CHAPTER 25.05: GENERAL PROVISIONS
Section
25.05.020 Incorporation of state and federal laws
25.05.025 Powers/duties of the clerk
25.05.045 Runoff elections [Repealed]
25.05.050 Creating and declaring vacancies in office [Repealed]
25.05.060 Initiative, referendum, and recall
25.05.067 Propositions and questions
25.05.070 Nonpartisan requirement
25.05.080 Sale of liquor on election day
25.05.090 Prohibition on use of public moneys to promote passage of ballot propositions
25.05.100 Simple majority elections
25.05.120 Informational brochures for elections
25.05.010 DEFINITIONS.
(A) In this title, unless the context otherwise requires:
• “Ballot type” refers to ballots being categorized by the various areawide and non-areawide candidates and propositions. Each group or type of ballot is identified by an identifying symbol.
• “Day of the certification of the election” means the date the assembly is scheduled to certify the entirety of the election results or 14 days after the date of election, whichever is earlier.
• “Election” includes any regular or special borough election.
• “Election official” includes election officials at the polls, early voting officials, absentee voting officials, canvass board, review board, counting teams, receiving teams, the clerk, and the clerk’s office staff.
• “Immediate family” means a candidate’s grandparents, parents, children, grandchildren, siblings, spouse, spouse’s children, spouses of children, or a regular member of the candidate’s household.
• “Oath” means any form of attestation by which a person signifies the person is bound in conscience to perform and act faithfully and truthfully. Oath includes affirmation.
• “Precinct” means the territory within which resident voters may cast votes at one polling place.
• “Proposition” means an initiative, referendum, recall, or other issue submitted to the public at an election.
• “Qualified voter” means any voter who has the qualifications required by this chapter and is not disqualified under Article V of the Alaska State Constitution.
• “Questioned voter” means a voter:
(a) whose name does not appear on the register in the precinct where the voter attempts to vote or in the official register at an early voting location;
(b) who has received an absentee ballot and does not turn it in when voting at the voter’s precinct on election day;
(c) who does not bear identification or is not personally known to an election official though the voter’s name appears on the precinct register; or
(d) who is questioned for good cause at the polls in writing pursuant to MSB 25.30.070.
• “Registration” or “registered” refers to the form of registration required by the state election code. For borough elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 calendar days prior to the borough election.
• “Regular ballot” means a ballot voted at the polls which is not a questioned or an absentee ballot.
• “Regular election” means the borough election held on the first Tuesday following the first Monday in November annually, as required, unless a different date or interval of years is provided by ordinance.
• “Signature” or “subscription” includes a mark intended as a signature or subscription.
• “Special election” means any election held at a time other than when a regular election is held.
• “Swear” includes “affirm.”
• “Voter” means a person who votes a ballot either in person or by mail.
(Ord. 19-045, § 3, 2019; Ord. 16-064, § 2, 2016; Ord. 02-067, § 2, 2002; Ord. 01-019, § 2, 2001; Ord. 99-081, § 2, 1999; Ord. 97-079, § 2, 1997; Ord. 97-025, §§ 2, 3, 1997; Ord. 95-020, § 3, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.05.020 INCORPORATION OF STATE AND FEDERAL LAWS.
All provisions of the United States Constitution, the Alaska State Constitution, and the laws enacted pursuant to these constitutions affecting borough elections are incorporated in this chapter as if fully set out in this chapter.
(Ord. 94-040AM1, § 3 (part), 1994)
25.05.025 POWERS/DUTIES OF THE CLERK.
(A) The clerk shall administer all municipal elections and shall determine whether candidates for municipal office are qualified in accordance with this title.
(Ord. 12-053, § 2, 2012: Ord. 99-081, § 3, 1999)
25.05.030 REGULAR ELECTION.
(A) The date of the regular election shall be annually on the first Tuesday following the first Monday in November.
(B) The assembly may provide for different dates for regular election by ordinance.
(Ord. 18-089, § 2, 2018; Ord. 94-040AM1, § 3 (part), 1994)
25.05.040 SPECIAL ELECTION.
The assembly may call a special election at any time at least 75 calendar days prior to the date of the election. Notice of the special election shall be made in accordance with MSB 25.20.020.
(Ord. 97-025, § 4, 1997; Ord. 95-020, § 4, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.05.045 Runoff Elections. [Repealed by Ord. 19-045, § 6, 2019]
25.05.050 Creating and Declaring Vacancies in Office. [Repealed by Ord. 97-040, § 4, 1997]
25.05.060 INITIATIVE, REFERENDUM, AND RECALL.
(A) The powers of initiative and referendum reserved by the state constitution to the people of the state are also reserved to the people of the Matanuska-Susitna Borough as provided by state law.
(B) Any elected official of the organized borough may be recalled as provided by state law.
(C) A decision by the clerk on an application for petition is subject to judicial review in the manner provided by law for reviewing the final action of an administrative agency.
(Ord. 07-032, § 2, 2007; Ord. 94-040AM1, § 3 (part), 1994)
25.05.065 BONDED INDEBTEDNESS.
(A) Only qualified voters may vote on a question of incurring bonded indebtedness by the borough. If the debt to be incurred is to be an areawide debt, the vote shall be areawide. If the debt to be incurred is to be limited to the area outside cities only, the vote shall be limited to the qualified voters who reside in the area outside cities.
(B) Notice of bonded indebtedness shall be given consistent with the provisions of MSB 25.20.020(C) and A.S. 29.47.190.
(Ord. 95-020, § 9, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.05.067 PROPOSITIONS AND QUESTIONS.
(A) An ordinance placing propositions and questions before the voters must be adopted not later than 67 calendar days before a regular or special election.
