Loading...
1986-22 Relating to ElectionsKODIAK ISLAND BOROUGH ORDINANCE NO. 86 -22 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RELATING TO ELECTIONS BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1. This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances. Section 2. Chapter 2.04 is hereby repealed in its entirety. Section 3. A new chapter, 2.01, Elections, is hereby enacted. Section 4. This ordinance takes effect upon adoption. PASSED AND APPROVED THIS 1 DAY OF July , 1986. ATTEST: °rough taerk Borough Mayor r LL 1 Prea ding Officer First Reading, Approval Date: 1 May 1986 Second Reading, Public Hearing, Approval Date: Adoption Date: 1 July 1986 Drafted By: Borough Clerk 1 June 1986 sr 1 Sections: 2.01.010 2.01.020 2.01.030 2.01.040 2.01.050 2.01.060 2.01.070 2.01.080 2.01.090 2.01.100 2.01.110 2.01.120 2.01.130 2.01.140 2.01.150 2.01.160 2.01.170 2.01.180 2.01.190 2.01.200 2.01.210 2.01.220 2.01.230 2.01.240 2.01.250 2.01.260 2.01.270 2.01.280 2.01.290 2.01.300 2.01.310 2.01.320 2.01.330 2.01.340 Chapter 2.01 ELECTIONS Incorporation of state and federal law. Liquor sales permitted. Clerk to administer elections. Qualifications of voters. Time of election. Notice of elections. Precincts and polling places. Candidate qualifications. Declaration of candidacy by petition. Correction, amendments and withdrawal of nominating petition. Election officials. Ballots - -Form. Ballots -- Distribution. Election supplies and equipment. Voting devices and machines. Absentee voting. Designation of absentee voting officials. Voting procedures at the polls. Questioning procedure. Disposition of questioned votes. Unused ballots. Counting ballots. Completion of ballot count. Rules for determining mark. Tally of votes. Canvass of returns. Certification of the election. Election recounts. Contest of election. Expenses. Preservation of election ballots, papers and materials. Severability. Election pamphlet. Definitions. 2.01.010 Incorporation of state and federal law. All provisions of the Constitution of the United States, the Constitution of the state and any laws pursuant to said Constitution affecting borough elections are incorporated this chapter as if fully set out in this chapter. 2.01.020 Liquor sales permitted. The provisions of A.S. Section, 04.16.070(b) do not apply in the borough when elections are being held. 2.01.030 Clerk to administer elections. The borough clerk, in accordance with the provisions of this chapter, shall administer all boro:? elections. 2.01.040 Qualifications of voters. A. A person is qualified to in borough -wide elections who: 1. Is a citizen of the United States; 2. Has passed his eighteenth birthday; 3. Has been a resident of the state and of the borough for at least thirty days preceding the election; 4. Has registered at least thirty days before the election with the state and is not registered to vote in another jurisdiction; and 5. Is not disqualified under Act. V of the State Constitution.. B. A person is qualified to vote in a service area election if he meets the above requirements and has been a resident of the service area in which he seeks to vote for at least thirty days immediately preceding the election. C. If a voter's polling place is in question, a voter shall be s::owt to vote, and any election official shall consider the ballot as a quests :ned ballot. 2.01.050 Time of election. A. Regular elections shall be he on t.._ 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. 2.01.060 Notice of elections. A. The clerk shall post a notice of each regular election in three public places and publish at least twice in one or more newspapers of general circulation in the borough, the first such publication to be accomplished at least thirty days prior to the election. For special elections, the first such publication to be accomplished at least twenty days prior to the election. 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; 6. Voter qualifications; and 7. Location of precinct polling places. C. At least one day before the election, the borough clerk shall cause to be posted at each polling place where the election is to be held, publish in newspaper of general circulation and in at least three public places in the borough, specimen ballots with instructions to voters. Specimen ballots shall be substantially similar to the official ballots and shall be marked "sample ballot" in place of the words "official ballot ". 2.01.070 Precincts and polling places. A. The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all elections. The clerk shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct. B. No later than twenty days before each regular and special election the clerk shall publish in one or more newspapers of general circulation in the borough the locations of the precinct polling places. Such publication shall be repeated at least once no later than the day prior to the election. 