Chapter 2.36 ELECTIONS

“Immediate family” means a candidate’s grandparents, parents, children, grandchildren, siblings, spouse, spouse’s children, spouses of children, or a regular member of the candidate’s household.

“Oath” means any form of attestation by which a person signifies the person is bound in conscience to perform and act faithfully and truthfully. “Oath” includes affirmation.

“Precinct” means the territory within which resident voters may cast votes at one polling place.

“Proposition” means an initiative, referendum, recall, or other issue submitted to the public at an election.

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

“Questioned voter” means a voter:

1. Whose name does not appear on the register in the precinct where the voter attempts to vote;

2. Who has received an absentee ballot and does not turn it in when voting at the voter’s precinct on election day;

3. Who does not bear identification or is not personally known to an election official though the voter’s name appears on the precinct register; or

4. Who is questioned for good cause at the polls in writing pursuant to this chapter.

“Registration” or “registered” refers to the form of registration required for city elections by this chapter.

“Regular ballot” means a ballot voted at the polls which is not a questioned or an absentee ballot.

“Regular election” means the city election held on the first Tuesday of October annually, unless a different date or interval of years is provided by ordinance.

“Signature” or “subscription” includes a mark intended as a signature or subscription.

“Special election” means any election held at a time other than when a regular election is held.

“Swear” includes “affirm.”

“Voter” means a person who is qualified to vote under Section 2.36.010. (Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.010 Voter qualifications.

A person may vote in a city election only if the person is:

A. Qualified to vote in state elections under AS 15.05.010;

B. A resident of the municipality for thirty days immediately preceding the election;

C. Registered to vote in state elections at a residence address within the city limits at least thirty days before the city election at which the person seeks to vote; and

D. Is not disqualified under Article V of the Alaska Constitution or AS 15.05.030. (Ord. 2002-04 §2(part))

2.36.020 Residence criteria.

When determining residency for the purpose of qualifying voters the following criteria will apply:

A. No person may be considered to have gained a residence solely by reason of his or her presence nor may he or she lose it solely by reason of his or her absence while in the civil or military service of the state or of the United States, or of his or her absence because of marriage to a person engaged in the civil or military service of the state or the United States, while a student at an institution of learning, while in an institution or asylum at public expense, while confined in public prisons, while engaged in the navigation of waters of the state, of the United States or of the high seas, or while residing upon an Indian, Native Alaskan or military reservation.

B. The residence of a person is that place in which his or her habitation is fixed, and to which, whenever he or she is absent, he or she has the intention to return. If a person resides in one place but does business in another, the former is his or her place of residence. Temporary construction camps do not constitute a dwelling place.

C. A change of residence is made only by the act of moving joined with the intent to remain in another place. There can only be one residence.

D. A person does not lose his or her residence if he or she leaves his or her home and goes to another country, state or place in Alaska for temporary purposes only and with the intent of returning.

E. A person does not gain residency by virtue of coming to the city without the present intention to establish his or her permanent dwelling in the city.

F. A person loses his or her residence in the city if he or she votes in an election of another municipality or state, either in person or by absentee ballot, and will not be eligible to vote in a city municipal election until he or she again qualifies under this chapter.

G. The term of a person’s residence is computed by including the day on which the person’s residence begins and excluding the day of the election. (Ord. 2002-04 §2(part))

2.36.025 Nonpartisan nature of city elections.

All city elections shall be nonpartisan. (Ord. 2002-04 §2(part))

2.36.030 Registration required.

No person shall be entitled to vote at any city election who is not registered as provided in this chapter. (Ord. 2002-04 §2(part))

2.36.035 Time off for voting.

A qualified voter who does not have sufficient time outside working hours within which to vote at a city election may, without loss of pay, take off as much working time as will enable voting. If any employee has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee’s regular working shift, or between the end of the regular working shift and the closing of the polls, the employee shall be considered to have sufficient time outside working hours within which to vote. (Ord. 2002-04 §2(part))

2.36.040 Precincts and voting places. Revised 7/18

Voting precincts shall be the same as in the state elections, consisting of a Utqiaġvik precinct and a Browerville precinct. The polling place for each precinct shall be located within the precinct. (Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.050 Election board, judges, clerks, counters.

A. There shall be an election board for each precinct in the city composed of three judges appointed by the city clerk. The judges shall be qualified voters of their respective precincts. The city clerk shall designate one of the judges chair of the election board, and the chair shall be primarily responsible for the administration of the election in the precinct. The city clerk shall also appoint from among the qualified voters of a precinct one or two assistants to the election judges for each precinct. The chair of the board may appoint not more than four counters of ballots in each precinct from among the qualified voters of the precinct, and only if the city clerk authorizes it. All city election officials shall be appointed without regard to their membership in any political party.

B. The judges and assistants, if any, shall be appointed at least two weeks before the election at which they are to serve, and the appointees shall accept their appointments in writing at least one week before the election; but this shall not prohibit filling vacancies at any later time. (Ord. 2002-04 §2(part))

2.36.060 Compensation of election officials.

Election officials shall be paid such compensation as the council may determine by motion, resolution or ordinance. (Ord. 2002-04 §2(part))

2.36.070 Watchers.

A. Each candidate for elective office may appoint one watcher for each precinct.

B. If approved by the clerk, an organization or organized group that sponsors or opposes an initiative, referendum or recall on the ballot in a particular election may appoint one watcher for each precinct.

