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FY1966-20 Amending Ord. No. 65-4 Conduct of Borough ElectionsKODIAK ISLAND BOROUGH ORDINANCE NUMBER 66 -20 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH, KODIAK, ALASKA, PROVIDING FOR ELECTION OF BOROUGH ASSEMBLYMEN, BOROUGH SCHOOL BOAR' MEMBERS, PROVIDING GENERAL RULES FOR THE CONDUCT OF BOROUGH ELECTI AND AMENDING ORDINANCE NO. 65 -4. BE IT ORDAINED BY THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH AS FOLLOWS: WHEREAS, Section 07.30.020 of the Alaska Statutes provides tha• the date of the regular election in the Borough shall be the same within the Borough as that for the council in the largest first - class city within the Borough, or on the first Tuesday of October, and provides further, that the Assembly may provide for different dates of election by ordinance, NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the KODIAK ISLAND BOROUGH that the regular election of the Kodiak Island Borough be held on the first Tuesday of each October, and special elections be held from time to time as the Borough Assembl, may deem necessary, and that the following general rules for the conduct of Borough elections, both regular and special, be and the same are hereby adopted: 1. Notice of Borough Election. The Borough Chairman shall cause to be published in one or mo e newspapers of general circulation within the Borough a Notice of the Borough election. Public notice shall also be given by post- ing Notices at each polling place designated by the Borough. The first publication and posting is to be made not less than twenty (20) days before the election. 2. Election Notices. Notices of election prescribed by paragraph one above shall state: a. The date of the election; b. The time of opening and closing the polling places; c. The location of the polliig places within the Borough d. The qualifications of vot e. The manner of nominating candidates; f. The type of election, i.e., general or special; g. The offices to be filled, or propositions submitted to the voters. Page One, ORDINANCE NUMBER 66 -20 -0 3. The Borough Chairman, before 8:00 A.M. on the day of the election, shall deliver to the election officials in each polling place a registration index. Every voter shall sign the regiatrati index before being given an official ballot. The person who has voted shall deliver his ballot to the election judges. 4. Hours of Voting. The polls in each polling place shall be open from 8 :00 a.m. until 8:00 p.m. on the election day. 5. The Borough Assembly, at their last regular meeting before the election, shall appoint three (3) judges for each polling plac who shall be qualified electors of the Borough and who constitute the election board for the polling place and precinct in which they are appointed to act. The officers of the election so appoint ed shall be residents in the Borough and of the precinct in which they are to serve. If any judge so appointed shall fail or refuse to serve or attend at the time and place appointed, the election officials present, with approval of the Borough Assembly, shall choose a qualified elector to serve in the absentee's place. 6. The following precincts and polling places are hereby esta lished for Borough Elections and may be changed from time to time as deemed necessary by the Borough Assembly by resolution: Alitak Precinct: for those qualified voters living in Alitak.Precinct, the polling place shall be the Akhiok School. Karluk Precinct: for those qualified voters living within Karluk and vicinity, the polling place shall be the Karluk School. Kodiak Precinct No. 1: For those qualified voters living within the Kodiak Precinct No. 1, the polling place shall be the City Hall. Kodiak Precinct No. 2: for those qualified voters living within Kodiak Precinct No. 2, the polling place shall be the Harbormaster Building. Kodiak Precinct No. 3: for those qualified voters living within Kodiak Precinct No. 3, the polling place shall be the State Armory Building. Larsen Bay Precinct: for those qualified voters living in Larsen Bay and vicinity, the polling place shall be the Larsen Bay School. Mission Road Precinct: for those qualified voters living outside the City Limits of Kodiak, but in the vicinity, the poll- ing place shall be the East Elementary School. Old Harbor Precinct: for those qualified voters living in Old Harbor and vidriity, the polling place shall be the Old Harbor School. Ouzinkie Precinct: for those qualified voters living in Ouzinkie and vichity, and on Afognak, Raspberry, Whale Island and islands North of Kodiak Island proper, but within the Kodiak Islan Bo.mxgh, the polling place shall be the Ouzinkie School. Port Lions Precinct: for those qualified voters living on the Kupreanoff Peninsula, the polling place shall be the Port Lions Community Center. Uganik Bay Prechct: for those qualified voters living in the Uganik Bay Precinct, the polling place shall be the West Point Ca ery. Page Two, ORDINANCE NUMBER 66 -20 -0 7. Oath of election officials The election officers so chosen shall each take or subscri the following oath: "I, , do solemnly swear (or affirm) that I will honestly and faithfully perform the duties of judge of elec- tion according to law; that I will assiduously endeavor to prevent fraud, deceit or abuse in conducting the election, to the best of my ability, SO HELP ME GOD." 8. Closing of Polls. Thirty minutes before the closing of the polls on the day of election one of the judges shall proclaim the time remaining befor the polls shall close and when the polls are closed the fact must be announced aloud, and after such proclamation, no ballots shall be received except those qualified electors present at the polls at the time for closing and waiting to vote. 9. Form of ballot. The proposition to be voted on or the names of allcandidates be voted for shall be printed