Chapter 2.45 ELECTIONS

All provisions of the Constitution of the United States, the Constitution of the State and any laws enacted pursuant to said Constitution affecting City elections are incorporated in this chapter as if fully set forth herein. [Ord. 03-2006-130 § 2 (5.10.010)].

2.45.020 Definitions.

(a) “City election” means any election: (1) to fill a City office; (2) to submit a proposition to the voters under the ordinances of the City; or (3) that the City is required by law to administer.

(b) “City office” means an elective office under the ordinances of the City.

(d) “Day” includes weekends and holidays.

(e) “Election” means a regular, runoff, or special City election.

(f) “Election official” means the City Clerk or designee and members of all election boards.

(g) “Immediate family of a person” means the spouse, mother, mother-in-law, stepmother, father, father-in-law, stepfather, sister, sister-in-law, stepsister, brother, brother-in-law, stepbrother, children, stepchildren, grandchildren, grandparents, or anyone who lives in that person’s household.

(h) “Lot” means the use of objects to make a determination or choice at random in order to select the winning candidate for office in the case of a tie vote in a runoff election. For example, flipping a coin, roll of a die, or drawing a high card.

(i) “Oath” means affirmation on penalty of perjury.

(j) “Precinct” means the territory established by the State within which resident voters may cast ballots at one polling place.

(k) “Proposition” means an initiative, referendum, or question submitted at an election to the public for vote.

(l) “Qualified voter” means any person who has the qualifications required by Article II of this chapter and is not disqualified under Article V of the Alaska State Constitution.

(m) “Questioned voter” means a voter whose name does not appear on the register in the precinct where he attempts to vote, a voter who has received an absentee ballot and does not turn it in when voting at his precinct on election day, a voter who does not bear identification or is not personally known to an election official though his name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing.

(n) “Regular election” means the annual election to fill City offices.

(o) “Registration” or “registered” refers to the form of registration required by AS Title 15. For City elections, a person is registered if registered to vote in State elections in the precinct in which that person seeks to vote 30 days prior to the City election.

(p) “Runoff election” is the election held to determine the candidate to be elected to office in the event of a tie vote and not conceded by either party that is tied.

(q) “Signature” includes any mark intended as a signature or subscription.

(r) “Special election” means any election, except runoff elections, held at a time other than when a regular election is held.

(s) “Swear” includes “affirm.”

(t) “Total votes cast” means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots which are counted as blank votes in a particular race and ballots which are counted as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.

(u) “Voter” means any person who seeks to vote, either in person or by absentee application or ballot. [Ord. 03-2006-130 § 2 (5.10.020)].

2.45.030 City Clerk to administer elections.

The City Clerk, or designee, in accordance with the provisions of this title, shall administer all City elections. [Ord. 03-2006-130 § 2 (5.10.030)].

2.45.040 Election times.

(a) Regular elections shall be held annually on the first Tuesday of October.

(b) The City Council may call special elections by appropriate resolution or ordinance at any time at least 75 days prior to the date of the election. Unless the City Council has set a date for a required special election, the City Clerk shall call a special election, within the time limits set by law, when required by law or ordinance to place an initiative, referendum, recall or other question before the voters.

(c) If two or more candidates receive the same number of votes cast for an office at the regular election, the City Council shall hold a runoff election between the tied candidates for the office unless all but one of the candidates withdraw. Runoff elections shall be held on the second Tuesday following the date the Council certifies the election. [Ord. 03-2006-130 § 2 (5.10.040)].

2.45.050 Precincts and polling places.

The precincts established by the State and set forth in the Alaska Administrative Code shall be the precincts for all elections. The City Clerk shall secure a polling place for each precinct for each election. Wherever practicable, the polling place shall be located within the precinct. [Ord. 03-2006-130 § 2 (5.10.050)].

2.45.060 Notice of elections.

(a) The City Clerk shall post a notice of each regular or special election in three public places within the City, the first such posting to be accomplished at least 30 days prior to the election. The City Clerk shall give such other notice to the public as may be required by the laws of the State of Alaska or by resolution or ordinance of the City Council.

(b) The notice of a runoff election shall be posted in three public places within the City at least five days before the election date.

(1) The type of election, whether regular, special, or runoff;

(2) The date of the election;

(3) The hours the polls will be open;

(4) The offices to which candidates are to be elected, if any;

(5) The subjects of propositions to be voted upon, if any;

(6) Voter qualifications and instructions for registration;

(7) Instructions for application for absentee voting;

(8) A reference to the Alaska Administrative Code (or regulations) for a legal description of precincts; and

(9) The locations of the precinct polling places. [Ord. 03-2006-130 § 2 (5.10.060)].

