Chapter 7.25
VOTING PROCEDURES
Sections:
7.25.010 Security and secrecy in voting.
7.25.020 Preparation of official ballot.
7.25.030 Distribution of ballots.
7.25.050 Unauthorized ballots.
7.25.090 Challenging voter qualifications.
7.25.110 Determination of ballot marks.
7.25.115 Counting of write-in votes.
7.25.120 Canvasses and certification of election.
7.25.125 Authorization of recount application.
7.25.126 Canvass and certification of results following recount.
7.25.130 Election contest and appeal.
7.25.140 Insufficient plurality.
7.25.010 Security and secrecy in voting.
(a) Not less than one day before each election, the city clerk shall secure the use of, and take possession of, all places designated as polling places. Each polling place shall be furnished by the city clerk with a guardrail partitioning the voting area, and with a sufficient number of booths, compartments, shelves or tables for the preparation of ballots by voters in a manner providing for the screening of each voter from observation by persons other than the election judges or persons outside the guardrail. Judges shall be sufficiently removed and so arranged that the voter may conveniently prepare his or her ballot for voting with absolute secrecy.
(b) During the election and the counting of ballots, no person shall be admitted or permitted to be within the area designated by the guardrail as the voting area, except the judges and clerks of the election, and those voters admitted by the judges for the purpose of preparing their ballots and voting.
(c) No more than one person shall be permitted to occupy any one booth, compartment, or shelf or table area for the preparation of ballots at any time, except as provided for voter assistance in Section 7.25.080. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.020 Preparation of official ballot.
(a) The city clerk shall prepare all official ballots to facilitate fairness, simplicity and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections.
(b) The following directive shall be followed when applicable:
(1) The city clerk shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters of form not provided by law.
(2) The city clerk shall number ballots in series to assure simplicity and secrecy and to prevent fraud. The number shall be placed in an area set off by perforations for ease of removal and on a portion of the ballot that can be seen when the manner in which the ballot is marked is concealed from view.
(3) The city clerk may contract for the preparation of ballots without obtaining competitive bids.
(4) The city clerk may not include on the ballot as a part of a candidate’s name, any honorary or assumed title or prefix, but may include in the candidate’s name any nickname or familiar form of the proper name of the candidate.
(5) The ballot shall be printed on paper of good quality and uniform grade, or on required stock to be computer counted, with the names of the candidates placed in separate sections under the office which they have designated. Provisions shall be made for write-ins equal in number to the positions to be filled. The words “Vote for not more than___,” with the appropriate number replacing the blank, shall be placed before the list of candidates for each office.
(6) The names of the candidates for each office shall be arranged under the designation of each office in alphabetical order according to surnames.
(7) The words “yes” and “no” shall be placed below the statement of each proposition or question on the ballot. Except as otherwise provided by law, the city clerk may determine the number of ballots to be used to present all offices, propositions and questions to the qualified voters.
(8) Each ballot shall bear the words “Official Ballot,” and the date of the election. (Ord. O-02-8-2 § 2, 2002; Ord. O-93-6-6 § 1 (part), 1994)
7.25.030 Distribution of ballots.
(a) In all municipal elections, the city clerk shall be responsible for the printing of ballots, and for the security of printed ballots. The ballots shall be printed and in the possession of the clerk at least seven days prior to each regular and special election. Early, absentee and sample ballots shall be in the clerk’s possession fifteen days before a regular or special election and nine calendar days before a runoff election.
(b) The clerk shall ensure delivery of the ballots to the election board before the polls are opened on election day. The ballots shall be delivered in a separate package, with the number of ballots enclosed clearly marked on the outside of the package. A receipt shall be taken from the election board member to whom each package is delivered, and this receipt shall be preserved by the city clerk with other records of the election for one year. (Ord. O-02-8-2 § 3, 2002; Ord. O-93-6-6 § 1 (part), 1994)
7.25.040 Sample ballots.
The city clerk shall have printed a sufficient number of sample ballots for the information and convenience of voters. The sample ballots shall be printed on nonwhite paper and clearly labeled as “Sample Ballot.” Sample ballots shall be delivered to the election judges in each precinct, and shall be available to the public. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.050 Unauthorized ballots.
Only ballots furnished by the city clerk shall be used, circulated, passed or counted in any municipal election in the city. All voting shall be by ballot, and no ballot shall bear any impression, device, color or thing designed to distinguish that ballot from other legal ballots. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.060 Ballot boxes.
