CHAPTER 25.15: CANDIDATES
Section
25.15.010 Candidate qualifications
25.15.015 Declaration of candidacy; mayor, assembly, school board, write-in
25.15.020 Declaration of candidacy; mayor, assembly, school board, write-in [Repealed]
25.15.030 Declarations of candidates; procedure
25.15.035 Determination of eligibility of candidate
25.15.040 Declarations; notice of vacancies in office
25.15.050 Public official financial disclosure statement
25.15.055 Corrections, amendments, and withdrawal of declarations of candidacy
25.15.010 CANDIDATE QUALIFICATIONS.
(A) Any person is eligible for borough office if the person is a qualified voter of the borough and meets state and borough requirements for the office.
(1) Candidates for assembly seats shall reside in the borough and in the assembly district for which they file and meet the requirements of MSB 2.12.030.
(2) Any borough resident is eligible to run for the office of mayor.
(3) Candidates for school board shall reside in the borough and in the school board district for which they file.
(4) Candidates shall provide proof that they are eligible, or shall be eligible by the date of the election, to be recognized as a candidate for any election.
(B) In determining the residence of a candidate for purposes of compliance with borough code, the borough clerk shall apply the rules as per AS 15.25.043 as applicable for the elective office.
(Ord. 16-011, § 5, 2016; Ord. 16-002, § 3, 2016; Ord. 94-040AM1, § 3 (part), 1994)
25.15.015 DECLARATION OF CANDIDACY; MAYOR, ASSEMBLY, SCHOOL BOARD, WRITE-IN.
(A) A candidate for borough office shall file a declaration of candidacy under oath on a form provided by the clerk and a public financial disclosure statement in accordance with MSB 25.15.050.
(B) A declaration of candidacy shall state the following:
(1) the full legal name of the candidate and, if different, the manner in which the candidate wishes their name to appear on the ballot. A substitute first name shall be limited to a familiar form of the candidate’s name or an initial. Should a candidate choose to use a nickname, their legal name will appear on the ballot along with the nickname and the candidate will follow the guidelines in subsection (B)(1)(a) of this section. Honorary or assumed titles and the like are not allowed;
(a) Candidates who would like their nicknames to appear on the ballot will have five registered voters of the borough verify that the candidate is known by that nickname. The nickname will be less than 15 characters. The form that is to be used will be provided by the clerk;
(2) whether the candidate designates a political affiliation as follows:
(a) if a candidate is registered as affiliated with a political party or political group, the candidate may request designation of their affiliation, or may request designation as nonpartisan or undeclared.
(b) if a candidate is not registered as affiliated with a political party or political group, the candidate may request designation as nonpartisan or undeclared;
(c) if a candidate makes no designation of affiliation, the candidate shall be designated as undeclared;
(3) the full residence and mailing addresses of the candidate;
(4) the day and evening telephone number and other contact information of the candidate;
(5) the office for which the candidate declares and the date of the election at which the candidate seeks election;
(6) a statement that the candidate is qualified for the office as provided by law and shall serve if elected;
(7) the date and notarized statement of the candidate;
(8) the candidate shall certify information contained in the declaration of candidacy is true and accurate.
(C) Write-in candidates. Persons filing for elective office as a write-in candidate shall file a declaration of candidacy under this section. Write-in candidates may file only after the official filing period has closed and not later than five days before the election.
(Ord. 24-010, § 3, 2024; Ord. 23-072, § 2, 2023; Ord. 12-053, § 9, 2012)
25.15.020 Declaration of Candidacy; Mayor, Assembly, School Board, Write-In. [Repealed by Ord. 12-053, § 8, 2012]
25.15.030 DECLARATIONS OF CANDIDATES; PROCEDURE.
(A) Packets containing declarations of candidacy shall be available from the clerk’s office no later than the day the filing period opens. The packets shall remain available throughout the filing period. Declarations of candidacy shall be submitted in original form and shall not be submitted by facsimile. All declarations of candidacy in proper form, which are not withdrawn by the candidate, shall be preserved by the clerk and eventually destroyed as provided by the records retention policies promulgated by the clerk. A declaration of candidacy shall be completed and filed with the clerk:
(1) except as provided in subsection (A)(3) of this section, no earlier than 8 a.m., 78 calendar days before a regular election and no later than 5 p.m., 67 calendar days before a regular election; and
(2) no earlier than 8 a.m., 64 calendar days before a special election and no later than 5 p.m., 53 calendar days before a special election.
(3) [Repealed by Ord. 15-012, § 8, 2015]
(B) Persons seeking elective office shall request a declaration of candidacy from the borough clerk for the specific seat which they are seeking. If the person chooses to run for a different seat, a declaration of candidacy for that seat shall be filed with the clerk’s office. A declaration of candidacy for a particular seat may not be substituted for another office or seat.
(C) Within four business days after filing a declaration of candidacy the clerk shall notify the candidate named in the declaration of candidacy as to whether it is in proper form. If not, the clerk shall immediately return the declaration of candidacy to the candidate, with a statement certifying how the declaration of candidacy is deficient.
(D) A non-refundable $25 cash fee shall accompany each declaration of candidacy for the office of mayor, assembly seats, and school board seats to help defray administrative costs of holding the election. If a candidate withdraws a declaration for one seat or office to file for another seat or office, in accordance with MSB 25.15.055, an additional non-refundable $25 cash filing fee shall be collected by the clerk’s office. An application showing proof of indigence may be completed, and submitted to the clerk for approval, by candidates requesting waiver of the filing fee.