2.45.070 Votes required for election to office.

The candidate for a City Council seat receiving the greatest number of votes is elected. When more than one seat is to be filled from a list of candidates for City Council, the number of candidates equal to the number of vacancies, which receive the greatest number of votes, are elected. [Ord. 03-2006-130 § 2 (5.10.070)].

2.45.080 Nonpartisan requirement.

All City elections shall be nonpartisan. [Ord. 03-2006-130 § 2 (5.10.080)].

2.45.090 Sale of intoxicating beverages permitted.

The provisions of AS 04.16.070(a) do not apply within the limits of the City when elections are being held. [Ord. 03-2006-130 § 2 (5.10.090)].

2.45.100 Election supplies and equipment.

(a) Before the opening of the polls, the City Clerk shall furnish to the election board of each precinct the State voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct’s election, including those materials required by this section.

(b) The City Clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed on cards in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The City Clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place.

(c) The City Clerk may contract for the provision of specialized election materials and supplies without obtaining competitive bids. These specialized materials and supplies shall include, but not be limited to, ballots, election envelopes for absentee and questioned voting, election signs, election software, computer equipment and voting booths. [Ord. 03-2006-130 § 2 (5.10.100)].

2.45.110 Election expenses.

(a) The City shall pay all necessary expenses relating to the conduct of each City election.

(b) The City shall pay each election official for time spent performing election duties, including the receiving of instructions and posting of notices. Payment will be the same as the hourly rate received by State election officials fulfilling comparable duties in State elections. [Ord. 03-2006-130 § 2 (5.10.110)].

2.45.120 Preservation of election ballots, papers and materials.

The City Clerk shall preserve all precinct election certificates, tallies, registers, receipts for ballots, voted ballots and nominating petitions for one year after the election. These materials may be destroyed after their retention period has lapsed unless their destruction is stayed by an order of the court. Certificates of the canvass board are to be preserved as permanent records. [Ord. 03-2006-130 § 2 (5.10.120)].

Article II. Voter Qualifications

2.45.130 Voter qualifications.

A person is qualified to vote in City elections who is registered to vote in State elections at a residence address within the City of Saxman at least 30 days before the election at which the person seeks to vote. [Ord. 03-2006-130 § 2 (5.20.010)].

2.45.140 Rules for determining residence of voter.

For the purpose of determining residence for voting, the place of residence is governed by the rules set forth in AS 15.05.020. [Ord. 03-2006-130 § 2 (5.20.020)].

2.45.150 Who may vote.

The precinct election officials at any election shall allow a person to vote whose name is on the official registration list for that precinct and who is qualified under SMC 2.45.130. A person whose name is not on the official registration list shall be allowed to vote a questioned ballot. [Ord. 03-2006-130 § 2 (5.20.030)].

Article III. Candidate Qualifications

2.45.160 Candidate qualifications.

All elected officials of the City shall be elected at the regular election in such years as the respective current term of the office to which they seek election shall expire. No person shall hold any elective City office or be eligible to seek election unless he is a qualified voter of the City. [Ord. 03-2006-130 § 2 (5.30.010)].

2.45.170 Declaration of candidacy – Form and filing.

(a) A person who wishes to become a candidate for an elected office shall complete and file a declaration of candidacy. The declaration shall be completed under oath before the City Clerk and on a form provided by the City Clerk. The declaration shall state definitely:

(1) The full name of the candidate, and the manner in which the candidate’s name is to appear on the ballot;

(2) The full residence and mailing addresses of the candidate;

(3) A statement that the candidate is qualified to fill the office as provided by law and the candidate’s willingness to do so;

(4) The date and notarized signature of the candidate certifying the information contained in the declaration of candidacy is true and accurate;

(5) Any other information that the City Clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law.

(b) Declaration of candidacy forms shall be provided by the City Clerk not earlier than 10 days prior to the opening of the filing period.

(c) Declarations of candidacy shall be completed and filed with the City Clerk from August 1st through August 25th, 5:00 p.m. Should August 25th be a Saturday or Sunday, then candidates shall have until noon on the first Monday following to file their declarations of candidacy.

(d) If an office is to be filled for an unexpired term at a special election, declaration of candidacy forms shall be provided by the City Clerk not later than 60 days prior to the special election and must be filed not later than 30 days before the special election.

(e) The City Clerk will maintain a record containing the name and address of every person who filed a declaration of candidacy and also the date and time of the filing. [Ord. 03-2006-130 § 2 (5.30.020)].

2.45.180 Correction, amendments and withdrawal of declaration of candidacy.

(a) Any candidate nominated may withdraw his declaration of candidacy at any time during the period for filing declarations of candidacy by appropriate written notice to the City Clerk. However, after the period for filing declarations of candidacy has closed, no declaration of candidacy may be corrected, amended or withdrawn.

(b) Any declaration of candidacy filed with the City Clerk shall not be changed as to term of office. A new declaration of candidacy shall be requested from the City Clerk if a candidate desires to file for a different seat. [Ord. 03-2006-130 § 2 (5.30.030)].

