Chapter 2.16
ELECTIONS—VOTING REGULATIONS
Sections
2.16.030 Application to city clerk by mail or by electronic transmission
2.16.040 Date for application by mail or by electronic transmission
2.16.070 Provision of absentee ballot in response to application by mail or electronic transmission
2.16.080 Notation of ballot number and date of application
2.16.100 Supplies for election—duty of city clerk—official services free
2.16.110 Preparation of ballots, envelopes, and other material
2.16.120 Absentee ballot received by mail—voting at clerk’s office
2.16.130 Absentee voting by mail
2.16.140 Time for receipt by city clerk of mailed absentee ballots
For statutory provisions regarding voter qualifications, see AS 29.26.050; for charter provisions concerning voting regulations, see City Charter Sections X-4 and X-7.
2.16.010 Qualified voters
A person may vote in a city election only if the person:
(a) Is qualified to vote in state elections under AS 15.05.010;
(b) Has been a resident of the city for 30 days immediately preceding the election;
(c) Is registered to vote in state elections at a residence address within the city at least 30 days before the city election at which the person seeks to vote;
(d) Is not disqualified under Article V, Section 2 of the state Constitution. [Ord. 1131 §1, 2001; Ord. 424 §2, 1974; Ord. 378 §1, 1972. CCK §3.1.1]
2.16.020 Absentee voting
Any qualified voter may vote an absentee ballot for any reason. [Ord. 1131 §1, 2001. CCK §3.4.1]
2.16.030 Application to city clerk by mail or by electronic transmission
A qualified voter may apply by mail or by electronic transmission for an absentee ballot to the city clerk. The application shall include the applicant’s name and signature, present mailing address, and full local Kodiak resident address. [Ord. 1131 §1, 2001. CCK §3.4.1]
2.16.040 Date for application by mail or by electronic transmission
An application submitted by mail or by electronic transmission must be received in the city clerk’s office not more than six months before the election and not less than seven days before the election. [Ord. 1131 §1, 2001; Ord. 1060 §3, 1998; Ord. 827 §1, 1988; Ord. 756 §1, 1985. CCK §3.4.1]
2.16.050 Date for application in person
Repealed by Ord. 1419. [Ord. 1131 §1, 2001; Ord. 827 §2, 1988; Ord. 808 §1, 1986. CCK §3.4.1]
2.16.060 Absentee voting in person
Repealed by Ord. 1419. [Ord. 1131 §1, 2001; Ord. 1020 §1, 1996. CCK §3.4.1]
2.16.065 Special needs voting
(a) A qualified voter who is unable to go to a polling place to vote because of a disability may vote a special needs ballot.
(b) The voter may, through a representative, request a special needs ballot from the city clerk, or the city clerk’s duly authorized representative, on any date after the ballots are prepared and available, up to and including election day.
(c) If the request for a special needs ballot is made through a representative, the representative shall sign a register provided by the city clerk or the city clerk’s duly authorized representative. The register must include the following information:
(1) The representative’s name;
(2) The representative’s residence and mailing address;
(3) The representative’s social security number, voter number, or date of birth;
(4) The name of the voter on whose behalf the representative is requesting a ballot and voting materials;
(5) An oath that the representative:
(A) Is receiving a ballot and voting materials on behalf of the voter;
(B) Will not vote the ballot for the voter;
(C) Will not coerce the voter;
(D) Will not divulge the vote cast by the voter;
(E) Has been notified that unlawful interference with voting is punishable under AS 15.56.030;
(6) The representative’s signature.
(d) 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 the secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the presence of the representative. The representative shall sign as attesting official and date the voter’s signature.
(e) The representative shall deliver the ballot and voter certificate to the city clerk or the city clerk’s duly authorized representative not later than 4:30 p.m. on election day.
(f) If a qualified voter’s disability precludes the voter from performing any of the requirements of subsection (d) of this section, the representative may perform those requirements, except making the voting decision, on the voter’s behalf.
(g) The voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may not act as a representative for the voter. A candidate for office at an election may not act as a representative for a voter in that election. [Ord. 1131 §1, 2001; Ord. 1020 §2, 1996]
2.16.068 Early voting
(a) Early voting shall be made available in the Borough Building and it shall not begin prior to 15 days before a regular or special election. The period for early voting may be extended to up to 21 days before the date of the election by city council resolution.
(b) The city clerk or other election official shall issue a ballot to the voter upon:
(1) Exhibition of proof of identification as required in KCC 2.24.160(a);
(2) Verification that the voter is on the official voter registration list with a residence address within the city; and
(3) The voter’s signing of the poll registration list.
(c) After the voter has marked the ballot, the voter shall place the ballot in the secrecy sleeve and inform the city clerk or other election official. The voter shall deposit the ballot in the ballot box in the presence of the city clerk or other election official unless the voter requests the city clerk or other election official to deposit the ballot on the voter’s behalf.
