FY2009-19 Amending KIBC Title 7, Elections1 Introduced by: KIB Assembly
2 Requested by: KIB Assembly /Clerk
3 Drafted by: KIB Clerk
4 Introduced On: 04/02/2009
5 Public Hearing: 05/07/2009
6 Adopted: 05/07/2009
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2009 -19
10
11 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY
12 AMENDING THE KODIAK ISLAND BOROUGH
13 CODE OF ORDINANCES TITLE 7 ELECTIONS
14
15 WHEREAS, the Assembly desires to make changes to the Election Code of the Kodiak Island
16 Borough to bring it into compliance with existing laws.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
19 BOROUGH THAT:
20
21 Section 1: This ordinance is of a general and permanent nature and shall become a part of
22 the Kodiak Island Borough Code of Ordinances.
23
24 Section 2: Title 7 of the Kodiak Island Borough Code of Ordinances is amended as follows:
25
26 Title 7
27 ELECTIONS'' 2
28 Chapters:
29 7.10 General Provisions
30 7.20 Qualifications of Voters and Candidates
31 7.30 Procedures for Conduct of Elections
32 7.40 Canvassing and Certification of Election Returns
33 7.50 Absentee Voting
34 7.60 Election Pamphlet
35 7.70 Elections by Mail
36
37 'For statutory provisions governing municipal elections, see AS X29.26; for provisions
38 requiring the assembly to prescribe the general rules for the conduct of municipal elections, see
39 AS 29.26.010.
40
41 2 Editor's note: Chapter 2.01 KIBC, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and
42 Ord. 90 -07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of the
43 clerk.
44
Kodiak Island Borough, Alaska
Ordinance No. FY2009 -19
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45 Chapter 7.10
46 GENERAL PROVISIONS
47
48 Sections:
49 7.10.010 Incorporation of state and federal law.
50 7.10.020 Severability.
51 7.10.025 Propositions and questions.
52 7.10.030 Liquor sales permitted.
53 7.10.040 Clerk to administer elections.
54 7.10.050 Time of election.
55 7.10.060 Notice of elections.
56 7.10.070 Election expenses.
57 7.10.080 Election supplies and equipment.
58 7.10.090 Preservation of election ballots, papers and materials.
59 7.10.100 Definitions.
60
61 7.10.010 Incorporation of state and federal law.
62 All provisions of the Constitution of the United States, the Constitution of the state and any
63 laws pursuant to said Constitution affecting borough elections are incorporated in this chapter
64 as if fully set out in this chapter.
65
66 7.10.020 Severability.
67 If any provision of this title or its application to any person or set of circumstances is held
68 invalid, the remainder of the chapter or its application to other persons or circumstances shall
69 not be affected.
70
71 7.10.025 Propositions and Questions.
72 An ordinance placing propositions and questions before the voters must be adopted not
73 later than 53 calendar days before a regular election, or 60 calendar days before a special
74 election.
75
76 7.10.030 Liquor sales permitted.
77 The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held.
78
79 7.10.040 Administration of elections.
80 A. In this title, the assembly has prescribed the general rules for the conduct of borough
81 elections.
82 B. The clerk, in accordance with the provisions of this title, shall administer all borough
83 elections. The clerk ensures that the borough complies with the U.S. Voting Rights Act to make
84 sure that minority- speaking residents are able to exercise their right to vote. Preclearance shall
85 be obtained from the Department of Justice prior to holding a special election, as required by
86 the Federal Voting Rights Act.
87
88 7.10.050 Time of election.
89 A. Regular elections shall be held on the first Tuesday in October each year.
90 B. All elected officials of the borough shall be elected at the regular election in such years
91 as their respective terms of office expire.
92 C. The polls shall be open in each precinct for the purpose of voting in accordance with the
93 established state hours for the election.
94 D. Initiative and referendum elections. The provisions in AS 29.26.170 shall apply for
95 initiative elections and AS 29.26.180 for referendum elections.
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
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96
97 7.10.060 Notice of elections.
98 A. The clerk shall post a notice of each regular election in three public places and publish at
99 least twice in one or more newspapers of general circulation in the borough, the first such
100 publication to be accomplished at least 30 days prior to the election. For special elections, the
101 first such publication is to be accomplished at least 20 days prior to the election. The clerk shall
102 give such other notice to the public as may be required by resolution of the assembly.
103 B. Each notice of election shall include:
104 1. The type of election, regular or special;
105 2. The date of the election;
106 3. The hours the polls will be open;
107 4. The offices to which candidates are to be elected;
108 5. The subjects of propositions and questions to be voted upon;
109 6. Voter qualifications and instructions for registration; and
110 7. Instruction for absentee voting; and
111 8. Location of precinct polling places.
112 C. At least one day before the election, the clerk shall
113 - - - : : : : :: - e- - : : e publish in a newspaper of general circulation and post in
114 at least three public places in the borough £438Gi.114814 sample ballots with instructions to voters.
115 Specimen Sample ballots shall be substantially similar to the official ballots and shall be marked
116 "sample ballot" in place of the words "official ballot."
117 D. Before a general obligation bond issue election, the clerk shall publish notice of the
118 borough's total existing bonded indebtedness at least once a week for three consecutive weeks.
119 The first notice shall be published at least 20 calendar days before the date of the election. The
120 notice shall state:
121 1. The current total general obligation bonded indebtedness, including authorized but
122 unsold bonds of the borough;
123 2. The cost of the debt service on the current indebtedness; and
124 3. The total assessed valuation of property in the borough.
125
126 7.10.070 Election expenses.
127 A. The borough shall pay all necessary election expenses, including those of securing
128 polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and
129 other supplies and any wages to election officials unless otherwise provided by this code.
130 B. The borough shall pay each election board member and canvass board member the
131 hourly rate provided for similar election officials for state elections for the time spent at their
132 election duties, including the receiving of instructions.
133
134 7.10.080 Election supplies and equipment.
135 A. The clerk shall furnish to the election board of each
136 precinct - : - - : - - - - - - - - - a precinct register and shall equip and supply
137 each polling place with sufficient materials for that precinct's election, including those materials
138 required by this section.
