FY2023-15 Amending Title 7 Elections, Chapter 7.40 Canvassing And Certification Of Election Returns, Section 7.40.010 Canvass Of Returns1
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KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2023-15
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
TITLE 7 ELECTIONS, CHAPTER 7.40 CANVASSING AND CERTIFICATION OF ELECTION
RETURNS, SECTION 7.40.010 CANVASS OF RETURNS
WHEREAS, KIBC Section 7.40.010 details the procedure for canvassing of election returns,
and in KIBC 7.40.010(C), it currently states that marked ballots that are not in a small gray
envelope shall not be counted; and
WHEREAS, current code as drafted appears to be too restrictive. Voters who voted and
endeavored to return their ballot should not be penalized for a minor technicality or oversight; and
WHEREAS, the provisions for absentee ballot counting review in AS 15.20.203 do not identify
failure to use the small grey envelope as a basis for challenging or rejecting an absentee ballot;
and
WHEREAS, after inquiry with Kenai Peninsula Borough, City of Soldotna, Matsu Borough, and
Ketchikan Gateway Borough, it has been found that these municipalities allow ballots that are not
in small gray to be counted.
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: That Section 7.40.010 Canvass of returns of the Kodiak Island Borough Code of
Ordinances is amended to read as follow
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 State 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. 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
Ordinance No. FY2023-15
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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, oF is theyete. fails to a elose the marked ballot inside the small 9Fay envelope
previded-The clerk or a member of the election canvass board may question the qualifications
of an absentee voter when read from the voters 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 ballot and an small gray envelope shall be placed
in a container and mixed with the other absentee ballots and small gFayenvelopes. The mixed
ballots and small gray envelopes shall be drawn from the container, any envelopes opened,
and the ballots counted according to the rules of determining properly marked ballots.
Returned ballots that were not enclosed in a small gray envelope may still be counted so long
as the voter is qualified, has properly executed the oath and affidavit, and the ballot is
otherwise properly cast.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF APRIL, 2023
KODIAK ISLAND BOROUGH
�o r� A T:
Aimee Williams, Mayor � kA_ A - nuA^�
Nova M. Javier, MMC, Bo ough Clerk
Introduced by: Mayor and Assembly
First reading: 03/16/2023
Second reading/public hearing: 04/06/2023
VOTES:
Ayes: Arndt, Delgado, Griffin, LeDoux, Smith, Turner
Absent: Smiley
Ordinance No. FY2023-15
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