CHAPTER 25.25: ABSENTEE VOTING

Section

25.25.010    Absentee/early voting; eligible persons; liberal construction

25.25.020    Absentee voting; by mail

25.25.030    Absentee voting; receiving the ballot; election official duties [Repealed]

25.25.040    Absentee ballot envelopes; clerk duties [Repealed]

25.25.050    Absentee/early voting; in-person voting [Repealed]

25.25.051    Absentee voting; in-person

25.25.052    Early voting; in-person [Repealed]

25.25.060    Absentee voting; by personal representative [Repealed]

25.25.061    Special needs voting

25.25.010 ABSENTEE/EARLY VOTING; ELIGIBLE PERSONS; LIBERAL CONSTRUCTION.

(A)    Any registered voter may vote an absentee or early ballot at any election for any reason, if provided by the clerk.

(B)    The provisions of this chapter effectuating the constitutional guarantee to absentee voting shall be liberally construed.

(Ord. 02-067, § 11, 2002; Ord. 01-019, § 7, 2001; Ord. 99-081, § 15, 1999; Ord. 94-040AM1, § 3 (part), 1994)

25.25.020 ABSENTEE VOTING; BY MAIL.

(A)    A voter may apply to the clerk for an absentee ballot to be mailed to the voter not less than seven calendar days before an election. Requests must be made annually. A request may be made by facsimile.

(B)    All applications for an absentee ballot by mail shall be in writing either on a form provided by the clerk’s office or in a letter containing the following information:

(1)    the applicant’s place of residence;

(2)    the address the applicant desires the absentee ballot to be mailed;

(3)    the applicant’s signature; and

(4)    a voter identifier such as voter number, a Social Security number, or date of birth;

(5)    [Repealed by Ord. 99-081, § 16, 1999]

(C)    Once ballots are in the clerk’s possession and ready for distribution and upon timely receipt of an application for absentee ballot by mail, the clerk shall mail an official ballot and other absentee voting material to the applicant at the mailing address given on the application. A return envelope shall be included with the voting materials and addressed to the clerk.

(D)    At any time on or before the day of the election, any voter receiving an absentee ballot by mail may vote the ballot. The voted ballot shall then be placed in the secrecy sleeve which is then placed in the return envelope and the voter shall sign the certification on the return envelope and have it witnessed in the presence of one of the following authorized officials:

(1)    a notary public; U.S. postmaster or authorized postal clerk; commissioned military officer; judge; justice; magistrate; clerk of the court; a duly appointed voter registrar, or election official as defined in MSB 25.05.010(A); or

(2)    one witness who is at least 18 years of age may witness the voter’s signature if an authorized official is not reasonably accessible.

(E)    After having the absentee ballot witnessed, the voter shall mail or otherwise deliver the ballot to the clerk. The voted absentee ballot shall be received by mail as defined in MSB 25.35.080(A) or returned to a precinct election official no later than 8 p.m. on election day. A precinct election official shall deliver the voted absentee ballots to the clerk. The clerk shall deliver the voted absentee ballots to the canvass board for canvassing.

(F)    Prior to the election, the clerk shall give to the election board in each precinct a list of voters from the precinct who have been issued absentee ballots. If a voter who was issued an absentee ballot by mail returns to the voter’s precinct on election day, the voter may not vote a regular ballot at the polling place unless the voter first surrenders to the election board the absentee ballot, ballot envelope, and return envelope issued to the voter. If the absentee voter does not have the absentee ballot to surrender, the voter may vote a questioned ballot. Surrendered absentee ballots, ballot envelopes, and return envelopes collected by the election board shall be returned to the clerk.