139 B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to
140 mark them, and how to obtain new ballots to replace those destroyed or spoiled. These
141 instructions &hall bo printod on cardc in largo, cloar typo and shall be distributed to the election
142 boards to be prominently displayed in each polling place. The clerk shall provide booths at each
143 polling place with appropriate supplies and conveniences to enable each voter to mark kris -the
144 voter's ballot screened from observation. Ballot boxes shall be placed outside the voting booths
145 in plain view of the election officials, voters, and other persons at the polling place.
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7.10.090 Preservation of election ballots, papers, and materials.
The clerk shall preserve all precinct election certificates, tallies, precinct registers, receipts
for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention
schedule resolution. These materials may be destroyed after their retention period has lapsed
unless an application for a recount has been filed and not completed, or unless their destruction
is stayed by an order of the court. Certificates of the canvass board are to be preserved as
permanent records.
7.10.100 Definitions.
In this chapter, unless the context requires otherwise:
"Clerk" means the borough clerk or any properly authorized assistant or designee;
"Days" includes weekends and holidays;
"Election" includes any regular or special election of the borough;
"Election officials "' means the clerk or #is the clerk's designee, election judges, election
clerks, receiving /counting team, and canvassing boards;
"Election supervisor" means the clerk;
"Oath" includes affirmation;
"Precinct" means the territory established by the state;
"Proposition" includes question;
"Publication" means a newspaper of general circulation or posting in public places;
"Qualified voter" means any voter who:
1. Is a citizen of the United States;
2. - .. - - • ... • _ _ - . - .. is 18 years of age or older;
3. Has been a resident of the state and of the borough for at least 30 days just before
the election;
4. Has registered at least 30 days before the election as required by AS 15.07 and is not
registered to vote in another jurisdiction; and
5. Is not disqualified under Article V of the State Constitution;
"Regular election" means a general election to fill assembly offices as required by KIBC
7.10.050(B);
"Special election" means any election held at a time other than when a regular election is
held;
"Swear" includes affirm; and
"Voter" means acv person who presents #imoneself for the purpose of voting, either in
person or by absentee ballot.
Chapter 7.20
QUALIFICATIONS OF VOTERS AND CANDIDATES
Sections:
7.20.010
7.20.015
7.20.020
7.20.030
7.20.035
7.20.040
Qualifications of voters.
Rules for determining residence of a voter.
Candidate qualifications.
Declaration of candidacy by petition.
Public official financial disclosure statements.
Corrections, amendments and withdrawal of nominating petitions.
7.20.010 Qualifications of voters.
A. A person is qualified to vote in borough -wide elections who:
1. Is a citizen of the United States;
2. - - - - - - . . . . . . . . . . . I s • 18 years of age or older;
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199 3. Has been a resident of the stato and of the borough and the precinct in which the
200 person seeks to vote for at least 30 days preceding the election;
201 4. Is registered to vote in state elections at a residence address within a municipality at
202 least 30 days before the election at which the person seeks to vote;
203 54. Has registered at (oast 30 days before the election as required under AS 15.07 with
204 tho stato and is not registered to vote in another jurisdiction; and
205 65. Is not disqualified under Art. V of the State Constitution.
206 B. A person is qualified to vote in a service area election if the person meets the above
207 requirements of subsection A of this section and has been a resident of the service area in
208 which the person seeks to vote for at least 30 days immediately preceding the election.
209 C. If a voter's polling place is in question, a voter shall be allowed to vote and any election
210 official shall consider the ballot as a questioned ballot.
211
212 7.20.015 Rules for determining residence of voter.
213 For the purpose of determining residence for voting, the place of residence is governed by
214 the following rules:
215 A. The residence of a person is that place in which habitation is fixed and to which,
216 whenever the person is absent, the person has intention to return. If a person resides in one
217 place but does business in another, the former is the person's place of residence. There can
218 only be one residence.
219 B. A person does not gain or lose residence solely by reason of the person's presence while
220 employed in the service of the United States or of this state, or while a student of an institution
221 of learning, while in an institution or asylum at public expense, or while confined in a public
222 prison or while residing upon an Indian or military reservation.
223 C. No member of the armed forces of the United States, the person's spouse or dependent
224 is a resident of this state solely by reason of being stationed in the state.
225 D. A person does not lose residence if the person leaves home and goes to another country,
226 state, or place in this state for temporary purposes only and with the intent of returning.
227 E. A person does not gain a residence in a place to which the person's comes without a
228 present intent to establish a permanent dwelling there.
229 F. A person loses residence in this state if the person votes in another state's election, either
230 in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying
231 under AS 15.05.010 and this chapter.
232 G. The term of residence is computed by including the day on which the person's residence
233 commences and by excluding the day of the election.
234
235 7.20.020 Candidate qualifications.
236 A. Candidates for mayor, assembly, and school board must be qualified voters of the
237 borough and residents of the borough for one year at the time of filing.
238 B. A person may not serve simultaneously as mayor and as a member of the assembly, as
239 mayor and a member of the school board, or as a member of the assembly and member of the
240 school board.
241 C. No elected official of the borough may hold any other compensated borough office or
242 borough employment, or elected position in the state or federal government while in office.
243 D. No person shall be a candidate for more than one assembly seat at any election.
244 BE. Candidates for service area boards must be qualified voters of the borough and
245 residents of the service area for at least 30 days immediately preceding filing for office.
246 F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the
247 election, to be recognized as a candidate for any election.
248 G. Write -in candidates for mayor, assembly, and school board shall file an Alaska Public
249 Offices Commission (APOC) official financial disclosure statement with the clerk as required by
250 the provisions of AS 39.50.
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7.20.030 Declaration of candidacy-lay-petition.
A. At least 65 75 days before each regular election, the clerk shall publish in one or more
newspapers of general circulation in the borough a notice of offices to be filled at the election
and the the procedure for filing a declaration of candidacy.
Packets containing declarations of
candidacy shall be available from the clerk's office no later than the day the filing period opens.
Declarations of candidacy shall be submitted in original form and shall not be submitted
electronically.
