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
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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
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