C. Watchers shall be issued identification cards by the clerk which shall be produced if requested by election officials. Watchers may be present at a position inside the place of voting or counting that affords a full view of action taken by election officials from the time the polls are opened, and also while ballots are counted and election results certified. Watchers shall not interfere with the election process and may not handle election supplies or materials. A watcher who creates a public disturbance shall be removed. (Ord. 2002-04 §2(part))

2.36.080 Supervision by city clerk.

The city clerk shall supervise city elections. (Ord. 2002-04 §2(part))

2.36.090 Qualifications and oath of officials. Revised 7/18

A. Each election official other than the city clerk must be a qualified voter of the city and a resident of the precinct.

B. The chair of the election board for each precinct shall take and subscribe the oath or affirmation directed in this subsection, which shall be administered by any officer having power and authority to administer oaths, and shall be filed with the city clerk, which oath or affirmation may be in substantially the following form:

I do solemnly swear (affirm) that I will duly attend at the ensuing election during its continuance; that I will not receive any ballot or votes from any person other than such as I firmly believe to be entitled to vote at said election, according to the laws of the State of Alaska and the ordinances of the City of Utqiaġvik; nor will I refuse to receive votes or ballots, from any person, or persons who I believe to be entitled to vote as aforesaid; and I will in all things truly, impartially, and faithfully perform my duty therein to the best of my judgment and ability.

(Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.100 Ballots – Form.

A. The names of all offices and candidates to be voted upon shall be printed on one ballot. The title of each office to be filled shall be followed by printed lines equal in number to the number of candidates to be elected to such office, upon which the voter may write in the name of persons not listed on the ballot. 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. The names of the candidates shall be printed as they appear upon the petitions filed with the city clerk. The order of placement of the names of the candidates on the ballots shall be randomly determined by the city clerk.

B. Following the names of the offices and candidates there shall be placed on the ballot all propositions and questions to be voted upon. The words “Yes” and “No” shall be placed below or beside each proposition and question.

C. The clerk shall keep a record of the numbers of ballots delivered to each polling place, and the name or names of the persons to whom delivered. (Ord. 2002-04 §2(part))

2.36.110 Ballots – Preparation – Other materials.

A. The city clerk shall prepare and furnish all official ballots in city elections. The 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 clerk shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters. The ballots shall be numbered in series to ensure simplicity and secrecy and to prevent fraud.

C. The city clerk shall provide sample ballots, the original register, the duplicate register if one is to be used, oaths of office of judges, challenge oaths, tally sheets, instructions to voters, warning notices, and other forms and supplies required for city elections, and furnish an adequate supply of official ballots, sample ballots and all other necessary supplies and materials to the chair of each precinct election board in adequate time before a city election. (Ord. 2002-04 §2(part))

2.36.120 Ballot boxes and voting booths.

A. The clerk shall provide suitable ballot boxes and an adequate number of voting booths at each polling place, with appropriate supplies and conveniences to enable each voter to mark the ballot screened from observation. At least three sides of each booth shall be enclosed. Ballot boxes shall be placed outside of the voting booths within plain view of the election officials, voters and other persons at polling places.

B. The clerk may make arrangements with the North Slope Borough clerk or state of Alaska election officials for the use of voting machines and other equipment and supplies related to voting.

C. Before receiving any ballots, the election board shall, in the presence of any persons assembled at the polling place, open and exhibit the ballot boxes to be used at each polling place. The ballot boxes shall be sealed with a security device. The boxes shall not be opened again, and shall not be removed from the polling place, nor from the presence of persons assembled at the polling place, until after the polls have finally closed. (Ord. 2002-04 §2(part))

2.36.130 Notice of elections. Revised 7/18

A. At least twenty days before every city election, the city clerk shall publish a notice of such election. The notice shall include the following: the date of the election, time during which the polling places will be open, the locations of the polling places, the boundaries of the precincts, offices to which candidates are to be elected (if any), and the ballot titles and propositions of any initiatives, referendums, ballot questions, local option questions, or other proposals which are to be submitted to the voters at the election (if any). Failure to publish such notice of an election shall not affect the validity of the election or of the vote for any candidate or on any proposal, but if caused by the city clerk shall constitute failure to perform official duties.

B. In addition to the notice provided for in subsection (A) of this section, the city clerk shall publish in full every ordinance or resolution initiated or referred in accordance with Section 2.36.270 at least twenty days before the election. (Ord. 15-2017 §13: Ord. 2002-04 §2(part))

2.36.140 Hours of voting.

The polls at all elections shall be opened at the hour of eight a.m. on the date of the election and shall be open continuously until eight p.m. of the same day. All voters in line to vote on or before shall have the right to vote. (Ord. 2002-04 §2(part))

2.36.150 Precincts and election board procedures.

A. The chair of the precinct election board shall deliver to the city clerk one copy of the certificate of the result of the vote in the precinct, the original register described in subsection E of this section, all the ballots cast, all ballots improperly marked, damaged or unlawfully exhibited, properly identified, and all oaths, affirmations and affidavits made, in one package or in one ballot box. The city clerk shall submit the certificate, the register, ballots, oaths and affidavits to the council when it meets to canvass the election. The chair of the precinct election board shall keep the duplicate register if any and a duplicate copy of the results for at least two weeks after an election, when they may be destroyed, unless the city clerk or the council request them prior to that time.

