FY2023-05 Amending The Kodiak Island Borough Code Of Ordinances Title 7 Elections1
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Introduced by: Borough Assembly
Drafted by: Borough Clerk
Introduced on: 06/16/2022
Public Hearing Date:07/07/2022
Amended on: 07/07/2022
Adopted on: 07/07/2022
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2023-05
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 7 ELECTIONS
WHEREAS, the Kodiak Island Borough Clerk's Office staff determined the need to revise
various sections to the Election Code to bring it into compliance with recent and existing laws,
reflect current best practices, and meet the present needs of the voters; and
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 of the Kodiak Island Borough Code of Ordinances is amended to read as
follows:
Title 7
ELECTIONS1,2
Chapters:
7.10 General Provisions
7.20 Qualifications of Voters and Candidates
7.30 Procedures for Conduct of Elections
7.40 Canvassing and Certification of Election Returns
7.50 Absentee Voting
7.60 Election Pamphlet
7.70 Elections by Mail
1 For statutory provisions governing municipal elections, see AS 29.26; for provisions requiring
the assembly to prescribe the general rules for the conduct of municipal elections, see AS
29.26.010.
2 Editor's note: Chapter 2.01 KIBC, adopted by Ord. 86-22-0 and amended by Ord. 88-05-0
and Ord. 90-07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of
the clerk.
Kodiak Island Borough, Alaska
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Chapter 7.10
GENERAL PROVISIONS
Sections:
7.10.010
Incorporation of state and federal law.
7.10.020
Severability.
7.10.025
Propositions and questions.
7.10.030
Liquor sales permitted.
7.10.040
Administration of elections.
7.10.050
Time of election.
7.10.060
Notice of elections.
7.10.070
Election expenses.
7.10.080
Election supplies and equipment.
7.10.090
Preservation of election ballots, papers, and materials.
7.10.100
Definitions.
7.10.010 Incorporation of state and federal law.
All provisions of the Constitution of the United States, the Constitution of the sState of Alaska and
any laws pursuant to said Constitution affecting borough elections are incorporated in this chapter
as if fully set out in this chapter.
7.10.020 Severability.
If any provision of this title or its application to any person or set of circumstances is held invalid,
the remainder of the chapter or its application to other persons or circumstances shall not be
affected.
7.10.025 Propositions and questions.
An GFd RaRGe ordinanceassembly action placing propositions and questions before the voters
must be adopted not later than 5353 60 calendar days before a regular or special election or 60
7.10.030 Liquor sales permitted.
69 1 The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held.
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7.10.040 Administration of elections.
A. In this title, the assembly has prescribed the general rules for the conduct of borough
elections. This title shall be liberally interpreted, so as to accomplish the purposes set forth.
B. The clerk, in accordance with the provisions of this title, shall administer all borough elections.
C. At the advisce of the Director of Census, Tthe clerk ensures that the borough complies with
the Section 203 of the U.S. Voting Rights Act to make sure that minority -speaking residents are
able to exercise their right to vote.
7.10.050 Time of election.
A. Regular elections shall be held on the first Tuesday in October each year.
B. All elected officials of the borough shall be elected at the regular election in such years as
their respective terms of office expire.
C. The polls shall be open in each precinct for the purpose of voting in accordance with the
established state hours for the election.
D. Initiative and Referendum Elections. The provisions in AS 29.26.170 shall apply for initiative
elections and AS 29.26.180 for referendum elections.
7.10.060 Notice of elections.
A. The clerk shall pest up blish a notice of each regular or special election
at least 30 days prior to the election. For special
The clerk shall give such other notice to the public as may be required by resolution of the
assembly.
B. Each notice of election shall include:
1. The type of election, regular or special;
2. The date of the election;
3. The hours the polls will be open;
4. The offices to which candidates are to be elected;
5. The subjects of propositions and questions to be voted upon;
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6. Voter qualifications and instructions for registration;
7. Instruction for absentee voting, early voting, and voting by -mail; and
8. Location of precinct polling places.
.�vr_ersaTr�:e�:r_arrr_�e:Tr_rs�rr.:�:r_�r_�r��irm�m�. . srrrn,�
NO
e ten:
CB. Before a general obligation bond issue election, the clerk shall publish notice of the
borough's total existing bonded indebtedness at least once a week for three consecutive weeks.
The first notice shall be published at least 20 calendar days before the date of the election. The
notice shall be published in a newspaper of general circulation in the borough or, if there is no
newspaper of general circulation distributed in the borough, posting in three public places for at
least five days. The notice shall state:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds of the borough;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation of property in the borough.
7.10.070 Election expenses.
boroughA. The ....
man
B. The borough shall pay each election officialbeaFd member and Ganvars beArd beard member
the hourly rate provided for similar election officials for state elections for the
time spent at their election duties '
iRGirustiens.
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131 C. Where there is no comparable rate for state election officials for state elections, early
(� 132 and absentee voting officials shall be compensated at a rate determined by the clerk to
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7.10.080 Election supplies and equipment.
A. The clerk shall furnish to the election board of each precinct a precinct register and shall equip
and supply each polling place with sufficient materials for that precinct's election, including those
materials required by this section.
B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark
them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions
shall be distributed to the election boards to be prominently displayed in each polling place. The
clerk shall provide booths at each polling place with appropriate supplies and conveniences to
enable each voter to mark the voter's ballot screened from observation. Ballot boxes shall be
placed outside the voting booths in plain view of the election officials, voters, and other persons
at the polling place.
