1981-05 Relating to Election Proceduresfollows:
follows:
KODIAK ISLAND BOROUGH
ORDINANCE NUMBER 81 -5 -0
AN ORDINANCE RELATING TO ELECTION PROCEDURES.
The Kodiak Island Borough Assembly hereby ordains:
Sect 1, Section 2 .04.180(d) ( ) is amended to read as
(d) Certification by said officer or witnesses must be
affixed to the ballot envelope on or before the date of
the election; however, all ballots cast under the pro-
visions of this regulation shall, in order that they may
be counted, be received by the clerk of the Kodiak Island
Borough from the absent voter prior to the canvass of the
returns b the Assembl or •rior to final resolution b
the Assembl
rior to final resolution b the Assembl
of an recount or contest of the election whichever is
later.
Sect= 2. A new section 2.04.
155 is enacted to read as
Section 2.04.155 Canvass b Assembl .
At a regular or
special meeting held not less than seven days after the
date of the election, the Assembly shall meet and canvass
all election returns. The canvass may be postponed, for
cause, from day to day.
(b) The canvass of all election returns shall be made in
public by opening the returns and tallying the number of
votes cast for each candidate and for and against each
proposition voted upon at such election. The result of
the election shall be publicly declared and certified by
the Assembly and entered upon the public records of the
meeting. The records shall show:
1. The number of votes cast in the election.
2. The names of persons voted for.
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Ord. 81 -5 -0
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3. The propositions voted upon.
4. The offices voted for.
5. The number of votes cast for each
candidate and the number of votes
cast for and against each proposition.
Section 3. A new section 2.04.183 is added as follows:
Section 2.04.183 Recount.
(a) A defeated candidate or any ten qualified voters may
file a written application within 24 hours after the
completion of the canvass of the election by the Assembly
for recount of the votes from any precinct or precincts
for any office or proposition. The application shall be
filed with the clerk.
(b) Form of Application. The application shall state the
precinct or precincts for which the recount is to be held,
the office or proposition for which the recount is to be
held and that the person making the application is a
candidate or that the ten persons making the application
are qualified voters. The candidate or persons making
the application shall designate by full name and mailing
address two persons who shall represent the applicant and
be present and assist during the recount. Any person may
be named representative including the candidate himself
or any person signing the application. Application by
ten qualified voters shall also include the designation
of a member as chairman. The candidate or persons making
the application shall sign the application and print or
type their full name and mailing address.
(c) Requirement of Deposit. The application shall
include a deposit in cash or by certified check. The
amount of the deposit is $50.00 for each precinct as to
which recount is requested. However, 1) if the recount
includes a proposition or an office for which candidates
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received tie votes;
or 2) if the difference between the
winning vote and the next highest vote was ten or less
or was less than one percent (1 %) of total number of
votes cast, the application need not include a deposit.
D. If the clerk determines that the a
substantiall PAlication is
Y in the required form
of the , s he shall fix the date
recount, to be held within
3 days after receipt of
the application, and shall notif
chairman of the time and Y candidate or designated
place of the recount.
E. Upon completion of the recount, the clerk shall
immediately transmit to the Assembly the election recount
results. The Assembly shall consider the election recount
results at the earliest practicable date. Immediately
after c onsideration of the election recount results, t he
Assembly shall declare the election results and record
the results in its
minutes.
F. Any recount
proceedings shall be open to the public.
G. Pa ment for Recount. The contestant shall pay all
costs and expenses incurred in a recount of an election
demanded by the contestant if the recount fails to
reverse the result of the election, or if the difference
between the winning and next highest vote following the
recount is more than two percent (2 %) of the total number
of votes cast.
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Section 4
A new section 2 .14.187 is enacted as follows:
Section 2.04.187, Contest of Election.
A. Any candidate or 10 qualified voters may contest the
election of any person or the approval or rejection of
any proposition upon one or more of the following
1. Malconduct, fraud, corruption or error
of an election official sufficient to
change the results of the election.
2. Dis qualification of the person elected.
grounds
3. The existence of a corrupt election practice
as defined by law or ordinance.
B. The candidate or one or more of the voters initiat_
the contest shall appear before the Assembly at the
meeting held to canvass election returns and present a
written notice of contest; or such written notice shall
be filed with the clerk no later than 5:00 p.m. on the
Tuesday following the election. The notice of contest
shall specify the election being contested, the grounds
of the contest in detail and shall bear the notarized
signatures of the candidate or the qualified voters
bringing the contest.
C. Upon receiving a valid notice of contest, the Assembly{
shall order such investigative action as it deems
appropriate, including a recount if demanded. Those con-
testing the election, those whose election is contested,
and the public shall be allowed to attend all investiga-
tions or recount proceedings.
D. After considering the reports of the investigator(s
and any other evidence presented, the Assembly shall
determine whether any illegally cast votes could have
affected the elections results. If so, the Assembly may
take appropriate action, including rejection of affected
votes, or, in extreme cases, declaring the election
invalid, and ordering a new election. If illegally cast
votes could not have affected the election results, the
Assembly may so declare and uphold their previous action
in declaring the election validly held.
Section 5. Effective Date. Section 1 of this ordinance
it effective 1 October,
1980.
PASSED AND APPROVED this
3rd day of Fe ,
a• , 1981,
KODIAK ISLAND BOROUGH
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,1 ATTEST:
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JOrd. 81 -5 -0
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By
Borough Mayo
"I By
C erk
(FIRST READING DATE: Januar 9 1981
iA SECOND READING, PUBLIC HEARING DATE: Fe
DOPTION DATE: Februar 3 19 1 1981
( EFFECTIVE DATE: 0 to 1
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