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FY2012-16 Amending Title 7 Elections 1 2 Introduced by: Borough Clerk Requested by: Borough Clerk 3 Drafted by: Borough Clerk 4 Introduced: 05/01/2012 5 Public Hearing: 05/17/2012 Amended: 05/17/2012 6 Adopted: 05/17/2012 7 8 KODIAK ISLAND BOROUGH 9 ORDINANCE NO. FY2012 -16 10 11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 12 AMENDING VARIOUS CODE SECTIONS 13 IN TITLE 7 ELECTIONS 14 15 WHEREAS, Section 2 of this ordinance would change all references of the word "Special 16 Needs" to "Personal Representative" in this title; and 17 18 WHEREAS, Section 3 of this ordinance would allow those running for candidacy who 19 cannot obtain notary services to have a postmaster attest their statement of candidacy and 20 this section would also allow candidates to submit their declaration of candidacy by electronic 21 submission; and 22 23 WHEREAS, Section 4 of this ordinance clarifies that hand counting of ballots would only 24 pertain to precincts where the optical scans or other computer -read or electronic ballot 25 counting equipment are not used or in elections where write -in votes should be tallied and 26 27 WHEREAS, Section 5 of this ordinance institutes a requirement to file a declaration of 28 candidacy for those who wish to run a write -in campaign and this amendment would 29 incorporate the language in the borough code in order to solidify the process in allowing minor 30 variations in the spelling of write -in candidate names to be counted for a candidate; and 31 32 WHEREAS, Section 6 would eliminate the unnecessary process of counting write -in votes 33 the night of the election and would clarify the role of the receiving team; and 34 35 WHEREAS, Section 7 provides for the effective date of this ordinance which would be upon 36 notification from the U. S. Department of Justice of non - objection to the Preclearance 37 Request in accordance with Section 5 of the Voting Rights Act of 1965. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH THAT: 41 42 Section 1: This ordinance is of a general and permanent nature and shall become a part 43 of the Kodiak Island Borough Code of Ordinances; 44 Kodiak Island Borough Ordinance No. FY2012 - 16 Page 1 of 4 45 Section 2: All references to "Special Needs" are changed to "Personal 46 Representatives" throughout Title 7. Words are replaced three times in 47 KIBC 7.40.010, eight times in KIBC 7.50.040, and once in KIBC 7.70.030A. 48 49 Section 3: Title 7 Elections, Chapter 7.20 Qualifications of Voters and Candidates, 50 Section 7.20.030 Declaration of Candidacy is hereby amended as follows: 51 52 7.20.030 Declaration of candidacy. 53 A. At least 75 days before each regular election, the clerk shall publish in one or more 54 newspapers of general circulation in the borough a notice of offices to be filled at the 55 election and the procedure for filing a declaration of candidacy. 56 B. Packets containing declarations of candidacy shall be available from the clerk's office no 57 later than the day the filing period opens. Declarations of candidacy shall be submitted in 58 original form and may be submitted electronically, provided that the original is received 59 by the clerk before the close of the filing period. 60 C. A declaration of candidacy shall be in a form provided by the clerk and shall state the 61 following: 62 1. The full name of the candidate, and the mariner in which the candidate wishes the 63 candidate's name to appear on the ballot; 64 2. The full residence and mailing addresses of the candidate; 65 3. The office for which the candidate declares; 66 4. That the candidate is qualified for the office as provided by law; 67 5. The date and notarized statement of the candidate. If a notary public is not 68 available, a postmaster may attest the statement instead of a notary: 69 6. The candidate shall certify information contained in the declaration of candidacy is true 70 and accurate; 71 7. Any other information that the clerk reasonably requires to determine whether the 72 candidate is qualified for the office as provided by law; and 73 8. The declaration of candidacy must be signed by 10 qualified voters of the borough. 74 75 D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk 76 from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or 77 Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their 78 declaration. 79 E. Declarations of candidacy may be filed with the clerk by electronic transmission and 80 the original signed and notarized statement must be delivered to the clerk by the close 81 of the filing period. If the original is not received by the clerk at the close of the filing 82 period, the candidate's name shall not appear on the ballot. 83 F. Within four business days after filing a declaration of candidacy, the clerk shall notify the 84 candidate as to whether it is in proper form. If not, the clerk shall immediately return the 85 declaration of candidacy to the candidate with a statement certifying how the nominating 86 petition is deficient. 87 88 Kodiak Island Borough Ordinance No. FY2012 -16 Page 2 of 4 89 Section 4: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 90 7.30.120 Rules for counting ballots is hereby amended as follows: 91 92 7.30.120 Rules for counting ballots. 93 A. The election board shall gaunt -bal_ _ _ ___ _ _ e _ _ _ _ _ __: perform a hand 94 count for ballots in precincts where the optical scan and other computer -read or 95 electronic ballot counting equipment are not used, or in elections where write -in 96 votes shall be tallied in accordance with Sections 7.30.110 and 7.30.125 of this 97 chapter. 