2.45.190 Review of candidate qualifications.

The City Clerk shall determine whether each candidate for City office is qualified as provided by law. At any time before the election the City Clerk may disqualify any candidate whom the City Clerk finds is not qualified and immediately notify that candidate by certified mail. A candidate who is disqualified may request a hearing before the City Clerk within five days of receiving the notice. The hearing shall be held no later than five days after the request unless the candidate agrees in writing to a later date. [Ord. 03-2006-130 § 2 (5.30.040)].

2.45.200 Notice of offices to be filled.

No later than July 15th of each year the City Clerk shall post in three public places within the City a notice of offices to be filled at the regular election and the procedure for filing for office. [Ord. 03-2006-130 § 2 (5.30.050)].

Article IV. Ballots

2.45.210 Ballot form.

(a) Ballots shall be prepared in the manner prescribed by law for State elections, insofar as such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series to assure simplicity and secrecy and to prevent fraud.

(b) All candidates to the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office, and provision shall be made for write-ins equal in number to the positions to be filled for each office. The names of candidates shall be printed as they appear upon the nominating petitions except that any honorary or assumed title or prefix shall be omitted. The words “Vote for not more than _____,” with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. The ballot shall be designed with the position of names of the candidates set out in the same order in each section on each ballot used in that election. The order for placement on the ballot of the names of the candidates for each office shall be established by the random drawing of each name by the City Clerk after the filing period closes.

(c) Following the offices and candidates, there shall be placed on the ballot or on separate ballots as determined by the City Clerk all propositions or questions to be voted on. The words “YES” and “NO” shall appear below each proposition.

(d) Each ballot shall bear the words “Official Ballot,” and the date of the election.

(e) The City ballot may be combined with the ballot of any other political entity holding an election at the same time within the City or any portion thereof. [Ord. 03-2006-130 § 2 (5.40.010)].

2.45.220 Sample ballots.

The City Clerk shall have sample ballots printed on tinted paper identical in form to the official ballots to be used in each election. Sample ballots shall be distributed for each polling place identical to official ballots to be used at that polling place; and sample ballots identical to all official ballots for the election shall be retained in the City Clerk’s office for distribution to the public on request. [Ord. 03-2006-130 § 2 (5.40.020)].

2.45.230 Preparation and distribution.

(a) The City Clerk shall obtain the printing of all ballots for City elections. The City Clerk shall possess the printed ballots at least 20 days before each regular or special election, and shall possess the printed ballots at least 10 days before a runoff election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his authorized agent, and any discovered mistake shall be corrected immediately.

(b) The City Clerk shall arrange for sufficient sample and official ballots for the registered voters of each precinct to be delivered to the election boards on or before the date of the election before the opening of the polls. A receipt for the ballots shall be taken from the election board to which they are delivered. [Ord. 03-2006-130 § 2 (5.40.030)].

2.45.240 Propositions – Clarity – Conciseness.

All ballot propositions shall be stated in concise and clear language to avoid verbosity and with the object of informing and advising the voter of the issue in a clear and forthright manner. All ballot propositions shall be stated in the affirmative and not the negative so that a yes vote will always mean that the voter approves of the affirmative of a position and not the negative and a no vote disapproves the affirmative statement of an issue. Ballot propositions shall not be used to obtain a negative result by the casting of a yes vote. Words of multiple syllables will be avoided in ballot propositions, and simple sentences shall be used in preference to complex or compound sentences, with the object of making ballot propositions understandable to the average reader. [Ord. 03-2006-130 § 2 (5.40.040)].

Article V. Operation of Polls

2.45.250 Election officials.

(a) Before each election, the City Council shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The City Clerk shall designate one election official from each precinct as the chair, who shall be primarily responsible for administering the election in that precinct.

(b) The City Clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election.

(c) If any appointed election official is not able or refuses to serve on election day, the election board may appoint a replacement for that official.

(d) Each election official serving at a precinct polling place must be a qualified voter of the City and shall be a voter of the precinct for which appointed, unless no voter is willing to serve.

(e) All election officials, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State in the manner prescribed by the City Clerk.

(f) Candidates or members of the candidate’s immediate family shall not serve as election officials for an election in which the candidate has filed a declaration of candidacy. If the City Clerk knows or learns that any of these relationships exist, the election official shall be notified and replaced.

(g) Election procedure training shall be provided to all members of election boards prior to each regular election. [Ord. 03-2006-130 § 2 (5.50.010)].

2.45.260 Opening of polling place.

(a) On the day of the election, each election board shall open and close the polls in accordance with the hours established by the State for State general elections and shall keep the polls continuously open during the time between those hours. The chair of the election board shall rotate times at which election officials may be relieved for breaks or meals; provided, however, that at all times at least three election officials from the election board are present at the polling place.