C. A declaration of candidacy shall be in a form provided by the clerk and shall state the
following:
1. The full name of the candidate, and the manner in which the candidate wishes the
candidate's name to appear on the ballot;
2. The full residence and mailing addresses of the candidate;
3. The office for which the candidate declares;
4. That the candidate is qualified for the office as provided by law;
5. The date and notarized statement of the candidate;
6. The candidate shall certify information contained in the declaration of candidacy is true
and accurate;
7. Any other information that the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
8. The declaration of candidacy must be signed by 10 qualified voters of the borough.
D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk
from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday,
candidates shall have until 4:30 p.m. on the first Monday following to file their declaration.
E.
qualifications to fill tho offico for which ho is filing. Within four business days after filing a
declaration of candidacy, the clerk shall notify the candidate as to whether it is in proper form. If
not, the clerk shall immediately return the declaration of candidacy to the candidate with a
statement certifying how the nominating petition is deficient.
7.20.035 Public official financial disclosure statements.
A. Candidates for elective borough office and declared write -in candidates shall file an
Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk
as required by the provisions of AS 39.50 at the time of filing a declaration of candidacy. The
name of the candidate shall be placed on the ballot by the clerk only after the candidate has
complied with this requirement. This subsection does not apply to candidates for service area
boards.
7.20.040 Corrections, amendments and withdrawal of nominating petitions.
A. Any candidate may correct, amend, or withdraw the candidate's nominatieR declaration of
candidacy at any time during the period for filing nominating petitions by appropriate written
notice to the clerk. However, after the filing has closed, no petitien declaration of candidacy may
be corrected, amended, or withdrawn.
B.
a now form from tho clork. If a person chooses to run for a different seat, a declaration of
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Ordinance No. FY2009 -19
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303 candidacy for that seat shall be filed with the clerk's office. A declaration of candidacy for a
304 particular seat may not be substituted for another office or seat.
305
306 Chapter 7.30
307 PROCEDURES FOR CONDUCT OF ELECTIONS
308
309 Sections:
310 7.30.010 Election officials.
311 7.30.020 Precincts and polling places.
312 7.30.030 Ballots — Form.
313 7.30.040 Ballots — Distribution.
314 7.30.050 Voting devices and machines.
315 7.30.060 Voting procedures at the polls.
316 7.30.070 Questioned votes ing- procedures.
317 7.30.080 Disposition of questioned votes.
318 7.30.090 Unused ballots.
319 7.30.100 Geunting-eallots Official closing of polls.
320 7.30.110 Completion -o# General procedure for ballot count.
321 7.30.120 Rules for counting ballots.
322 7.30.130 Tally of votes.
323
324 7.30.010 Election officials.
325 A. The assembly shall appoint at least three fudges election officials in each precinct to
326 constitute the election board of that precinct. The borough clerk is the election supervisor. One
327 judge election official shall be designated as chair and shall be ordinarily responsible for
328 administering the election in that precinct. The borough clerk may appoint up-to three additional
329 election clerks officials at any polling place where they are needed to conduct an orderly
330 election and to relieve the- election-fudges other election officials of undue hardship.
331 B. All election officials should attend a training session unless personally and specifically
332 excused for cause by the borough clerk. If any appointed election official is not able to or
333 refuses to serve on election day, the borough clerk may appoint a replacement for that official.
334 C. Each election official serving at a precinct polling place must be a qualified voter and, if
335 possible, a resident within the precinct for which appointed.
336 D. All election judgessand- clerks officials, before entering upon their duties, must subscribe
337 to the oath required of all public officers by the constitution of the state in the manner prescribed
338 by the borough clerk.
339 E.
340 : = = - - Candidates shall not serve as election officials. Certain
341 familial relationships may not exist between a candidate and a precinct election official, member
342 of a ballot receiving /counting team or canvass board in regular or special elections. Those
343 familial relationships are:
344 1. Mother, mother -in -law, stepmother;
345 2. Father, father -in -law, stepfather;
346 3. Sister, sister -in -law, stepsister;
347 4. Brother, brother -in -law, stepbrother;
348 5. Spouse; or
349 6. Person sharing the same living quarters.
350 F. If the clerk knows or learns that any of these relationships exist, the precinct election
351 official shall be notified and replaced.
352
353 7.30.020 Precincts and polling places.
354 A. The precincts established by the state and set forth in the Alaska Administrative Code
355 shall be the precincts for all elections. The borough clerk shall secure a polling place for each
Kodiak Island Borough, Alaska
Ordinance No. FY2009 -19
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356 precinct for each election. Whenever practicable, the polling place shall be located within the
357 precinct.
358 B. No later than 20 days before each regular and special election, the borough clerk shall
359 publish in one or more newspapers of general circulation in the borough the locations of the
360 precinct polling places. Such publication shall be repeated at least once no later than the day
361 prior to the election.
362
363 7.30.030 Ballots — Form.
364 The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the
365 voting procedure, to reflect most accurately the intent of the voter, and to expedite the
366 administration of elections. The following directives shall be followed when applicable:
367 A. The clerk shall determine the size of the ballot, the type of print, necessary additional
368 instructions to voters, and other similar matters of form not provided by law.
369 B. The clerk may contract for the preparation of ballots, instructions to voters, and other
370 similar matters of form not provided by law without obtaining competitive bids.
371 C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as
372 such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series
373 to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set
374 off by perforations for ease of removal.
375 D. All candidates to the same office shall be shown on one ballot. The title of each office to
376 be filled shall be followed by the printed names of all candidates for that office, and provisions
377 shall be made for write -ins equal in number to the positions to be filled. The names of
378 candidates shall be printed as they appear upon the declaration of candidacy except that any
379 honorary or assumed title or prefix shall be omitted. The words "Vote for not more than ,"
380 with the appropriate number replacing the blank, shall be placed before the lists of candidates
381 for each office. Names of candidates shall appear on the ballot with the position of names of the
382 candidates set out in the same order in each section on each ballot used as prescribed in
383 Alaska Statutes for state elections. However, the order of placement of the names of the
384 candidates for each office shall be randomly determined by the clerk for ballots printed for use.
385 E. Following the offices and candidates, there shall be placed on the ballot or on separate
386 ballots, as the clerk may determine, all propositions or questions to be voted on. The words
387 "YES" and "NO" shall be placed below the statement of each proposition or question. The clerk
388 shall determine the number of ballots to be used to present all offices, propositions, and
389 questions to the qualified voter.