(d) The period for early voting may be extended to up to 21 days before the date of the election by city council resolution. [Ord. 1429 §1, 2022; Ord. 1419 §1, 2021]
2.16.070 Provision of absentee ballot in response to application by mail or electronic transmission
In response to each timely application by mail or electronic transmission for an absentee ballot that contains the information specified in KCC 2.16.030, the city clerk, or the city clerk’s duly authorized representative, shall promptly, upon receiving the printed ballots, mail the official ballot, a secrecy sleeve, and an identification envelope addressed to the city clerk for returning the voted absentee ballot, to the applicant by first class mail. [Ord. 1131 §1, 2001; Ord. 1020 §3, 1996; Ord. 756 §2, 1985; Ord. 378 §3, 1972. CCK §3.4.1]
2.16.080 Notation of ballot number and date of application
Upon delivering or mailing an absent voter’s ballot, the city clerk shall enter on the application of the absent voter, or on the absent voter’s affidavit or registration, the number of and the date of delivering or mailing the ballot. [Ord. 1020 §4, 1996. CCK §3.4.2]
2.16.100 Supplies for election—duty of city clerk—official services free
All supplies mentioned in this chapter that are necessary for the use of the voters in preparing and returning their ballots shall be prepared and furnished by the city clerk, or the city clerk’s duly authorized representative. No official of this city may charge for services rendered to any voter under the provisions of this chapter. [Ord. 1131 §1, 2001. CCK §3.4.4]
2.16.110 Preparation of ballots, envelopes, and other material
The city clerk, or the city clerk’s duly authorized representative, shall provide ballots for use as absentee and special needs ballots, a secrecy sleeve in which the voter shall initially place the marked ballot, and an envelope with the prescribed voter’s certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The city clerk shall prescribe the form of the voter’s certificate, envelopes, and other material used in absentee and special needs voting. The voter’s certificate shall include a declaration, for use when required, that the voter is a qualified voter in all respects, a blank for the voter’s residence address for the 30 days immediately preceding the election, a blank for the voter’s signature, a certification that the affiant properly executed the marking of the ballot and gave the voter’s identity, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed. [Ord. 1166 §1, 2004; Ord. 1131 §1, 2001; Ord. 1020 §6, 1996. CCK §3.4.5]
2.16.120 Absentee ballot received by mail—voting at clerk’s office
A voter who has received an absentee ballot by mail may, on any date prior to the day of the election for which the ballot is to be voted, appear at the office of the city clerk and vote in the following manner:
(a) The voter shall first display the ballot to the city clerk, or the city clerk’s duly authorized representative, as evidence that it is not marked and shall then proceed in the presence of the city clerk to mark the ballot in secret. The voter shall then place the ballot in the secrecy sleeve and place the secrecy sleeve in the envelope provided.
(b) The voter shall then sign the voter’s certificate on the envelope, date the signature, and deliver the envelope properly sealed to the officer before whom the ballot is marked.
(c) The officer shall then accept the ballot envelope and deposit it in a safe place in the office to be kept by the officer and delivered to the canvassing board. [Ord. 1131 §1, 2001. CCK §3.4.6]
2.16.130 Absentee voting by mail
(a) A voter who receives an absentee ballot by mail shall, in the presence of a notary public or other person qualified to administer oaths, mark the ballot in secret, place the ballot in the secrecy sleeve, place the secrecy sleeve in the envelope provided, and sign the voter’s certificate on the back of the envelope. The notary public or other person qualified to administer oaths shall sign as attesting official and shall date the signature. If a notary public or other person qualified to administer oaths is not reasonably accessible to the voter, the voter shall mark the ballot in secret in the presence of two persons over the age of 18 years and such persons shall witness and attest the sealing and signing of the envelope containing the ballot.
(b) An absentee ballot must be marked and attested on or before the date of the election. A voter who returns the ballot by mail shall use a mail service at least equal to first class and mail the ballot not later than the day of the election. If the ballot is postmarked, it must be postmarked on or before election day. After the day of the election, no ballot shall be accepted unless received by mail. [Ord. 1131 §1, 2001; Ord. 1020 §7, 1996. CCK §3.4.7]
2.16.140 Time for receipt by city clerk of mailed absentee ballots
All absentee ballots cast by mail must be received by the city clerk, or the city clerk’s duly authorized representative, no later than 5:00 p.m. on the day that is seven calendar days after the date of the election. Ballot envelopes received after that time shall not be opened but shall be marked “invalid,” with the date of receipt noted thereon, and shall be preserved with the voted ballots. [Ord. 1131 §1, 2001. CCK §3.4.8]