7.10.090 Preservation of election materials.
The clerk shall preserve all precinct election materials
FeGeiPtG feF ballets, all voted ballets, R—Rd- dWGIRWRfin.n.,; Of GandidaGy 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 ^'Prk- or the derk's designee, election judges, election clerks,
receiving/counting team, early and absentee voting officials, and canvassing boards;
"Election supervisor' means the clerk;
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"Oath" includes affirmation;
"Precinct" means the territory established by the state;
"Proposition" includes question;
"Publishsatien" 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 sState of Alaska 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 a person who presents oneself for the purpose of voting, either in person or by
absentee ballot.
Chapter 7.20
QUALIFICATIONS OF VOTERS AND CANDIDATES
Sections:
7.20.010 Qualifications of voters.
7.20.015 Rules for determining residence of voter.
7.20.020 Candidate qualifications.
7.20.030 Declaration of candidacy.
7.20.035 Public official financial disclosure statements.
7.20.040 Corrections, amendments, and withdrawal of declaration of candidacy.
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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. Is 18 years of age or older;
3. Has been a resident of the borough and the precinct in which the person seeks to vote
for at least 30 days preceding the election;
4. Is registered to vote in state elections at a residence address within a municipality at
least 30 days before the election at which the person seeks to vote;
5. Has registered before the election as required under AS 15.07 and is not registered to
vote in another jurisdiction; and
6. Is not disqualified under Article V of the State Constitution.
B. A person is qualified to vote in a service area election if the person meets the requirements
of subsection A of this section and has been a resident of the service area in which the person
seeks to vote for at least 30 days immediately preceding the election.
C. If a voter's polling place is in question, a voter shall be allowed to vote and any election official
shall consider the ballot as a questioned ballot.
7.20.015 Rules for determining residence of voter.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
A. The residence of a person is that place in which habitation is fixed and to which, whenever
the person is absent, the person has intention to return. If a person resides in one place but does
business in another, the former is the person's place of residence. There can only be one
residence.
B. A person does not gain or lose residence solely by reason of the person's presence while
employed in the service of the United States or of this state, or while a student of an institution of
learning, while in an institution or asylum at public expense, or while confined in a public prison
or while residing upon an Indian or military reservation.
C. No member of the armed forces of the United States, the person's spouse or dependent is a
resident of this state solely by reason of being stationed in the state.
D. A person does not lose residence if the person leaves home and goes to another country,
state, or place in this state for temporary purposes only and with the intent of returning.
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E. A person does not gain a residence in a place to which the person's comes without a present
intent to establish a permanent dwelling there.
F. A person loses residence in this state if the person votes in another state's election, either in
person or by absentee ballot, and will not be eligible to vote in this state until again qualifying
under AS 15.05.010 and this chapter.
G. The term of residence is computed by including the day on which the person's residence
commences and by excluding the day of the election.
7.20.020 Candidate qualifications.
A. Candidates for mayor, assembly, and school board must be qualified voters of the borough
and residents of the borough for one year at the time of filing.
B. A person may not serve simultaneously as mayor and as a member of the assembly, as
mayor and a member of the school board, or as a member of the assembly and member of the
school board.
C. No elected official of the borough, except members of service areas boards, may hold any
other compensated borough office or borough employment, or elected position in the state or
federal government, while in office.
D. No person shall be a candidate for more than one assembly seat at any election.
E. Candidates for service area boards must be qualified voters of the borough and residents of
the service area for at least 30 days immediately preceding filing for office.
F. Candidates shall provide proof that they are eligible7 or shall be eligible by the date of the
election, to be recognized as a candidate for any election.
G. Write-in candidates for mayor, assembly, and school board shall file an Alaska Public Offices
Commission (APOC) official financial disclosure statement with the clerk as required by the
provisions of AS 39.50.
7.20.030 Declaration of candidacy.
A. At least 75 days before each regular election, the clerk shall publish in one OF MOM
a notice of offices to be filled at the election and
the procedure for filing a declaration of candidacy.
B. 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
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and may be submitted electronically; provided, that the original is received by the clerk before the
close of the filing period.
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. If a notary public is not available,
a postmaster may attest the statement instead of a notary;
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; and
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
8 am to 4 pm during weekdays from August list through August 15th, 4:30 per. Should August
15th fall on a Saturday or Sunday, candidates shall have until 4:3�p n . 3 p.m. on the first Monday
following to file their declaration.
E. Declarations of candidacy may be filed with the clerk by electronic transmission and the
original signed and notarized statement must be delivered to the clerk by the close of the filing
period. If the original is not received by the clerk at the close of the filing period, the candidate's
name shall not appear on the ballot.
F. 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.
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
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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 declaration of candidacy.
A. Any candidate may correct, amend, or withdraw the candidate's 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 declaration of candidacy may be corrected, amended, or
withdrawn.
B. If a person chooses to run for a different seat, a declaration of candidacy for that seat shall
be filed with the clerk's office. A declaration of candidacy for a particular seat may not be
substituted for another office or seat.
Chapter 7.30
PROCEDURES FOR CONDUCT OF ELECTIONS
Sections:
7.30.010
Election officials.
7.30.020
Precincts and polling places.
7.30.025
Voting By -mail precincts.
7.30.030
Ballots — Form.
7.30.035
Ballots — use of alternate ballots.
