Chapter 2.20
VOTING
Sections:
2.20.040 Training sessions – Vacancies.
2.20.050 Ballots – Numbering and design.
2.20.060 Ballots – Listing of offices and candidates.
2.20.070 Ballots – Propositions.
2.20.080 Ballots – Possession, inspection and delivery.
2.20.090 Materials supply to precincts.
2.20.110 Voting booths and ballot boxes.
2.20.140 Keeping of original register.
2.20.170 Challenging an elector.
2.20.010 Election officials.
The assembly shall be the judge of the election, and the borough clerk the election supervisor for the municipality. It shall be the duty of the election supervisor before the date of the election to appoint from the qualified electors of the borough three judges of election for each voting precinct, one of whom shall be designated as the chairperson, and two clerks of election. [Ord. 884 § 3, 2014; Ord. 589 § 6, 1993; Ord. 270 § 5, 1972; prior code § 36.30.010.]
2.20.020 Official’s oath.
The election officials aforesaid shall severally take and subscribe the oath or affirmation as hereinafter directed which shall be administered by the borough clerk or, in his absence, by the mayor or any member of the assembly, or by any officer having the power to administer oaths, which said oath or affirmation may be substantially in the following form:
I do solemnly swear that I will duly attend at the ensuing election during the continuance thereof; that I will not receive any tickets, ballots or votes from any person other than such as I firmly believe to be entitled to vote at such election, according to the laws of this state and the ordinances of the City and Borough of Wrangell, Alaska; nor will I refuse to receive any vote or ballot from any person or persons whom I believe to be entitled to vote aforesaid, and I will in all things truly and impartially and faithfully perform my duty therein to the best of my judgment and ability.
[Ord. 270 § 5, 1972; prior code § 36.30.020.]
2.20.030 Chairperson.
The chairperson shall have authority to administer all necessary oaths and affirmations which may be required during the election. He shall also have power during the election to fill any vacancy which may occur among precinct election officials until their duties have been completed. [Ord. 884 § 3, 2014; Ord. 270 § 5, 1972; prior code § 36.30.030.]
2.20.040 Training sessions – Vacancies.
A. All election officials must attend a training session unless personally and specifically excused for cause by the election supervisor. Any appointed official who fails to attend a training session, without an excuse by the election supervisor, may not serve on the day of election.
B. If an appointed official is not able or refuses to serve on election day, the election supervisor may appoint a replacement for that official. [Ord. 270 § 5, 1972; prior code § 36.30.035.]
2.20.050 Ballots – Numbering and design.
The ballots shall be numbered in series, the number being placed in an area set off by perforations for ease of removal and on a portion of the ballot that can be seen when the ballot is folded to conceal the manner in which it has been voted. Each ballot shall bear the words “Official Ballot,” and the date of the election. [Ord. 491 § 10, 1986; Ord. 270 § 5, 1972; prior code § 36.30.040(a).]
2.20.060 Ballots – Listing of offices and candidates.
A. All candidates to the same office shall be shown on one ballot. The offices to be filled shall be listed by title and length of term for the vacancy or vacancies in that office; the vacancy or vacancies shall not be listed or identified on the ballot by designated seat(s) such as “Seat A.” The title of each office to be filled shall be followed by the printed names of all candidates for that office, below which shall be blank lines equal in number to the candidates to be elected to such office.
B. On the ballot between the title of the office and the names of the candidates shall be placed the words “Vote for no more than _____,” with the appropriate number replacing the blank.
C. The words “Three-Year Term,” or “Unexpired Term Until __________,” as applicable, with the appropriate month and year replacing the blank, shall be placed after the titles of the offices on the ballot as necessary to identify whether the vacancy or vacancies to be filled at the election are for full or unexpired terms.
D. Where there is more than one candidate for an office, the names of the candidates shall be arranged in alphabetical order. [Ord. 874 § 3, 2014; Ord. 270 § 5, 1972; prior code § 36.30.040(b).]
2.20.070 Ballots – Propositions.
Following the offices and candidates there shall be placed on the ballot or on separate ballots as the election supervisor may determine all propositions or questions to be voted upon. The words “Yes” and “No” shall be placed below the statement of each proposition or question. The election supervisor may determine the number of ballots to be used to present all offices, propositions and questions to be qualified voters of the municipality. [Ord. 270 § 5, 1972; prior code § 36.30.040(c).]
2.20.080 Ballots – Possession, inspection and delivery.
The election supervisor shall have the ballots in his possession at least four days before the election. At any time the ballots may be inspected by any candidate whose name is on the ballot, or his authorized representative, and any mistake discovered shall be corrected immediately. Sufficient ballots for the registered voters of each precinct shall be delivered to the election board for that precinct prior to the time for opening the polls. The ballots shall be delivered in a separate sealed package with the number of ballots enclosed clearly marked on the outside of the package and a receipt shall be taken. [Ord. 270 § 5, 1972; prior code § 36.30.040(d).]