2.01.080 Candidate qualifications. A. Candidates for borough mayor, assembly and school board must be qualified voters of the borough and residents of the Kodiak Island Borough for one year at the time of filing. B. Candidates for service area boards must be qualified voters of the (borough and residents of the service area. 2.01.090 Declaration of candidacy by petition. A. At least sixty -five days before each regular election, the clerk shall publish in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the manner of making nominations. B. Any qualified person may have his name placed on the ballot as a candidate for any elective office by filing no earlier than sixty days nor later than forty -five days before the regular election, with the clerk, a nominating petition signed by ten qualified voters of the borough. Candidates for elective office shall file a Conflict of Interest Statement in accordance with the provisions of Alaska Statutes at the time of filing the nominating petition. Each candidate shall file the name and address of the campaign treasurer with the Alaska Public Offices Commission in accordance with the provisions of A.S. Ch. 15.13 no later than seven days after the date of filing a declaration of his candidacy. C. Nominating petitions shall be provided by the clerk and shall include a provision for a statement by the candidate affirming his qualifications to fill the office for which he is filing. 2.01.100 Correction, amendments and withdrawal of nominating petitions. A. Any candidate may withdraw his nomination at any time during the period for filing nominating petitions by appropriate written notice to the clerk. However, after the filing has closed, no petition may be corrected, amended or withdrawn. B. A nominating petition presented shall not be changed as to term of office. If a candidate desires to file for a different seat, he shall request that the prior petition be withdrawn and obtain a new form from the clerk. 2.01.110 Election officials. A. The assembly shall appoint at least three judges in each precinct to constitute the election board of that precinct. The borough clerk is the election supervisor. One judge shall be designated as chairman and shall be ordinarily responsible for administering_ the election in that precinct. The clerk may appoint up to three election clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship. B. All election officials should attend a training session unless personally and specifically excused for cause by the borough 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. Each election official serving at a precinct polling place must be a qualified voter and, if possible, a resident within the precinct for which he is appointed. D. All election judges and clerks, before entering upon their duties must subscribe to the oath required of all public officers by the Constitution of the state in the manner prescribed by the clerk. E. Candidates or members of the candidate's immediate family shall not serve as officials for the election in which he is a candidate. 2.01.120 Ballots - -Form. A. 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, the number being placed in an area set off by perforations for ease of removal and on a portion of the ballot that -an be seen when the manner in which the ballot is marked is concealed from view. B. 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 -in's 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. Names of candidates shall appear on the ballot in rotated positions as prescribed in Alaska Statutes for state elections. C. 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. D. Each ballot shall bear the words "Official Ballot ", and the date of the election. E. The clerk shall have printed and available at each polling place on election day and in the clerk's office preceding the election, the appropriate tinted sample ballots for each election. 2.01.130 Ballots -- Distribution. A. The clerk shall have the ballots in his possession at least fifteen days before each regular election. At that time the ballots may be inspected by any candidate whose name is on the ballot, or his authorized agent, and any mistake discovered shall be corrected immediately. Sufficient ballots for the registered voters of 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. 2.01.140 Election supplies and equipment. A. Before the opening of the polls the clerk shall furnish to the election board of each precinct thr state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct's election, including those materials required by this section. oc- 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 instruction shall be printed on cards in large, clear type and 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 his 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. 2.01.150 Voting devices and machines. A. Voting devices and machines will be used for all regular and special elections unless determined not to be practical by the clerk. The laws of the state concerning voting devices and machines are incorporated in this chapter as if fully set out in this chapter except for provisions in conflict with this chapter. All necessary supplies for the assistance of voters, such as sample ballots, instructions, booths, etc. shall be provided in the same manner as when paper ballots are used. 2.01.160 Absentee voting. A. Eligibility. Any qualified voter who expects to be absent from his election precinct or who will be unable to go to the polling place of that precinct for reasons of physical disability may cast an absentee ballot. A person who believes he will be unable to be present at the polls because of the physical inaccessibility of the polling place causing undue travel expense, hardship, or hazard to the voter may vote absentee. B. Materials for Absentee Voting. There shall be a small blank envelope and a return envelope supplied to each absentee voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare his qualification to vote, followed by provision for attestation by an attesting witness, who is at least eighteen years of age. C. Absentee Voting in Person. 