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 Chapter 2.04 is hereby repealed in its entirety.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
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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.