B. If an election judge fails to appear and subscribe to the oath on election day or becomes incapacitated during the time of the election or the counting of the ballots, the remaining present election judges shall elect, by a majority voice vote, a qualified voter to fill the vacancy.

C. The decision of the majority of the election board determines the action that the election board shall take regarding any question that arises during the course of the election.

D. During the hours that the polls are open, an election judge may not discuss any political party, candidate, or issue while on duty.

E. The election officials shall keep a register in which each voter before receiving a ballot shall sign the voter’s name and give both a residence and mailing address. A record shall be kept 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.

F. An election official in a precinct shall allow a voter on the official registration list to vote in the precinct unless the voter is questioned in accordance with Section 2.36.153. (Ord. 2002-04 §2(part))

2.36.151 Permitted use of unofficial ballots.

A. If election officials at the polling places receive an insufficient number of official ballots, they shall provide unmarked substitute ballots to voters which voters may use to vote. After the unmarked substitute ballots are voted, such ballots shall remain in the election official’s custody and shall be delivered to the clerk. The clerk shall deliver the ballots and any unmarked substitute ballots to the election board for counting. They shall thereafter be submitted by the city clerk to the council for canvassing.

B. The election officials shall certify the facts which prevented the use of the official ballots and shall include the certificate in the election returns to the clerk. The initial failure to certify to the facts or include the certificate required does not invalidate any ballots.

C. The use of any unmarked substitute ballots shall be addressed by the clerk in the clerk’s report to the council regarding the election. (Ord. 2002-04 §2(part))

2.36.152 Prohibition of political persuasion near election polls.

During the hours the polls are open, a person who is in the polling place or within two hundred feet of any entrance to the polling place may not attempt to persuade a person to vote for or against a candidate, proposition, or question. The election officials shall post warning notices at the required distance in the form and manner prescribed by the clerk. This section shall also apply to any place (including but not limited to the city offices) at which absentee voting is allowed during the hours that absentee voting is allowed. (Ord. 2002-04 §2(part))

2.36.153 Questioned ballots; issuance.

A. If a voter’s polling place is in question, the voter may vote a questioned ballot after complying with subsection C of this section.

B. Every election official and any other person qualified to vote may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote. All questions regarding a person’s qualification to vote shall be made in writing, setting out the reason that the person has been questioned. The questioned ballots and statements shall remain in the election official’s custody and shall be delivered to the clerk. The clerk shall deliver the questioned ballots and statements to the city council for canvassing.

C. The questioned person, before voting, shall execute a certification on a form provided by the election official attesting to the fact 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 certification, the person may vote. If the questioned person refuses to execute the certification, the person may not vote.

D. After voting, the questioned voter shall deliver the ballot to the election official. (Ord. 2002-04 §2(part))

2.36.154 Voters; voting.

A. Any election official may administer to a voter any oath that is necessary to the administration of the election.

B. Before being allowed to vote, each voter shall exhibit to an election official one form of the following identification: an official voter registration card, driver’s license, birth certificate, passport, a hunting or fishing license, Arctic Slope Regional Corporation shareholder card. An election official may waive the identification requirement if the election official knows the identity of the voter.

C. A voter who cannot exhibit a required form of identification, and whose identify is unknown to the election official, shall be allowed to vote a questioned ballot.

D. After the 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 vote.

E. A qualified voter needing assistance in voting may request an election official, a person, 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.

F. If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and the election board shall provide another ballot, with a maximum of three. The board shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it.

G. When the voter has marked a ballot, the voter shall inform the election official. The ballot shall be deposited in the ballot box by the voter in the presence of the election official unless the voter requests the election official to deposit the ballot on the voter’s behalf. Separate ballot boxes may be used for separate ballots.

H. A voter may not leave the polling place with the official ballot that the voter received to mark.

I. Subject to subsection E of this section, a voter may not exhibit the voter’s ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.

J. Fifteen minutes before and at the time of closing the polls, a member of the election board shall announce the present time and the time of closing the polls.

K. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

L. While the polls are open, an election official shall not open any ballot received from a voter, or 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 any other person.

M. An election official shall not allow a ballot to be placed in the ballot box that the official knows to have been unlawfully exhibited by the voter. A ballot unlawfully exhibited shall be recorded as a spoiled ballot and destroyed.

N. A voter may request that he or she be able to listen to an audiotape recorded Inupiat translation prepared by the clerk of any question that appears on the ballot. The clerk shall choose a translator and prepare such a translation for each question, including but not limited to referendum, initiative and local option questions, that appears on a ballot. (Ord. 2002-04 §2(part))

2.36.155 Counting ballots, general.

A. The ballots shall be counted by the vote tabulation system elected by the clerk which may include vote tabulation by the use of computerized optical scanning equipment.

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 following rules apply to hand counting ballots:

1. A voter may mark a ballot only by the use of cross marks, “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate or proposition the voter desires to designate.

2. 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 that office shall not be counted.

5. Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates or propositions properly made.

6. An erasure or correction invalidates only that section of the ballot in which it appears, unless the intent of the voter is clear. (Ord. 2002-04 §2(part))

2.36.156 Write-in votes.

A. In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and, in addition, mark the oval opposite the candidate’s name. Stickers may not be used on ballots.