1. A qualified voter may apply for an absentee ballot in person on any date after the ballots are prepared and available, up to and including the day before the date of the election. 2. On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in Section 2.01.180(0), the clerk shall issue the ballot to the applicant. 3. On receipt of an absentee ballot in person, the voter shall proceed in the presence of the clerk to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to sign the voter's certificate on the larger envelope, sign and date his signature. The clerk shall then accept the ballot. 4. The clerk shall keep a record of the names and signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast. D. Absentee Voting By Personal Representative. 1. A qualified voter may apply for an absentee ballot through a personal representative not later than the day before the date of an election. The application shall be signed by the applicant and be accompanied by a letter from a licensed physician or a statement signed by two qualified voters stating that the applicant will be unable to go to the polling place because of physical disability. 2. The personal representative shall deliver the absentee ballot to the voter as soon as practicable. Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, place the ballot in the small envelope, place the small envelope in the larger envelope, and sign the voter's certificate on the back of the envelope in the presence of the personal representative who shall sign as attesting and date his signature. The voter shall then return the absentee ballot to his personal representative who shall deliver the ballot to the election official who provided the ballot. The absentee ballot must be returned to the borough clerk within three days from the date it is obtained but not later than eight p.m. on election day. An absentee ballot that is not returned to the borough clerk by the close of business on the third day from the day it is obtained may not be counted but the voter may vote in the election. 3. The clerk shall keep a record of the name and signature of each personal representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk shall record the date and time the absentee ballot is provided and the time the ballot i' returned. E. Absentee Voting by Mail. 1. A qualified voter may apply for an absentee ballot by mail if postmarked not more than sixty days nor less than seven days before an election. The application shall include the address to which the absentee ballot shall be returned and the applicant's full Alaska resident address and signature. 2. After receipt of an application by mail, the clerk shall send the absentee ballot and other absentee voting material to the applicant by the most expeditious mail service. The materials shall be sent as soon as they are ready for distribution. A return envelope shall be sent with the materials addressed to the clerk. 3. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, other person qualified to administer oaths, or a person over the age of eighteen years, may proceed to mark the ballot in secret, place the ballot in the small envelope, place the small envelope in the larger envelope, and sign the voter's certificate on the back of the larger envelope in the presence of the witness who shall sign as attesting official and shall date his signature. 4. An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, he shall use the most expeditious mail service and mail the ballot not later than the day of the election to the clerk. It must be postmarked on or before midnight of election day and received by the clerk no later than the Friday following the election. Ballot envelopes received after that time shall not be opened but shall be marked "invalid ", with the date of receipt noted thereon, and shall be preserved for one year with other ballots of the election. 2.01.170 Designation of absentee voting officials. The borough clerk may appoint 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 city clerks or registrars who shall serve as absentee voting stations. 2.01.180 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 judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration list in the space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. 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. C. Before being allowed to vote, each voter shall exhibit to an election judge one form of identification, including but not limited to an official voter registration card, driver's license, birth certificate, passport, or hunting or fishing license. An election judge may waive the identification requirement if he knows the identity of the voter. 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 judge shall give him 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 judges have completed their post election duties. E. A qualified voter who cannot read, mark the ballot, or sign his name may request an election judge, a person, or not more than two persons of his choice to assist him. If the election judge is requested, he shall assist the voter. If any other person is requested, the person shall state, upon oath before the election judge that he will not divulge the vote cast the person whom he assists. Intoxication shall not be regarded as a physica_ n.,-14ngrrP Nn. PA-1 Dana A ^F 11 disability, and no intoxicated person should receive assistance in marking his ballot. F. If a voter improperly marks or otherwise damages a ballot, he 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 damaged ballot after having recorded its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. G. Fifteen minutes before closing the polls the time remaining before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed 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. 