on one ballot, including both candi ates for Borough Assembly and Borough School Board. Preceding th list of candidates for each office there shall be the words.: "Vote for not more than ", inserting the actual number of pe sons who are to be elected to the office in question, as the case may be. On the back of the outside of the ballot, so as to be clearly visible when folded, shall be printed the words "Official Ballot ", date of the election, and a facsimile signature of the Borough Chairman. The ballot shall be of plain, white paper, through which writing or printing cannot be read. The names of the candidates shall be printed in capital letters, not less than one - eighth of one inch, (1/8 "), or more than one - fourth of one in .h. (1/4 ") in height, and at the beginning of each line in which the candidate's name is printed, a square shall be printe the sides of which shall be not less than one - fourth of one inch (1/4 ") in length. Ballots shall be numbed consecutively. Candi ates names shall be arranged alphabetically and their positions changed in the manner required by State law for State General Elections. 10. Printing and delivery of ballots, receipts therefor. For all elections to which this chapter applies, the Borough Chairman shall have charge of the printing of the ballots and sha l deliver them to the election board preceding the opening of the polls. Ballbts shall be printed and in the possession of the offic er charged with distribution of the same at least one day before election, and subject to the inspection of candidates and their agent; such ballots shall be placed in separate sealed packages with marks on the outside clearly designating the number of ballots enclosed, by their printed numbers, and the receipt therefore taken from the election board to which they are delivered, which receipt shall be preserved in the records of the Borough office. 11. Vot±g Booths. It shall be the duty of the Borough Chairman to cause to be erected, in the polling places designated by the Borough. Assembly sufficient number of booths which shall be supplied with such supplies and conveniences, including shelves, and pencils, as wil enable the voter to mark his ballot for voting and in which the Voter may prepare his ballot screened from observation. The ballot boxes shall be within plain view of the election officers and the, persons within the polling place , outside of the booths: each of the said booths shall have three sides enclosed. Page Three, ORDINANCE NUMBER 66 -20 -0 12. Voting Procedure. Upon receipt of the ballot, the voter shall forthwith retire alone to the voting booth provided, and shall prepare his or her ballots by marking in the appropriate margin or place opposite the name of the candidate of his other choice; providing however, that such voter shall not vote for more than the proper number of candi- dates to be elected to each office. Before leaving the voting booth, the voter shall fold his ballot in such_ a manner as to show and display the serial number thereof. He shall then hand the same to one of the judges of the election who shall examine it, and if found to be correctly numbered, shall deposit it in the ballot box after tearing off the number thereon. He shall mark his ballot without undue delay. No person shall take any ballots from the polling places before the closing of the polls. Any voter who shall, through accident or mistake, mutilate or spoil the ballot given to him, shall upon returning the same to the judges receive another in place thereof. Any voter who shall swear upon oath to be administered by one of the judges of t election, that he cannot read the English language, or that by reason of physical disability he is unable to mark his ballot, shall upon request be assisted in the same by two of the election judges to be agreed upon between the judges themselves; such judges shall not divulge any information derived from so doing. The election board shall cause to be entered upon the voter's registration index, after the name of a voter receiving assistance a memorandum of such fact. Intoxication shall not be regarded as a physical disability, and no intoxicated person should receive assistance in marking his ballot. 13. Defective or challenged ballots. If the voter shall nark more names than there are persons to be elected to any office, or if for any reason it is impossible to tell the voter's choice for any office to be filled, the ballot shall not be counted for such office. Ballots not counted shall be marked "Defective" on the back thereof, and to which objection has been made shall be marked "Objected to" on the back thereof and signed by the one of the judges, stating why the ballot was not counted, and all defective ballots shall be enclosed in an envelope and so marked so as to distinguish the contents. All ballots not voted, and all ballots spoiled by the voters shall be returned by the judges of the election to the Borough Chairman, and receipt taken therefore, and the same shall be kept for six (6) months. 14. Counting Ballots. As soon as the polls are finally closed, the judges shall open the boxes containing the ballots cast, and when the same have been counted and results ascertained, the same shall be checked again and in no case shall the ballot box be removed from the room in which any election shall be held until all the ballots have been finally. counted. The counting of ballots shall in all cases be public. The judges shall write down each office to be filled and the name of each person to be voted for on such office and they shall keep the number of votes by tallys as they are read aloud. The counting of votes shall be continued without interruption or adjournment until all are counted. 