B. Write-in votes shall be tallied only 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. (Ord. 2002-04 §2(part))

2.36.157 Use of computerized ballot counting devices.

A. When the clerk provides for voting by use of optically scanned ballots through computerized optical scanning equipment, the clerk shall cause the optical scanning equipment to be tested for accuracy no later than one week before the election. Such testing shall take place in the presence of the clerk. Upon completion of the testing, the equipment shall be kept in a secure manner.

B. The clerk shall designate computers to be used in the counting of the ballots or use the same computers designated by the North Slope Borough clerk. The clerk may negotiate and contract with the state of Alaska, the North Slope Borough, or a private contractor for the needed computerized optical scanning equipment and/or other computerized devices needed to vote with optical scanning equipment. (Ord. 2002-04 §2(part))

2.36.160 Canvass of returns, certificate of election.

A. Not later than the Tuesday seven calendar days following an election, the council shall meet to canvass the returns. The council shall:

1. In full view of those present, judge the validity of questioned ballots, open and tally accepted ballots, and compile the total votes cast in the election;

2. Review the precinct certificates of results for accuracy;

3. Correct all obvious errors;

4. Recommend a recount of the results of a precinct for that portion of the returns where a mistake has been made which cannot be corrected under subsection (A)(3) of this section; and

5. Determine any irregularities in the election or discrepancies in the count of the ballots.

B. The council’s examination may be postponed for cause from day to day, but there shall be no more than three postponements.

C. If the council determines that there are irregularities in the election, the council shall determine whether the irregularities are so serious as to deny a meaningful vote of the citizens of the city. If the council determines that there exists a discrepancy in the count of the ballots, the council may order a recount of the votes in the affected precincts. The council may order an investigation of any irregularities or discrepancies. The council may exclude votes cast or declare the entire election invalid if necessary to assure a fair election. If the council concludes that the election is not valid, it shall order another election. The election shall be conducted promptly as a special election and according to procedures established by the council.

D. Unless the council orders an investigation or unless a contest has been previously filed pursuant to Section 2.36.240, after completing the canvass, the council shall declare the election valid and certify the election results. The council shall certify results not in question immediately and shall complete investigation or contest procedures as soon as practicable to assure prompt certification of results that are in question.

E. To certify the election results the council shall enter the determination in the minutes along with the following information:

1. The total number of poll, absentee, questioned, and personal representative ballots cast in the election;

2. The offices, names, and number of votes counted for each candidate at the election;

3. The propositions voted upon at the election; and

4. The number of votes counted for each proposition voted upon.

F. Upon certification of the election by the council, the clerk shall deliver to each person elected to office a copy of the council’s certificate of election. (Ord. 2002-04 §2(part))

2.36.161 Counting absentee ballots.

A. To be counted in the election, absentee ballots must have been returned to the clerk or an election official in accordance with the procedures and deadlines established in this chapter, for the particular method of absentee voting employed by the absentee voter.

B. The clerk shall deliver all absentee ballots cast prior to the closing of the polls to the elections board for counting. The counting of these absentee ballots shall be conducted at the same time as the counting of other votes cast at the election. Absentee ballots received by mail in accordance with Section 2.36.190(F) after the closing of the polls but not later than the third calendar day following the election shall be counted by the elections board on the Monday following the election. After they are counted, absentee ballots shall be included with other ballots when submitted by the city clerk to the council for canvassing. Absentee ballots received after the times established in this chapter for receipt of absentee ballots shall not be opened, but shall be marked “invalid” with the date of the receipt noted on the ballot envelope. The envelopes shall be retained with the other election records and destroyed as set out in Section 2.36.390.

B. The elections board shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast, and shall examine absentee ballot envelopes. If the voter is qualified and the ballot has been properly cast, the return or outer envelope shall be opened and the ballot envelope shall be mixed with the other ballot envelopes. The ballots shall be counted according to the rules for determining properly marked ballots.

C. If the voter is not qualified or the ballot has not been properly cast, the clerk shall notify the absentee voter, in writing, of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved as set out in Section 2.36.390. (Ord. 2002-04 §2(part))

2.36.162 Counting questioned ballots; uncounted ballots.

A. The council may refuse to accept the question and count the ballot of a person properly questioned.

B. If the question is refused and the ballot is accepted, the large envelope shall be opened and the ballot envelope shall be mixed with other ballot envelopes for counting. The mixed ballot envelopes shall be counted according to the rules for determining properly marked ballots.

C. If the question is accepted and the ballot is refused, the clerk shall notify the questioned voter, in writing, of the reason the ballot was not counted. The rejected ballots shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved as set out in Section 2.36.390. (Ord. 2002-04 §2(part))

2.36.165 Runoff election.

The candidate who receives the highest number of votes cast for mayor or for a particular council seat shall be elected to office. No runoff election shall be conducted. (Ord. 2002-04 §2(part))

2.36.170 Determination of tie votes.

A. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the clerk shall notify the candidates who are tied. The clerk shall initiate a recount of votes in the manner provided by Section 2.36.220.

B. If after the recount two or more candidates are still tied, the clerk shall notify the candidates, and notify them of a reasonably suitable time and place to determine the successful candidate by coin toss if two are tied, and by lot if more than two are tied. After coin toss or lot has made the determination, the clerk shall certify the election winner. (Ord. 2002-04 §2(part))

2.36.180 Absentee/early voting.

A. Any registered and qualified voter may vote an absentee ballot at any election for any reason in accordance with the provisions of this chapter. The right to vote absentee shall be liberally construed.

