Chapter 2.24
EARLY AND ABSENTEE VOTING
Sections:
2.24.010 Absentee voting permitted.
2.24.020 Absentee voting – Early voting in person.
2.24.030 Absentee voting by mail.
2.24.040 Absentee voting by fax or email.
2.24.050 Absentee ballots – Replacements.
2.24.060 Absentee ballots – Emergency application.
2.24.070 Absentee ballots – Forwarding to canvass board.
2.24.010 Absentee voting permitted.
Any qualified elector of the borough may vote by absentee ballot. [Ord. 1058 § 2, 2024; Ord. 827 § 6, 2008; Ord. 782 § 15, 2006; Ord. 199 § 5, 1967; prior code § 36.35.010.]
2.24.020 Absentee voting – Early voting in person.
A. For 15 calendar days before an election, a qualified voter who meets the requirements set out in this section may vote in the location designated by the borough clerk, to be noticed as required in Chapter 2.12 WMC.
B. An election official shall verify that the voter’s name and residence address appear on the official precinct register and shall require the voter to sign the precinct register. If the voter’s name does not appear on the official precinct register, the voter shall be allowed to vote a questioned ballot.
C. Once the election official has established voter eligibility, the election official shall issue a ballot to the voter.
D. After the voter has marked the ballot, the voter shall deposit the ballot in the ballot box in the presence of the election supervisor or other election official unless the voter requests the election supervisor or other election official to deposit the ballot on the voter’s behalf. The tabulation of early voting ballots may not begin before 8:00 p.m. on election day.
E. Prior to the election, the borough clerk shall mark the precinct registers of those voters who voted early or give to the election board in the voter precinct a list of voters from the precinct who have voted early. If the voter who voted an early ballot returns to the voter’s precinct on election day, the voter may not vote a regular ballot but may vote a questioned ballot. [Ord. 1058 § 3, 2024.]
2.24.030 Absentee voting by mail.
A. Beginning January 1st of each election year, a qualified voter may apply for an absentee by-mail ballot with the borough clerk. The application shall be furnished by the borough clerk. A complete application must be received by the borough clerk not less than seven days before an election. The application shall include the address where the absentee ballot shall be mailed, the applicant’s full local residence address where the absentee ballot shall be mailed, the applicant’s full local residence address, a voter identifier (such as a voter identification number, last four digits of social security number, or date of birth), and the applicant’s signature.
B. After receipt of an application, the borough clerk or designee shall verify the applicant is a qualified voter and, once verified, shall send the absentee by-mail ballot, instructions, and return envelope to the applicant by at least first-class mail. The ballot and materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the borough clerk. The absentee by-mail voter is responsible for postage.
C. The voted absentee by-mail ballot must be delivered to the borough clerk or an election official before polls close on election day or postmarked on or before election day and received by the borough clerk no later than 12:00 p.m., Alaska time, the Thursday immediately following the election. Ballot envelopes received after that time shall not be opened but shall be marked “invalid” with the date of receipt noted thereon and shall be preserved with other ballots of the election.
D. The borough clerk shall maintain a record of the name of each voter to whom an absentee by-mail ballot is sent. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the borough clerk. Prior to the election, the borough clerk shall mark the precinct registers of those voters who voted by mail. If a voter who was issued an absentee by-mail ballot by mail 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 that was issued to the voter. If the voter does not have the absentee by-mail ballot to surrender, the voter may vote a questioned ballot. Surrendered absentee by-mail ballots collected by the election board shall be returned to the borough clerk. [Ord. 1058 § 3, 2024.]
2.24.040 Absentee voting by fax or email.
A. Beginning January 1st of each election year, a qualified voter may apply for a ballot to be sent by fax or email. The application shall be furnished by the borough clerk.
B. Any request received at least 10 days before election day shall be processed; requests received after this time may be processed subject to the availability of staff and resources. Absent uniformed services voters or an overseas voter may apply at any time so long as the faxed ballot or emailed ballot is received by 4:00 p.m. Alaska time on the day before election day.
C. The borough clerk shall not satisfy requests received after 4:00 p.m. Alaska time on the day before the election for which the ballot is sought.