98 1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or 99 vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are 100 clearly spaced in the oval opposite the name of the candidate, proposition, or question 101 that the voter desires to designate. 102 2. A failure to properly mark a ballot as to one or more candidates does not itself 103 invalidate the entire ballot. 104 3. If a voter marks fewer names than there are persons to be elected to the office, a vote 105 shall be counted for each candidate properly marked. 106 4. If a voter marks more names than there are persons to be elected to the office, the 107 votes for candidates for that office may not be counted. 108 5. The mark specified in subsection (A)(1) of this section shall be counted only if it is 109 substantially inside the oval provided, or touching the oval so as to indicate clearly that 110 the voter intended the particular oval to be designated. 111 6. Improper marks on the ballot may not be counted and do not invalidate marks for 112 candidates properly made. 113 7. An erasure or correction invalidates only that section of the ballot in which it appears. 114 8. Write -in votes are not invalidated by writing in the name of a candidate whose name is 115 printed on the ballot unless the election board determines, on the basis of other 116 evidence, that the ballot was so marked for the purpose of identifying the ballot. 117 9. In order to vote for a write -in candidate, the voter must write in the candidate's name 118 in the space provided and fill in the oval opposite the candidate's name in accordance 119 with subsection (A)(1) of this section. 120 10. Stickers bearing the candidate's name may not be used on the ballot. 121 122 Section 5: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 123 7.30.125 Write -in votes is hereby added as follows: 124 125 7.30.125 Write -in Votes. 126 A. Write -in votes shall not be tallied except: 127 1. if a person running as a write -in candidate has, at least before 5 p.m. of the day 128 before the election filed a declaration of write -in candidacy on a form provided 129 by the clerk stating that he or she is willing to assume the office if elected and 130 has also filed a completed public officials financial disclosure statement with 131 the borough clerk if applicable; and 132 2. if the total number of write -in votes for an office exceeds the smallest number of 133 votes cast for a candidate for that office whose name is printed on the ballot. 134 B. In order to vote for a write -in candidate, the voter must, in the space provided, write 135 in the candidate's name as the candidate's name appears on the candidate's Kodiak Island Borough Ordinance No. FY2012 -16 Page 3 of 4 136 declaration of write -in candidacy filed with the borough clerk. In addition, the voter 137 must mark the square or oval opposite the candidate's name in accordance with 138 subsection 7.30.120 Al of the KIB Code. Stickers shall not be used. 139 C. Write -in votes are not invalidated by writing in the name of a candidate whose name 140 is printed on the ballot unless the election board determines, on the basis of other 141 evidence, that the ballot was so marked for the purpose of identifying the ballot. 142 D. If votes for write -in candidates are counted at the precinct level, election workers 143 shall set aside any ballots which contain any abbreviation, misspelling, or other 144 minor variation in the form of the name of a write in candidate and forward those 145 ballots to the canvass board for review and determination. The canvass board shall 146 review such ballots and shall disregard any misspelling, or other minor variation in 147 the form of the name of a write -in candidate if the intention of the voter can be 148 ascertained. 149 E. In order to be elected, a write -in candidate must receive the number of votes 150 required by this chapter. 151 152 Section 6: Title 7 Elections, Chapter 7.30 Procedure of Conduct of Elections, Section 153 7.30.130 Receiving team is hereby amended as follows: 154 155 7.30.130 Tally - - votes Receiving Team. 156 A. Before each election, the assembly shall appoint at least three qualified voters, who shall 157 constitute the receiving/counting team. 158 B. The receiving/counting team shall receive all ballots, election materials, supplies, etc., 159 from the precinct election officials on election night. 160 - . : • e :' ' • : . e - • :. •- - - _ to Na - votes 161 ---- t- - • •: :. - -:: •••• e ••. _ -• e_ e e e oribed in KIBC 7.30.120. Writo 162 in votes will only bo tabulatod whon tho total numbor of writo in votes for any offico 163 164 tho ballot. 165 D. Tho cloth shall issuo instruction and shall provido forms and cupplios for tho tally of tho 166 write -ia- votes= 167 168 Section 7: Effective Date. This ordinance shall be effective upon notification from the U.S. 169 Department of Justice of non - objection to the Preclearance Request in 170 accordance with Section 5 of the Voting Rights Act of 1965. 171 172 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 173 THIS SEVENTEENTH DAY OF MAY, 2012 174 175 KODIAK ISL 'JD t9ROUG 176 177 178 atullify 179 ATTEST: 'Jerome M. Selby, Borough Mayor 180 181 - yj n 182 I VV �/ " 183 Nova M. Javier, MMC, Bo ug , h Clerk Kodiak Island Borough Ordinance No. FY2012.16 Page 4 of 4