390 F. Each ballot shall bear the words "Official Ballot" and the date of the election.
391 G. The clerk shall have printed and available at each polling place, on election day and in
392 the clerk's office preceding the election, sample ballots for each election.
393
394 7.30.040 Ballots — Distribution.
395 A. The clerk shall have possession of the ballots at least 15 days before each regular
396 election. At that time, the ballots may be inspected by any candidate whose name is on the
397 ballot, or his the candidate's authorized agent, and any mistake discovered shall be corrected
398 immediately. Sufficient ballots for each precinct shall be delivered to the
399 election board for that precinct.
400 B. The ballots shall be delivered in a separate sealed package, with the number of ballots
401 enclosed clearly marked on the outside of the package. A receipt shall be taken for the election
402 board member to whom each package is delivered in person or by mail.
403
404 7.30.050 Voting devices and machines.
405 Voting devices and machines will be used for all regular and special elections unless
406 determined not to be practical by the clerk.
407
408
Kodiak Island Borough, Alaska
All necessary supplies for the assistance of voters, such as sample
Ordinance No. FY2009 -19
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Kodiak Island Borough, Alaska
409 ballots, instructions, booths, etc., shall be provided.
410 are- used-:
411
412 7.30.060 Voting procedures at the polls.
413 A. Before issuing any ballots, the election board must, in the presence of any persons
414 assembled at the polling place, open and exhibit the ballot box to be used at the polling place as
415 empty. The ballot box then shall be closed and shall not be opened again or removed from the
416 polling place until the polls have closed.
417 B.
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The election official shall keep a precinct register in which each voter, before receiving a
ballot shall sign the voter's name. By signing the register, the voter declares that the voter is
qualified to vote. If a voter signs the precinct register and then leaves the polling place without
voting or votes a questioned ballot, the election official shall cross the voter's name off the
precinct register and make a note next to the name that the voter did not vote. If a voter's polling
place is in question, a voter shall be allowed to vote
ballet-as a questioned ballot.
C. Before being allowed to vote, each voter shall exhibit to an election judge official one
form of identification listed on the "Have ID" poster from the state.,
liconco. An election judge official may waive the identification requirement if itie the official
knows the identity of the voter, except when "Must Show ID" is printed in the signature block
above the voter's name. The ID requirement for this voter may not be waived. A voter who
cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.
D. When the voter is qualified to vote, the election judge official shall give tlife the voter an
official ballot. The voter shall retire to a booth or private place to mark the ballot. The ballot must
be voted at the polling place and no ballot may be removed from the polling place until the
election judges officials have completed their post election duties.
A qualified voter who
cannot read and mark the ballot, or sign the register, may request an election official, a person,
or not more than two persons, chosen by the voter, to provide assistance. Upon the voter's
request, the election official shall provide the assistance. If any other person is requested, that
person shall state upon oath before the election official that the person shall not divulge the vote
cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated
person should receive assistance in marking that voter's ballot.
F. If a voter improperly marks or otherwise damages a ballot, 4e the voter shall return it to
the election officials, concealing the manner in which it is marked from view, and shall request a
new ballot. The election officials shall destroy the damaged spoiled ballot after having recorded
it in the spoiled ballot accountability statement s numbor and shall issue a new ballot to the
voter. - = - - - - - - - -. The
destroyed ballot should be kept and stored in the spoiled ballots envelope. A voter may only be
issued up to two replacement ballots. No voter should receive more than three ballots.
proclaimod. When tho polls aro clocod for tho purpocos of voting, that fact chall likowico be
Ordinance No. FY2009 -19
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463
464 7.30.070 Questioned votesing- preseduros.
465 A. Every election judge official shall question, and any person qualified to
466 voter may question
467 _ _ _ _ _ _ _ - _ _ - _ _ _ - _ _ _ _ _ - - • _ _ _ _ _ _ - , a person attempting to vote if
468 the questioner has good reason to suspect that the questioned person is not qualified to vote
469 under KIBC 7.20.010. All questions regarding a person's qualifications to vote shall be made in
470 writing setting out the reason the person has been 44 the questioned. A questioned person,
471 before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe to an
472 oath and sign the affidavit on the form.
473
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479 questioned —shall by complete filling out a
480 questioned ballot oath and affidavit envelope.
481
482 7.30.080 Disposition of questioned votes.
483 A voter who casts a questioned ballot shall vote We the ballot in the same manner as
484 prescribed for other voters. After the election judge official removes the numbered stub from the
485 ballot, the voter shall insert the ballot into a small blank gray envelope, seal it, and put the gray
486 envelope in - - - - = = - - - - - - - - - - - - - - - - - - - - - - - e_. = - the
487 questioned ballot oath and affidavit envelope. These lafger questioned ballot oath and affidavit
488 envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these
489 envelopes shall be counted (unopened) and compared to the voting list, segregated, and
490 delivered to the borough clerk for delivery to the canvass board. The election canvass board
491 shall review and judge the applicability of all questioned ballots.
492
493 7.30.090 Unused ballots.
494 The numbers of all ballots not issued shall be recorded and
495 - - returned to the
496 clerk. The numbers of ballots damaged spoiled by voters and replaced by election officials shall
497 also be recorded. The record of ballots not issued and ballots damaged spoiled and replaced
498 shall be preserved as set by the records retention schedule resolution.
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After the questioned person has taken the oath and
signed the affidavit, the person may vote. If the questioned person refuses to take the oath or
sign the affidavit, the person may not vote.
B. If a voter's polling place is in question, 14e the voter shall be allowed to vote, and any
ez
7.30.100 wing- ballets Official closing of polls.
C. If computor countod ballotc aro ucod, tho oloction officials shall mako a proliminary
mannor. After tho proliminary inspection is comploto, all tho ballots shall bo placod in tho
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522 Fifteen minutes before closing the polls, the time remaining before such closure shall be
523 proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be
524 proclaimed and thereafter no ballot shall be issued except to those voters who were present and
525 waiting their turn to go through the voting procedure at the time prescribed for closing the polls.