(a) The city clerk shall provide ballot boxes of sufficient number and sufficient dimensions to contain the ballots to be cast at each municipal election. Each ballot box shall include a seal or device to ensure it has not been tampered with during the course of the election. All ballots cast by qualified voters shall be deposited in a ballot box.
(b) Before issuing any ballots, the election board, in the presence of all persons assembled at the polling place, shall open and exhibit the ballot box to be used at the polling place. Thereafter the box shall be sealed and not opened again until the polls are finally closed. (Ord. O-02-8-2 § 4, 2002; Ord. O-93-6-6 § 1 (part), 1994)
7.25.070 Procedure in voting.
(a) The judges of the election shall have custody and control of all ballots during the election, and shall deliver one ballot to each qualified voter. No voter shall receive a ballot until he or she has sworn or affirmed his or her legal qualifications to vote upon an affidavit provided by the judges of the election at the time and place of the election.
(b) Upon receipt of the affidavit of the voter, a judge shall announce the name of the voter in an audible tone of voice. If no challenge is interposed in the manner provided by Section 7.25.090, the judge shall deliver to the voter a ballot, while at the same time calling the number of the ballot to the clerk of the election.
(c) The clerk of the election shall record the number of the ballot to coincide with the name of the voter.
(d) The voter shall proceed forthwith, and without leaving the polling place, to one of the places, booths or compartments provided for the preparation of ballots. A voter voting on a hand-counted ballot shall execute his ballot by making a mark in the appropriate box or space next to the name of each person, candidate or proposition for whom or for which he or she is entitled to vote. Before leaving the place for the execution of his or her ballot, the voter shall fold the ballot with the number appearing on the outside and without displaying the election marks on the face of the ballot. A voter voting on a computer-counted ballot shall execute his or her ballot by filling in by pen the oval or box next to the name of each person, candidate or proposition for which they wish to vote. The voter will insert the voted ballot into a secrecy sleeve, return to the election judges or clerks, who will assist the voter with inserting the ballot into the counting unit.
(e) The voter shall return the ballot to a judge, who shall repeat the name of the voter and the number of the ballot in an audible tone of voice. The clerk of the election shall confirm that the name of the voter and the number of the ballot coincide, and shall mark opposite the name of such voter the word “voted.” The judge shall separate the perforated section of the ballot containing the number, destroy the removed number immediately, and deposit the remaining ballot in the ballot box.
(f) Any voter who spoils his or her ballot by accident or mistake may receive another ballot in exchange for the spoiled ballot. Concealing the manner in which the spoiled ballot is marked, the judge or clerk shall destroy the ballot immediately and make note of it in the index. (Ord. O-02-8-2 § 5, 2002; Ord. O 93 6 -6 § 1 (part), 1994)
7.25.080 Voter assistance.
A qualified voter who cannot read, mark the ballot, or sign his or her name, or a qualified voter who is unacquainted with the system of voting, may request a judge, a person, or not more than two persons of his or her choice for assistance in voting. If the judge is requested, he or she shall assist the voter. If any other person is requested, the person shall state upon oath before the election judge that he or she will not divulge the vote cast by the person whom he or she assists. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.090 Challenging voter qualifications.
(a) Every election judge and election clerk shall challenge, and every watcher and person qualified to vote in the municipal election may challenge a person attempting to vote if the challenger has good reason to suspect that the challenged person is not qualified to vote. All challenges shall be made in writing setting out the reason for the challenge on a form provided by the city clerk. A challenged person before voting shall subscribe to an oath and affidavit provided by the city clerk attesting to the fact that in each particular the person meets all the qualifications of a voter, that he or she is not disqualified, and that he or she has not voted in the same election. The person shall also state the place from which he or she came immediately before living in the precinct he or she now offers to vote, and the length of time of his or her residence in the former place. After the challenged person has taken the oath and signed the affidavit, the person may vote. If the challenged person refuses to take the oath or sign the affidavit, he or she may not vote.
(b) A challenged voter shall use a paper ballot. After the election judge removes the identification number from the ballot, the challenged voter shall insert the ballot into a small blank envelope, seal it and put the envelope into a larger envelope which shall also contain the oath and affidavit he previously signed. The large envelope shall be sealed, and the statements of asserted invalidity by the challenger shall be attached securely to the sealed envelope. The entire package shall be deposited in the ballot box. When the ballot box is opened, these packages shall be segregated and delivered to the board of the election. The merits of the challenge shall be determined by this board of the election during the counting of ballots.