B. Prior to the election, the clerk shall give to the election board in each precinct a list of voters from the precinct who have been issued absentee ballots. If a voter who was issued an absentee ballot returns to the voter’s precinct on election day, the voter may not vote a regular ballot at the polling place unless the voter first surrenders to the election board the absentee ballot issued to the voter. If the absentee voter does not have the absentee ballot to surrender, the absentee voter may vote a questioned ballot. Surrendered absentee ballots collected by the election board shall be returned to the clerk. (Ord. 2002-04 §2(part))

2.36.190 Absentee/early voting; by mail or facsimile transmission.

A. A registered and qualified voter may apply to the clerk for an absentee ballot to be voted by mail or facsimile transmission not earlier than thirty days before an election is to be held, nor less than seven calendar days before an election. The application to vote an absentee ballot by mail or facsimile transmission may be made by facsimile transmission. A notation will be made on the absentee ballot application log of when the application is received by facsimile transmission.

B. All applications to vote absentee by mail or facsimile transmission shall be in writing on a form provided by the clerk containing at least the following information:

1. The applicant’s place of residence;

2. Ballot mailing address or telephone number of the facsimile machine to which the ballot is to be sent;

3. The applicant’s signature; and

4. A voter identifier such as voter number, a social security number, or date of birth. The voter is requested to provide his or her social security number for identification purposes only, and provision of a social security number is not required. However, the voter must provide one of the other forms of voter identification if he or she chooses not to provide his or her social security number.

C. Upon timely receipt of an application to vote absentee by mail or facsimile transmission, the clerk shall mail or fax an official ballot and other absentee voting material to the applicant, at the mailing address or facsimile machine given on the application.

D. If an absentee ballot is sent to a voter by facsimile transmission, the ballot will include:

1. A transmittal form;

2. Instructions to the voter with procedures for returning the completed ballot by facsimile transmission or by mail, including a telephone number for a central facsimile machine in the clerk’s office to which all ballots returned by facsimile transmission are to be transmitted; and

3. If the person is applying to vote via facsimile transmission, the instructions sent to the voter will include a description of the procedures that a voter returning the ballot must follow if the voter wishes to ensure that the voted ballot is not seen by the clerk or an election official. The instructions will also inform the voter that if the voter does not follow these instructions, the ballot will be counted, unless it is sent in violation of subsection I of this section or is otherwise ineligible.

E. At any time on or before the day of the election, the voter may vote the absentee ballot.

1. If the ballot is to be returned by mail, the voted ballot shall then be placed in a return envelope and the voter shall sign the certification on the return envelope and have it witnessed in the presence of an authorized official such as:

a. A notary public; U. S. postmaster or authorized postal clerk; commissioned military officer; judge; justice; magistrate; clerk of the court; a duly appointed voter registrar, or election official; or

b. Two witnesses who are at least eighteen years of age, if an authorized official is not reasonably accessible.

2. If the ballot is to be returned by facsimile transmission, the voted ballot shall contain the following statement: “I understand that by using facsimile 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,” followed by the voter’s signature and date of signature. Additionally, the voted ballot shall be accompanied by a statement executed under oath as to the voter’s identity which is witnessed in the presence of an authorized official such as:

b. Two witnesses who are at least eighteen years of age, if an authorized official is not reasonably accessible.

F. After the absentee voter’s signature is witnessed, the voter shall mail or fax the ballot to the clerk. A ballot that is faxed to the clerk must be received no later than the time at which the polls close on election day to be counted. All absentee ballots returned by fax will be hand counted. A ballot that is returned to the clerk by mail must be postmarked on or before election day and received by the clerk no later than the third calendar day following the election.

G. When a completed absentee ballot is received by facsimile transmission, the 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 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 sealed outer envelope to the elections board for counting in accordance with this chapter.

H. When the clerk receives in the mail a completed absentee ballot that was sent to a voter by facsimile transmission, the clerk will:

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

2. Place the ballot portion in a secrecy sleeve and seal the secrecy sleeve;

3. Place the sealed secrecy sleeve in the envelope in which the ballot was returned, and reseal that envelope;

4. Attach the voter identification portion to the outer envelope; and

5. Forward the sealed outer envelope to the elections board for counting in accordance with this chapter.

I. An absentee ballot that was sent to a voter by facsimile transmission and was returned by mail will not be counted if the envelope in which the ballot is returned contains the ballot of more than one voter. (Ord. 2002-04 §2(part))

2.36.200 Absentee/early voting; in-person voting.

A. Absentee/early voting in person at the clerk’s office shall not begin prior to fifteen calendar days before an election. A registered and qualified voter may appear before the clerk during the clerk’s business hours; provide his or her name, residence address and voter identifier such as a voter number, social security number, or date of birth; and cast the voter’s ballot. The voter is requested to provide his or her social security number for identification purposes only, and provision of a social security number is not required. However, the voter must provide one of the other forms of voter identification if he or she chooses not to provide his or her social security number. The voter shall mark the ballot in secret and place the ballot in a ballot envelope. The voted ballot shall then be placed in a return envelope and the voter shall sign the certification on the return envelope and have it witnessed by the clerk.