(Ord. 12-053, § 13, 2012; Ord. 11-056, § 5, 2011; Ord. 03-074(AM), § 6, 2003; Ord. 02-067, § 12, 2002; Ord. 01-09, § 8, 2001; Ord. 99-081, § 16, 1999; Ord. 97-025, § 8, 1997; Ord. 96-014AM, § 8, 1996; Ord. 95-020, §§ 21 - 23, 1995; Ord. 94-040AM1, § 3 (part), 1994)

25.25.030 Absentee Voting; Receiving the Ballot; Election Official Duties. [Repealed by Ord. 97-025, § 9, 1997]

25.25.040 Absentee Ballot Envelopes; Clerk Duties. [Repealed by Ord. 97-025, § 10, 1997]

25.25.050 Absentee/Early Voting; In-Person Voting. [Repealed by Ord. 01-019, § 9, 2001]

25.25.051 ABSENTEE VOTING; IN - PERSON.

(A)    Absentee voting in person before an election official, including the clerk, shall not begin prior to 15 calendar days before a regular or special election, up to and including the day of the election. The absentee voter shall appear before an election official, provide their name, residence address, and voter identifier such as a voter number, social security number, or date of birth. The voter shall complete the required information and sign the certification on the ballot oath and affidavit envelope and have it witnessed by an election official. The voter shall receive an official ballot, mark the ballot in private, and place the ballot in a secrecy sleeve. The secrecy sleeve shall then be placed in the completed ballot oath and affidavit envelope and the envelope will be sealed. An election official shall deliver the voted absentee ballots to the clerk. The clerk shall deliver the voted absentee ballots to the canvass board for canvassing.

(B)    Prior to the election, the clerk shall give to the election board in each precinct a list of voters from the precinct who have voted absentee ballots. If a voter who voted an absentee ballot in-person returns to the voter’s precinct on election day, the voter may not vote a regular ballot but may vote a questioned ballot.

(Ord. 19-045, § 10, 2019; Ord. 03-074(AM), § 7, 2003; Ord. 02-067, § 13, 2002; Ord. 01-019, § 10, 2001)

25.25.052 Early Voting; In-Person. [Repealed by Ord. 03-074(AM), § 8, 2003]

25.25.060 Absentee Voting; by Personal Representative. [Repealed by Ord. 03-028, § 2, 2003]

25.25.061 SPECIAL NEEDS VOTING.

(A)    A voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot through any person other than a candidate for office at that election, an immediate family member of the candidate for office at that election, the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union.

(B)    The request for a special needs ballot may be made:

(1)    to the borough clerk on or after the fifteenth calendar day before a regular election or special election, up to and including the day before the election;

(2)    from an absentee voting official at an absentee voting station designated by the clerk at a time when the absentee voting station is in operation; or

(3)    from a member of the precinct election board on election day.

(C)    If the request for a special needs ballot is made through a representative, the representative shall sign the special needs voting envelope provided by an election official. The envelope must include the following information:

(1)    the representative’s name;

(2)    the representative’s residence and mailing address;

(3)    the representative’s Social Security number, voter number, or date of birth;

(4)    the name of the voter on whose behalf the representative is requesting a ballot and voting materials;

(5)    an oath that the representative:

(a)    is receiving a ballot and voting materials on behalf of the voter;

(b)    will not vote the ballot for the voter;

(c)    will not coerce the voter;

(d)    will not divulge the vote cast by the voter; and

(e)    has been notified that unlawful interference with voting is punishable under A.S. 15.56.030.

(6)    the representative’s signature.

(D)    The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in a secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the presence of the representative. The representative shall sign as attesting official and date voter’s signature.

(E)    The representative shall deliver the ballot and voter certificate to an election official not later than 8 p.m. Alaska time on election day.

(F)    If a qualified voter’s disability precludes the voter from performing any of the requirements of subsection (D) of this section, the representative may perform those requirements, except making the voting decision, on the voter’s behalf.

(G)    An election official shall deliver the voted special needs ballot to the clerk. The clerk shall deliver the voted special needs ballot to the canvass board for canvassing.

(Ord. 19-045, § 11, 2019; Ord. 03-028, § 3, 2003)