7.30.040
Ballots — Distribution.
7.30.050
Voting devices and machines.
7.30.060
Voting procedures at the polls.
7.30.070
Questioned votes.
7.30.080
Disposition of questioned votes.
7.30.090
Unused ballots.
7.30.100
Official closing of polls.
7.30.110
General procedure for ballot count.
7.30.120
Rules for counting ballots in hand count precincts.
7.30.125
Write-in votes.
7.30.130
Receiving team.
7.30.010 Election officials.
A. The assembly shall appoint at least three election officials in each precinct to constitute the
election board of that precinct. The clerk is the election supervisor. One election official shall be
designated as chair and shall be ordinarily responsible for administering the election in that
precinct. The clerk may appoint additional election officials at any polling place where they are
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needed to conduct an orderly election and to relieve other election officials of undue hardship.
The clerk may appoint persons aged 16 or older as additional election officials if they meet the
requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person
so appointed serves under the supervision of the precinct board chair.
B. All election officials should attend a training session unless personally and specifically
excused for cause by the clerk. If any appointed election official is not able to or refuses to serve
on election day, the clerk may appoint a replacement for that official.
C. Except for duly qualified persons 16 to 18 years old appointed under subsection A of this
section, each election official serving at a precinct polling place must be a qualified voter and, if
possible, a resident within the precinct for which appointed.
D. All election officials, before entering upon their duties, must subscribe to the oath required of
all public officers by the Constitution of the &State of Alaska in the manner prescribed by the clerk.
E. Candidates shall not serve as election officials. Certain familial relationships may not exist
between a candidate and a precinct election official, member of a ballot receiving/counting team
or canvass board in regular or special elections. Those familial relationships are:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse;or
6. Person sharing the same living quarters.
F. If the clerk knows or learns that any of these relationships exist, the precinct election official
shall be notified and replaced.
7.30.020 Precincts and polling places.
A. The precincts established by the &State of Alaska and set forth in the Alaska Administrative
Code shall be the precincts for all elections. The clerk shall secure a polling place for each in -
person voting precinct for each election. Whenever practicable, the polling place shall be located
within the precinct.
B. No later than 230 days before each regular and special election, the clerk shall publish' eae
the locations of the precinct polling
places. SUGh pUbliGatien shall be Fepeated at least eRre Re lateff thaR the day PFOOF 10 the eleGtiGR.
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7.30.025 Voting by -mail precincts.
A. Precincts where the voter turnout was less than 75 voters at the last regular election maybe
designated as absentee by -mail precincts by resolution of the assembly. In those precincts, no
precinct election board shall be appointed.
B. The borough clerk shall send a ballot to each person whose name appears on the official
voter registration list prepared under AS 15.07.125 for that election. The ballot shall be
accompanied by instructions on how the ballot must be voted, the oath and affidavit envelope
completed, and ballot returned in order to be counted. The ballot shall be sent to the address
stated on the official registration list unless the voter has notified the borough clerk in writing of a
different address to which the ballot should be sent or the address on the official registration list
has been identified as being an undeliverable address. The borough clerk shall send ballots by
first-class, nonforwardable mail on or before the fifteenth day before the election.
C. Upon receipt of a by -mail ballot, the voter shall cast the ballot in the manner specified in KIBC
7.50.050(C) and (D). The voted by -mail ballot must be either delivered to an election official before
the time set for in person absentee votes to be cast, or postmarked on or before midnight of
election day and received by the clerk no later than the Tuesday following the election by 5 p.m.
Ballot envelopes received after that time shall not be opened but shall be marked "rejected," with
the date of receipt noted thereon, and shall be preserved as set by the records retention schedule.
The canvass board shall review voted by -mail ballots under this section using the established
procedures for the review of absentee ballots.
D. A voter who does not receive a by -mail ballot or any voter wishing to vote absentee in -person
or early vote in person may do so at any designated absentee or early voting site.
E. The borough clerk may appoint election officials in Akhiok, Chiniak, Karluk, Larsen Bay, Old
Harbor, Ouzinkie, and Port Lions who are willing and able to serve as absentee voting officials.
Absentee voting officials serving under this section shall be compensated at a rate determined by
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the clerk to be commensurate with the duties as compared to other election officials. The duties
of the absentee voting officials shall be as follows:
1. Provide absentee voting in person and personal representative voting on any date
including the day of the election.
3. Accept receipt of a by -mail voter's hand -delivered ballot, which has been sworn to,
attested and sealed in the by -mail return envelope.
4. Provide general voter assistance, including, but not limited to, assistance to a qualified
voter who cannot read, mark the ballot, or sign his name, and providing replacement
ballots to voters who have improperly marked or damaged their ballots.
5. Receive ballots, provide for the security and safekeeping of all ballots received and return
those ballots to the borough clerk for canvassing. The borough clerk will specify the
means of returning the voted ballots and all other election supplies to the borough.
F. Any precinct designated as a voting by mail precinct in accordance with the provisions of
subsection A of this section will remain a voting by mail precinct until such time as the voting by
mail status is removed by resolution of the assembly.
7.30.030 Ballots — Form.
The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting
procedure, to reflect most accurately the intent of the voter, and to expedite the administration of
elections. The following directives shall be followed when applicable:
A. The clerk shall determine the size of the ballot, the type of print, necessary additional
instructions to voters, and other similar matters of form not provided by law.