B. On or after the fifteenth day before a regular or special election up to and including election day, the clerk may establish an absentee voting station at an institution in the city serving the aged, disabled, or physically handicapped to accommodate absentee voting by registered and qualified voters residing at such institutions. The procedures provided for in subsection A of this section shall be followed for voting by such persons. Absentee voting stations established under this subsection shall be available for voting only on the dates and during the times announced by the clerk.

C. The clerk may personally deliver an absentee voting ballot to a registered and qualified voter who is unable to go to the polling place because of age, disability, or physical handicap. The procedures provided for in subsection A of this section shall be followed for voting by such persons. (Ord. 2002-04 §2(part))

2.36.210 Absentee voting; by personal representative.

A. A voter may apply for an absentee ballot by personal representative, through any person other than a candidate for office at that election, an immediate family member of the candidate for office in that election, the voter’s employer, agent of the employer, or an officer or agent of the voter’s union, to:

1. The clerk on or after the fifteenth calendar day before an election up to and including the day before the election; or

2. An election board member on election day in the precinct in which the voter is entitled to vote.

B. A request for an absentee ballot by personal representative may be made on a form or through a written statement from the applicant stating that the applicant is unable to go to the polling place because of age, illness, disability, or physical handicap. Such an application shall include the following:

1. The name and full residence address of the voter;

2. A voter identifier such as a voter number, social security number, or date of birth;

3. The full name of the personal representative; and

4. The voter’s signature or mark. The voter is requested to provide his or her social security number for identification purposes only, and provision of a social security number is not required. However, the voter must provide one of the other forms of voter identification if he or she chooses not to provide his or her social security number.

C. Alternatively, a request for an absentee ballot by personal representative may be made through the personal representative in the following manner:

1. The representative shall sign a form which includes:

a. The representative’s name, residence and mailing address;

b. The representative’s social security number, voter number, or date of birth;

c. The name of the voter on whose behalf the representative is requesting the ballot;

d. An oath that the representative is receiving a ballot on behalf of the voter, will not vote the ballot for the voter, will not coerce the voter, and will not divulge the vote cast by the vote; and

e. The representative’s signature. The representative is requested to provide his or her social security number for identification purposes only, and provision of a social security number is not required. However, the representative must provide one of the other forms of voter identification if he or she chooses not to provide his or her social security number.

D. Upon receipt of an application for absentee ballot by personal representative, the clerk or election official shall deliver to the personal representative an absentee ballot for the election.

E. The personal representative shall deliver the absentee ballot to the voter as soon as practicable. The voter shall proceed to mark the ballot in secret, and prepare the ballot by following the instructions provided. The voter shall sign the certification on the return envelope in the presence of the personal representative who shall sign as witness and then date the signature. The personal representative shall deliver the ballot to the location where the ballot was obtained before the polls close on election day, or the ballot will not be counted.

F. The election officials shall deliver the voted personal representative ballots to the clerk. The clerk shall deliver the voted personal representative ballots to the elections board for counting. (Ord. 2002-04 §2(part))

2.36.215 Permanent absentee/early voter.

A. The clerk may designate a person as a permanent absentee voter if the person is a qualified voter, and if:

1. The clerk determines that the voter has identified an institution in the city serving the aged, disabled, or physically handicapped as a permanent residence on his or her current registration record; or

2. The voter is otherwise unable to go to the polling place because of age, disability, or physical handicap, and has requested in writing to be designated a permanent absentee voter. Such a request shall be made to the clerk on a form prepared by the clerk.

B. A person designated as a permanent absentee voter under subsection A of this section will be sent an application for an absentee by-mail or by-facsimile ballot at the permanent mailing address stated on the voter’s current registration record no more than thirty and no less than fifteen days before an election. The voter may submit the application and vote by mail or by facsimile transmission in accordance with the procedures established in this chapter for voting absentee by mail or by facsimile transmission. However, nothing in this section limits the voter’s eligibility to vote in person at a precinct, or through a personal representative, as long as such voting occurs in accordance with the procedures established in this chapter.

C. At least ninety days before a regular election, the clerk shall notify the public of the permanent absentee/early voter option through at least one radio public service announcement and one notice in a newspaper of general circulation within the city. (Ord. 2002-04 §2(part))

2.36.220 Recount.

A. Any defeated candidate or any ten qualified voters who believe that a mistake has been made by an election official or by the council in counting the votes in any election may make an application in writing to the council for a recount of the votes from any particular precinct or precincts, for any particular office or on any particular question. The application must be filed with the city clerk within twenty-four hours, excluding any Saturday, Sunday or holiday, after the council certifies the results of the vote being questioned. In case of a tie vote between two or more candidates, the clerk shall initiate a recount of the votes without any application therefor, in accordance with the procedures established in this section.

B. The person or persons applying for a recount shall pay to the city any expenses or costs incurred in the recount if the difference between the winning and losing vote on the result contested is more than two percent, or if the recount fails to reverse any result of the election.

C. The council shall begin the recount as soon as practicable and in no event later than seven business days after the clerk receives a completed application, shall complete the recount as soon as practicable, and shall declare the results thereof. The clerk shall give the recount applicant, the affected candidates, if any, and other directly interested parties notice of the time and place of the recount by certified mail, fax, or telephone.