D. In order to receive a ballot, the request by the qualified voter must include on their application:
1. The applicant’s first, middle, and last name and their residence address;
2. The Alaska residence address of the voter, other than an overseas voter qualifying under AS 15.05.011;
3. The method for receiving the ballot by electronic transmission;
4. The information necessary for the voter to receive the ballot by electronic transmission;
5. The voter’s signature;
6. A telephone number where the voter can be contacted;
7. A form of identification. The form of identification provided must be the voter’s:
a. Voter registration number;
b. Last four digits of the voter’s social security number;
c. Date of birth;
d. Alaska driver’s license number; or
e. Alaska state identification number; and
8. Acknowledgement that a marked or unmarked ballot sent by fax or email is less secure than a ballot cast by mail or in person, and acceptance of this risk by acknowledging the following statement on the application:
I understand and agree that by using fax or email transmission to return my marked ballot, I am voluntarily waiving my right to a secret ballot to the extent necessary to process my ballot.
E. Ballots will be electronically transmitted to the borough clerk, as stated in the application. Ballots that are mailed shall be handled according to WMC 2.24.030.
F. Ballots received by fax or by email shall be stored in a secure location by the borough clerk and processed by the canvass board.
G. Deadlines for Returning Ballot.
1. Return by Mail. 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 borough clerk. The ballot may not be counted unless it is:
a. Postmarked on or before election day and received by the borough clerk no later than 12:00 p.m., Alaska time, the Thursday immediately following the election.
2. Return Electronically. A voter who returns the ballot by fax or email must comply with the same deadlines as for voting in person on or before the closing of the election.
a. Voted ballots received by fax or email no later than 8:00 p.m. on election day are timely.
H. Processing of Completed Faxed or Emailed Ballots.
1. When a completed ballot is received by fax or email, the borough clerk or election official will note the date of receipt on the fax or email ballot application and, if the ballot is received on election day, the time of receipt.
2. Ballots returned by fax or email with a missing or mismatched signature shall be processed in accordance with WMC 2.28.040.
3. The borough clerk shall mark faxed and emailed ballots on the official voter register. A ballot transmitted by fax or email shall be processed in the following manner:
a. The borough clerk will transfer the information from the electronically transmitted ballot to the official absentee ballot for the purpose of counting by optically scanned tabulation. The deputy clerk or another member of borough staff shall witness and attest to the accurate transfer of information. The official absentee ballot and the printed copy of the electronically transmitted ballot shall be placed in a secrecy sleeve.
b. The borough clerk shall seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail and seal the envelope.
c. The borough clerk shall attach the voter identification portion to the outer envelope.
d. The borough clerk shall place the sealed envelope in a secure location for the canvass board to process.
Faxed and emailed ballots shall be processed using the procedure above, even though this procedure may reveal to one or more election officials the manner in which a particular voter cast his or her ballot. However, it shall be unlawful to display a ballot transmitted by fax or email in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the borough clerk or an election official. [Ord. 1058 § 3, 2024.]
2.24.050 Absentee ballots – Replacements.
The clerk shall also personally or by separate notation or memorandum or by notation printed upon the back of the official envelope advise the absentee voter that a new ballot will be furnished upon request if time permits, if a voter loses, improperly marks or otherwise damages a ballot, but replacement ballots may be requested no more than three times. [Ord. 270 § 5, 1972; prior code § 36.35.030(c).]
2.24.060 Absentee ballots – Emergency application.
Any qualified voter who is a patient under the care of a physician in a hospital or a private home or who is held in jail or other place of detention on the day of election and is unable to go to the polling place of his precinct to vote may request delivery of absentee voting materials to him after the time period for such application has closed. Such request may be by telephone or by a third party on the voter’s behalf. If, in the opinion of the clerk, there is time for the voted ballots to be returned before the closing of the polls, a duly appointed and sworn election clerk shall take the ballot, along with the application form and other necessary materials, to the voter. After having filled out and signed the application for absentee ballot, the voter shall cast his ballot in the same manner provided in this chapter for absentee voting in the clerk’s office. If there is doubt of the voter’s qualification, he may be required to comply with the challenged ballot procedure, except that in this case the challenge may be stated on the return envelope and the affidavit printed thereon is adequate. All absentee ballots under this section shall be held, unopened, by the election board, together with the emergency applications, and delivered to the election supervisor, to be forwarded, unopened, to the canvass board. [Ord. 417 § 6, 1981; Ord. 270 § 5, 1972; prior code § 36.35.030(d).]
2.24.070 Absentee ballots – Forwarding to canvass board.
The borough clerk shall hold absentee ballots received until the canvass board convenes, at which time the clerk shall deliver same to the canvass board. [Ord. 827 § 6, 2008; Ord. 417 § 7, 1981. Formerly 2.24.080]