Chapter 4.16
ABSENTEE VOTING
Sections:
4.16.010 Absentee voting – Eligible persons.
4.16.020 Absentee ballots – Application period.
4.16.030 Absentee ballots – Filing – Delivery.
4.16.040 Absentee ballots – Determination of right by clerk.
4.16.050 Absentee ballots – Mailing by clerk.
4.16.060 Absentee ballots – Notation of number and date of application.
4.16.070 Absentee ballots – Completion and return.
4.16.080 Absentee ballots – Executing outside city.
4.16.090 Absentee ballots – Receipt.
4.16.100 Absentee ballots – Voting supplies.
4.16.110 Absentee voting at official’s office.
4.16.120 Liberal construction.
4.16.010 Absentee voting – Eligible persons.
Any qualified voter who expects to be absent from his election precinct or who will be unable to vote in such precinct by reason of physical disability on the day of any election, may cast an absentee ballot. (Code 1986 § 4.32.010)
4.16.020 Absentee ballots – Application period.
A. A person who seeks to vote by absentee ballot may file either in person or by mailing his written application to a borough absentee official.
B. Unless announced otherwise by the Alaska State Director of Elections, an application made by mail must be received by a borough absentee ballot official not more than 20 days, nor less than three days, before a municipal election. Unless announced otherwise by the Alaska State Director of Elections, an application made in person must be filed with a borough absentee ballot official not more than 15 days before the municipal election, and no later than the day before the municipal election.
C. The application must be signed by the applicant and show his place of residence.
D. Nothing in this section is intended to limit a borough absentee ballot official in personally delivering a ballot to a person who, because of physical incapacity, is unable to make application in person at the borough absentee ballot official’s office for an absent voter’s ballot. (Ord. 97-06 § 1, 1997; Ord. 96-05 § 1, 1996; Ord. 95-02 § 9a, 1995; Code 1986 § 4.32.020)
4.16.030 Absentee ballots – Filing – Delivery.
Upon receipt of an absentee ballot application, a borough absentee ballot official shall forward the application to the borough clerk. Upon receipt of an application for an absentee voter’s ballot timely received by a borough absentee ballot official, the receiving borough clerk will file it. The borough clerk will then check the latest state registration listings to determine whether the applicant is registered pursuant to Chapter 15.07 AS. If the applicant is properly registered, the clerk will deliver to the applicant, personally or by mailing to the address given by the applicant, or via a borough absentee ballot official, an official ballot for the election, an identification envelope and a return envelope. If the absent voter’s ballot is personally delivered either by the borough clerk or an absentee ballot official, it shall be executed at the time of delivery. (Ord. 96-05 § 1, 1996; Code 1986 § 4.32.030)
4.16.040 Absentee ballots – Determination of right by clerk.
Before delivering a ballot, the borough clerk will satisfy himself of the applicant’s right to an absent voter’s ballot, pursuant to NABC 4.16.010. (Code 1986 § 4.32.040)
4.16.050 Absentee ballots – Mailing by clerk.
Whenever the clerk is required to mail an absent voter’s ballot beyond a 50-mile radius of the borough, he may post the ballot airmail, if in the exercise of his discretion he determines that it is necessary to ensure timely delivery. (Code 1986 § 4.32.050)
4.16.060 Absentee ballots – Notation of number and date of application.
Upon personal delivery or the mailing of absent voter’s ballot, the clerk will enter on the application of the absent voter, and on the space provided in the voter registration index, the number of and the date the ballot was delivered or mailed. Before the election, the clerk will send the election judges a list of voters who have received the respective ballots under this section. (Code 1986 § 4.32.060)
4.16.070 Absentee ballots – Completion and return.
The identification envelope and return envelope provided to the voter will be of such form, size and weight as prescribed by the borough clerk. The identification envelope will have printed on its face an affidavit substantially as follows:
IDENTIFICATION ENVELOPES
State of Alaska:
____________ deposes and says: I am registered to vote in precinct No. ______ in Northwest Arctic Borough, Alaska, and I hereby enclose my ballot in compliance with Chapter 4.16 NABC.
_________________
Voter
_______________________
Residence address within the borough.
(Seal)
SUBSCRIBED AND SWORN before me this ______ day of _______, 20___, at __________(a.m. or p.m.). I hereby certify that in my presence this affiant enclosed said ballot and handed me this envelope sealed; that he signed this affidavit and I acknowledged the same, all in accordance with the law.