2.01.190 Questioning procedure. A. Every election judge and election clerk shall question, and any person qualified to vote in the precinct, or qualified to vote in the particular election involving less than an entire precinct in the case of service areas, may question a person attempting to ,vote if the questioner has good reason to suspect that the questioned person is not qualified to vote. All questions shall be made in writing setting out the reason for the question. A questioned person before voting shall subscribe to an oath and affidavit provided by the clerk attesting to the fact that in each particular case the person meets all the qualifications of a voter, that he is not disqualified, and that he has not voted at the same election. 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, he shall be allowed to vote, and any election official shall consider the ballot as a questioned ballot. The voter whose ballot is being questioned shall complete a statement concerning his residence on a form provided by the clerk. 1 2.01.200 Disposition of questioned votes. A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election judge removed the numbered stub from the ballot, the voter shall insert the ballot into a small blank envelope, seal it, and put the envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be counted (unopened) and compared to the voting list, segregated and delivered to the clerk for delivery to the canvass board. 2.01.210 Unused ballots. The numbers of all ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the clerk before the ballot box is opened. The numbers of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved f:r one year. 2.01.220 Counting ballots. A. The opening of the ballot box and the counting of ballots shall be accomplished in full view of any persons present. However, the chairman of the election board shall not permit any present to interfere in any way or to distract the appointed officials frog their duties and no one other than appointed election officials may handle the ballots. B. Immediately following the closing of the polls the election officials shall open the ballot box and count the number of ballots cast with necessary adjustments to account for the number of ballots required to present to each voter all the offices and propositions on which he is entitled to vote; the number of ballots cast shall agree with the number of signatures on the precinct register. If a discrepancy exists which cannot to esolved, the election officials shall explain the discrepancy to the best :f their ability in writing for delivery to the clerk. C. If computer- counted ballots are used, the election officials shall ake a preliminary inspection of the ballot cards, separating those obviously • amaged or marked in a questionable manner. After the preliminary inspection is complete, all the ballots shall be placed in the container provided and a seal affixed. The sealed container shall be delivered to the counting oenter 1 2.01.230 Completion of ballot count. When the tally of hand counted ballots is completed, and in no event later than the day after the election, !the election board shall complete in duplicate the Certificate of Returns 'indicating the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the borough clerk. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the borough clerk one copy of the certificate and the register. In addition all ballots properly cast shall be mailed or hand delivered to the borough clerk in a separate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from which they come. In those areas of the borough where ballots are counted by hand, the chairman shall forward their election results by telephone, telegram or radio on the night of the election. To assure adequate protection, the borough clerk, shall prescribe the manner in which the ballots, registers and all other election records and materials are thereafter preserved, transferred and destroyed. 2.01.240 Rules for determining mark. A. All canvassing and counting of ballots will be conducted according to the following rules: 1. A failure to properly mark a ballot as to one or more candidates does not in itself invalidate the entire ballot. 2. A voter may mark his ballot only by using punch marks as may be made through use of the provided ballot marking machine or, if paper ballots are used, a cross mark, "X" mark, diagonal, horizontal or vertical mark, solid mark, circle or asterisk shall be made with pencil or pen and ink. The marks will be counted only if they are substantially inside the squares provided, or touching the square so as to indicate clearly that the voter intended the particular square to be designated. 3. If a voter marks fewer names than there are persons to be elected to the office, the vote will be counted for each candidate properly marked. by two or more election judges. In the event that election judges of a precinct are unable personally to deliver the ballots of their precinct to the counting center due to weather or road conditions, delivery may be arranged with all due and proper safeguards, by the state or city police. D. If paper ballots are used, the election board shall tally the votes cast in the manner prescribed in this chapter. E. Ballots may not be counted before 8:00 p.m., local time, on the day 'of the election. 