(b) Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the empty ballot box to be used at the polling place. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. [Ord. 03-2006-130 § 2 (5.50.020)].

2.45.270 Voter register.

The election officials shall keep an original register or registers in which each voter before receiving a ballot shall sign the voter’s name. A record shall be kept in the registration book, in a space provided, of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote. If any election official present believes the voter is not qualified, the election official may question the vote in accordance with the provisions of this chapter. [Ord. 03-2006-130 § 2 (5.50.030)].

2.45.280 Voter identification at polls.

(a) Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including but not limited to an official voter registration card, driver’s license, passport, hunting or fishing license, or other form of identification as prescribed by regulation.

(b) An election official may waive the identification requirement if the election official knows the identity of the voter by both first and last name.

(c) A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a questioned ballot. [Ord. 03-2006-130 § 2 (5.50.040)].

2.45.290 Persons not on official registration list.

If a person’s name does not appear on the official registration list in the precinct in which the person seeks to vote, the person may vote a questioned ballot. [Ord. 03-2006-130 § 2 (5.50.050)].

2.45.300 Providing ballot to voter.

When a voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot. [Ord. 03-2006-130 § 2 (5.50.060)].

2.45.310 Assisting voter.

A qualified voter needing assistance in voting may request an election official or not more than two persons of the voter’s choice to assist. If the election official is requested, the election official shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that the person will not divulge the vote cast by the person assisted. [Ord. 03-2006-130 § 2 (5.50.070)].

2.45.320 Spoiled ballots.

If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and the election official shall provide another ballot, with a maximum of three. The election official shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it. [Ord. 03-2006-130 § 2 (5.50.080)].

2.45.330 Placing ballot in ballot box.

When the voter has marked the ballot, the voter shall deposit the ballot in the ballot box in the presence of the election official unless the voter requests the election official to deposit the ballot on the voter’s behalf. [Ord. 03-2006-130 § 2 (5.50.090)].

2.45.340 Questioning procedure.

(a) Every election official shall question, and every watcher and any other person qualified to vote in the precinct, or qualified to vote in the particular election involving less than an entire precinct in the case of service areas, may question, a person attempting to vote if the questioner has good reason to suspect that the person is not qualified to vote in the election. All questions regarding a person’s qualifications to vote shall be made in writing, setting out the reason that the person has been questioned.

(b) The questioned person, before voting, shall subscribe to a declaration on a form provided by the election official attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath or affirmation, the person shall not vote.

(c) A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. [Ord. 03-2006-130 § 2 (5.50.100)].

2.45.350 Closing of the polls.

(a) Fifteen minutes before the closing of the polls, and at the time of closing the polls, an election official shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. After closing, no person will be allowed to enter the polling place for purposes of voting. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

(b) When the polls are closed and the last vote has been cast, the election board shall account for all ballots by completing a ballot statement containing, in a manner prescribed by the City Clerk, the number of official ballots supplied.

(c) The election board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the ballot statement and the ballots delivered to the City Clerk. [Ord. 03-2006-130 § 2 (5.50.110)].

2.45.360 Prohibitions.

(a) During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty.

(b) During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. The election officials shall post warning notices in the form and manner prescribed by the City Clerk.

(c) No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot, except as provided in SMC 2.45.310.

(d) While the polls are open no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

(e) No person may leave the polling place with the official ballot that the person received to mark.

(f) Violations of subsections (a) through (e) of this section are punishable by a fine of up to $300.00 per violation. [Ord. 03-2006-130 § 2 (5.50.120)].

2.45.370 Unused ballots.

The number of ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the City Clerk before the ballot box is opened. The numbers of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved as set forth in SMC 2.45.320. [Ord. 03-2006-130 § 2 (5.50.130)].

Article VI. Ballot Counting Procedures

2.45.380 Commencement of ballot count.

(a) The opening of the ballot box and the counting of ballots shall be accomplished in full view of any persons present. The public may not be excluded from the area in which ballots are counted. However, the election officials shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties and no one other than appointed election officials may handle the ballots.

(b) For counting of paper ballots, when the polls are closed and the last vote has been cast, the election board shall immediately proceed to open the ballot box, separate the questioned ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournment until the count is complete. The City Clerk may authorize the appointment of additional election officials to assist in the counting of ballots. If an appointed election official fails to appear and subscribe to the oath at the time designated by the City Clerk, the election board may appoint any qualified voter to fill the vacancy.

(c) In optical scan or other computer-read or electronic ballot precincts, when the polls have closed and the last vote has been cast, the election board shall immediately open the ballot box, separate questioned and write-in ballots from other ballots cast, place all ballots in the containers provided, and proceed with the ballot accountability and poll closing procedures provided by the City Clerk. [Ord. 03-2006-130 § 2 (5.60.010)].