15. Stringing and preservation of ballots. It shall be the duty of one of the judges to string the ballot at the time Igfingiodammiedmis of the counting, and after all of the ballots have been counted and strung, it shall be the duty of the judges to place them in a sealed envelope, and to write thereon: Page Four, ORDINANCE NUMBER 66 -20 -0 "Ballots of Borough Election of the Kodiak Island Borough held this day of , 19_. " And to deliver said sealed envelope to the Borough Chairman who shall keep the same unopened for one year, to be used only as evidence in case of contest when called for; and at the end of which time the same shall be burned in the presence of two borough assemblymen as witnesses and a memorandum in writing be kept of these facts. 16. Certificate of Election. As soon as all the votes are read off and counted, a certificate shall be drawn up upon each of the papers containing the poll lists and tallys or attached thereto stating the number of votes each person voted for has received and designating the office for which he was. voted. Said certificate shall be signed by the election board, and the same, with the registration index, tallys, votes of the judges and other papers shall be sealed in an envelop: by the judges and endorsed "Election Returns" and be delivered to the Borough Chairman. It shall be the duty of the Borough Chair- man or his authorized representative to pick up all election materials immediately following the conclusion of the duties of th election boards. 17. Qualifications of voters. Any person may vote who (1) is a citizen of the United States; (2) has passed his nineteenth birthday; (3) has been a resident of the State for at least one (1) year just before the election; (4) has been a resident of Kodiak Island Borough and the precinct in which he seeks to vote for at least 30 days prior to the election and (5) can speak or read English unless prevented by physical disability. 18. Nominations. Candidates for assemblymen outside the City of Kodiak shall be nominated by Petition of fifty (50) qualified voters of the Kodiak Island Borough who are resident outside the City. Candi- dates for Borough School Board shall be nominated by Petition of fifty (5 qualified voters of the Kodiak Island Borough. All nominating petitions for Borough Assembly members and Borough School Board members shall be filed in the Borough office for acceptance at least fifteen (15) days before the date set for the election. 19. Absentee Voting. A. Persons entitled to vote: Any qualified voter within the Kodiak Island Borough who expects to ae absent from his elect- ion precinct on day of election, or who will be unable to vote in said Borough election precinct by reason of physical disability on the day on which. any general or special election is held, or i he believes that he will be unable to be present at the polls because of the physical inaccessability of the polling place caus ing undue travel expense, hardship or hazard, may cast a ballot in said Borough election upon complying with these provisions for casting absentee ballot. B. Application for ballots; time requisites; Not more than twenty (20) nor less than five (5) days where filing by mail, and not more than twenty (20) nor less than one (1) day where fil ing in person, prior to any Borough election, any voter, being prrperly qualified, who expects to be absent from his election precinct,\orr unable to vote therein on the day of election, may file ei r in person, or by mail, his written application with the Borough. Clerk for an absen ge voter's ballot. The applicatio shallbe signed by the applica, show hi.s place of residence, Pave Five, ORDINANCE NUMBER 66 -20 -0 and shall make clear to the Clerk of the Borough the applicant's right to a ballot. The Clerk shall note by entry into a register for such purpose the name, address, and all pertinent information pertaining, including ballot number (s) for all absentee ballots issued by his office. C. Instructions to Voter regarding absentee ballot when voting absentee or away from precinct or polling place: The absent voter must appear before any notary public, or any officer in the district, city, county, borough, territory, or other Federal district, or in any state, territory or district within the United States, or in the District of Columbia, or befor two attesting witnesses, both of whom shall be qualified voters of the Kodiak Island Borough. 1. The voter shall first display the ballot to the officer or witnesses as evidence that it is not marked, and shall then proceed to mark the ballot in the presence of the officer or witnesses, but in such manner that the attestant is unable to see low it is being marked. The voter shall then fold the ballot and enclose and seal it in the identification envelope provided. 2. The voter shall then make out or cause to be made out, and sworn to, the affidavit printed on the face of the envel- ope and deliver it, properly sealed, to the officer or witnesses before whom the ballot is marked. 3. Such officer or witnesses shall then certify to the affidavit printed on the face of the identification envelope, and enclose the envelope in the return envelope and seal it. After writing or stamping his name across the seal, he shall deliv er the envelope to the voter to be by him returned to the office of the clerk, Kodiak Island Borough, Post Office. Box 1246, Kodiak, Alaska. 4. Certification by said officer or witnesses must be affixed to the ballot envelope on or before the date of electio however all ballots cast under the provisions of this regulation shall, in order that they may be counted, be received by the cleri Kodiak Island Borough, from the absent voter, within five (5) days after the date of election, but must be postmarked on or before the day of election. ATIEST : ESIDIf First Reading and approval date: rSfiii 14C4 Second Reading, public hearing held and passage date; Sep -I 19 Page Six, ORDINANCE NUMBER 66 - - KODIAKISLAND BOROUGH CHAIRMAN