ARTICLE X
ELECTIONS
Section
X-2 Three-year terms—elections at large—nonpartisan elections
X-5 Filling vacancies at elections
X-6 Council to be judge of election and qualifications of its members
X-8 Political activity of officers and employees
X-9 Calling special elections—questions submitted at elections—notice
X-10 Canvassing returns—certificates of election
X-11 Laws to govern election—when
X-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 councilmembers. Such election shall be held on the first Tuesday in October every year.
X-2 Three-year terms—elections at large—nonpartisan elections
The mayor and councilmembers shall be elected for terms of two and three years, respectively, and shall serve thereafter until their respective successors are elected and qualify; provided that, if fewer councilmembers are elected and qualify in any year than 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 councilmembers whose terms are about to expire shall continue to serve.
The term of office of mayor or councilmember begins the first Monday following the certification of the election and upon taking the oath of office. If the mayor-elect or a councilmember-elect fails to qualify within one month after the beginning of the term, the candidate’s election shall be void.
The mayor and councilmembers 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. [Res. 12-10; election held October 2, 2012; passage ratified October 11, 2012; Res. 07-08; election held October 2, 2007; passage ratified October 25, 2007]
X-3 Filing
The name of any qualified person may be placed on the ballot for the election as a candidate for mayor or councilmember by filing a petition with the city clerk signed by at least ten qualified voters of the city of Kodiak and a sworn statement of the person’s candidacy, within the time prescribed by ordinance but not less than thirty days before the election. The petition may have been circulated and filed by the candidate or by one or more qualified voters other than the candidate. [Res. 10-05, February 25, 2010; election held October 28, 2011; Res. 14-73, August 23, 1973; election held October 2, 1973; passage ratified October 8, 1973]
X-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 instructions “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 councilmember, 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.
X-5 Filling vacancies at elections
When a mayor and/or councilmember or councilmembers are being elected to fill a vacancy or vacancies for the unexpired term or terms, the provisions of this article shall apply as in the election of a mayor and councilmembers for regular terms insofar as applicable. The phrase “for one-year terms,” “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.
X-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.
X-7 Qualified voter defined
A person may vote in a city election only if the person is qualified to vote in State elections, has been a resident of the city for 30 days immediately preceding the election, and is registered to vote in State elections at a residence address within the city at least 30 days before the election. [Res. 07-09; election held October 2, 2007; passage ratified October 25, 2007]
X-8 Political activity of officers and employees
No officer of the City except the mayor or councilmembers may work for or against, or attempt to influence the election or defeat of any candidate for mayor or councilmember or the recall of the mayor or any councilmember; provided, that this shall not prohibit the ordinary exercise of one’s right to express 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, the person shall be automatically removed by said conviction of violating this section.
X-9 Calling special elections—questions submitted at elections—notice
The council, by resolution or ordinance, may call or may authorize the mayor 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.
X-10 Canvassing returns—certificate 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.
X-11 Laws to govern election—when
The provisions of law applicable to city elections shall govern elections of the City insofar as they are applicable and are not superseded by this charter or by ordinance.