2.45.390 General procedure for ballot count.

(a) The City Clerk may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; and (4) the number of official ballots unused and destroyed. The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by the City Clerk.

(b) Ballots may not be counted before the polls are officially closed on the day of the election. [Ord. 03-2006-130 § 2 (5.60.020)].

2.45.400 Rules for hand counting ballots.

(a) The election board shall hand count ballots according to the following rules:

(1) A voter may mark his ballot with a cross mark, “X” mark, diagonal, horizontal or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the marking device provided at the polling place or with any black- or blue-inked marker. The marks will be counted only if they are clearly spaced in the square or oval opposite the name of the candidate the voter desires to designate.

(2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

(3) 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.

(4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted.

(5) The mark specified in subsection (a)(1) of this section shall be counted only if it is substantially inside the square or oval provided, or touching the square or oval so as to indicate clearly that the voter intended the particular square marked.

(6) Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly marked.

(7) An erasure or correction invalidates only that section of the ballot in which it appears.

(b) The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. [Ord. 03-2006-130 § 2 (5.60.030)].

2.45.410 Write-in votes.

(a) Write-in votes shall not be tallied except:

(1) If the person running as a write-in candidate has, at least before 5:00 p.m. of the day before the election, filed a declaration that they are willing to assume the office if elected; or

(2) If the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot.

(b) In order to vote for a write-in candidate, the voter must, in the space provided, write in the candidate’s name exactly as the candidate’s name appears on the candidate’s declaration filed with the City Clerk. In addition, the voter must mark the square or oval opposite the candidate’s name in accordance with SMC 2.45.400. Stickers shall not be used.

(c) 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 purpose of identifying the ballot.

(d) Write-in votes cast by writing in a nickname, abbreviated name, misspelled name or other similar deviation from the name of a candidate as it appears on the candidate’s declaration filed with the City Clerk shall not be counted as a vote for that candidate. Such votes shall be counted as cast for another person of a different name. Write-in votes for persons who have not filed a declaration shall be counted by tallying write-in votes containing variations in spelling of a person’s name as if each variation in spelling is a separate person of a different name. In order to be elected, a write-in candidate must receive the number of votes required by the City Code, all of which are spelled exactly the same. [Ord. 03-2006-130 § 2 (5.60.040)].

2.45.420 Disqualified candidate.

Votes cast for a candidate who is disqualified shall not be counted. The only exception is to determine the number of total votes cast for a seat. [Ord. 03-2006-130 § 2 (5.60.050)].

2.45.430 Tally of votes.

(a) Tally of Votes Cast by Paper Ballots. The City Clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes according to the rules for determining marks on ballots prescribed in SMC 2.45.400. The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the container for delivery to the City Clerk may remove a ballot from the immediate vicinity of the polls or have a marking device in hand.

(b) Voting Tabulation Systems. Upon closing of the polls the election board shall print results tapes, sign the tapes, and return tapes and memory card to the City Clerk as set out in the election procedures. The results tapes serve as precinct certificates of election. [Ord. 03-2006-130 § 2 (5.60.060)].

2.45.440 Completion of ballot count.

When the tally of hand counted ballots is completed the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the City Clerk. The certificate and all ballots properly cast shall be delivered to the City Clerk. To assure adequate protection the City Clerk shall prescribe the manner in which the ballots, registers and all other election records and materials are thereafter preserved, transferred and destroyed. [Ord. 03-2006-130 § 2 (5.60.070)].

2.45.450 Other ballot counting systems authorized.

Nothing in this chapter prohibits the use of other ballot counting systems which have been approved for use in State elections. The City Clerk, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted by the State for use in State elections. [Ord. 03-2006-130 § 2 (5.60.080)].

Article VII. Absentee Voting

2.45.460 Administration of absentee voting.

The City Clerk shall provide general administrative supervision over the conduct of absentee voting. The City Clerk shall make available instructions to absentee voters regarding the procedure for absentee voting. [Ord. 03-2006-130 § 2 (5.70.010)].

2.45.470 Designation of absentee voting officials.

The City Clerk may appoint other city clerks or any person qualified to vote in State elections to act as absentee voting officials. The City Clerk shall supply adequate voting supplies and ballots to the absentee voting officials. After taking an oath in the form required of election officials, an absentee voting official may perform all the duties of an election official with respect to the issuance, witnessing and receipt of absentee ballots at such places and times as the City Clerk may designate. Each absentee voting official shall transmit the dated envelopes containing the marked ballots to the City Clerk in the manner set forth in the written instructions provided by the City Clerk. Upon receipt of the absentee ballots, the City Clerk shall hold the ballots in a secure location until they can be transferred to the canvass board along with the absentee in person registers and other election materials received from the absentee voting official. [Ord. 03-2006-130 § 2 (5.70.020)].