B. The clerk may contract for the preparation of ballots, instructions to voters, and other similar
matters of form not provided by law without obtaining competitive bids.
C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as such
prescription is applicable to nonpartisan elections. The ballots shall be numbered in series to
assure simplicity and secrecy and to prevent fraud, the number being placed in an area set off by
perforations for ease of removal.
D. All candidates to the same office shall be shown on one ballot. The title of each office to be
filled shall be followed by the printed names of all candidates for that office, and provisions shall
be made for write-ins equal in number to the positions to be filled. The names of candidates shall
be printed as they appear upon the declaration of candidacy except that any honorary or assumed
title or prefix shall be omitted. The words "Vote for not more than ," with the appropriate
number replacing the blank, shall be placed before the lists of candidates for each office.
Candidate names shall be listed in the order that candidacy declarations are filed. fieRgmg order each Rention tin each ballet used ar pre6GFibed AlaRka Stnt-itAt; for
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E. Following the offices and candidates, there shall be placed on the ballot or on separate ballots,
as the clerk may determine, all propositions or questions to be voted on. The words "YES" and
"NO" shall be placed below the statement of each proposition or question. The clerk shall
determine the number of ballots to be used to present all offices, propositions, and questions to
the qualified voter.
F. Each ballot shall bear the words "Official Ballot" and the date of the election.
G. The clerk shall have printed and available at each polling place, on election day and in the
clerk's office preceding the election, sample ballots for each election.
7.30.35 Ballots — use of alternate ballots.
A. Under no circumstance shall any voting location close due to ballot shortage. Election
officials shall monitor the ballot supply throughout election day and apprise the clerk of any
proiected shortage in the number of available ballots. Upon being informed by an election official
that there is a projected shortage of ballots at a voting location, the clerk shall promptly supply
the voting location with additional printed ballots. If printed ballots are not available, the clerk shall
promptly supply alternate ballots which shall be processed as provided in subsections B through
E of this section. Alternate ballots shall not be used if printed ballots are available at the polling
Ip ace. Alternate ballots shall be provided in stacks of 25 ballots and numbered in series to assure
simplicity and secrecy and to prevent fraud.
B. Voters whose names appear on the precinct register shall sign the precinct register and
be given an alternate ballot. The election official shall mark the precinct register in a manner
designated by the clerk to show that the voter received an alternate ballot. The voter shall vote
the alternate ballot and shall place the ballot in the side compartment of the ballot box or in a
designated box or envelope provided by the clerk.
C. If a voter is not on the precinct register or the voter's qualification to vote is questioned as
provided in Section 7.30.070, the voter shall vote a questioned alternate ballot. The election
official shall mark the questioned voter register in a manner designated by the clerk, to show the
voter received an alternate ballot. The voter shall be given an alternate ballot and shall vote the
ballot as provided in Section 7.30.070.
D. A personal representative shall be given an alternate ballot and shall complete the process
for personal representative voting with the voter as provided in Section 7.50.040.
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E. Alternate ballots shall be accounted for following the general procedure for ballot count in
KIBC 7.30.110. Alternate ballots shall be counted manually by the election board in the hand
count precincts following KIBC 7.30.120 or by the canvass board for precincts where voting
machines are used.
7.30.040 Ballots — Distribution.
A. The clerk shall have possession of the ballots at least 15 days before each regular election.
At that time, the ballots may be inspected by any candidate whose name is on the ballot, or the
candidate's authorized agent, and any mistake discovered shall be corrected immediately.
Sufficient ballots for each precinct shall be delivered to the election board for that precinct.
B. The ballots shall be delivered in a separate sealed package, with the number of ballots
enclosed clearly marked on the outside of the package. A receipt shall be taken for the election
board member to whom each package is delivered in person or by mail.
7.30.050 Voting devices and machines.
Voting devices and machines will be used for all regular and special elections unless determined
not to be practical by the clerk. All necessary supplies for the assistance of voters, such as sample
ballots, instructions, booths, etc., shall be provided.
7.30.060 Voting procedures at the polls.
A. Before issuing any ballots, the election board must, in the presence of any persons assembled
at the polling place, open and exhibit the ballot box to be used at the polling place as empty. The
ballot box then shall be closed and shall not be opened again or removed from the polling place
until the polls have closed.
B. 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 a questioned ballot.
C. Before being allowed to vote, each voter shall exhibit to an election official one form of
identification listed on the "Have ID" poster from the state. An election official may waive the
identification requirement if 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
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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 official shall give 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 officials
have completed their post_ election duties.
E. 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, 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 spoiled ballot after having recorded it in the spoiled
ballot accountability statement 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.
7.30.070 Questioned votes.
A. Every election official shall question, and any qualified voter may question a person
attempting to vote if the questioner has good reason to suspect that the questioned person is not
qualified to vote under KIBC 7.20.010. All questions regarding a person's qualifications to vote
shall be made in writing setting out the reason the person has been questioned. A questioned
person, before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe
to an oath and sign the affidavit on the form. 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, the voter shall be allowed to vote by filling out a
questioned ballot oath and affidavit envelope.
7.30.080 Disposition of questioned votes.
A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for
other voters. After the election official removes the numbered stub from the ballot, the voter shall
insert the ballot into a small gray envelope, seal it, and put the gray envelope in the questioned
ballot oath and affidavit envelope. These questioned ballot oath and affidavit envelopes shall be
sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be
Kodiak Island Borough, Alaska
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524 counted (unopened) and compared to the voting list, segregated, and delivered to the clerk for
525 delivery to the canvass board. The election canvass board shall review and judge the applicability
526 of all questioned ballots.