(c) The board of the election, by a majority vote, may refuse to accept and count the ballot of a person properly challenged. If the ballot is thusly rejected, the large envelope shall be signed as “rejected” by a majority of the board of the election, and the chairman shall return a copy of the statement of the challenge to the disqualified voter and shall forward to the city clerk the large envelope labeled “rejected ballot.”
(d) If the challenged ballot is not rejected, the large envelope shall be opened, and the small inner blank envelope shall be placed in a container and mixed with other blank ballot envelopes. The mixed small blank envelopes shall be drawn from the container, opened, and the ballots counted according to the same rules of determining properly marked ballots.
(e) Any person who frivolously, maliciously or in bad faith challenges a voter or questions his or her ballot is guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than thirty days or fined not more than one hundred dollars, or both. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.100 Counting of ballots.
(a) The ballots shall be counted by the vote tabulation system selected by the clerk as may be otherwise set forth in this chapter.
(b) At no time during the tallying of votes may anyone but the election officials handle the ballots. The ballots shall not be marked in any way by anyone during the tallying.
(c) The opening of the ballot boxes and the counting of the ballots shall be accomplished in full view of any persons present. The public may not be excluded from the area in which the ballots are counted; however, the chairman of the election board shall not permit any person present to interfere in any way or to distract the appointed officials from their duty, and no person other than the appointed election officials may proceed beyond an area within ten feet of the ballots or may handle the ballots. No persons handling ballots may have any marking device in hand.
(d) The following rules apply to ballots tabulated by computer:
(1) The election officers shall make a preliminary inspection of the ballot cards, separating those obviously damaged or marked in a questionable manner.
(2) Notwithstanding any other provisions of this chapter, ballots may be tabulated by optical scanner or other ballot counting systems approved for use in state elections. The election supervisor may establish procedures for the use of such systems.
(3) After the preliminary inspection is complete, all the ballots shall be placed in the container provided and a seal affixed. The sealed container shall be delivered to the counting center by two or more election officials. If the election officials are unable personally to deliver the ballots to the counting center due to weather or road conditions, delivery may be arranged with all due and proper safeguards by the city police.
(e) The following rules apply to ballots tabulated by hand:
(1) Immediately following the closing of the polls and the disposition of unused ballots, the election officials shall open the ballot boxes and count the number of ballots cast.
(2) The number of ballots cast shall agree with the number of signatures on the precinct index, with necessary adjustments to account for the number of ballots required to present to each voter all of the offices and propositions on which he or she was entitled to vote.
(3) If a discrepancy exists which cannot be resolved, the board of election shall explain the discrepancy to the best of its ability to the city clerk.
(f) When the tally of votes is completed, a certificate of return supplied by the city clerk shall be prepared and signed by at least three (3) election judges. All ballots, together with the tally sheets and the certificate of return, and all papers and memoranda pertaining to the election, shall be replaced carefully in the ballot boxes, and the ballot boxes shall be locked securely by the election board. The locked ballot boxes, together with all keys, shall be delivered to the city clerk by two or more election judges. All of the election board judges shall execute a certification of the results of the vote to the city council on a form provided by the city clerk. (Ord. O-02-8-2 § 6, 2002; Ord. O-93-6-6 § 1 (part), 1994)
7.25.110 Determination of ballot marks.
The election board shall canvass hand counted ballots according to the following rules:
(a) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.
(b) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
(c) If a voter marks more names than there are persons to be elected to the office, the votes for candidates to that office shall not be counted.
(d) The mark shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square to be designated.
(e) Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made.
(f) An erasure or correction invalidates only that section of the ballot in which it appears.
(g) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purposes of identifying the ballot.
(h) Stickers bearing the candidate’s name may not be used on the ballot. (Ord. O-02-8-2 § 7, 2002: Ord. O-93-6-6 § 1 (part), 1994)
7.25.115 Counting of write-in votes.
(a) Write-in votes shall be counted for a candidate only if the aggregate of all votes cast for all write-in candidates for the particular office is:
(1) The highest number of votes received by any candidate for the office; or
(2) The second highest number of votes received by any candidate and the highest number of votes received by any candidate for the office is less than fifty percent of the total number of votes cast for all candidates for the office.