(Ord. 15-012, § 8, 2015; Ord. 12-053, § 10, 2012; Ord. 07-032, § 4, 2007; Ord. 03-074(AM), § 3, 2003; Ord. 01-176 (AM), § 5, 2001; Ord. 00-024, § 3, 2000; Ord. 96-014AM, § 3, 1996; Ord. 95-020, §§ 13 and 14, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.15.035 DETERMINATION OF ELIGIBILITY OF CANDIDATE.
(A) The clerk shall determine whether each candidate for municipal office is qualified as provided by law. At any time before the election the clerk may disqualify any candidate whom the clerk finds is not qualified.
(B) Any person, including the clerk, may question the eligibility of a candidate who has filed a declaration of candidacy with the clerk by filing a complaint with the clerk. The complaint must be received by the clerk no later than 5 p.m. three borough business days after the filing period closes.
(C) The complaint must be in writing and include the name, mailing address, contact phone number, signature of the person making the complaint, and a statement describing the grounds on which the candidate’s eligibility is being questioned.
(D) The clerk will review only those issues in the complaint related to candidate qualifications.
(E) Upon receipt of a complaint, or if the clerk questions the eligibility of the candidate, the clerk will send notification in writing to the candidate. The notification will include a copy of the complaint, if applicable.
(F) The clerk will review any evidence relevant to the candidate’s qualifications, including the candidate’s registration, declaration of candidacy, and any other document of public record on file with the state. Based on the review of the public documents, the clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate.
(G) If the clerk determines the preponderance of evidence supports the eligibility of the candidate, the clerk will issue a final determination supporting the candidate’s eligibility.
(H) If the clerk determines the preponderance of evidence does not support the candidate’s eligibility, notice to the candidate will identify any additional information or evidence that must be provided by the candidate. The requested information must be received by the clerk no later than three borough business days from date of notice. The clerk will consider any additional information provided and issue a final determination as to the candidate’s eligibility no later than three borough business days from receipt of the additional information.
(I) If the information requested by the clerk in subsection (H) of this section is not received by the specified deadline, the clerk will issue a final determination regarding the candidate’s eligibility based on the information initially reviewed.
(J) The clerk will send notice of final determination in writing to the person making the complaint, if applicable, and to the candidate. The determination of the clerk is final.
(Ord. 00-024 § 4, 2000; Ord. 99-081, § 7, 1999)
25.15.040 DECLARATIONS; NOTICE OF VACANCIES IN OFFICE.
At least ten calendar days before declarations are open for each regular or special election, the clerk shall publish twice in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the manner for filing declarations of candidacy.
(Ord. 00-024 § 5, 2000; Ord. 95-020, § 15, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.15.050 PUBLIC OFFICIAL FINANCIAL DISCLOSURE STATEMENT.
(A) Candidates for elective borough office shall file an Alaska Public Offices Commission Public Official Financial Disclosure Statement with the clerk in accordance with A.S. 39.50 at the time of:
(1) Filing a declaration of candidacy. The name of the candidate shall be placed on the ballot by the clerk only after the candidate has complied with this requirement.
(2) Declaring their candidacy as a write-in candidate.
(B) [Repealed by Ord. 99-081, § 8, 1999]
(C) In addition to disclosure required by MSB code and AS 39.50, all candidates filing a financial disclosure with the clerk as required under this section shall simultaneously file a supplement to the report on a form prescribed by the borough clerk. The supplement shall contain a list of all civil and criminal judgments entered against the official within ten years of the date of the report to include the case name, nature of action, year of judgment, and a brief description of the judgment entered and/or sentence imposed. This form shall be provided to the clerk at the time of filing a declaration of candidacy or declaring as a write-in candidate.
(Ord. 14-168, § 4, 2014; Ord. 07-032, § 5, 2007; Ord. 04-075, § 2, 2004; Ord. 99-081, § 8, 1999; Ord. 97-025, § 6, 1997; Ord. 96-014AM, § 4, 1996; Ord. 95-020, § 16, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.15.055 CORRECTIONS, AMENDMENTS, AND WITHDRAWAL OF DECLARATIONS OF CANDIDACY.
(A) Correction or amendment. A candidate may correct or amend his or her declaration of candidacy at any time during the period of filing a declaration of candidacy by written notice, signed by the candidate, to the clerk. After the filing period has closed, no declaration of candidacy may be corrected or amended.
(B) If a candidate desires to file for a different office or seat, the candidate shall request a new form from the clerk and meet the requirements of MSB 25.15.020 and 25.15.030.
(C) Withdrawal. A candidate may withdraw his or her declaration of candidacy. Should the candidate choose to withdraw, the withdrawal shall be in writing, signed, and submitted to the clerk not later than the seventh calendar day following the close of the filing period.
(Ord. 12-053, § 11, 2012: Ord. 00-024 § 6, 2000; Ord. 99-081, § 9, 1999; Ord. 96-014AM, § 5, 1996; Ord. 95-020, § 17, 1995)
25.15.060 CODE OF ETHICS.
The clerk shall provide a copy of the code of ethics, MSB 2.70, to candidates filing for elective office.
(Ord. 94-040AM1, § 3 (part), 1994)