526 Failure to make the announcement at 15 minutes before closing time shall not in any way
527 invalidate the election or extend the time for closing of the polls.
528
529 7.30110 Completion General procedure for ballot count.
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565 {ion and ink. Tho marks will bo countod only if thoy aro subctantially insido tho cquaros oval&
D If papor ballots aro ucod, tho oloction board shall tally tho votos cast in tho mannor
A. The clerk shall prescribe the manner in which the precinct ballot count is accomplished
so as to ensure accuracy in the count and to expedite the process. The election officials shall
account for all ballots by completing a ballot accountability statement containing (1) the number
of official ballots received; (2) the number of official ballots voted; (3) the number of official
ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for
destruction to the clerk. The election officials shall count the number of questioned ballots and
compare that number to the number of questioned voters in the register. Discrepancies shall be
noted and explained to the best of the election official's ability in writing for delivery to the
borough clerk. The election board, in hand -count precincts, shall count the ballots in a manner
that allows watchers to see the ballots when opened and read.
B . Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
7.30.120 Rules for de counting ballots.
1. A failure to properly mark a ballot as to ono or moro candidatoc loos not in itsolf
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6. Any oracuro or corroction invalidatos only that coction of tho ballot on which it
A. The election board shall count ballots according to the following rules:
1. A voter may mark a ballot only by filling in, making "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, proposition, or question that the voter
desires to designate.
2. A failure to properly mark a ballot as to one or more candidates does not itself
invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a vote
shall be counted for each candidate properly marked.
4. If a voter marks more names than there are persons to be elected to the office, the
votes for candidates for that office may not be counted.
5. The mark specified in (1) of this subsection shall be counted only if it is substantially
inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the
particular oval to be designated.
6. Improper marks on the ballot may not be counted and do not invalidate marks for
candidates properly made.
7. An erasure or correction invalidates only that section of the ballot in which it appears.
8. Write -in votes are not invalidated by writing in the name of a candidate whose name is
printed on the ballot unless the election board determines, on the basis of other evidence, that
the ballot was so marked for the purpose of identifying the ballot.
9. In order to vote for a write -in candidate, the voter must write in the candidate's name
in the space provided and fill in the oval opposite the candidate's name in accordance with (1) of
this subsection.
10. Stickers bearing the candidate's name may not be used on the ballot.
B. The rules set out in this section are mandatory and there shall be no exceptions to them.
A ballot may not be counted unless marked in compliance with these rules.
7.30.130 Tally of votes.
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662 Chapter 7.40
663 CANVASSING AND CERTIFICATION OF ELECTION RETURNS
664
665 Sections:
666 7.40.010
667 7.40.020
668 7.40.025
669 7.40.030
670 7.40.040
8. Tally of Votoc by Computor.
1. Eloction judgos and clorks corving at tho counting conter shall bo appointod in tho
3. Aftor cortification that tho coal on tho ballot containor was intact upon rocoipt, a
procoscod by tho computor duo to physical damago shall bo stampod "DEFECTIVE" and chall
by tho court.
the- ballet.
A. Before each election, the assembly shall appoint at least three qualified voters, who shall
constitute the receiving /counting team.
B. The receiving /counting team shall receive all ballots, election materials, supplies, etc.
from the precinct election officials on election night.
C. If time allows, the receiving /counting team shall start the tallying of the write -in votes
according to the rules for determining marks on ballot prescribed in KIBC 7.30.120. Write -in
votes will only be tabulated when the total number of write -in votes for any office exceeds the
smallest number of votes cast for any candidate whose name is printed on the ballot.
D. The clerk shall issue instruction and shall provide forms and supplies for the tally of the
write -in votes.
Canvass of returns.
Certification of the election.
Simple majority — Votes required for election to office.
Election recounts.
Contest of election.
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
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672 7.40.010 Canvass of returns.
673 A. Before each election, the assembly shall appoint at least three qualified voters, who shall
674 constitute the election canvass board for that election. All members of the election canvass
675 board, before entering upon their duties, must subscribe to the oath required of all public officers
676 by the Constitution of the state in the manner prescribed by the clerk.
677 B. On the day following each election or as soon as is practicable, the election canvass
678 board shall meet in public session and canvass all election returns. The canvass may be
679 postponed for cause from day to day, but there shall be no more than three such
680 postponements. In full view of those present, the election canvass board shall judge the
681 applicability of absentee, questioned, and special needs, shall open and tally those accepted
682 and shall compile the total votes cast in the election. The canvass of the ballot vote counted by
683 precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to
684 check for mathematical error by comparing totals with the precinct's certificate of results. All
685 obvious errors found by the election canvass board in the transfer of totals from the precinct
686 tally sheets to the precinct certificate of returns shall be corrected in the canvass board
687 certificate of election returns and reported to the assembly as having been corrected. If in the
688 opinion of the canvass board a mistake has been made in precinct returns which is not clearly
689 an error in the transfer of results from the tallies to the certificate of results, the canvass board
690 may recommend to the governing body that a recount of that precinct's results be made for that
691 portion of the returns in question.
692 C. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot
693 shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter
694 fails to enclose leis the marked ballot inside the small gray envelope provided. The clerk or a
695 member of the election canvass board may question the qualifications of an absentee voter
696 when read from the voter's certificate on the back of the large envelope, if ho hac there is a
697 good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise
698 voted at the same election. The person questioning the qualifications shall specify the basis of
699 the question in writing. The canvassing board by majority vote may refuse to assept -he
700 question -and count the ballot. If the ballot is refused, the clerk shall notify the voter why the
701 ballot was refused by the canvass board
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721 7.40.020 Certification of the election.
722 A. As soon as possible after completion of the canvass, the assembly shall meet in public
723 session to receive the report of the canvass board. If, after considering said report, the
The envelope shall be labeled "rejected ballots"
If the ballot is not refused, the large
envelope shall be opened; the smallor inner gray envelope shall be placed in a container and
mixed with the other blank absentee ballot envelopes small gray envelopes., or in tho caso of
. The mixed smaller
blank gray envelopes shall be drawn from the container, opened, and the ballots counted
according to the rules of determining properly marked ballots.