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7.30.090 Unused ballots.
The numbers of all ballots not issued shall be recorded and returned to the clerk. The numbers of
ballots spoiled by voters and replaced by election officials shall also be recorded. The record of
ballots not issued and ballots spoiled and replaced shall be preserved as set by the records
retention schedule resolution.
7.30.100 Official closing of polls.
Fifteen minutes before closing the polls, the time remaining before such closure shall be
proclaim edannounced by an election official. When the polls are closed for the purposes of voting,
that fact shall likewise be preGlairn announced and thereafter no ballot shall be issued except
to those voters who were present and waiting their turn to go through the voting procedure at the
time prescribed for closing the polls. Failure to make the announcement at 15 minutes before
closing time shall not in any way invalidate the election or extend the time for closing of the polls.
7.30.110 General procedure for ballot count.
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, including alternate 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 personal representative ballots and compare theat numbers to the number of
questiened-voters in the registers. Discrepancies shall be noted and explained to the best of the
election official's ability in writing for delivery to the borough clerk. The Alt;vtin.A. hARFd, an hand
GGLIAt ��
B. The election board shall sign the final results tape. No less than two members of the election
board shall transport the election equipment and materials to the election supervisor.
C. Precinct Bballots may not be counted before 8 p.m., local time, on the day of the election.
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7.30.120 Rules for counting ballots in hand count precincts.
A. The election board shall perform a hand count for ballots_ in precincts where the ept+salssan
and other GOrnputer read or lectronic ballot counting equipment are not used,, in precincts where
alternate ballots have been cast and must be hand counted; or in elections where write-in votes
shall be tallied in accordance with KIBC 7.30.110 and 7.30.125. 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.
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 subsection (A)(1) of this section shall be counted only if it is
substantially inside the oval provided; or touching the ovalso 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
subsection (A)(1) of this section.
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.
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7.30.125 Write-in votes.
A. Write-in votes shall not be tallied except:
1. If a -the person running as a write-in candidate has, at least before 53 p.m. seven of
the -days before the election, filed a declaration of write-in candidacy on a form provided
by the clerk stating that s they are willing to assume the office if elected and
haves also filed a completed public officials financial disclosure statement with the
borough clerk if applicable; and
2. If the total number of write-in votes for an office exceeds the smallest number of votes
cast for a candidate for that office whose name is printed on the ballot.
B. In order to vote for a write-in candidate, the voter must, in the space provided, write in the
candidate's name as the candidate's name appears on the candidate's declaration of write-in
candidacy filed with the borough clerk. In addition, the voter must mark the square eroval opposite
the candidate's name in accordance with KIBC 7.30.120(A)(1). Stickers shall not be used.
C. 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.
D. If votes for write-in candidates are counted at the precinct level, election workers shall set
aside any ballots which contain any abbreviation, misspelling, or other minor variation in the form
of the name of a write-in candidate and forward those ballots to the canvass board for review and
determination. The canvass board shall review such ballots and shall disregard any misspelling,
or other minor variation in the form of the name of a write-in candidate, if the intention of the voter
can be ascertained.
E. In order to be elected, a write-in candidate must receive the number of votes required by this
chapter.
7.30.130 Receiving team.
A. Before each election, the assembly shall appoint at least three qualified voters, who shall
constitute the receiving team.
B. The receiving team shall receive all ballots, election materials, supplies, etc., from the precinct
election officials on election night.
Chapter 7.40
CANVASSING AND CERTIFICATION OF ELECTION RETURNS
Sections:
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7.40.010
Canvass of returns.
7.40.020
Certification of the election.
7.40.025
Simple majority — Votes required for election to office.
7.40.030
Election recounts.
7.40.040
Contest of election.
7.40.010 Canvass of returns.
A. Before each election, the assembly shall appoint at least three 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 sState of Alaska 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.
GaU6e from day to day, but theFe shall he no more than three suGh . In full view of
those present, the election canvass board shall judge the applicability of absentee, early voting,
by -mail, questioned, and personal representatives, shall open and tally those accepted and shall
compile the total votes cast in the election. The canvass of the ballot vote counted 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.
C. Absentee, by -mail, questioned, and personal representatives ballots shall be counted as
follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit,
or if the voter fails to enclose the marked ballot inside the small gray 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 there is a 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 count the ballot. If the ballot is
refused, the clerk shall notify the voter why the ballot was refused by the canvass board. The
envelope shall be labeled "rejected ballots." If the ballot is not refused, the large envelope shall
be opened; the small gray envelope shall be placed in a container and mixed with the other
absentee ballot small gray envelopes. The mixed small gray envelopes shall be drawn from the
container, opened, and the ballots counted according to the rules of determining properly marked
ballots.
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Page 20 of 33
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656 D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the results
�57 of votes cast by absentee, early vote, by -mail voting, questioned, personal representatives, and
658 ballots of votes cast by regular ballot, and shall prepare and submit a written report of said results
659 to the assembly.
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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.
7.40.020 Certification of the election.
A. As soon as possible after completion of the canvass, the assembly shall meet in public
session to receive the report of the canvass board. If, after considering said report, the assembly
determines that the election was validly held, the election shall be certified by resolution and
entered upon the minutes of the meeting.