(b) Write-in votes that do not meet the requirements of this section may not be individually counted under this section. (Ord. O-13-06-07 § 5, 2013)
7.25.116 Tie votes.
If after a recount two or more candidates tie in having the highest number of votes for the same office, the city clerk shall notify the candidates who are tied. The city clerk 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 city clerk shall so certify. (Ord. O-13-06-07 § 6, 2013)
7.25.120 Canvasses and certification of election.
(a) On the first Thursday following the election, the city council shall canvass the returns, declare the election results, and record the results in the minutes of that meeting. The city council may declare the election results subject to further advice from the city attorney if it reasonably appears that a legal issue may exist.
(b) Upon final declaration of the election results by the city council, a written statement of the canvass shall be made and attested by the city clerk, and signed by the mayor. This written statement of the canvass shall contain the total number of votes cast at the election, the number of votes for each person for each office, and the names of each person elected to their designated office by the highest number of votes.
(c) Within two days of the filing of the written statement of the canvass, the city clerk shall prepare and sign a certificate of election for each person declared by the city council to be elected, and shall deliver the certification of election to the elected person upon his or her demand.
(d) A certificate of election is prima facie evidence of the facts contained therein, except that the city council reserves its full power and authority to decide all questions as to the qualifications and election of its own members. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.125 Authorization of recount application.
(a) A defeated candidate or ten qualified voters who believe there has been a mistake made by an election official or by the counting board in counting the votes in an election may file an application for a recount of the votes with the city clerk before or at the time of the first canvass of ballots by the city council. If there is a tie vote, the city clerk shall initiate the recount.
(b) The application shall state in substance the basis of the belief that a mistake has been made, the particular office, proposition, or question for which the recount is to be held, and that the person making the application is a candidate or that the ten persons making the application are qualified voters. The candidate or persons making the application shall designate by full name and mailing address two persons who shall represent the applicant and be present and assist during the recount. Any person may be named representative, including the candidate or any person signing the application. The candidate or persons making the application shall sign the application and shall print or type their full name and mailing address.
(c) Candidates, political parties, or organized groups having a direct interest in a recount and who are seeking to protect their interests during a recount may provide, at their own expense, two or more observers to witness the recount.
(d) If the city clerk determines that the application is substantially in the required form, the city clerk shall fix the date of the recount to be held within three days after the receipt of an application requesting a recount.
(e) The city clerk shall give the candidate or designated chairperson signing the application, the two or more persons appointed to represent the applicant during the recount, and other directly interested parties notice of the time and place of the recount by certified mail, telegraph, telephone, or facsimile.
(f) The vote counting procedure during any recount shall comply with the requirements of NCO Section 7.25.100. The ballots and other election material must remain in the custody of the city clerk during the recount, and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within one day. The city clerk may employ additional personnel necessary to assist in the recount. (Ord. O-13-06-07 § 7 (part), 2013)
7.25.126 Canvass and certification of results following recount.
No later than the first Thursday following completion of the recount the city council shall canvass the recounted votes and the city clerk shall certify the results as recounted in accordance with the procedures of NCO Section 7.25.120. There is no right to request a subsequent recount; however, the election as recounted may be contested in accordance with the procedures of NCO 7.25.130. (Ord. O-13-06-07 § 7 (part), 2013)
7.25.130 Election contest and appeal.
(a) An election may be contested only by a person qualified to vote in that particular municipal election, by his or her filing a written affidavit specifying with particularity the grounds for the contest or invalidity of election, before or at the time of the first canvass of ballots by the city council.
(b) The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant and 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.
(c) No person may appeal or seek judicial review of a municipal election for any cause or reason unless the person is qualified to vote in the city, has exhausted his administrative remedies before the city council, and has commenced within ten days after the council has finally declared the election results an action in the Superior Court in the Second Judicial District. If no such action is commenced within the ten-day period, the election and election results shall be conclusive, final and valid in all respects. (Ord. O-93-6-6 § 1 (part), 1994)
7.25.140 Insufficient plurality.
No person may hold the office of mayor of Nome, Nome school board, Nome joint utilities or the Nome common council as a result of any election, regular or special, without receiving a majority of the votes cast for the office. A majority is defined as forty percent plus at least one vote. In the event that no single candidate receives a majority, the two candidates receiving the most votes in the regular election shall have a run-off election on the first Tuesday of the month following the subject election to establish a winner. In the case of special election, the two candidates receiving the most votes shall have a run-off no more than thirty days subsequent to the special election. (Ord. O-19-10-01A, 2019: Ord. O-93-6-6 § 1 (part), 1994)