D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the
results of votes cast by absentee, questioned, special needs, and ballots of votes cast by
regular ballot, and shall prepare and submit a written report of said results to the assembly.
E. If election materials have not been received from a precinct prior to completion of the
canvass, but election results have been transmitted in writing, ,
the canvassing board shall count the election results received. If the clerk has reason to believe
that a missing precinct certificate, if received, would affect the result of the election, the clerk
shall await the receipt of the certificate until 4 p.m. in the afternoon on the Tuesday following the
election. If the certificate is not received by the clerk by 4 p.m., Tuesday, then the certificate
shall not be counted nor included in the final certification of the canvassing board.
•
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
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724 assembly determines that the election was validly held, the election shall be certified by
725 resolution and entered upon the minutes of the meeting.
726 B. If the canvass board reports a failure to comply with provisions of state law and borough
727 ordinance or illegal election practices occurred and that such failure is sufficient to change the
728 outcome of the election, the assembly may exclude the votes cast in one or more precincts
729 where such failure or illegal practices occurred from the total returns or may declare the entire
730 election invalid and order a new election.
731 C. If the canvass board reports an apparent discrepancy in the returns of one or more
732 precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount
733 shall be conducted immediately by the canvassing board and the results reported to the
734 assembly.
735 D. In case of failure to elect a candidate because of a tie vote, the assembly shall
736 immediately cause the canvass board to recount the votes. If there is still a failure to elect
737 because of a tie after completion of the recount, the election shall be determined fairly by lot
738 from among the candidates tying in a meeting of the assembly and under its direction.
739 E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each
740 person elected to office a "certificate of election" signed by the clerk and authenticated by the
741 seal of the borough.
742
743 7.40.025 Simple majority — Votes required for election to office.
744 All borough offices shall be filled by the candidate(s) receiving the greatest number of votes.
745
746 7.40.030 Election recounts.
747 A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made
748 by an election official or by the canvassing board in counting the votes in an election, may file
749 an application requesting a recount with the clerk no later than 5 p.m. on the Monday following
750 the election or 24 hours after completion of the canvass board, whichever is later. The applicant
751 shall include a deposit in cash or certified check for $100.00. The deposit shall be applied
752 against any costs incurred pursuant to subsection E of this section or refunded if there is no
753 liability for recount costs. If the difference between two candidates is two percent or Tess, the
754 clerk shall initiate the recount and give notice to the interested parties.
755 B. The application shall specify in substance the basis of the belief that a mistake has been
756 made, the particular election precinct or precincts for which the recount is to be held, the
757 particular office, proposition or question for which the recount is to be held, and that the person
758 making the application is a candidate or that the 10 persons making the application are qualified
759 voters. The application for a recount shall bear the notarized signature of the candidate or the
760 10 qualified voters seeking the recount. The date on which the clerk receives an application,
761 rather than the date of mailing or transmission, determines whether the application is filed with
762 the time allowed under this subsection.
763 C. Upon receiving an application in substantially required form, the clerk shall appoint a
764 recount board of four or more qualified voters to conduct the recount of ballots, as soon as
765 possible, of those precincts cited in the application for recount. The rules governing the counting
766 of marked ballots by the election board shall be followed. Those requesting the recount, those
767 whose election is recounted, and the public shall be allowed to attend the recount proceeding.
768 D. Upon completion of recount, the recount board shall certify the results of the recount to
769 the assembly. The assembly shall declare the final election results and direct the clerk to deliver
770 to each person elected to office a "certificate of election" signed by the clerk and authenticated
771 by the seal of the borough.
772 E. The applicant or applicants for recount shall pay all costs and expenses incurred in a
773 recount of an election demanded by the applicant or applicants if the recount fails to reverse any
774 result of the election or the difference between the winning and losing vote on the result
775 requested for recount is more than two percent.
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F. A candidate or any person who requested a recount who has reason to believe an error
has been made in the recount involving any question, proposition, candidate or validity of any
ballot may appeal to the superior court within 10 days after the assembly has declared the
election results. If no such action is commenced within the 10 -day period, the election and the
election results shall be conclusive, final, and valid in all respects.
7.40.040 Contest of election.
A defeated candidate or any 10 qualified voters who contested an election may bring an
action in the superior court within 10 days after the assembly has concluded that said election
was validly held and the results entered upon the minutes. Such legal action shall be upon the
grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a
decision as required by AS 15.20.560 for state elections. If no such action is commenced within
the 10 -day period, the election and the election results shall be conclusive, final and valid in all
respects.
Chapter 7.50
ABSENTEE VOTING
Sections:
7.50.010
7.50.020
7.50.030
7.50.040
7.50.050
7.50.060
7.50.010 Eligibility.
Any person may vote absentee.
Eligibility.
Repealed.
Absentee voting — In person.
Special needs voting.
Absentee voting — By mail.
Designation of absentee voting officials.
7.50.020 Materials for absentee voting.
Repealed by Ord. 2002 -11. [Ord. 86 -22 -0 §2, 1986].
7.50.030 Absentee voting — In person.
A. Any person may apply for an absentee ballot in person from the clerk or an absentee
voting official 15 days before an election, up to and including the day before the date of the
election, during regular office hours, by completing an absentee in person envelope.
B. Upon completion of an absentee in person envelope and exhibition of proof of
identification as required in KIBC 7.30.060(C), the clerk or an absentee voting official shall issue
the ballot and small secrecy - envelope gray envelope to the applicant. The ballot must be voted
at the polling place and no ballot may be removed from the polling place.
C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place
the ballot in the small secrese gray envelope, place the small envelope gray envelope
in the absentee in person envelope, and sign the voter's certificate on the absentee in person
envelope in the presence of the clerk or absentee voting official who shall sign as attesting
official and date that signature. The clerk or absentee voting official shall then accept the ballot.
D. The clerk or absentee voting official may not accept a marked ballot that has been
exhibited by an absentee voter with the intent to influence other voters. If the absentee voter
spoils the ballot, the voter may receive up to two replacement ballots. up-to-a
No voter should receive more than three ballots. Exhibited or spoiled ballots
shall be destroyed. The numbers of all ballots destroyed shall be noted on the spoiled ballot
accountability statement and stored in the spoiled ballots envelope.