2.45.480 Eligibility.

At any election a qualified voter may vote an absentee ballot for any reason. [Ord. 03-2006-130 § 2 (5.70.030)].

2.45.490 Fee prohibited.

No person may receive a fee from the voter for attesting to any voter’s certificate required in voting absentee. [Ord. 03-2006-130 § 2 (5.70.040)].

2.45.500 Materials for absentee voting.

The City Clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, and shall provide a larger envelope, with the prescribed voter’s certificate on the back, in which the secrecy sleeve with ballot enclosed shall be placed. The City Clerk shall provide the form of and prepare the voter’s certificate which shall include an oath that the voter is a qualified voter in all respects, a blank for the voter’s signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the attesting official or witness, and a place for recording the date the envelope was sealed and witnessed. [Ord. 03-2006-130 § 2 (5.70.050)].

2.45.510 Absentee voting in person.

(a) Absentee voting in person before an election official shall not begin prior to 15 days before a regular or special election. A qualified voter may apply in person for an absentee ballot at the office of the City Clerk during regular office hours, or the voter may apply to the nearest City Clerk’s office or absentee voting official in his area during regular office hours.

(b) On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this chapter, the City Clerk shall issue the ballot to the applicant.

(c) The voter shall proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, and to place the secrecy sleeve in the larger envelope in the presence of the election official, who shall sign as attesting official and date his signature. The election official shall then accept the ballot.

(d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide him with, another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The number of all ballots destroyed shall be noted on the ballot statement.

(e) Each absentee voting official shall keep a record of the names and the signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast. [Ord. 03-2006-130 § 2 (5.70.060)].

2.45.520 Absentee voting by mail.

(a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first of the year in which the election is to be held, nor less than seven days before an election. All applications for an absentee ballot by mail shall be either on a form provided by the City Clerk’s office or in a letter containing the following information:

(1) The applicant’s full Alaska residence address;

(2) The address to which the applicant desires the absentee ballot to be mailed;

(3) The applicant’s signature;

(4) A voter identifier such as voter number, the last four digits of the Social Security number, Alaska driver’s license number, Alaska State identification number, or date of birth.

A request may be made by facsimile, scanning, or other electronic transmission. Another individual may apply for an absentee ballot on behalf of a qualified voter if that individual is designated to act on behalf of the voter in a written general power of attorney or a written special power of attorney that authorizes the other individual to apply for an absentee ballot on behalf of the voter.

(b) After receipt of an application by mail, the City Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the City Clerk.

(c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, place the ballot in the secrecy sleeve, place the secrecy sleeve in the larger envelope, and sign the voter’s certificate on the back of the larger envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of 18 years.

(d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, the most expeditious mail service shall be used and the ballot mailed not later than the day of the election to the City Clerk.

(e) The City Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed, the date on which the ballot is received by the City Clerk and the dates on which the ballot was executed and postmarked. [Ord. 03-2006-130 § 2 (5.70.070)].

2.45.530 Absentee voting by electronic transmission.

(a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not less than the day immediately preceding the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven days prior to the election, the ballot will be mailed in the manner provided in SMC 2.45.520 for absentee ballots by mail. The City Clerk will provide reasonable conditions for electronically transmitting absentee ballots.

(b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable.

(1) Contain the following statement:

I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible.

followed by the voter’s signature and date of signature; and

(2) Be accompanied by a statement executed under oath as to the voter’s identity; the statement under oath must be witnessed by a United States citizen who is 18 years of age or older.

(d) The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the City Clerk. The ballot may not be counted unless it is received by the beginning of the canvass board meeting.

(e) A voter who returns the absentee ballot by electronic transmission must comply with the same deadlines as for voting in person on or before the closing hour of the polls.

(f) When a completed absentee ballot is received by electronic transmission, the City Clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on election day, the time of receipt. The City Clerk will then:

(1) Remove the ballot portion of the transmission from the portion that identifies the voter;

(2) Place the ballot portion in a secrecy sleeve;

(3) Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope;

(4) Attach the voter identification portion to the outer envelope; and

(5) Forward the outer sealed envelope to the canvass board for review.

(g) An electronically transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the City Clerk, a member of the City Clerk’s staff, an election official in the course of his or her duties, or an attorney advising the City Clerk on legal questions concerning the ballot. [Ord. 03-2006-130 § 2 (5.70.080)].

2.45.540 Special needs voting.

A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for in accordance with the rules adopted by the State for use in State elections and in effect at the time of the local election. [Ord. 03-2006-130 § 2 (5.70.090)].

2.45.550 Counting of ballots.

(a) To be counted in the election, an absentee ballot must be postmarked on or before election day and be received by the City Clerk no later than the beginning of the canvass board meeting. Absentee ballot envelopes received after that time shall not be opened, but shall be marked “invalid” with the date of receipt noted thereon. Such envelopes shall be retained with the other election records and destroyed with them as provided by the City’s records retention schedule.

