ARTICLE X.
ELECTIONS

Section 10-1 Annual Elections – Time

There shall be no primary election, but only a general election, herein also called regular election, for the election of the mayor and councilmen. Such election shall be held on the first Tuesday in October every year.

Section 10-2 Three-Year Terms – Election at Large – Nonpartisan Elections

At the regular election in 1960, two councilmen shall be elected; and at the regular election in 1963, and each three years thereafter, three councilmen shall be elected. At the regular election in 1961, and each three years thereafter, a mayor and two councilmen shall be elected. At the regular election in 1962, and each three years thereafter, two councilmen shall be elected.

The mayor and councilmen shall be elected for terms of three years, and shall serve thereafter until their respective successors are elected and qualify; provided, that if fewer councilmen are elected and qualify in any year then provided for in this section (because of failure of other candidates to file or for other cause), then lots shall be cast in a meeting of the council and under its direction to determine which of the councilmen whose terms are about to expire shall continue to serve.

The terms of office of the mayor and councilmen shall begin no later than the second Monday after their election.

The mayor and councilmen shall be elected at large, by the qualified voters of the entire city, by secret ballot. The election shall be nonpartisan, and no party designation or emblem shall be placed on the ballot. (Amended Res. 2784, approved by voters October 6, 2020)

Section 10-3 Filing

Any qualified person may have his or her name placed on the ballot for the election as a candidate for mayor or councilperson by filing a petition with the city clerk, signed by at least 10 qualified voters of the city and a sworn statement of his or her candidacy, during the filing period August 1 through August 25, at 5:00 p.m. prior to the next regular election. Should August 25 be a Saturday or a Sunday, then candidates shall have until noon on the first Monday following to file their petition. Notwithstanding any other provision in this charter, no person shall be eligible to serve more than three (3) terms consecutively as a councilmember or more than three (3) terms consecutively as mayor. Election to serve the unexpired portion of a term shall be considered a full term for purposes of such limitations, however, the period served after appointment to a vacancy prior to an election to fill such vacancy shall not be considered a term for purposes of the limitations provided in this section. If an office is to be filled for an unexpired term at a special election, nominating petitions shall be provided by the city clerk not later than 60 days prior to the special election and must be filed not later than 30 days before the special election. The petition may have been circulated and filed by the candidate or by one or more qualified voters other than the candidate. (Amended Ord. 1948, approved by voters Oct. 4, 2022; Amended Res. 2394, approved by voters Oct. 4, 2011; Amended Res. 1934, approved by voters Oct. 5, 1999; Amended Res. 1631 and Res. 1633, approved by voters Oct. 2, 1990; Ord. 783, 1973)

Section 10-4 Voting – Who Elected

Every qualified voter of the city shall be entitled to vote for one candidate for each office to be filled at an election. On the ballots between the title of the office and the names of the candidates, shall be placed the instruction “Vote for...(one, two, three)”, as the case may be. A voter may also write in the name of, and vote for, a person whose name does not appear on the ballot. The candidate for mayor receiving the greatest number of votes shall be elected. The two or three candidates for councilman, depending on the number to be elected, receiving the greatest number of votes shall be elected. In case of a tie, the election shall be determined fairly by lot from among the candidates tying, in a meeting of the council and under its direction.

Section 10-5 Filling Vacancies at Elections

When a mayor and/or councilman or councilmen are being elected to fill a vacancy or vacancies for the unexpired term or terms, the provisions of this charter shall apply as in the election of a mayor and councilmen for regular terms, insofar as applicable. The phrase “for one-year term”, “for two-year term”, and/or “for regular three-year term”, as the case may be, shall be placed after the titles of the offices on the ballots as necessary to identify the places on the council being filled at such election.

Section 10-6 Council to Be Judge of Election and Qualifications of Its Members

The council shall be the judge of the election and qualifications of its own members and the mayor, subject to judicial review as may be provided by law.

Section 10-7 Qualified Voter Defined

Every qualified voter as defined in Article V of the Alaska Constitution, who resides within this city, shall be entitled to vote in any election and on any city question thereat; provided that such qualified voter must also possess any other qualifications prescribed by or in accordance with law or ordinance for voting on bond issues before he shall be entitled to vote on bond issues.

Section 10-8 Political Activity of Officers and Employees

No officer or employee of the city except the mayor and councilmen may work for or against, or attempt to influence, the election or defeat of any candidate for mayor or councilman, or the recall of the mayor or any councilman; provided that this shall not prohibit the ordinary exercise of one’s right to express his opinions and to vote. Any person who violates this section, shall be punished, upon conviction thereof, by a fine not exceeding fifty dollars and costs. Such violation shall constitute cause for removal from office or employment; and if the regular removal authority has not already removed a person who violates this section, he shall be automatically removed by the said conviction of violating this section.

Section 10-9 Calling Special Elections – Questions Submitted at Elections – Notice

The council, by resolution or ordinance, may call, or may authorize the mayor by proclamation to call, special elections and submit questions thereat. In the same manner, other questions may be submitted to the voters at a special election or at a regular election. Questions may also be submitted at elections as provided in other sections of this charter. The city clerk shall publish in full every charter amendment and every ordinance and every other question which is to be submitted to the voters at an election for approval or enactment, except a referred ordinance which was published in full after passage, not more than six weeks and at least three weeks before the election at which it is to be submitted.

Section 10-10 Canvassing Returns – Certificates of Election

The council shall canvass the returns of all city elections, regular and special, and shall ascertain and declare the results thereof; provided that the council may delegate this function to a board created by ordinance. The city clerk shall promptly prepare, sign and issue certificates of election, sealed with the seal of the city, to all persons elected to office.

Section 10-11 Laws to Govern Elections When

The provisions of law applicable to city elections, shall govern elections of this city insofar as they are applicable, and are not superseded by this charter or by ordinance.