B. If the canvass board reports a failure to comply with provisions of state law and borough
ordinance or illegal election practices occurred and that such failure is sufficient to change the
outcome of the election, the assembly may exclude the votes cast in one or more precincts where
such failure or illegal practices occurred from the total returns or may declare the entire election
invalid and order a new election.
C. If the canvass board reports an apparent discrepancy in the returns of one or more precincts,
the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be
conducted immediately by the canvassing board and the results reported to the assembly.
D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately
cause the canvass board to recount the votes. If there is still a failure to elect because of a tie
after completion of the recount, the election shall be determined fairly by lot from among the
candidates tying in a meeting of the assembly and under its direction.
E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each
person elected to office a "certificate of election" signed by the clerk and authenticated by the seal
of the borough.
7.40.025 Simple majority — Votes required for election to office.
L688 All borough offices shall be filled by the candidate(s) receiving the greatest number of votes.
Kodiak Island Borough, Alaska Ordinance No. FY2023-05
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7.40.030 Election recounts.
A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made by
an election official or by the canvassing board in counting the votes in an election, may file an
application requesting a recount with the clerk no later than 5 p.m. on the day scheduled for the
certification of the election results or by delivering the application for recount to the assembly at
its meeting held to certify the election returns
. The applicant shall include a deposit in cash
or certified check for $40250.00. The deposit shall be applied against any costs incurred pursuant
to subsection E of this section or refunded if there is no liability for recount costs. If the difference
between two candidates is two percent or less, the clerk shall initiate the recount and give notice
to the interested parties.
B. The application shall specify in substance the basis of the belief that a mistake has been
made, the particular election precinct or precincts for which the recount is to be held, the particular
office, proposition, or question for which the recount is to be held, and that the person making the
application is a candidate or that the 10 persons making the application are qualified voters. The
application for a recount shall bear the notarized signature of the candidate or the 10 qualified
voters seeking the recount. The date on which the clerk receives an application, rather than the
date of mailing or transmission, determines whether the application is filed with the time allowed
under this subsection.
C. Upon receiving an application in substantially required form, the clerk shall appoint a recount
board of four or more qualified voters to conduct the recount of ballots, as soon as possible, of
those precincts cited in the application for recount. The rules governing the counting of marked
ballots by the election board shall be followed. Those requesting the recount, those whose
election is recounted, and the public shall be allowed to attend the recount proceeding.
D. Upon completion of recount, the recount board shall certify the results of the recount to the
assembly. The assembly shall declare the final election results and direct the clerk to deliver to
each person elected to office a "certificate of election" signed by the clerk and authenticated by
the seal of the borough.
E. The applicant or applicants for recount shall pay all costs and expenses incurred in a recount
of an election demanded by the applicant or applicants if the recount fails to reverse any result of
the election or the difference between the winning and losing vote on the result requested for
recount is more than two percent.
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7.40.040 Contest of election.
An election contest may be brought following the process for a contest of a state 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 certified the results of the 8Rt8red YpGR the ^1electiondRutes. The only grounds for an
election contest shall be the same as those set forth for in the Alaska Statutes for contesting state
elections. The fudge shall hear and render a decision on an election contest in the same manner
as provided in the Alaska Statutes for state election contests.
de,.ieien as requiFed by AS 1 G on San for state 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.
Chapter7.50
ABSENTEE VOTING
Sections:
7.50.010
Eligibility.
7.50.020
Repealed.
7.50.025
Early voting — In person.
7.50.030
Absentee voting — In person.
7.50.040
Personal representatives voting.
7.50.050
Absentee voting — By mail.
7.50.060
Designation of absentee voting officials.
7.50.010 Eligibility.
Any person may vote absentee.
7.50.020 Materials for absentee voting.
Repealed by Ord. 02-11.
7.50.025 Early voting — In person.
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Page 23 of 33
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A. Early voting shall be made available in the Borough building and it shall not begin prior to
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15 days before a regular or special election. The period for early voting may be extended to up to
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21 days before the date of the election by borough assembly resolution.
B. The clerk shall determine the hours designated for early voting and the process for early
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voting to ensure the integrity of the election.
B. The early voter shall appear before an election official and provide their name, residence
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address, and voter identifier such as a voter number, social security number, or date of birth.
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C. The election official shall verify the voter's proof of identification as required in KIBC
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7.30.060(C). The election official shall verify that the voter's residence address appears on the
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official registration list and is qualified to vote per this title and shall require the voter to sign the
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precinct register. The signing of the register shall constitute a declaration that the voter is qualified
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to vote.
D. When the voter has qualified to vote, the election official shall give the voter an official
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ballot. The voter shall proceed to mark the ballot in secret, place the voted ballot in the secrecy
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sleeve, and deposit the ballot in the ballot box in the presence of the clerk or election official.
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E. The tabulation of early voting ballots shall not begin before 8 p.m. on election day. The
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ballots and voting machine shall be delivered to the receiving team who will tabulate the results,
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sign the tapes, and return the tapes and memory card to the clerk. The results tapes shall serve
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as the early voting precinct certificate of election.
F. Prior to the election, the clerk shall mark the precinct registers of those voters who voted
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early or give to the election board in each precinct a list of voters from the precinct who have
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voted early.
7.50.030 Absentee voting — In person.
A. For locations where early voting is not available, the borough clerk may provide absentee
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AaAny person may apply for an absentee ballot in person
eff+sial. Absentee voting will be made available 15 days before an election, up to and may
includeiag the day befGFe `� teats of the election, during regular effise hours the hours designated
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for absentee voting, by completing an absentee in person envelope. The period for absentee
voting may be extended to up to 21 days before the date of the election by borough assembly
resolution.