(b) Absentee ballot envelopes shall be examined by the canvass board, who shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast. [Ord. 03-2006-130 § 2 (5.70.100)].

2.45.560 Names of absentee voters.

The City Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent under this article. The record must list the date on which the ballot is mailed or provided by electronic transmission and the date on which the ballot is received by the City Clerk. The record shall be available for public inspection. [Ord. 03-2006-130 § 2 (5.70.110)].

Article VIII. Canvassing and Certification of Election Results

2.45.570 Canvass board.

The City Council shall act as the canvassing board. [Ord. 03-2006-130 § 2 (5.80.010)].

2.45.580 Canvass of returns.

(a) No later than the Friday following each election, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements. In full view of those present, the election canvass board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted, and shall compile the total votes cast in the election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct’s certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the canvass board. A mistake which has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the canvassing board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question.

(b) Upon completion of the canvass, the canvassing board shall prepare a final certificate of the results of votes cast by absentee and questioned ballots and of votes cast by regular ballot, and shall prepare a written report of the results to be submitted to the City Council. [Ord. 03-2006-130 § 2 (5.80.020)].

2.45.590 Procedures for handling absentee and questioned ballots.

(a) Absentee Ballots. The large envelope shall be opened and the secrecy sleeve containing the ballot shall be placed in a container and mixed with other absentee ballot secrecy sleeves. The mixed secrecy sleeves shall be drawn from the container and the ballots removed, and the ballots shall be counted according to the rules for determining properly marked ballots.

(b) Questioned Ballots. The canvassing board by majority vote may refuse to accept the question and count the ballot of a person properly questioned. If the ballot is not refused, the large envelope shall be opened, and the secrecy sleeve shall be placed in a container, mixed with other absentee ballot secrecy sleeves and counted the same as absentee ballots. If the board accepts the question, the ballot envelope shall not be opened and shall be placed in a separate envelope with the statement of the basis for the accepted question. The envelope shall be labeled “rejected ballots” and shall be preserved with other voted ballots.

(c) No absentee ballot shall be counted if the voter failed to properly execute the certificate, or if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature.

(d) After certification of the election, persons who voted an absentee or questioned ballot which was not counted by the canvass board shall be provided a written explanation of the reason their vote was not counted. [Ord. 03-2006-130 § 2 (5.80.030)].

2.45.600 Voters not on official registration list.

A person whose registration has been cancelled under AS 15.07.130 and who votes a questioned ballot shall not have the ballot counted. [Ord. 03-2006-130 § 2 (5.80.040)].

2.45.610 Determination of tie votes.

(a) If two or more candidates tie in having the same number of votes for the same office and their standing is such that one of them can be elected, the canvass board shall immediately proceed with a recount of votes cast for those candidates. No recounts will be conducted for ties involving candidates that did not receive enough votes to be elected. The recount shall be conducted in accordance with Article VI of this chapter.

(b) If there is still a failure to elect because of a tie vote in a runoff election after completion of the recount, the election shall be determined fairly, by lot, from among the candidates tying, in a meeting of the City Council and under its direction. After the determination has been made by lot, the City Council shall certify the result. [Ord. 03-2006-130 § 2 (5.80.050)].

2.45.620 Certification of the election results.

(a) As soon as possible after completion of the canvass, but no later than the first Monday following the election, the City Council shall meet in public session to receive the report of the canvass board. If, after considering the report, the City Council determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting, together with the total number of votes cast for each candidate and for or against each proposition or question.

(b) If the canvass board reports that a failure to comply with provisions of State law and City ordinances or an illegal election practice has occurred, and that such failure is sufficient to change the outcome of the election, then the City Council may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns, or may declare the entire election invalid and order a new election.

(c) If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the City Council may order a recount of votes cast in said precinct or precincts. Such recount shall be held in accordance with the procedures outlined in Article VI of this chapter and the results shall be reported to the City Council. The City Council shall meet as soon as possible to certify the results of the election recount.

(d) Upon certification of a valid election, the City Clerk shall deliver to each person elected to office a certificate of election, signed by the City Clerk and authenticated by the seal of the City. [Ord. 03-2006-130 § 2 (5.80.060)].

Article IX. Election Recount

2.45.630 Recount application.

A defeated candidate, or 10 qualified voters who believe there has been a mistake made by an election official or by the canvass board in counting the votes in an election, may file an application for a recount with the City Clerk no later than 5:00 p.m. on the day scheduled for the certification of the election results or by delivering the application for recount to the City Council at its meeting held to certify the election returns. The date on which the City Clerk receives an application rather than the date of meeting or transmission determines whether the application was filed within the time allowed under this section. [Ord. 03-2006-130 § 2 (5.90.010)].