E. The clerk or absentee voting official shall keep a record of the names and signatures of
voters who cast absentee ballots and the dates on which the ballots were cast.
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871 7.50.050 Absentee voting — By mail.
872 A. Any person may apply for an absentee ballot by mail or by electronic transmission if
873 received by the clerk not more than six months nor less than seven days before an election. The
874 application shall include the address to —which where the absentee ballot shall be roterned
875 mailed and the applicant's full Alaska local residence address and signature.
876 B. After receipt of an application by mail, the clerk shall send the absentee ballot and other
877 absentee voting material to the applicant by at least first class mail. The materials shall be sent
878 as soon as they are ready for distribution. There shall be a smallk gray envelope and a
879 return envelope addressed to the clerk supplied to each absentee by mail voter. The return
880 envelope shall have printed upon it an affidavit by which the voter shall declare their
7.50.040 Special needs voting.
A. Any person with a disability who, because of that disability, is unable to go to a polling
place to vote may vote a special needs ballot, or the voter may, through a representative,
request a special needs ballot from the clerk or an absentee voting official 15 days before an
election, up to and including the day before the date of the election during regular office hours,
or from an election precinct voting official on election day.
B. If the request for a special needs ballot is made through a representative, the
representative shall sign a special needs register provided by an election official. The register
must include the following information:
1. The representative's name;
2. The representative's residence and mailing address;
3. The representative's social security number, voter number, or date of birth;
4. The name of the voter on whose behalf the representative is requesting a ballot;
5. An oath that the representative:
a. Is receiving a ballot and voting materials on behalf of the voter;
b. Will not vote the ballot for the voter;
c. Will not coerce the voter;
d. Will not divulge the vote cast by the voter; and
e. Has been notified that unlawful interference with voting is punishable under AS
15.56.030 or AS 15.56.035.
C. The clerk, absentee voting official, or election precinct voting official shall keep a record
of the name and signature of each representative requesting an absentee ballot and the name
of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or
election precinct voting official shall record the date and time the absentee ballot is provided and
the time the ballot is returned.
D. The representative shall deliver the special needs ballot and other voting materials to the
voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the
secrecy-sleeve small gray envelope, and place the secrecy- sleeve small gray envelope in the
special needs envelope provided. The voter shall provide the information on the envelope that
would be required for absentee voting if the voter voted in person. The voter shall sign the
voter's certificate in the presence of the representative. The representative shall sign as
attesting official and date the voter's signature.
E. The representative shall deliver the ballot and voter certificate to t
an
election official not later than 8 p.m. on election day.
F. If a voter's disability precludes the voter from performing any of the requirements of
subsection D of this section, the representative may perform those requirements, except making
the voting decision, on the voter's behalf.
G. A candidate for office, the voter's employer, an agent of the voter's employer, or an
officer or agent of the voter's union may not act as a representative for the voter.
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
Page 17 of 21
881 qualification to vote, followed by a provision for attestation by an official authorized to administer
882 an oath or two witnesses over the age of 18.
883 C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public,
884 other person qualified to administer oaths, or two persons over the age of 18 years, may
885 proceed to mark the ballot in secret, place the ballot in the small gray envelope, place the small
886 gray envelope in the lamer return envelope, and sign the voter's certificate on the back of the
887 larger return envelope in the presence of the witness(es) who shall sign as attesting official(s)
888 and shall date his the voter's signature.
889 D. An absentee ballot must be marked and attested on or before the date of the election. If
890 the voter returns the ballot by mail, he the voter shall use the most expeditious mail service and
891 mail the ballot not later than the day of the election to the clerk. It must be postmarked on or
892 before midnight of election day and received by the clerk no later than the Tuesday following the
893 election by 5 p.m.
894 election- Ballot envelopes received after that time shall not be opened but shall be marked
895 "invalid rejected," with the date of receipt noted thereon, and shall be preserved as set by the
896 records retention schedule resolution.
897
898 7.50.060 Designation of absentee voting officials.
899 The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act
900 as absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the
901 absentee voting official.
902
903 Chapter 7.60
904 ELECTION PAMPHLET
905
906 Sections:
907 7.60.010 Election pamphlet.
908 7.60.010 Election pamphlet.
909 A. Before each regular and special election, the beFeugh clerk shall prepare, publish, and
910 mail an election pamphlet to every registered voter household within the borough.
911 B. Each election pamphlet shall contain:
912 1. A map of the election precincts;
913 2. Sample ballots;
914 3. An absentee ballot application;
915 4. For each ballot proposition submitted to the voters by initiative or referendum petition
916 or by the assembly:
917 a. The full text of the proposition specifying ordinances proposed to be affected;
918 b. The ballot title and the summary of the proposition prepared by the administration
919 or the clerk; and
920 c. A summary of statements submitted by proponents and opponents of each
921 proposition. If only one statement is received, it will not be published.
922 5. For each bond question, a statement of the scope of each project; and
923 6. Additional information on voting procedures that the clerk considers necessary.
924 C. There is no charge for statements advocating approval or rejection of a proposition
925 submitted to the voters for approval.
926 D. Material in the election pamphlet shall be organized to the extent possible in the same
927 manner and form in which it will appear on the ballot. The decision of the clerk on the form of
928 the material is final.
929 E. Not less than 20 14 days before the election, the clerk shall mail to every registered voter
930 household one copy of the pamphlet. Additional pamphlets may be obtained from the borough
931 offices.
932 F. A candidate's information and statement submitted under this section may not exceed
933 350 words. An article such as "a," "an," and "the" will be counted as a word.
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934 G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted
935 by the candidate or proposition sponsor(s.) The clerk will add a disclaimer noting the information
936 is the opinion of the author(s) and has been reproduced as submitted, without any changes to
937 grammar, spelling, or punctuation.
938
939 Chapter 7.70
940 ELECTIONS BY MAIL
941
942 Sections:
943 7.70.010 Conduct of election by mail.
944 7.70.020 Election date.
945 7.70.030 Election fudge officials.
946 7.70.040 Notification to voters.
947 7.70.050 Notice of election.
948 7.70.060 Voter instructions.
949 7.70.070 Casting ballots.