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 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 gray envelope, place the small 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. 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.
7.50.040 Personal representatives 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 personal representatives ballot, or the voter may, through a representative,
request a personal representatives 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 personal representatives ballot is made through a representative, the
representative shall sign a personal representatives 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:
Kodiak Island Borough, Alaska
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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
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 personal representatives 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 small gray envelope, and place the small gray envelope in the personal representatives
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 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.
7.50.050 Absentee voting — By mail.
A. Any person may apply for an absentee ballot by mail or by electronic transmission if received
by the clerk not more than six months nor less than seven days before an election. The application
shall include the address where the absentee ballot shall be mailed and the applicant's full local
residence address and signature.
B. After receipt of an application by mail, the clerk shall send the absentee ballot and ether
absentee Y0tiRg material to the applicant by at least first --class, nonforwardable mail. The ballot a
shall be accompanied by instructions on how the ballot must be voted, the oath and affidavit
envelope completed, and the ballot returned in order to be counted. The shg" be Gen`
Kodiak Island Borough, Alaska Ordinance No. FY2023-05
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C. Upon receipt of an absentee ballot by mail, the voter,
peFseR qualified to ad- minister oaths, eF two peFsens eYeF the age of 18 , may proceed to
mark the ballot in secret, place the ballot in the small gray envelope, place the small gray envelope
in the larger return envelope, and sign the voter's certificate on the back of the return envelope in
the presence of an official+" •••'� (es) who shall sign as attesting official(s) and shall date their
voter's -signature. Officials recognized to attest the legitimacy of signatures listed in this subsection
are: a notary public, a commissioned officer of the armed forces including the National Guard,
state court fudge, magistrate. United States postal official, or other person qualified to administer
oaths. If none of the officials listed in the subsection are reasonably accessible, an absentee voter
shall have the ballot witnessed by a person over the age of 18 years.
D. The voter shall provide a proof of identification including one of the three unique pieces of
personal identification which shall include the voter's date of birth, last four digits of the voter's
voter identification number to aid in the establishment of the voter's identity. These unique
identifiers shall be provided by the voter on the larger return envelope.
ED. The voted absentee by -mail ballot must be either delivered to an election official before the
time set for in person absentee votes to be cast, or postmarked on or before midnight of election
day and received by the clerk no later than the Tuesday following the election by 5 p.m. Ballot
envelopes received after that time shall not be opened but shall be marked "rejected," with the
date of receipt noted thereon, and shall be preserved as set by the records retention schedule.
The canvass board shall review voted by -mail ballots under this section using the established
procedures for the review of absentee ballots.
D. A voter who does not receive an absentee by -mail ballot or any voter wishing to vote absentee
in -person or early vote in person may do so at any designated absentee or early voting site.
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F. The borough clerk shall maintain a record of the name of each voter to whom an absentee
by -mail ballot is sent under this section. The record must list the type of ballot mailed, date on
which the ballot is mailed, date on which the ballot is received by the borough clerk. The record
shall be made available for public inspection.
Kodiak Island Borough, Alaska
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Ordinance No. FY2023-05
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7.50.060 Designation of absentee voting officials.
The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act as
absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the
absentee voting officials.
Chapter 7.60
ELECTION PAMPHLET
Sections:
7.60.010 Election pamphlet.
7.60.010 Election pamphlet.
A. Before each regular and special election, the clerk shall mail an election
pamphlet to every registered voter household within the borough.
B. Each election pamphlet shall contain:
1. A map of the election precincts;
2. Sample ballots;
3. An absentee ballot application;
4. Candidate information and a candidate statement submitted by the close of nominating
period. Candidate names shall be listed in the pamphlet in the order that candidacy
declarations are filed.
5For each ballot proposition submitted to the voters by initiative or referendum petition
or by the assembly:
a. The full text of the proposition specifying ordinances proposed to be affected;
b. The ballot title and the summary of the proposition prepared by the
administration or the clerk; and
c. A summary of statements submitted by proponents and opponents of each
proposition. If only one statement is received, it will not be published;
5. For each bond question, a statement of the scope of each project; and
6. Additional information on voting procedures that the clerk considers necessary.
Kodiak Island Borough, Alaska
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Ordinance No. FY2023-05
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C. There is no charge for statements advocating approval or rejection of a proposition submitted
to the voters for approval.
D. Material in the election pamphlet shall be organized to the extent possible in the same manner
and form in which it will appear on the ballot. The decision of the clerk on the form of the material
is final.
E. Not less than 14 days before the election, the clerk shall mail to every registered voter
household one copy of the pamphlet and may post the information on the Borough web site or
other social media platforms. Additional pamphlets may be obtained from the borough offices and
other Dlaces determined to be appropriate by the clerk. Provided. however, that errors or
omissions in the pamphlet or failure of the borough to provide a voter Damphlet shall not invalidate
an election
F. A candidate's information and statement submitted under this section may not exceed 350
words. An article such as "a," "an," and "the" will be counted as a word.
G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted by
the candidates) or proposition sponsor(s.) The clerk will add a disclaimer noting the information
is the opinion of the author(s) and has been reproduced as submitted, without any changes to
grammar, spelling, or punctuation.