________________
Official Signature
(Seal)
________________
Title of Officer
IF NO NOTARY OR OTHER OFFICIAL AUTHORIZED TO CERTIFY BALLOTS IS REASONABLY ACCESSIBLE, COMPLETE THE FOLLOWING CERTIFICATE WITH TWO (2) WITNESSES OVER THE AGE OF EIGHTEEN (18):
I certify under penalty of perjury that the foregoing statement of registration to vote and compliance with Chapter 4.16 NABC is true and that a notary public or other official empowered to administer oaths is unavailable.
Date:________ ___________
Voter
Place:_______ ____________
Witness
_____________
Witness
NOTICE: After completing the above certificate or receiving the sealed envelope from the person taking your affidavit when voting outside the office of the borough clerk of the Northwest Arctic Borough, you must immediately return it by mail, postage prepaid, to the Borough Clerk, P.O. Box 1110, Kotzebue, Alaska 99752.
MARKED BALLOT ENCLOSED TO BE
OPENED ONLY BY
CANVASSING COMMITTEE
(Ord. 90-09 § 5, 1990; Code 1986 § 4.32.070)
4.16.080 Absentee ballots – Executing outside city.
A. After receiving an absent voter’s ballot, a voter may appear on any day prior and including the day of the election, before a notary public, commissioned officer of the armed forces including the National Guard, district judge, or magistrate, United States postal official, clerk or officer of any borough, state, territory or district within the United States.
B. Under the scrutiny of such officer, he may execute his ballot as set forth in NABC 4.16.030. However, he must mark his ballot with pen and ink or indelible pencil, or as described in the instructions applicable to the borough’s vote-counting technology. The officer will then certify the affidavit printed on the identification envelope, enclose the envelope in the return envelope and seal it. If none of the officials described in subsection (A) of this section are reasonably accessible, a voter shall have the ballot witnessed by two persons over the age of 18 years and, in addition, shall provide the certification “under penalty of perjury” prescribed in AS 9.63.020. (Ord. 99-05 § 1, 1999; Ord. 90-09 § 6, 1990; Code 1986 § 4.32.100)
4.16.090 Absentee ballots – Receipt.
To be counted, an absent voter’s ballot must be executed prior to the time the polls close in the borough and be received by the clerk prior to the time the ballots are canvassed by the canvassing committee. (Code 1986 § 4.32.110)
4.16.100 Absentee ballots – Voting supplies.
All supplies necessary for the voter to execute and return his ballot will be furnished by the borough clerk or borough absentee ballot official. No borough official or employee may make any charge for services rendered to any voter under the provisions of this chapter. (Ord. 96-05 § 1, 1996; Code 1986 § 4.32.120)
4.16.110 Absentee voting at official’s office.
A voter who receives an absent voter’s ballot may, on any day prior to the day of the election, appear at the office of the borough clerk or borough absentee ballot official and execute his ballot under the scrutiny of the borough clerk, or borough absentee ballot official, in the following manner:
A. The voter will first display the ballot to the clerk (or absentee ballot official) to show that the ballot has not been previously marked. He then will proceed to mark the ballot in the voting booth at the clerk’s (official’s) office. The voter will then hand the ballot to the clerk (official), who will examine it. If the clerk (official) determines that the ballot is numbered correctly, he will tear the printed number off and permit the voter to enclose the ballot in the identification envelope.
B. The voter will then make out and swear to the affidavit printed on the face of the envelope. He will seal the envelope and deliver it to the clerk (official) before whom the ballot is marked.
C. The clerk (official) will certify the affidavit printed on the identification envelope by writing or stamping his name across the seal. The clerk (official) will deposit the envelope in a safe place in his office, to be kept by him and delivered to the canvassing committee (or borough clerk).
D. If an absent voter returns to his voting precinct on election day, he will not be allowed to vote until he surrenders the absent voter’s ballot and any other supplies mailed to him. The election judges will return the unused absent voter’s ballot with the unused ballots. (Ord. 96-05 § 1, 1996; Code 1986 § 4.32.080)
4.16.120 Liberal construction.
This chapter will be liberally construed, so as to accomplish the purposes for which they are intended. (Code 1986 § 4.32.130)