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2004-13/2005-02 Amending Election Code - Canvass of ReturnsKodiak Island Borough, Alaska Introduced by: Borough Clerk Requested by: Borough Clerk Drafted by: Borough Clerk Introduced: 07/01/2004 Public Hearing: 07/15/2004 Adopted: 07/15/2004 KODIAK ISLAND BOROUGH ORDINANCE NO. 2004 -13 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 7 ELECTIONS CHAPTER 7.40 CANVASSING AND CERTIFICATION OF ELECTION RETURNS SECTION 7.40.010 CANVASS OF RETURNS WHEREAS, the Alaska State Legislature amended Alaska Statutes 15.20.207 regarding ballot review; and WHEREAS, the amendment deleted a section requiring that a questioned ballot may not be counted if an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate; and WHEREAS, the Borough Code is amended to reflect language to allow the ballots to be counted; and WHEREAS, the Borough Code is amended to include special needs ballots in the Canvass of returns; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 7, Chapter 7.40, Section 7.40.010 is hereby amended as follows: 7.40.010 Canvass of returns. A. Before each election, the assembly shall appoint at least three (3) qualified voters, who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the constitution of the state in the manner prescribed by the clerk. B. On the day following each election, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three (3) such postponements. In full view of those present, the election canvass board shall judge the applicability of absentee, and questioned, and special needs shall open and tally those accepted and shall compile the total votes cast in the election. The canvass o f the ballot vote canvass of �.,� �a „ter vutc ulunted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the assembly as having been corrected. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may recommend to the governing body that a recount of that precinct's results be made for that portion of the returns in question. Ordinance No. 2004 -13 Page 1 of 2 portion of the returns in question. C. Absentee, Qquestioned and absentee special needs ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, if the witucss or the ufficcr or utlrci person au 11.1114 l, law to adrrriuislcr tlrc oaQr fails to affix his siiratur,, or if the voter fails to enclose his marked ballot inside the small envelope provided. The clerk or a member of the election canvass board may question the qualifications of an absentee voter when read from the voter's certificate on the back of the Large envelope, if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to accept the question and count the ballot. If the ballot is refused, the clerk shall return a copy of the statement of the question to the voter, and shall enclose all rejected ballots in a separate envelope with statements of question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the assembly with the election certificates and other returns. If the ballot is not refused, the large envelope shall be opened, the smaller inner envelope shall be placed in a container and mixed with other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned ballot envelopes. The mixed smaller blank 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, 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 by telephone, telegram, or radio, 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 4:00 p.m. in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk by 4:00 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification of the canvassing board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS FIFTEENTH DAY OF JULY 2004 ATTEST 9./�d . Judrth A. Nielsen, C Borough Clerk KODIAK ISLAND :0 t OUGH SAS Ga.rielle LeDoux, Borough ayor Kodiak Island Borough, Alaska Ordinance No. 2004 -13 Page 2 of 2