(Ord. 19-045, § 4, 2019: Ord. 16-064, § 3, 2016: Ord. 96-014AM, § 11, 1996)
25.05.070 NONPARTISAN REQUIREMENT.
Subject to the provisions of MSB 25.15.015, all borough elections shall be nonpartisan. A qualified voter may cast a vote for any candidate without limitations based on the political party or political group affiliation of either the voter or the candidate.
(Ord. 24-010, § 2, 2024; Ord. 94-040AM1, § 3 (part), 1994)
25.05.080 SALE OF LIQUOR ON ELECTION DAY.
In accordance with A.S. 04.16.070(b), the provisions of A.S. 04.16.070(a) do not apply in the borough, and intoxicating liquor may be given, sold, bartered, consumed or dispensed in a licensed premises on election day.
(Ord. 95-020, § 10, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.05.090 PROHIBITION ON USE OF PUBLIC MONEYS TO PROMOTE PASSAGE OF BALLOT PROPOSITIONS.
(A) The use of public moneys, or facilities, equipment or supplies purchased with public moneys, and services of public employees in kind, to promote the passage of ballot propositions including public expenditures, appropriations or bond issues is prohibited.
(B) The term “promote” means an attempt to influence, whether affirmatively or negatively, the vote of the people upon ballot propositions or bond issues. The term “promote” does not encompass the following and similar activities:
(1) the publication, circulation or mailing of informational items or legal notices pertaining to proposed bond issues or ballot propositions, so long as any literature distributed to the public, or to news media, fairly and fully presents information needed by the public to make an informed vote upon any ballot propositions or bond issue;
(2) the participation by borough general government or school district personnel in public discussions, or interviews with news media, relating to proposed ballot propositions or bond issues;
(3) the borough administration may prepare and disseminate an informational brochure regarding propositions or bond issues placed on the ballot by the borough assembly which accords equal presentation of facts supporting and opposing the proposition or bond issue.
(C) Borough-owned schools, buildings, and other facilities may be utilized for public meetings, discussions, and other assemblies by private groups supporting or opposing any ballot proposition or bond issue. General government and school district employees may arrange for public meetings and assemblies where the advantages and disadvantages of a proposed ballot proposition or bond issue are fairly presented by opponents and proponents of the item.
(D) No posters, fliers or other printed material advocating or opposing a ballot proposition or bond issue may be displayed in any borough-owned or controlled building or facility except in a single area of general public access designated by the building supervisor. Both proponents and opponents of the ballot item shall be accorded equal access to the space.
(E) The constitutional rights of public employees to express their personal views on proposed bond issues and ballot propositions during public meetings or in interviews with news media shall not be abridged by this title. However, any employee expressing personal views shall clearly state that the statements reflect personal or professional beliefs only and do not represent the position of the borough or the school district.
(Ord. 94-040AM1, § 3 (part), 1994)
25.05.100 SIMPLE MAJORITY ELECTIONS.
(A) Each borough office shall be filled by the candidate receiving the greatest number of votes.
(1) [Repealed by Ord. 19-045, § 7, 2019]
(Ord. 19-045, § 7, 2019: Ord. 02-067, § 3, 2002; Ord. 01-097 § 2, 2001; Ord. 97-079, § 3, 1997; Ord. 94-040AM1, § 3 (part), 1994)
25.05.110 SEVERABILITY.
Should any provision of this election code, or its application to any person or set of circumstances, be held invalid, the remainder of its provisions shall not be affected.
(Ord. 94-040AM1, § 3 (part), 1994)
25.05.120 INFORMATIONAL BROCHURES FOR ELECTIONS.
(A) Not later than 20 calendar days prior to each regular or 15 calendar days prior to a special election, the clerk shall prepare and mail one election brochure per registered voter household containing information approved by the assembly pertaining to each proposition on the ballot, candidate information to include candidate’s name, year of birth, Alaska residency, and a 100-word or less position statement by the candidate, sample ballots, and other general voting information.
(B) Statements advocating voter approval (pro) or rejection (con) of initiatives, referendums, or propositions approved by the assembly:
(1) Pro and con statements for each proposition may be included in the election brochure if submitted. Only one pro statement and one con statement will be printed in the election brochure per proposition. Should only one statement be submitted on a particular proposition, whether it is a pro or con statement, no statements shall be placed in the election brochure for that proposition.
(2) The deadline for submitting a pro or con statement is seven days following the proposition adoption deadline for a regular or special election.
(3) A statement may not exceed 250 words. Articles such as “a,” “an,” and “the” will be counted as a word. Numbers written in numerical form will be counted as a single word.
(4) The clerk shall offer authorship of the statement advocating voter approval of an initiative or referendum in the following order and to the extent that more than one person or organization meets the criteria for authorship preference shall also be given in the following order:
(a) to the primary contact person of the initiative or referendum;
(b) to an APOC-registered person or organization with the identified purpose of supporting or rejecting an initiative, referendum, or proposition.
(5) A statement submitted under this section must include the signature of the author(s) located at the bottom of the statement. There shall not be more than three authors’ signatures. Any signers more than the allotted three will be considered endorsements and included in the text of the statement and count against the 250-word limit. Signers must include the signers’ full names and organizations, if any.
(6) The clerk will not release statements until all statements regarding the question have been received in final form and have gone to the printer.
(7) Statements must be accepted by the clerk in order to be published.
(8) The clerk will add a disclaimer to each statement noting the information is the opinion of the author(s) and has been reproduced as submitted, without any changes to grammar, spelling, or punctuation.
(9) The presentation of the pro and con statements shall be in the following order in the election brochure: text of the ballot language, statement advocating voter approval, statement advocating voter rejection.
(Ord. 19-045, § 5, 2019; Ord. 16-064, § 4, 2016: Ord. 11-056, § 4, 2011: Ord. 03-074(AM), § 2, 2003)