Chapter 7.10
VOTERS
Sections:
7.10.020 Rule for determining residence.
7.10.030 Voter disqualification.
7.10.010 Qualifications.
A person may vote in a municipal election only if he is a United States citizen qualified to vote in state elections, has been a resident of the city for thirty days immediately preceding the election, is registered to vote in state elections, and is not disqualified under Article V of the Alaska Constitution. The term of residence is computed by including the day on which the person’s residence begins and excluding the day of election. (Ord. O-93-6-6 § 1 (part), 1994)
7.10.020 Rule for determining residence.
For the purpose of determining residence for municipal voting, the place of residence is governed by the following rules:
(a) No person may be considered to have gained a residence solely by reason of his or her presence nor may he or she lose it solely by reason of his or her absence while in the civil or military service of the state of Alaska or of the United States, or of his or her absence because of marriage to a person engaged in the civil or military service of the state of Alaska or the United States, while a student at an institution of learning, while in an institution or asylum at public expense, while confined in public prison, while engaged in the navigation of waters of the state of Alaska, of the United States, or of the high seas, or while residing upon an Indian, Native Alaskan, or military reservation.
(b) The residence of a person is that place in which his or her habitation is fixed, and to which, whenever he or she is absent, he or she has the intention to return. If a person resides in one place, but does business in another, the former is his or her place of residence. Temporary construction camps do not constitute a dwelling place.
(c) A change of residence is made only by the act of removal joined with the intent to remain in another place. There can only be one residence.
(d) A person does not lose his or her residence if he or she leaves his or her home and goes to another country, state or place in Alaska for temporary purposes only and with the contemporaneous intent of returning.
(e) A person does not gain residence by virtue of coming to the city, without the present intention to establish his or her permanent dwelling in the city.
(f) A person loses his or her residence in the city if he or she votes in an election of another municipality or state, either in person or by absentee ballot, and will not be eligible to vote in a city municipal election until he or she again qualifies under Section 7.10.010 of this chapter.
(g) The address of a voter as it appears on his or her official voter registration card is presumptive evidence of the person’s voting residence. This presumption is negated only by a favorable ruling of the board of election if the person’s voting residence is challenged. (Ord. O-93-6-6 § 1 (part), 1994)
7.10.030 Voter disqualification.
(a) No person may vote who has been convicted of a felony involving moral turpitude unless his or her civil rights have been restored. Felonies involving moral turpitude include, but are not limited to, the crimes of murder, rape, robbery, kidnapping, burglary, incest, and other crimes which are punishable by imprisonment in the penitentiary under Alaska law.
(b) No person may vote who has been judicially determined to be of unsound mind unless subsequently the disability has been removed. (Ord. O-93-6-6 § 1 (part), 1994)
7.10.040 Oath of electors.
All voters shall swear or affirm their legal qualifications to vote upon an affidavit provided by the judge of the election at the time and place of the election. (Ord. O-93-6-6 § 1 (part), 1994)