in accordance with HMC 3.13.030.
C. Writing in the name of a candidate whose name is printed on the ballot does not invalidate a write-in vote unless the Canvass Board determines, on the basis of other evidence, that the ballot was marked for the purpose of identifying the ballot.
D. Write-in votes shall only be tallied if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.33.020)
3.33.030 Ballot counting – Tests and security.
No later than one week before the election, the vote tabulation system shall be tested in the presence of, and to the satisfaction of, the Review Board. Upon completion of the testing, a security seal shall be placed on the tabulation system for delivery to the precincts. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016)
3.33.035 Preservation and destruction of ballots.
A. The Clerk shall preserve all official ballots in a secure manner, unopened and unaltered, for 30 calendar days from the date of the election certification or in cases where the election is contested, until 30 days after the final resolution of the contest. Upon the expiration of the preservation period, the Clerk shall completely destroy the ballots in accordance with the City’s records management procedures and keep a written certificate that the ballots have been destroyed.
B. Following an election, the Clerk may only permit the inspection of ballots, whether cast or uncast, and other election materials upon:
1. The direction of the City Council;
2. An order by a court of competent jurisdiction;
3. A request by the Canvass Board or counting teams when, in the event of a recount, the Board or teams deem it necessary to inspect the ballots and materials;
4. The direction of the Clerk and City Attorney in the event of an election contest if the Clerk and City Attorney deem it necessary to inspect the ballots and materials. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.030)
3.33.040 Certificate of election.
A. Upon closing of the polls the election officials shall count the votes in accordance with this chapter. When all the votes have been counted, the election officials shall prepare a certificate of election stating the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the Clerk. Each election official shall sign the certificate. The certificate and counting material shall be delivered to the Clerk.
B. Voting Tabulation System. Upon closing the polls, the Election Board shall print results tapes, sign the tapes, and return tapes and memory card as instructed in the election procedures. The results tapes serve as precinct certificates of election. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.040)
3.33.050 Counting questioned ballots.
A. Questioned ballots shall be delivered to the City Canvass Board for counting at the time and in the manner prescribed by the Clerk. The tabulation of questioned ballots may not begin until the Canvass Board has identified and set aside all questioned ballots submitted by those voters who are determined to have cast ballots in another manner in the election.
B. Questioned ballot envelopes shall be reviewed by the Canvass Board to determine whether the voter is qualified to vote at the election, and whether the ballot was properly cast. After completing its investigation, a Canvass Board by majority vote may refuse to accept the question of a ballot that it determines was properly cast, and shall count the ballot, subject to the requirements of this section.
C. A questioned ballot shall be counted despite:
1. Failure of a voting official to properly sign and date the questioned voter’s certificate as attesting official;
2. Failure of the questioned voter to sign the questioned voter’s certificate; provided, that the voter signed the certificate on the questioned voter register, and the Canvass Board has determined both that the voter is qualified to vote and the ballot has been properly cast. The certificate the questioned voter signs on the register shall be the same certificate the voter signed on the questioned ballot oath and affidavit envelope.
If the voter is qualified to vote and the ballot has been properly cast, the questioned ballot envelope shall be opened and the secrecy sleeve shall be mixed with other secrecy sleeves. The ballots shall be removed from the secrecy sleeves and shall be mixed with the other ballots for counting.
D. If the question is accepted and the ballot is refused, the Clerk shall notify the questioned voter, in writing, of the reason the ballot was not counted. The rejected ballots shall be placed in a container which shall be labeled “no count” and shall be preserved as set out in HMC 3.33.035. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.050)
3.33.060 Counting absentee by mail ballots.
A. To be counted in the election, an absentee ballot shall be postmarked on or before election day and received by the Clerk no later than the third calendar day following the election. If no readable postmark appears on the absentee by mail ballot envelope, the enclosed absentee by mail ballot shall be counted only if the voter’s signature is dated on or before election day. Absentee by mail ballot envelopes received after the third calendar day following the election shall not be opened, but shall be marked “no count” with the date of receipt noted on the ballot envelope.
B. The Clerk shall deliver all absentee by mail ballots to the Canvass Board for review in the manner determined by the Clerk. The tabulation of absentee by mail ballots may not begin until the Canvass Board has identified and segregated any absentee by mail ballots cast by voters who also cast ballots in another manner in the election.
C. Absentee ballot envelopes shall be examined by the Canvass Board, who shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast. An absentee by mail ballot shall not be counted if the voter’s certification on the return envelope is not signed and attested as required by HMC 3.29.020. If the voter is qualified and the ballot has been properly cast, the return envelope shall be opened and the secrecy sleeve shall be mixed with the other secrecy sleeves. The ballots shall be removed from the secrecy sleeves and shall be mixed with the other ballots for counting.
