Chapter 2.24 ELECTIONS

For statutory provisions authorizing cities to prescribe the general rules for conducting principal elections, see AS 29.26.010; and regarding notice of elections, see AS 29.26.030.

2.24.010 Registration

(a) The city clerk, or the city clerk’s duly authorized representative, shall obtain from the State of Alaska Division of Elections an official voter registration list which shall be signed by every qualified voter at the polls prior to voting and which shall state the voter’s full name and residence address.

(b) An election official in a precinct shall allow a voter on the official voter registration list to vote in the precinct unless the voter is questioned in accordance with KCC 2.24.165.

(c) If a voter’s name does not appear on the official voter register list in the precinct in which the voter seeks to vote, the election official shall affirmatively advise the voter that the voter may cast a questioned ballot, and the voter shall sign the questioned register and shall be allowed to vote a questioned ballot. [Ord. 1166 §2, 2004; Ord. 1131 §4, 2001; Ord. 756 §3, 1985. CCK §3.3.1]

2.24.020 Time of general election

Annually, on the first Tuesday of October, a general election shall be held in the city for the election of municipal offices which are to become vacant and for the determination of such other matters as may regularly be placed on the ballot. [Ord. 1131 §4, 2001. CCK §3.3.2]

2.24.030 Notice of general election

The city clerk shall have published a notice of election in a newspaper of general circulation in the city once a week for four consecutive weeks preceding the annual general election. The first publication shall occur not less than 30 days prior to the date on which the general election will be held. [Ord. 1131 §4, 2001. CCK §3.3.3]

2.24.040 Special elections

Special elections may be ordered by the council upon appropriate resolution of that body made in accordance with the law. Preclearance shall be obtained from the Department of Justice prior to holding a special election, as required by the federal Voting Rights Act. [Ord. 1131 §4, 2001. CCK §3.3.4]

2.24.050 Contents of notice

Notice of election prescribed by the provisions of this chapter shall state:

(a) The date of election;

(b) The time of opening and closing the polling place;

(d) The qualifications of voters and the manner, time, method, and place of registration;

(e) The manner of nominating candidates if candidates are to be elected;

(f) The type of election, i.e., general or special;

(g) The offices to be filled or propositions to be submitted to the electors. [CCK §3.3.5]

2.24.060 Time for opening and closing polls

(a) On the day of any election, the city clerk shall require each election board to open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls open during the time between these hours.

(b) The election board members shall report to the polling place one-half hour before the polls are to open on election day. [Ord. 756 §4, 1985. CCK §3.3.6]

2.24.070 Appointment of judges and clerks of election

Before each election, the council shall appoint qualified city electors as judges and clerks for each city precinct. If any judge or clerk so appointed fails or refuses to serve or attend at the time and place appointed, the election officers present, with approval of the city clerk, shall choose a qualified elector to serve in the absentee’s place. In addition to qualified electors appointed by the council, students who are at least 16 years of age and are qualified through the Alaska Division of Elections Youth Vote Ambassador Program may be appointed by either the council or the city clerk to serve as election judges in city elections. [Ord. 1405 §1, 2020; Ord. 949 §1, 1993. CCK §3.3.7]

2.24.080 Precincts and polling places

The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for elections. The clerk, or the clerk’s duly authorized representative, shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. Preclearance shall be obtained from the Department of Justice prior to changing the location of any polling place, as required by the federal Voting Rights Act. [Ord. 1131 §4, 2001. CCK §3.3.8]

2.24.090 Oath of election officials

The election workers appointed under KCC 2.24.070 shall take or subscribe to the following oath, which shall be reduced to writing:

I, ____________, will honestly, faithfully, and promptly perform the duties of an election board worker according to law, and will make every effort to prevent the violation of law in conducting the election.

[Ord. 1131 §4, 2001. CCK §3.3.9]

2.24.100 Printing of ballots

At all municipal elections to be hereafter held, the printing and distributing of ballots and instructions to voters shall be paid for by the city, and shall be printed under the direction of the city clerk. [CCK §3.3.10]

2.24.110 Form of ballots

(a) The names of all candidates to be voted for shall be printed on one ballot. Preceding the list of candidates for each office, there shall be placed the words: “Vote for not more than one” or such other number as are to be elected to the office in question, as the case may be. Following the list of candidates for each office, a number of blank lines equal to the number of candidates to be elected to the office shall be provided for write-in candidates. Ballot measures, if any, may be placed on the same ballot as the list of candidates, there being space available. Should there be more candidates and/or ballot measures than can be printed on one ballot, additional ballots shall be printed as needed.

(b) On the back or outside of the ballots, so as to be clearly visible when folded, shall be printed the words: “OFFICIAL BALLOT,” date of the election, and a facsimile signature of the city clerk who has caused them to be printed. The ballots shall be of plain white paper through which printing or writing cannot be read. The names of candidates shall be printed in capital letters, not less than one-eighth of an inch, nor more than one-fourth of an inch in height, and at the end of each line in which the name of a candidate is printed a square shall be printed, the side of which shall not be less than one-fourth of an inch in length. Ballots shall be numbered consecutively. Should there be more candidates and/or measures than can be printed on one ballot, ballots shall be printed in sets with each set numbered consecutively. Candidates’ names shall be arranged alphabetically and their positions rotated in the manner prescribed by state law for state general elections.