2.45.640 Form of application.

(a) A recount application shall state in substance the basis of the belief that a mistake has been made and shall identify the particular precinct, office, proposition or question for which the recount is requested to be held and shall state that the person making the application is a candidate or that the 10 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 during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by 10 qualified voters shall also include the designation of one of the number as chairman. The candidate or persons making the application shall sign the application and shall print or type their full name and mailing address.

(b) The application shall include a deposit in cash or by certified check for $100.00. The deposit shall be applied against any costs incurred or refunded if there is no liability for recount costs. [Ord. 03-2006-130 § 2 (5.90.020)].

2.45.650 Date of recount – Notice.

(a) 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 of the votes in a City election after it has been initiated under SMC 2.45.660.

(b) The City Clerk shall give the recount applicant and other directly interested parties notice of the time and place of the recount by certified mail, by telegram, by telephone or by electronic transmission. [Ord. 03-2006-130 § 2 (5.90.030)].

2.45.660 Procedure for recount.

(a) If a recount of ballots is demanded, the City Clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots for those precincts cited in the application for recount.

(b) In conducting the recount, the recount board shall review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administrative convenience, the City Clerk may join and include two or more applications in a single review and count of votes. The rules governing the counting of marked ballots shall be followed in the recount.

(c) The ballots and other election materials shall 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 10 days. [Ord. 03-2006-130 § 2 (5.90.040)].

2.45.670 Certification of recount result.

Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the City Council. The City Council shall abide by procedures for issuing a certificate of the election as set forth in this chapter. [Ord. 03-2006-130 § 2 (5.90.050)].

2.45.680 Return of deposit and apportionment of expenses upon recount.

If, upon recount, a different candidate or position on a proposition or question is certified or if the vote on recount is two percent or more in excess of the vote originally certified for the candidate or position on a proposition or question supported by the recount application, the entire deposit shall be refunded to the recount applicant. If this section does not require that the entire deposit be refunded, the City Clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If it is determined that the contestant shall bear the costs of the recount pursuant to this section and the deposit is insufficient to cover the costs, the City may recover the excess costs from the contestant. If the recount is obtained by petition of 10 or more voters, each of them shall be individually liable for the whole amount of such expense. [Ord. 03-2006-130 § 2 (5.90.060)].

2.45.690 Appeal or judicial review.

A candidate or any 10 qualified voters who requested a recount who have reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the Superior Court within 10 days after the City Council has concluded that said election was validly held and the results entered upon the minutes. If no such action is commenced within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects. [Ord. 03-2006-130 § 2 (5.90.070)].

Article X. Contest of Election

2.45.700 Grounds for election contest.

A candidate or 10 qualified voters may contest the election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds:

(a) Malconduct, fraud or corruption by an election official sufficient to change the result of the election;

(b) The person elected is not qualified under law or ordinance;

(c) Existence of a corrupt election practice as defined by the laws of the State of Alaska sufficient to change the result of the election. [Ord. 03-2006-130 § 2 (5.100.010)].

2.45.710 Contest procedure.

(a) Notice of contest of an election shall be submitted in writing to the City Clerk before 5:00 p.m. on the day of the meeting scheduled for certification of the election or to the City Council at its meeting to certify the election returns. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:

NOTICE OF ELECTION CONTEST

The undersigned contest the regular (or special) election of the City of Saxman Election held on the _____ day of __________ 20__. The grounds for the contest are as follows:

_________________________________

________________________________

Signature of Candidate or Persons Contesting Election

SUBSCRIBED AND SWORN to before me this _____ day of __________, 20__.

/s/______________________________

Notary Public for Alaska

(b) Upon receiving a notice of contest, the City Council shall order an investigation be conducted by the City Clerk and City Attorney or such other persons as the City Council deems appropriate. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings.

(c) If the contest involves the eligibility of voters, the City Council shall direct the City Clerk to recheck the most current State registration lists. After considering the reports of the investigating officials and any other proof, the City Council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the City Council may so declare and determine the election valid.

(d) If the contest involves other prohibited election practices which are shown to have taken place, the City Council in certifying the election returns shall exclude the vote of the precincts where such practices occurred. If it is determined that such exclusion could not affect the election results, the City Council shall declare the election valid and certify the results pursuant to this chapter.

(e) Unless the grounds for which the contest was brought are determined to be valid, the contestant or the contestants shall be individually liable for the whole amount of the expenses incurred by the City in its investigation and deliberation of the election contest. [Ord. 03-2006-130 § 2 (5.100.020)].

2.45.720 Appeal or judicial review.

A defeated candidate or any 10 qualified voters who contested an election may bring an action in superior court within 10 days after the City Council has concluded that said election was validly held and the results entered upon the minutes. If no such action is commenced within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects. [Ord. 03-2006-130 § 2 (5.100.030)].