D. The council shall certify any change in the election result, and the clerk shall promptly issue another election certificate, if necessary. (Ord. 2002-04 §2(part))

2.36.230 Appeal after recount. Revised 7/18

Any candidate or a majority of the persons who requested a recount, who have reason to believe that an error has been made in the recount involving any candidate or question, may appeal to the superior court, second judicial district, Utqiaġvik, Alaska, in accordance with applicable court rules governing appeals in civil matters. The appeal shall be filed within ten calendar days of council action certifying the election. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election materials and papers pertaining to the recount. The court sitting without a jury shall hear the appeal. If an action under this section is not commenced within the ten-day period, the election and the election result shall be conclusive, final, and valid in all respects. (Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.240 Grounds for election contest. Revised 7/18

A. A candidate or ten 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:

1. Malconduct, fraud or corruption by an election official sufficient to change the result of the election;

2. The person elected is not qualified to be elected; or

3. Existence of a corrupt election practice as defined by law sufficient to change the result of the election.

B. Notice of a contest of an election shall be submitted in writing to the clerk before or during the canvass of ballots by the city council. 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 election of the City of Utqiaġvik held on the ____ day of ________. The grounds for the contest are as follows: _________________________________________________

_______________________________________________________________________________

Signature(s) and date

(Notarization)

C. Upon receiving notice of the contest from the clerk, the council shall conduct an investigation of the grounds for the contest, may conduct a public hearing, and shall issue written findings. Those contesting the election, those whose election is contested and the public shall be allowed to attend any public hearing on the contest. The council may be assisted in its investigation by the city attorney.

D. A contestant shall pay all costs and expenses incurred in a recount of an election requested by the contestant if the council allows the recount, and the recount fails to reverse the result of the election, or the difference between the winning and losing vote upon recount is more than two percent.

E. If the contestant charges that a candidate obtained votes, or a proposition was voted for or against, by reason of an act or practice prohibited by city ordinance or by AS 15.56, and the council sustains the contestant’s charges in its written findings, the council shall, if possible, purge the illegally induced votes from the election returns and certify the election on the basis of the amended returns, or order a new election if it is not possible to purge illegally induced votes.

F. A person qualified under subsection A of this section may not appeal or seek judicial review of an election for any cause unless the person is qualified to vote in the city, has exhausted the administrative remedies before the council provided for in this section, and commences an action in superior court, second judicial district, Utqiaġvik, Alaska, within ten calendar days after the council has finally certified the election results. If an action under this section is not commenced within the ten-day period, the election and the election results shall be conclusive, final, and valid in all respects. (Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.250 Offenses.

It is unlawful for any person, firm or corporation to do any of the following acts, and any person, firm or corporation who does any of the following acts is guilty of a misdemeanor and shall be subject to a fine of up to five hundred dollars and/or imprisonment for up to thirty days:

A. Directly or indirectly uses or threatens to use force, coercion, violence or restraint, or inflicts or threatens to inflict damage, harm or loss, upon or against any person to induce or compel the person to vote or refrain from voting for any candidate in any election or for any election proposition or question;

B. Gives, or promises to give, or offers any money or valuable thing to any person, with the intent to induce him or her to vote for or restrain him or her from voting for any candidate at any election or election proposition or question;

C. Knowingly prints or circulates, or causes to be written, printed or circulated, any letter, circular, bill, placard, poster or other publication relating to any election or to any candidate or any election or to any election proposition or question without the same bearing on its face the name and address of the author, printer or publisher thereof;

D. Writes, prints or circulates, or who causes to be written, printed or circulated, any correspondence or advertisement, or who willfully knowing the correspondence or advertisement contains a false statement, charge or comment relating to any candidate at any election or to any election proposition or question;

E. Has in his or her possession outside of the voting room any official ballot; provided, that this shall not apply to election officials or other properly authorized persons having such in his or her possession in the line of duty;

F. Makes or knowingly has in his or her possession any counterfeit of an official ballot;

G. Writes or produces, or assists in writing or producing, any correspondence knowing that it contains any false statement or false charge reflecting on the character, morality or integrity of any candidate at any election;

H. Votes or attempts to vote in the name of another person or any name other than his or her own;

I. By force, threat, intimidation or offer of reward, induces or attempts to induce any election official to fail in his or her duty;

J. Willfully changes or causes to be changed any official election documents, including ballots, tallies and returns, or attempts to do the same;

K. Willfully delays or causes to be delayed the election returns, or attempts to do so;

L. Willfully votes or attempts to vote more than once at the same election;

M. Signs any name other than his or her own to a petition proposing an initiative, referendum or recall, or knowingly signs his or her name more than once for the same proposition or question at one election, or signs the petition knowing that he or she is not a qualified voter;

N. Having been contracted or employed by the city to print or reproduce in any manner any official ballot, willfully appropriates to himself or herself, or gives or delivers to, or knowingly permits to be taken by anyone other than a person authorized by the city clerk, any official ballots, or knowingly prints or reproduces or causes to be printed or reproduced any official ballots in any other form or with any other content other than that prescribed by the charter or ordinance or as directed by the city clerk;

O. Willfully makes a false affidavit or swears falsely under an oath required in connection with any election or registration for voting or falsely affirms in lieu of so swearing;

P. Willfully fails to perform any election duty or knowingly does any unauthorized act with the intent to affect the election or its results;

Q. Willfully permits or makes or attempts to make any false count or report of the election returns;

R. Being an election official, willfully conceals, withholds, wrongfully changes, mutilates or destroys the election returns, or attempts to do so. (Ord. 2002-04 §2(part))

