Chapter 2.28
ELECTIONS—RETURNS
Sections
2.28.015 Certificate of the election
2.28.030 Investigation of contest
2.28.050 Prohibited practices discovered
2.28.070 Certificate of election
For charter provisions regarding canvassing returns, see City Charter Section X-10.
2.28.010 Canvass
(a) Before each election, the council shall appoint at least three persons who shall constitute the election canvass board for that election. All members of the election canvass board shall appear before the city clerk and shall take or subscribe to the oath in KCC 2.24.090, which shall be reduced to writing and filed with the city clerk.
(b) When the period for receipt of absentee ballots has expired, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements.
(c) The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct’s certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the council as having been corrected. In the event election day ballots are counted by computer, the election canvass board shall review the computer count and compare it to the tallies from the election night hand count team. Any discrepancy between the totals shall be corrected in the canvass board certificate of election returns and reported to the council as having been corrected.
(d) The election canvass board shall judge the validity of absentee, special needs, and questioned ballots; shall open and tally those accepted; and shall compile the total votes cast in the election according to the following procedure. No ballot shall be counted if the voter has failed to provide all of the information required in the voter’s certificate, properly execute the oath and affidavit or enclose the marked ballot inside the secrecy sleeve provided, or if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, except that an absentee ballot cast in person and accepted by an absentee voting official may be counted despite failure of the absentee voting official to properly sign and date the voter’s certificate as attesting official. The clerk or a member of the election canvass board may challenge the qualifications of an absentee or special needs voter when read from the voter’s certificate on the back of the large envelope, if there is good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election.
(e) Upon completion of the canvass, the canvassing board shall prepare a certificate of the results of votes cast by absentee and questioned voters and by regular ballot, and shall prepare and submit a written report of said result to the council. [Ord. 1166 §6, 2004; Ord. 1147 §1, 2002; Ord. 1131 §5, 2001; Ord. 1118, 2000; Ord. 1076 §4, 1998; Ord. 949 §2, 1993; Ord. 626 §1, 1981]
2.28.015 Certificate of the election
At the next regular council meeting following completion of the canvass, the council shall receive the report of the canvass board. If, after considering said report, the council determines that the election was validly held, and if no contest be initiated under the provisions of this chapter, or if such contest be held and determined, the election shall be certified and entered upon the records of the minutes of such meeting. The record thereof shall show:
(a) The number of votes cast in such election;
(b) The names of the persons voted for and the propositions voted upon at such election;
(c) The offices voted for;
(d) The number of votes cast for each candidate and for and against each ballot measure voted upon at such election. [Ord. 949 §3, 1993]
2.28.020 Contests
Notice of contest of an election shall be submitted in writing to the clerk before 5:00 p.m. on the day of the certification of the election or to the council at its meeting to certify the election. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:
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NOTICE OF ELECTION CONTEST |
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The undersigned believes that the following prohibited practices occurred at the election held on ________. The undersigned states that the following persons violated ________ in the manner following: |
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__________________________ |
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(Signature of person contesting) |
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Subscribed and sworn to before me this _____ day of _________, ______ |
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_______________________ |
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Notary Public for Alaska |
[Ord. 1131 §6, 2001; Ord. 756 §5, 1985. CCK §3.5.2]
2.28.030 Investigation of contest
Upon receiving such notice of contest, the council shall order an investigation to be made by the city clerk, city manager, and/or city attorney. The contestant, the person or persons whose election is contested, and the public shall be allowed to attend all investigation proceedings which shall be conducted publicly. [CCK §3.5.3]
2.28.040 Cost of recount
The contestant shall pay all costs and expenses incurred in any recount of an election demanded by the contestant if the recount fails to reverse any result of the election or the difference between the winning and losing vote on the result contested is more than two percent. [Ord. 695 §9, 1983. CCK §3.5.4]
2.28.050 Prohibited practices discovered
If, as a result of the investigation, the charges alleged by the contestant are sustained, the votes cast involving prohibited practices shall be struck from the election returns and a recount made without counting such illegal votes. The results of such recount shall be reported forthwith to the council. [CCK §3.5.5]
2.28.070 Certificate of election
The council shall authorize the city clerk to make out and deliver to every person receiving a plurality of votes, a certificate of election, signed by the city clerk and mayor, and authenticated by the corporate seal of the city. [Ord. 378 §4, 1972. CCK §3.5.7]
2.28.080 Oath and affirmation
All officers elected, before entering on the duties of office, shall take and subscribe the following oath and affirmation:
I,_________, do solemnly swear (or affirm) that I will support the Constitution and laws of the United States, the laws of the state of Alaska, the ordinances of the City of Kodiak, and that I will faithfully and honestly perform the duties of _______, so help me God.
[CCK §3.5.8]