Chapter 4.24
CONTEST OF ELECTIONS
Sections:
4.24.020 Contest of election – Contest investigation.
4.24.040 Ballot recount – Expenses – Appeal.
4.24.050 Prohibited practices alleged.
4.24.060 Sustained charges – Recount.
4.24.070 Determination of tie votes.
4.24.010 Contest of election.
A. Any candidate or any 10 qualified voters may contest the election of any person and the approval or rejection of any question or proposition.
B. A candidate or elector who believes that prohibited practices occurred at an election will appear before the assembly at the meeting held on the first Monday following the election. He will deliver a sworn written notice of contest, which will state the specific acts asserted as misconduct.
C. The notice of contest shall conform with the following form:
NOTICE OF ELECTION CONTEST
The undersigned believes that prohibited practices occurred at the election held on ______________.
The undersigned states that provisions of the law were violated in the following manner:
_________________________________
_________________________________
_________________________________
___________________________
Signature of person contesting
SUBSCRIBED AND SWORN to me, this ___ day of _________, 20___.
_________________________________
NOTARY PUBLIC IN AND FOR ALASKA
My commission expires: _____________
(Ord. 96-05 § 1, 1996; Code 1986 § 4.36.010)
4.24.020 Contest of election – Contest investigation.
A. The borough assembly will order an investigation to be made by the canvassing committee if a notice of contest is received. Investigation proceedings will be public.
B. The canvassing committee shall determine if any state or local election laws were violated.
C. The canvassing committee shall provide findings and conclusions regarding whether the election should be certified or what alternative remedy should be considered, including recommendation for removal or other disciplinary action to be taken against candidates, borough employees, or others found to have violated state or local election laws. (Ord. 96-05 § 1, 1996; Code 1986 § 4.36.030)
4.24.030 Ballot recount.
If only a recount of ballots is demanded, the election boards in the precincts where error allegedly occurred shall recount the ballots in those precincts. (Code 1986 § 4.36.040)
4.24.040 Ballot recount – Expenses – Appeal.
A. The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse any result of the election or the difference between the winning and a losing vote on the result contested is more than two percent.
B. No person may appeal or seek judicial review of a borough election for any cause or reason unless the person is qualified to vote in the municipality, has exhausted his administrative remedies before the assembly, and has commenced, within 10 days after the assembly has finally declared the election results, an action in the superior court in the judicial district in which the municipality is located. If no such action is commenced within the 10-day period, the election and election results shall be conclusive, final and valid in all respects. (Code 1986 § 4.36.020)
4.24.050 Prohibited practices alleged.
When the contestant alleges prohibited practices, the assembly will direct the borough clerk to produce the original precinct register books for the election. (Code 1986 § 4.36.050)
4.24.060 Sustained charges – Recount.
If the charges alleged by the contestant are sustained, the defective ballots will be purged from the election returns and the canvassing committee will make a recount without counting the illegal votes. The results of such recount will be reported immediately to the assembly. The assembly will then certify the correct election returns as provided in NABC 4.20.060. (Code 1986 § 4.36.060)
4.24.070 Determination of tie votes.
If after a recount and appeal, two or more candidates tie in having the highest number of votes for the same office, the mayor shall notify the candidates who are tied. The mayor shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by lot. After the determination has been made by lot, the mayor shall so certify. (Code 1986 § 4.36.070)