(c) In the event punch-card ballots, electronic ballot scanning systems, or other automated election procedures are used, the form defined in subsection (b) of this section shall be ignored and the form specified for state of Alaska election ballots shall be adopted. [Ord. 1166 §3, 2004; Ord. 1076 §2, 1998; Ord. 754 §2, 1985. CCK §3.3.11]

2.24.120 Printing and delivery of ballots

For all elections to which Chapters 2.16 through 2.28 KCC apply, the city clerk, or the city clerk’s duly authorized representative, shall have charge of the printing of the ballots and shall deliver them to the election judges and clerks preceding the opening of the polls on election day. Ballots shall be printed and in the possession of the city clerk, or the city clerk’s duly authorized representative, at least 15 days before the election. At that time, the ballots may be inspected by any candidate whose name is on the ballot and any mistake discovered shall be corrected immediately. [Ord. 1131 §4, 2001; Ord. 827 §4, 1988. CCK §3.3.12]

2.24.130 Instructions for voters and election officials

The city clerk shall publish full instructions for the guidance of voters as to how to obtain the ballots, as to the manner of marking them, and the method of obtaining information, and as to procuring new ballots in place of any destroyed or spoiled, and the city clerk shall cause such instructions to be printed in large clear type on cards, and the clerk shall furnish to the election judges a sufficient number of such cards of instruction to enable the election judges and clerks to comply with the provisions of this chapter. [CCK §3.3.13]

2.24.140 Specimen ballots

The city clerk shall also have printed a number of colored specimen ballots which shall be delivered to the judges and clerks of election. [CCK §3.3.14]

2.24.150 Voting booths

It shall be the duty of the city clerk, or the city clerk’s duly authorized representative, to cause to be erected in the polling place a sufficient number of booths, which shall be supplied with such supplies and conveniences necessary to enable the voter to mark the ballot for voting and in which the voter may prepare the ballot screened from observation. The ballot boxes shall be within plain view of the election officers and voters and persons within the polling place, outside of the booths; each of the booths shall have two sides enclosed. The expense of providing booths and other things required to be furnished by this chapter shall be paid in the same manner as other election expenses. [Ord. 1131 §4, 2001. CCK §3.3.15]

2.24.160 Voting procedure

(a) Before being allowed to vote, any person desiring to vote shall exhibit to an election official identification as required under AS 15.15.225 and sign the poll registration list. The judges shall give the voter one and only one ballot of each type. Upon receipt of the ballot, the voter shall forthwith retire alone to the voting booth provided, and vote the ballot, by marking (or punching, in the case of a punch-card ballot) in the appropriate place opposite the name of the candidate of the person’s choice or by marking (or punching) in the appropriate place opposite the measure reflecting the person’s position; providing, however, that such voter shall not vote for more than the proper number of candidates for each office to be elected thereto. Before leaving the voting booth, the voter shall fold the ballot in such a manner as to show and display the number thereon, except if the ballot be a punch card or optical scan, in which case the ballot is to be placed in the secrecy sleeve provided. The voter shall then tear off the printed ballot number, if provided, and deposit the ballot in the ballot box.

(b) The voter shall mark the ballot without undue delay. No person shall take any ballots from the polling place before the closing of the polls. Any voter who shall, through accident or mistake, mutilate or spoil the ballot given, shall upon returning same to the judges, receive another ballot, up to a maximum of three. Any voter who, by reason of physical disability, is unable to mark the ballot, shall be assisted by a person of the voter’s choice, or upon request, be assisted in marking the ballot by an election judge. No person who assists a voter under this subsection may divulge any information about the voted ballot. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall receive assistance in marking the ballot. [Ord. 1166 §4, 2004; Ord. 1131 §4, 2001; Ord. 754 §3, 1985. CCK §3.3.16]

2.24.165 Questioned votes

(a) Every election official shall question, and any other qualified voter may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified under AS 29.26.050(a). All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person shall, before voting, subscribe to a declaration in a form provided by the city clerk attesting to the fact that in each particular, 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. After the questioned person has executed the declaration, the person may vote. If the questioned person refuses to execute the declaration, the person may not vote.