950 7.70.080 Storing ballots.
951
952 7.70.010 Conduct of election by mail.
953 A. The clerk may conduct an election by mail if it is held at a time other than when the
954 regular borough election is held.
955 B. If the clerk conducts an election under subsection A of this section by mail, the clerk shall
956 send a ballot for each election described in subsection A of this section to each person whose
957 name appears on the official registration list prepared under AS 15.07.125 for that election. The
958 ballot shall be sent to the address stated on the official registration list unless the voter has
959 notified the clerk in writing of a different address to which the ballot should be sent. The clerk
960 shall send ballots by first class, nonforwardable mail.
961 C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall
962 mail ballots under this section on or before the twenty- second day before the election.
963 D. The clerk shall review ballots voted under this section under procedures established for
964 the review of absentee ballots.
965 E. There shall be a small blank gray envelope and a return envelope supplied to each by-
966 mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall
967 declare his the voter's qualification to vote, followed by provision for attestation by two attesting
968 witnesses, who are at least 18 years of age.
969
970 7.70.020 Election date.
971 When the clerk determines that an election will be conducted by mail under KIBC 7.70.010,
972 the notice of election calling for the election must state that the election is to be conducted by
973 mail and that there will be no polling place open for regular in- person voting on election day. In a
974 by -mail election, election day will be the date designated by the clerk as the deadline by which a
975 voter's ballot must be voted, witnessed, mailed, and, if postmarked, date - stamped by the post
976 office.
977
978 7.70.030 Election fudges officials.
979 In each election conducted by mail, the assembly shall appoint an election board composed
980 of at least three }edges election officials for each precinct in which the election is to be held. In
981 the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port
982 Lions, at least one election fudge official for each precinct shall be available for at least 15 days
983 preceding the election and on election day, at the hours and location specified by the clerk. For
984 the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodia No. 3, and Mission Road, at least one
985 election fudge official shall be available for at least 15 days preceding the election and on
986 election day, at the hours and location specified by the clerk. The clerk shall supply adequate
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
Page 19 of 21
987 voting supplies and ballots to the election judges officials. All election judges officials, before
988 entering upon their duties, must subscribe to the oath required of all public officers by the
989 Constitution of the state in the manner prescribed by the clerk. The duties of the election judge
990 official shall be as follows:
991 A. Provide absentee voting in person and special needs voting on any date the election
992 judges officials are available, including the day of the election, following the procedures in KIBC
993 7.50.030 and - - -= == e - - - -- - -= -- - -- - -= - =
994 - - - - - - = - - - - = - ' - - KIBC
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011 7.70.040 Notification to voters.
1012 In addition to the public notice required by KIBC 7.10.060, the clerk shall send to each voter
1013 whose name appears on the official register advance notice of the election at the mailing
L014 address stated in the voter's current registration record. The notice will be sent before ballots
L015 are mailed, and will include:
1016 A. The date of the election.
1017 B. Disclosure that the election will be conducted by mail and that no polling place will be
1018 available for regular in- person voting on election day.
1019 C. Designation of the offices to which candidates are to be nominated or elected and a
1020 statement of the subject of the propositions and questions that are to appear on the ballot.
1021 D. Designation of the date on which ballots are expected to be mailed to the voters.
1022 E. Designation of the dates upon which a voter who may not have received a ballot can
1023 appear before a by -mail official and vote in person as specified in KIBC
1024 7.70.030.
1025 F. A listing of appointed by -mail officials and their hours and locations, and the services they
1026 can provide.
1027 G. A statement of when the ballots may be voted, and the date upon which the ballot must
1028 be postmarked and received by the clerk or received by the by -mail voting official as specified in
1029 KIBC 7.70.030 in order to qualify for inclusion in the election tabulation.
1030 H. Brief general instructions on how the ballots must be voted and how the oath and affidavit
1031 envelope must be completed.
1032
1033 7.70.050 Notice of election.
1034 For each election conducted by mail, the public notice posted in each precinct and the
1035 notice published in newspapers of general circulation in the area of the election jurisdiction will
1036 include the information specified in KIBC 7.70.040.
7.50.040. a 4 Voters have until the day of the election to return ballots.
B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official,
except that the judge election official may not attest Ws-of-her the official's own ballot.
C. Accept receipt of a by -mail voter's hand - delivered voted ballot, which has been sworn to,
attested and sealed in the by -mail return envelope.
D. Provide general voter assistance including, but not limited to, assistance to a qualified
voter who cannot read, mark the ballot, or sign h+s -name the register, and providing replacement
ballots to voters who have improperly marked or damaged their ballots.
E. Date -stamp all ballots received by the election judges officials at their stations.
F. Provide for the security and safekeeping of all ballots received by the election judges
officials at their stations and present those ballots to the clerk for canvassing.
G. The election judges officials for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, Kodiak
No. 3 and Mission Road shall receive and date -stamp ballots delivered by the United States
Postal Service and present those ballots to the clerk for canvassing.
H. Any other duties assigned by the clerk.
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
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1037
1038 7.70.060 Voter instructions.
1039 Specific instructions for voting a by -mail ballot and a list of the appointed by -mail officials,
1 .040 their hours and locations, will be mailed to each voter with the ballot.
.041
.042 7.70.070 Casting ballots.
1043 A. Upon receipt of a mail -in ballot, the voter shall cast his -the ballot in the manner specified
1044 in KIBC 7.50.050(C) and (D). If the ballot is cast in the clerk's office, the clerk shall retain it for
1045 delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by
1046 mail to the clerk immediately for delivery to the canvas board.
1047 B. A voter who does not receive a mail -in ballot may cast his --the ballot in person as
1048 specified in KIBC 7.70.030.
1049 C. A voter may return the mail -in ballot to a by -mail official as provided in KIBC 7.70.030.
1050
1051 7.70.080 Storing ballots.
1052 The clerk shall provide for the secure storage of the mail -in ballots received from the voters
1053 and by -mail officials until the date set by the clerk for the counting of the ballots.
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063 ATTE T:
1064
1065
1066
1067
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF MAY 2009
Nova M. Javier, CM I„ Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough, Alaska Ordinance No. FY2009 -19
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