Chapter 4.04
BOROUGH ELECTIONS GENERALLY
Sections:
4.04.010 Administration of elections.
4.04.030 General election – Time.
4.04.040 Special election – Time.
4.04.080 Bilingual information.
4.04.100 Notice of election – Contents.
4.04.110 Borough clerk – Election duties.
4.04.120 Election judges, clerks and officials.
4.04.130 Filling vacancies in election board.
4.04.140 Election officials – Oath.
4.04.160 Initiative and referendum.
4.04.010 Administration of elections.
The borough assembly shall prescribe the general rules for conducting municipal elections. (Code 1986 § 4.04.010)
4.04.020 Voter qualification.
A. A person may vote only if he is a United States citizen who is qualified to vote in state elections and has been a resident of the borough for at least 30 days immediately preceding the election and who is registered to vote in state elections, is not registered to vote in another jurisdiction and is not disqualified under Article V of the State Constitution.
B. The address of a voter as it appears on the latest state registration listings is presumptive evidence of the person’s voting residence. If the person has changed voting residence, this presumption is negated only by the voter executing an affidavit on a form prepared by the State Director of Elections setting out the new voting residence. (Ord. 95-02 § 7a, 1995; Ord. 90-09 § 1, 1990; Code 1986 § 4.04.020)
4.04.030 General election – Time.
On the first Tuesday of October of each year, a general election will be held in the borough for the election of vacant municipal offices and the determination of such other matters as may be placed on the ballot. (Code 1986 § 4.04.030)
4.04.040 Special election – Time.
The borough assembly, by resolution, may order that a special election be held. (Code 1986 § 4.04.040)
4.04.050 Expenses.
The borough shall pay all necessary election expenses, including those of securing places for polls and providing ballot boxes, ballots, voting booths, screens, national and state flags and other supplies, and any wages due judges and clerks. Salaries for the election judges and clerks shall be set by the assembly. However, all expenses of making a recount pursuant to an election contest shall be paid by the candidate or voters contesting the election, unless the results of the election are changed by the recount. If the recount is obtained by voters, each of them shall be individually liable for the whole amount of such expenses. The cost of a recount is $250.00 by district. (Code 1986 § 4.04.050)
4.04.060 Time off for voting.
Any qualified voter who does not have sufficient time outside his working hours within which to vote at any borough and borough election may, without loss of pay, take off as much working time as will enable him to vote. If any employee has two consecutive hours in which to vote, either between the opening of the polls and the beginning of his regular shift, or between the end of his regular working shift and the closing of the polls, he shall be deemed to have sufficient time outside his working hours within which to vote. (Code 1986 § 4.04.060)
4.04.070 Majority elections.
A. The candidate receiving the greatest number of votes for office of assembly or school board shall be declared the winner of the election for that office.
B. For the office of mayor, the candidate who receives the highest number of votes representing at least 40 percent of the votes cast shall be declared the winner. If no candidate for the office of mayor receives at least 40 percent of the votes cast, a runoff election between the two candidates receiving the highest and next highest number of votes shall be held within 30 days of the date of certification of the election for which a runoff is required. The candidate receiving the greatest number of votes in the runoff election shall be declared the winner. (Ord. 11-10 § 2, 2011; Code 1986 § 4.04.070)
4.04.080 Bilingual information.
Borough officials shall make ample effort to provide oral information in the Inupiaq language and assistance at every stage in the election process including voter registration assistance, election-related notices, information on issues and candidates, and assistance at the polling place wherever needed. (Code 1986 § 4.04.080)
4.04.090 Notice of election.
The borough clerk, subject to any directions from the assembly, shall give at least 30 days’ notice of each general election and 30 days’ notice of each special election by posting thereof in two or more conspicuous places in each voting precinct of the municipality, and by publishing the notice in the newspaper or by radio. The borough clerk shall provide pre-recorded public service announcements in the Inupiaq language concerning notice of elections. The notices of election shall be distributed to public and commercial radio stations located within the borough. (Ord. 95-02 § 8, 1995; Ord. 86-08 § 1, 1986; Code 1986 § 4.16.010)
4.04.100 Notice of election – Contents.
Notices for general or special elections must contain the following:
A. The date of the election;
B. The offices to be filled or the propositions to be voted upon;
C. The time the polling places will open and close;
D. The location of precinct polling places;
E. A boundary description of the voting precincts, or a reference to the Alaska Administrative Code sections establishing the precinct boundaries;
F. The procedure for declaring candidacy; and
G. Whether the election is general or special. (Code 1986 § 4.16.020)
4.04.110 Borough clerk – Election duties.
The borough clerk or his designee will perform the duties necessary for the administration of municipal elections. The election duties of the borough clerk include, but are not limited to, obtaining from the state a list of voters registered pursuant to Alaska law. The clerk may publish notices urging voter registration and may cooperate with the state in encouraging borough residents to register. (Ord. 95-02 § 7b, 1995; Code 1986 § 4.08.010)
4.04.120 Election judges, clerks and officials.
A. Before each municipal election, the assembly shall appoint at least three judges in each precinct to constitute the election board for that precinct, and may appoint two election clerks for each precinct. One judge in each precinct shall be designated chairman by the assembly and shall be primarily responsible for administering the election in that precinct. In a precinct where a voting machine is used, or any other precinct, two of the appointed judges may also serve as the election clerks. The borough clerk may appoint up to three additional election clerks at any polling place when necessary to facilitate the orderly conduct of the election or to relieve the judges or clerks of undue hardship.
B. Each judge or clerk must be a qualified voter of the borough and, where practicable, a resident of the precinct for which he is appointed.
C. The chairman of the election board in each precinct shall also serve as the borough absentee ballot official for that precinct. (Ord. 96-05 § 1, 1996; Code 1986 § 4.08.020)
4.04.130 Filling vacancies in election board.
If an appointed judge or clerk fails to appear and subscribe to the oath on election day or becomes incapacitated during the time of the election or canvass, the election board members present shall elect, by a majority voice vote, a qualified voter to fill the vacancy. (Code 1986 § 4.08.030)
4.04.140 Election officials – Oath.
The borough clerk will choose an election judge from each precinct to appear before the borough clerk and take the oath set forth in this section. This election official will, in turn, administer the same oath to all other election judges and clerks in his precinct. The oath administered will be as follows:
I, __________, do solemnly swear that I will honestly and faithfully perform the duties of election judge [or clerk] according to law. I will endeavor to prevent fraud, deceit or abuse in conducting the election. All of this I will perform to the best of my ability, so help me God.
(Code 1986 § 4.08.040)
4.04.150 Canvass committee.
A. The assembly shall appoint a canvass committee which will canvass all votes after the election judges have completed their tally of votes. The members of the canvass committee shall be qualified electors of the borough.
B. Instead of arranging for the appointment of a canvass committee, the assembly may declare itself to be the canvass committee. (Code 1986 § 4.08.050)
4.04.160 Initiative and referendum.
For an initiative or referendum the borough shall follow as nearly as practicable the procedures provided in state law for general law municipalities, found in AS Article 2, Chapter 26, Title 29 (AS 29.26.100 et seq.), as now or hereafter amended. (Ord. 99-02 § 1, 1999)