2.20.090 Materials supply to precincts.
Before the opening of the polls the clerk shall furnish to the election board for each precinct a voter qualification certification book for that precinct and shall equip and supply each polling place with sufficient materials for the election, including those materials required by WMC 2.20.100 and 2.20.110. [Ord. 270 § 5, 1972; prior code § 36.30.045(a).]
2.20.100 Sample ballots.
The clerk shall prepare instructions explaining to the voters how to obtain ballots, how to mark them, how to obtain information from election officials 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 clerk shall have sample ballots printed on colored paper identical in form to the official ballots to be used in each election and shall make such sample ballots available in each polling place according to the official ballot types bearing offices and propositions to be voted upon at that polling place. Sample ballots of all types shall be made available to the public in the clerk’s office. [Ord. 270 § 5, 1972; prior code § 36.30.045(b).]
2.20.110 Voting booths and ballot boxes.
The clerk shall provide voting 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 of the voting booths in plain view of the election officials, voters and other persons at the polling place. [Ord. 270 § 5, 1972; prior code § 36.30.045(c).]
2.20.120 Polling places.
A qualified voter shall vote only once per election and shall exercise that right at the polling place established in the designated Wrangell Precinct and in which he resides within the borough boundaries of the City and Borough of Wrangell. [Ord. 646 § 5, 1998; Ord. 270 § 5, 1972; prior code § 36.30.050.]
2.20.130 Election hours.
A. On the day of election, each election board shall open the polls for voting at 8:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls open during the time between these hours.
B. The election board members shall report to the polling place at 7:30 a.m. on an election day.
C. The hours shall be determined by the standard time, or daylight saving time, that is applicable to the polling place.
D. Immediately after the opening of the polls and before receiving any ballots, one of the judges of the election shall proclaim from the door of the polling place that the polls of such election are open, and similarly, after the closing of the polls, proclamation thereof shall be made from the doors of the polling place by one of the election judges and no votes or ballots shall be received thereafter. [Ord. 270 § 5, 1972; prior code § 36.30.060.]
2.20.140 Keeping of original register.
The judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book, in space provided, of the name of the persons who offer to vote but are refused, and a brief statement of the basis of the refusal. The signing of the register constitutes a certification by the voter that he is qualified to vote. [Ord. 782 § 14, 2006; Ord. 270 § 5, 1972; prior code § 36.30.065.]
2.20.150 Voting procedure.
A. Before issuing any ballots, the election board must, in the presence of any person assembled at the polling place, open and exhibit the ballot box to be used at the polling place to demonstrate that it is empty. The ballot box shall then be closed and shall not be opened again or removed from the polling place until the polls have closed.
B. The voter shall give the election officials his name and address. If it is determined that he is a qualified voter of that precinct, he shall then place his signature on the appropriate line in the precinct index provided by the election official. If an election official believes the voter is not qualified, he shall immediately challenge the voter.
C. If the voter is not challenged, or if he has complied with the challenged ballot procedure, the election officials will issue to him the ballot or ballots to which he is entitled.
D. A qualified voter who cannot read, mark the ballot or sign his name may request a judge, another person, or not more than two persons of his choice to assist him. If the judge is requested, he shall assist the voter. If any other person is requested, the person shall state upon oath before the election judge that he will not divulge the vote cast by a person whom he assists.
E. With the exception of the circumstances recited in subsection (D) of this section, not more than one person shall occupy the booth or compartment at the same time, and no person shall be permitted to occupy an election booth or compartment longer than shall be necessary for preparing his ballot.
F. No voter may leave the polling place with the official ballot that he received to mark.
G. If a voter improperly marks or otherwise damages a ballot, the voter may request and the election official shall provide him with another ballot, with a maximum of three, and the official shall record the number of the improperly marked or damaged ballot and destroy it immediately without examining it. [Ord. 270 § 5, 1972; prior code § 36.30.070.]
2.20.160 Rejected ballots.
No election official shall deposit in any ballot box any ballot which contains on the outside thereof any distinguished mark, impression, device or color. Where any ballot is so rejected, it must be endorsed on the back thereof “Rejected” and signed by an election official. [Ord. 270 § 5, 1972; prior code § 36.30.110.]
2.20.170 Challenging an elector.
Any person offering to vote may be challenged as unqualified by any of the election officers or by any legal voter or bystander, and it shall be the duty of each of the judges to challenge any person offering to vote, whom they know, suspect or believe, not to be qualified as an elector. A person whose right to vote has been challenged may be issued a ballot if he first completes and subscribes to an affidavit of his qualifications. When the marked ballot is returned to the officials, it shall be placed in a plain envelope and then placed in an official envelope bearing the aforesaid affidavit, the envelope sealed and the whole placed in the ballot box. The election supervisor shall provide forms and materials for this procedure. All envelopes containing challenged ballots shall be delivered to the election supervisor, to be forwarded, unopened, to the canvass board. [Ord. 270 § 5, 1972; prior code § 36.30.120.]