Chapter 7.15
CANDIDATES
Sections:
7.15.010 Declaration of candidacy.
7.15.040 Public notice of identity of candidates.
7.15.050 Challenge of candidates.
7.15.060 Judgment of qualifications upon challenge.
7.15.080 Expunction of candidate’s name.
7.15.010 Declaration of candidacy.
(a) A candidate for election to a municipal office shall execute and file a declaration of candidacy in the office of the city clerk at least thirty-five days and not exceeding sixty days prior to the municipal election in which the candidate seeks to be elected.
(b) The declaration shall be executed under oath before an officer authorized to take acknowledgements and shall state in substance:
(1) The full name of the candidate and the manner he or she wishes his or her name to appear on the ballot;
(2) The full residence address of the candidate;
(3) The full mailing address of the candidate;
(4) The office for which the candidate seeks election;
(5) The date of the municipal election at which the person declares himself or herself to be a candidate;
(6) That the candidate will meet the specific residency and citizenship requirements of the office for which he or she is a candidate;
(7) That the candidate is a qualified voter as required by law;
(8) That the candidate will meet the specific age requirement of the office for which he or she is a candidate;
(9) That he or she is not a candidate for both mayor and member of the city council in the same municipal election;
(10) That the required fee accompanies the declaration;
(11) That the candidate is not delinquent in payment of any city property tax, sales tax utility bill or other financial obligation or, if delinquent, that any such obligations are disputed and the reasons listed why the obligation is disputed;
(12) That the candidate requests that his or her name be placed on the municipal election ballot. (Ord. O-21-04-03 § 1, 2021; Ord. O-13-06-07 § 2, 2013; Ord. O-93-6-6 § 1 (part), 1994)
7.15.020 Filing fee.
All candidates for election to a municipal office shall pay to the city clerk a nonrefundable fee of twenty dollars at the time each declaration of candidacy is filed. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.030 Designated seats.
Candidates for city council, school board and utility board shall file for election by the municipal voters at large but for seats designated alphabetically commencing with the seats vacated in October, 1978 and continuing thereafter until each seat has received an alphabetical designation. No person may file for more than one seat within the same office. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.040 Public notice of identity of candidates.
The city clerk shall publish in a local newspaper of general circulation at least fourteen days prior to the date of election the names of all persons who have declared their candidacy as of the date of the deadline for filing a declaration of candidacy established by NCO Section 7.15.010(a), the respective office for which each person has declared, and an invitation for any person to come forward with information intending to establish that any candidate may be ineligible to fill the office for which he or she has declared. (Ord. O-13-06-07 § 4, 2013: Ord. O-93-6-6 § 1 (part), 1994)
7.15.050 Challenge of candidates.
Any eligible voter of the municipality, including the city clerk, may challenge the eligibility of a candidate to hold office. A challenge may be submitted at any time preceding the date and time of the municipal election in which the candidate seeks to be elected. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.060 Judgment of qualifications upon challenge.
(a) If a person who has declared his or her candidacy for a municipal office is challenged, the city clerk shall recite to the challenged candidate the qualifications required for the declared office, and tender to the challenged candidate the opportunity to defend his or her eligibility under sworn oath.
(b) If the challenged candidate chooses to defend his or her eligibility under sworn oath, the city clerk may question the challenged person on any subject matter tending to test his or her qualifications to hold office. The responses to all such questions shall be transcribed and reduced to a sworn affidavit, and the challenged candidate shall subscribe and swear to said responses in the presence of a qualified Alaska notary public.
(c) Any person who refuses to submit to questioning, or refuses to subscribe, swear or affirm to responses to such questioning, as provided in subsection (b) of this section, shall be rejected by the city clerk as a person ineligible to be a candidate for the declared office.
(d) The city clerk shall decide the qualifications of each candidate to hold the declared office in a timely fashion and in writing. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.070 Withdrawal.
Notice of withdrawal of candidacy must be in writing over the signature of the candidate acknowledged by a qualified Alaska notary public. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.080 Expunction of candidate’s name.
If any candidate dies, withdraws, or is found ineligible to hold office prior to the day of election, the city clerk shall forthwith post notice of that fact in a conspicuous location in the office of the city clerk. The name of such candidate shall not be printed on the ballot. If the ballots have been printed with the name of such a candidate, that name shall be erased or cancelled before the ballots are delivered to the voters. (Ord. O-93-6-6 § 1 (part), 1994)
7.15.090 Appeal.
(a) A candidate declared ineligible to hold office by the city clerk may appeal that decision to the city council by filing with the city clerk a written request for an appeal specifying the grounds for the appeal.
(b) A request for an appeal must be filed during the shortest of the following periods of time:
(1) Within two business days of personal receipt of the written decision by a person of reasonable age at the residence of the candidate; or
(2) Within five days of mailing of the decision by the city clerk to the mailing address of the candidate; or
(3) Before the time of closing the municipal offices on the day before the election, if the written decision of the city clerk is served less than two days before the date of the election.
(c) The city clerk shall convene a public hearing forthwith, and in no event later than two working days following the filing of the request with the city clerk. The city council shall render a final decision promptly following the public hearing. (Ord. O-93-6-6 § 1 (part), 1994)