D. If the absentee by mail voter is not qualified or the voter’s ballot has not been properly cast, the Clerk shall notify the voter in writing of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “no count” and shall be preserved with other voted ballots as provided by HMC 3.33.035. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.060)
3.33.065 Counting of early ballots.
A. The Clerk shall deliver all early ballots to the Canvass Board for review as determined by the Clerk. The tabulation of early ballots may not begin until the Canvass Board has identified and segregated ballots voted early by voters who also cast ballots in another manner in the election.
B. Early ballot envelopes shall be reviewed by the Canvass Board who shall determine whether the voter is qualified to vote at the election and whether the ballot has been properly cast. An early ballot shall be counted despite failure of the early voting official to properly sign and date the voter’s certificate as attesting official. If the voter is qualified and the ballot has been properly cast, the early envelope shall be opened and the secrecy sleeves shall be mixed with other secrecy sleeves for counting. The ballots shall be removed from the secrecy sleeves and shall be mixed with the other ballots for counting.
C. If an early voter is found to be unqualified, or the voter’s ballot has not been properly cast, the Clerk shall notify the voter in writing of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “no count” and shall be preserved and destroyed as provided in HMC 3.33.035. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.065)
3.33.070 Counting special needs ballots.
A. The Clerk shall deliver all special needs ballots to the Canvass Board for review at the time and in the manner determined by the Clerk. The tabulation of special needs ballots may not begin until the Canvass Board has identified and segregated all those special needs ballots cast by voters who also cast ballots in another manner in the election.
B. A special needs ballot shall be counted despite failure of an election official to properly sign and date the voter’s certificate as attesting official.
C. If a special needs voter is qualified and the ballot has been properly cast, the ballot envelope shall be opened and the secrecy sleeve shall be mixed with other secrecy sleeves. The ballots shall be removed from the secrecy sleeves and shall be mixed with other ballots for counting.
D. If a special needs voter is not qualified, or the voter’s ballot has not been properly cast, the Clerk shall notify the voter in writing of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “no count” and shall be preserved and destroyed as provided in HMC 3.33.035. (Ord. 16-21(S) § 10, 2016)
3.33.075 Counting and canvass of returns – Certificate of election.
A. No later than the first Tuesday following each election, the Canvass Board shall meet and shall:
1. In full view of those present, judge the validity of absentee by mail, early, special needs and questioned ballots, open and tally accepted ballots, and compile the total votes cast in the election;
2. Review the precinct’s certificates or tapes of results for accuracy;
3. Correct all obvious errors;
4. Recommend a recount of the results of the precinct for that portion of the returns where a mistake has been made which cannot be corrected under subsection (A)(3) of this section;
5. Report any irregularities in the election or discrepancies in the count of the ballots in its report to the City Council;
6. Certify the validity of all votes counted; and
7. Sign a certification of the results of the count.
B. After receiving the Canvass Board report and as soon as practicable after the counting of the ballots, but not later than the second Tuesday after the election, the City Council shall meet in public session and examine all election returns. The examination may be postponed for cause from day to day, but there shall be no more than three postponements.
C. If the Canvass Board reports irregularities in the election, the City Council shall determine whether the irregularities are so serious as to deny a meaningful vote of the citizens of the City. If the Canvass Board reports a discrepancy in the count of the ballots, the City Council may order a recount of the votes. The City Council may order an investigation of any irregularities or discrepancies. The City Council may exclude votes cast or declare the entire election invalid if necessary to assure a fair election. If the City Council concludes that the election is not valid, it shall order another election. The election shall be conducted promptly as a special election and according to procedures established in this title.
D. Unless the City Council orders an investigation or unless a contest has been previously filed pursuant to HMC 3.37.020, the City Council shall declare the election valid and certify the election results. If the Canvass Board reports a discrepancy or if there is a contest, the City Council shall certify results not in question immediately and shall complete investigation or contest procedures as soon as practicable to assure prompt certification.
E. The City Council resolution certifying the election results shall be accompanied with the following information:
1. The total number of poll, absentee by mail, early, questioned and special needs ballots cast in the election;
2. For each office, the number of votes counted for each candidate for that office; and
3. For each proposition or question, the number of votes counted for and against the proposition or question.
F. Upon certification of the election by the City Council, the Clerk shall deliver to each person elected to office a copy of the City Council’s resolution certifying the election. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.33.070)
3.33.080 Determination of tie votes.
A. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the Clerk shall notify the candidates who are tied. The Clerk shall immediately proceed with the recount of votes in the manner provided by Chapter 3.41 HMC.
B. If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the Clerk shall notify such of the tie and notify the candidates of a reasonably suitable time and place to determine the successful candidate by coin toss if two are tied, and by lot if more than two are tied. After coin toss or lot has made the determination, the Clerk shall certify the election winner. (Ord. 07-02 § 2, 2007; Ord. 16-21(S) § 10, 2016. Formerly 3.32.080)