Chapter 7.70
ELECTIONS BY MAIL
Sections:
7.70.010 Conduct of election -by--mail.
7.70.020 Notice of election --€election date -public notice.
7.70.030 E-lestaen Absentee voting officials -duties.
TI
7.70.070 Casting ballots.
7.70.080 Storing ballots.
7.70.010 Conduct of election--by:-mail.
Kodiak Island Borough, Alaska
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Ordinance No. FY2023-05
Page 29 of 33
A. The Clerk may conduct a regular or special a -election by -mail with the approval of the
Assembly.
B. When the borough clerk conducts an election by mail, the borough clerk shall send a ballot
to each person whose name appears on the official voter registration list prepared under AS
15.07.125 for that election. The ballot shall be accompanied by instructions on how the ballots
must be voted, the oath and affidavit envelope completed, and the ballot returned in order to be
counted. The ballot shall be sent to the address stated on the official registration list unless the
voter has notified the borough clerk in writing of a different address to which the ballot should be
sent or the address on the official registration list has been identified as being an undeliverable
address. The borough clerk shall send ballots by first-class, nonforwardable mail on or before the
fifteenth day before the election.
C. Upon receipt of a by -mail ballot, the voter shall cast the ballot in the manner specified in KIBC
7.50.050(C). The voted by -mail ballot must be either delivered to an election official before the
time set for in person absentee votes to be cast, or postmarked on or before midnight of election
day and received by the clerk no later than the Tuesday following the election by 5 p.m. Ballot
envelopes received after that time shall not be opened but shall be marked "rejected," with the
date of receipt noted thereon, and shall be preserved as set by the records retention schedule.
The canvass board shall review voted by -mail ballots under this section using the established
procedures for the review of absentee ballots.
D. A voter who does not receive a by -mail ballot or any voter wishing to vote absentee in -person
or early vote in person may do so at any designated absentee or early voting site.
7.70.020 Notice of election - €election date -public notice.
1n/tien the Glprk dptprrniR c that .. Aleptinn will be Aend cted by mail Under KIRC 7 70 01 n +tie a
RAtiGP Of e'PAtqAR Galling fOF the el6GtiGn must state that thp election is to be GonduGted by-maj4
Kodiak Island Borough, Alaska Ordinance No. FY2023-05
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A. The notice of election calling for the election must state that the election is to be conducted
by -mail and that there will be no polling place open for regular in -person voting on election day,
with the exception of designated absentee in -person or early voting polling locations.
B. For each election conducted by mail, the public notice published will include the information
specified in KIBC section 7.10.060.
7.70.030 Absentee voting €lestlen-officials - duties.
In. Ranh eleAtion. renduGted by mail, the a66eFAbly shall appoint an el9Gt'eR beaFd GGFApG69d Af R ' t
teasi#ree-The borough clerk may appoint election officials
in Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor,
Ouzinkie, and Port Lions who are willing and able to serve as absentee voting officials. Absentee
voting officials serving under this section shall be compensated at a rate determined by the clerk
to be commensurate with the duties as compared to other election officials. -44e-914mk-sha1t
om
vile .r.edeFate G ...tie.. to the gla .. Atee yeting C)ffi AMRIC. to s vaaed ..M13 ..f th
aminostrgfinn of this 6eFYOG9. Whioh shall he agreed to by the absentee voting at least one
election offinial for eaGh PFeGiAGt shall -be avaika hip for at least 15 days PFeGed iRg the eIeGti0R RRd-
No. 1, Kediak No. 2, and M'66'GR Read, at least GRe elention effinial shall he. available for at
Glerk. The G-lerk shall supply adequate VGtiRg supplies and ballets te the elentien effidials. A4
GffiGeF6 by the GGRAtiti-ItiGA Af the state in the FnanneF PFe6GFibed by the The duties of the
election official shall be as follows:
A. Provide absentee voting in person and personal representatives voting on any date the
election officials are available, including the day of the election.,
B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official, except
that the election official may not attest 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 the register, and providing replacement ballots to voters
who have improperly marked or damaged their ballots.
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F. Receive ballots and Rprovide for the security and safekeeping of all ballots received by the
elp.rfinn officials at their stations and present return those ballots to the clerk for canvassing. The
borough clerk will specify the means of returning the voted ballots and all other election supplies
to the borough.
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7.70.0470 Casting ballots.
A. Upon receipt of a by-mail4n ballot, the voter shall cast the ballot in the manner specified in
KIBC 7.50.050(C)aad (D). If the ballot is cast iR the Glerk's Affine the in the presence of an
election official, the official clerk shall may retain it for delivery to the canvas board. If the ballot is
cast in another location, the voter shall return it by mail to the clerk immediately for delivery to the
canvas board.
B. A voter who does not receive a email -ire ballot may Gast the early vote or cast an absentee
ballot in person as 6P8Gifi8d iR KIBG 7.70.030.
7.70.0580 Storing ballots.
The clerk shall provide for the secure storage of the mail -in ballots received from the voters and
by -mail officials until the date set by the clerk for the counting of the ballots.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTH DAY OF JULY, 2022
KODIAK IS ROU
( � i AT ST:
iam Robe s, or Wa P -
Nova M. Javier, MMC, Bo ugh Clerk
VOTES:
Ayes: Arndt, Smiley, Turner, Williams
Absent: Delgado, Griffin, Smith
Kodiak Island Borough, Alaska
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Ordinance No. FY2023-05
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