2.36.260 Coincidence with other elections.

Nothing in this chapter shall prohibit holding a city election on the same day and by the same election personnel as a state of Alaska, North Slope Borough, or other public election, or submitting a city question at such an election. (Ord. 2002-04 §2(part))

2.36.270 Initiative and referendum.

The powers of initiative and referendum are governed by AS 29.26.100 through 29.26.190. The provisions of this chapter shall govern elections at which initiated and referred proposals are submitted to the voters. (Ord. 2002-04 §2(part))

2.36.280 Recall.

Procedure and grounds for recall of an official who is elected or appointed to a city office is governed by AS 29.26.240 through AS 29.26.360. The provisions of this chapter shall govern recall elections. (Ord. 2002-04 §2(part))

2.36.290 Date of general election.

There shall be a general election annually on the first Tuesday of October for the purpose of electing municipal officials whose terms are about to expire or whose seats have become vacant, and to decide such other questions or propositions as may be required by law to be on the ballot. (Ord. 2002-04 §2(part))

2.36.300 Special elections.

The city council may call a special election to decide any question that must by law be decided by the voters at any time; provided, that the election date must be preceded by at least twenty days’ public notice. (Ord. 2002-04 §2(part))

2.36.310 Nominations for office.

Nominations for elective office shall be made by declaration of candidacy. (Ord. 2002-04 §2(part))

2.36.320 Declaration of candidacy – Form. Revised 7/18

Declaration of candidacy shall be made in substantially the following form:

I, (name of candidate), hereby declare my candidacy for the office of (name of office) of the City of Utqiaġvik, which office is to be contested at the election to be held on the ____ day of _______, 20 __.

I further declare that I am a citizen of the United States, have been a resident of the City of Utqiaġvik for thirty (30) days preceding the date of election, and am a qualified and registered voter of the State of Alaska.

I request the City Clerk of the City of Utqiaġvik to enter my name on the official ballot for the election.

________________________

(signature of candidate)

Date and hour of filing:

Received by:

(Ord. 02-2017 §2(part); Ord. 2002-04 §2(part))

2.36.330 Declaration of candidacy – Filing.

Declarations of candidacy must be completed and filed with the city clerk no earlier than fifty-five days nor later than forty days before the date of election. The clerk shall publish at least twenty days before the beginning of the foregoing filing period in a newspaper of general circulation in the city a notice to the public of the filing period, the requirements for a declaration of candidacy, and the availability of forms therefor. The clerk shall record on the document itself and preserve the name and address of the person by whom each nominating declaration is filed. All declarations found to be in proper order shall be preserved by the clerk and eventually destroyed as otherwise provided for the destruction of ballots. (Ord. 2002-04 §2(part))

2.36.340 Declaration of candidacy – Proper form.

Within four business days after the filing of the declaration of candidacy, the clerk shall notify the candidate named in the declaration whether or not it is in proper form. If not, the clerk shall return it, with a statement certifying wherein the declaration is deficient, to the person who filed it. A new declaration for the same candidate may be filed within the time for filing declarations of candidacy. (Ord. 2002-04 §2(part))

2.36.350 Withdrawal of nomination.

Any candidate nominated may withdraw his or her nomination at any time during the period for filing declarations of candidacy by filing with the city clerk an appropriate written notice. (Ord. 2002-04 §2(part))

2.36.360 Determination of eligibility of candidate.

The clerk shall determine whether each candidate is qualified as provided by law. At any time before the election, the clerk may disqualify any candidate whom the clerk finds is not qualified. (Ord. 2002-04 §2(part))

2.36.370 Local option elections.

Upon receipt of a petition for a local option election that meets the requirements of AS 04.11.507, the city clerk shall place upon a separate ballot at the next general or at a special election the local option question that constitutes the subject of the petition. (Ord. 2002-04 §2(part))

2.36.380 Designation of seats.

Candidates for city council shall file for election by the voters at large, but for seats designated alphabetically as provided for in Section 2.08.020. A candidate may file for only one city council seat during each election. (Ord. 2002-04 §2(part))

2.36.390 Preserving and destroying ballots.

The clerk shall preserve all official ballots in a secure manner for one year from the date of the election. Upon the expiration of the year, the clerk shall shred, recycle, or otherwise completely destroy the ballots upon direction of the council, and make and keep a written affidavit that the ballots have been destroyed. In cases where the election is contested, the ballots shall be kept in a secure manner, unless needed as evidence in the contest, until one year after the final resolution of the contest, at which time the clerk shall destroy the ballots as provided by this section upon direction of the council. (Ord. 2002-04 §2(part))

2.36.400 Voting information.

Within sixty days after each election, the clerk shall certify and send to the director of the state of Alaska Division of Elections the official registration list containing the names, residence addresses, and voter numbers of all persons voting in each precinct in that election. The names of the persons who voted in the election shall be indicated on the official registration list sent to the director by the clerk. (Ord. 2002-04 §2(part))

2.36.410 Two-term limit for city council member.

The limitation on the number of consecutive terms provided for in Sections 2.04.020(B) and 2.08.020(D) (enacted in Ordinance 02-2001) shall not be applied retroactively to include any terms served in whole or in part prior to October 4, 2001, the date of certification of the October 2, 2001, election. Only those terms beginning on or after October 4, 2001, shall count towards the limits imposed in Sections 2.04.020(B) and 2.08.020(D). (Ord. 2002-08 §2)