4. If a voter marks more names that there are persons to be elected to the office, the votes for that office will not be counted. 5. Improper marks on the ballot will not be counted and will not invalidate marks for candidates properly made. 6. Any erasure or correction invalidates only that section of the ballot on which it appears. 7. Write -in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the printed name is for the same office and has also been marked or unless the election board determines, on the basis of other evidence, that the ballot was so marked as to be for the purpose of identifying the ballot. 8. In order to vote for a write -in candidate, the voter must write in the candidate's name in the space provided and, in addition, mark the square opposite the candidate's name in accordance with Section 2.01.240(A)(2). 9. 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. 2.01.250 Tally of votes. A. Tally of Votes Cast by Paper Ballot. The clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes accordinc to the rules for determining marks on ballots prescribed in Section 2.01.24( The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after nrai�an�o 'i Q5-11_n D�11c Q of 1/ it has been taken from the ballot box and before it is placed in the envelope for delivery to the clerk may remove a ballot from the immediate vicinity of the polls or have a marking device in hand. B. Tally of Votes by Computer. 1. Election judges and clerks serving at the counting center shall be appointed in the same manner as those serving at the polling places. Any qualified voter of the borough may be appointed for this service. 2. Upon receipt of the ballot container, an election official shall test the seal and certify that it has not been broken. If there is a discrepancy, it shall be brought to the clerk's attention at this time. 3. After certification that the seal on the ballot container was intact upon receipt, a counting center official shall break the seal and remove the ballots. Those ballots that cannot be processed by the computer due to physical damage shall be stamped "DEFECTIVE" and shall be delivered to the control board. 4. Three election officials, as a board, shall prepare facsimiles of all defective ballots, recording ballot numbers in the manner prescribed by the clerk in order to permit verification of duplication if necessary at a later date. Facsimile ballots shall be placed with the valid, nondefective ,ballots of the precinct to be delivered to the computer area for tally of (votes. Defective ballots of which facsimiles have been prepared and rejected ballots shall be placed in an envelope bearing the number of the precinct at \which they were cast and shall be delivered to the clerk to be preserved for ;one year. 1 5. Only those ballots punched in accordance with Section 2.01.240(A)(2) shall be counted. 6. Computer tally of votes cast shall be directed by the clerk and shall be observed by an independent review board appointed by the assembly. When the tally of votes has been completed, the voted ballots shall be sealed into containers and delivered to the clerk to be preserved for one year. Ballot containers may not be opened unless the clerk is ordered to do so by the assembly or by the court. 7. Write -in votes will only be tabulated when the total number of write -in votes for any office exceeds the smallest number of votes cast for any candidate whose name is printed on the ballot. 2.01.260 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 in the manner prescribed by the clerk. B. On the day following each election, or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements. In full view of of those present, the election canvass board shall judge the applicability and questioned ballots, 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. Questioned and absentee ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, or if the voter fails to enclose his marked ballot inside the small envelope provided. The (clerk or a member of the election canvass board may question the aifictions of an the the large aenvelope�, oifrheh has r good f reason e to o suspect that certificate on the I I I voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to accept the question and count the ballot. If the ballot is refused, the clerk shall return a copy of the statement of the question to the voter, and shall enclose all rejected ballots in a separate envelope with statements of question. The envelope shall be labeled "rejected ballots" and shall be transmitted to the assembly with the election certificates and other ,returns. If the ballot is not refused, the large envelope shall be opened, the smaller inner envelope shall be placed in a container and mixed with 'other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned ballot envelopes. The mixed smaller 'blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots. D. Upon completion of the canvass, the canvassing board shall prepare ;a certificate of the results of votes cast by absentee, questioned and ballots of votes cast by regular ballot, and shall prepare and submit a 'written report of said results to the assembly. E. If election materials have not been received from a precinct prior to completion of the canvass, but election results have been transmitted by !telephone, telegram, or radio, the canvassing board shall count the election ;results received. If the borough 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 o'clock in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk by 4:00 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification of the canvassing board. 