(b) A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. When the ballot box is opened, the envelopes shall be segregated, counted, compared to the voting list, and delivered to the city clerk, who will deliver the questioned ballots to the canvass board. The merits of the question shall be determined by the canvass board in accordance with the procedure prescribed for questioned votes in KCC 2.28.010. [Ord. 1166 §5, 2004]

2.24.170 Defective or challenged ballots

If the voter marks more than the proper number of candidates for any office, or if, for any reason, it is impossible to tell the voter’s choice for any office to be filled, the ballot shall not be counted for such office. No ballot without the official number thereon shall be permitted to be deposited in the ballot box, and none but ballots complying with the provisions of this chapter shall be counted. Ballots not counted shall be marked “Defective” on the back thereof and signed by the judges, stating why the ballot was not counted, and all defective ballots shall be enclosed in an envelope and so marked as to distinguish the contents. All ballots not voted, and all ballots spoiled by voters, shall be returned by the election judges to the city clerk, or the city clerk’s duly authorized representative, and they shall be kept for one year. [Ord. 1131 §4, 2001. CCK §3.3.17]

2.24.180 Rules for rejecting ambiguous ballots

No ballot shall be rejected if the judges can determine from an inspection of the ballot whom the voter intended to vote for and the office designated. [Ord. 1131 §4, 2001. CCK §3.3.18]

2.24.190 Counting ballots

As soon as the poll is finally closed, the judges shall open the boxes containing the ballots cast, remove the ballots, open them, and read aloud the name of each person for whom a vote is cast. When the same have been counted and the results ascertained, the number of ballots shall be checked against the number of names in the poll registration book. In no case shall a ballot box be removed from the room in which any election shall be held, until all the ballots have been finally counted. [CCK §3.3.19]

2.24.200 Tally

The judges shall write down each office to be filled, and the name of each person to be voted for, for such office; and they shall keep the number of votes by tallies as they are read aloud. The counting of votes shall be continued without interruption or adjournment until all are counted. [CCK §3.3.20]

2.24.210 Preservation of ballots

It shall be the duty of the judges after all the ballots have been counted to place them in a sealed envelope, to write thereon: “Ballots of the Municipal Election of the City of Kodiak, held this ________ day of _____________, 20__” and to deliver the sealed envelope to the city clerk, who shall keep the envelope unopened for one year, to be used only as evidence in case of contest when called for; and at the end of which time it shall be the duty of the city clerk to burn the ballots and make and keep a memorandum in writing of these facts. [Ord. 424 §3, 1974. CCK §3.3.21]

2.24.220 Certificate of judges and clerks

As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the tallies, or attached thereto, stating the number of votes each person voted for has received and designating the office for which the candidate was voted. This certificate shall be signed by the election judges and clerks, and the certificate, with the tallies or tally papers, oath of judges, and other papers shall be sealed in an envelope by the judges and endorsed “election returns” and be delivered to the city clerk, together with the poll registration list. [Ord. 378 §2, 1972. CCK §3.3.22]

2.24.225 Counting of ballots by computer

Notwithstanding the provisions of KCC 2.24.160 through 2.24.220, ballots designed for counting by automated equipment approved or provided by the state of Alaska shall be counted, tallied, preserved, and certified under the direction of the city clerk who shall observe the procedures outlined in Alaska Statutes for the counting of such ballots, in all pertinent aspects. [Ord. 1131 §4, 2001; Ord. 1076 §3, 1998; Ord. 754 §4, 1985]

2.24.230 Election materials

It shall be the duty of the city clerk, or the city clerk’s duly authorized representative, to pick up all election materials (e.g., ballots, tallies, certificates, etc.) from the election judges and clerks immediately following the conclusion of their duties. [CCK §3.3.23]

2.24.250 Elections—emergency plan

(a) It is the policy of the city to encourage and assist voters in the exercise of their right to vote. Certain unforeseeable situations, whether through natural disaster or human error or other similar events, could severely impede the timely and efficient conduct of an election. This chapter is intended to empower the clerk to take necessary actions to enfranchise voters and protect the election results.

(b) “Emergency” means an event of such a nature that a significant number of people will not have the opportunity to vote on the day of the election if the clerk does not take immediate action and an effort to enact and implement an emergency ordinance by the city council under Kodiak City Charter Section II-14 is not practical given the totality of the circumstances.

(c) In an emergency, the clerk is authorized to take action to preserve the integrity of the election, while at the same time allowing people to vote who might otherwise not get an opportunity.

(d) Actions authorized under this chapter may include but are not limited to:

(1) Requesting expedited relief from a court of competent jurisdiction;

(2) Keeping all or some polling locations open longer than otherwise allowed by code;

(3) Closing all or some polling locations for a limited time regardless of the requirement of this title, while providing eligible voters other opportunities to vote;

(4) Accepting applications to vote by absentee ballot electronically or for some special needs voting, after the deadlines in this title but before the close of the election;

(5) Moving polling locations, or establishing a central voting location and ballot drop boxes; and

(6) Accepting votes on alternate ballots (unofficial ballots) upon verifying that there is a shortage of ballots at a voting location.

(e) The clerk shall take steps to maintain a record of the action taken and, if possible, adequately segregate votes cast in accordance with the acts taken by the clerk under this section, so that a court may rule on action taken and accurately add or subtract votes as may be necessary.

(f) The clerk shall provide reasonable advance public notice of changes to matters governed by other sections of this title. This includes the notice of election, polling locations, and absentee voting.

(g) If weather, road conditions, or other unforeseen situations prevent election officials from delivering election materials or ballots to or from the polling locations, or other accessible vote centers, or the designated return location, the clerk may cause the delivery to be made by a city peace officer or other city official. [Ord. 1404 §1, 2020]