2.01.270 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 c 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 precinct, 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 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. 2.01.280 Election recounts. A. A defeated candidate or ten 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 five p.m. on the Monday following the election or twenty -four hours after completion of the canvass board, whichever is later. The applicant shall include a deposit in cash or certified check for one hundred dollars. The deposit shall be applied against any costs incurred pursuant to Section 2.01.280(e) 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 qu estion 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 application for a recount shall bear the notarized signature of the candidate or the ten qualified voters seeking the recount. 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. F. A candidate or any person who requested a recount who has reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the superior court within ten days after the assembly has declared the election results. If no such action is commenced within the ten -day period, the election and the election results shall be conclusive, final and valid in all respects. - 2.01.290 Contest of Election. A defeated candidate or any ten qualified voters who contested an election may bring an action in the superior court within ten days after the assembly has concluded that said election was validly held and the results entered upon the minutes. Such 'legal action shall be upon the grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a decision as required by A.S. 15.20.560 for state elections. If no such action is commenced within the ten -day period, the election and the election results shall be conclusive, final and valid in all respects. 2.01.300 Expenses. A. The borough shall pay all necessary election expenses, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and other supplies and any wages to election officials unless otherwise provided by this code. B. The borough shall pay each election board member and canvass board member the hourly rate provided for similar election officials for state elections for the time spent at their election duties, including the receiving of instructions. 2.01.310 Preservation of election ballots, papers and materials. The clerk shall preserve all precinct election certificates, tallies, and registers, receipts for ballots, all voted ballots and declarations of candidacy filed for one year after the election. 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. 2.01.320 Severability. In any provision of this chapter 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. 2.01.330 Election pamphlet. A. Before each regular and special election, the borough clerk shall prepare, publish and mail an election • amphlet to every registered voter within the Kodiak Island Borough. B. Each election pamphlet shall contain: 1. a map of the election precincts; 2. sample ballots; 3. an absentee ballot application; 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 borough clerk on the form of the material is final. E. Not less than 20 days before the election, the borough clerk shall mail to every registered voter one copy of the pamphlet. Additional 'pamphlets may be obtained from the Borough offices. 4. for 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 borough clerk; c. a summary of statements submitted by proponents and opponents of each proposition; 5. for each bond question, a statement of the scope of each project. 6. additional information on voting procedures that the borough clerk considers necessary. C. There is no charge for statements advocating approval or rejection l of a proposition submitted to the voters for approval. 2.01.340 Definitions. In this chapter, unless the context requires otherwise: A. The masculine includes the feminine; B. "Clerk" means the borough clerk or any properly authorized assistant or designee; C. "Days" include weekends and holidays; D. "Election" includes any regular or special election of the borough; E. "Election supervisor" means the borough clerk; F. "Publication" means a newspaper of general circulation or posting in public places; G. "Election officials" means the borough clerk or his designee, election judges and election clerks and canvassing boards; H. "Oath" includes affirmation; I. "Precinct" means the territory established by the state; J. "Proposition" includes question; K. "Qualified voter" is any voter who is (1) a citizen of the United States, (2) has passed his eighteenth birthday, (3) has been a resident of the state and of the borough for at least thirty days just before the election, (4) has registered at least thirty days before the election as required by A.S. Ch. 15.07 and is not registered to vote in another jurisdiction, and (5) is not disqualified under Article V of the State Constitution; L. "Regular election" means a general election to fill assembly offices as required by Section 2.01.050(B); M. "Special election" means any election held at a time other than when a regular election is held; N. "Swear" includes affirm; 0. "Voter" means any person who presents himself for the purpose of voting, either in person or by absentee ballot.