1990-07 Providing for Election by-mail Proceduresthat:
By: KIB Assembly
Drafted by: Borough Clerk
Introduced: 02/06/90
Public Hearing: 02/15/90
Amended: 02/15/90
Adopted: 02/15/90
KODIAK ISLAND BOROUGH
ORDINANCE NO. 90 -07
AN ORDINANCE PROVIDING FOR ELECTION BY -MAIL PROCEDURES
BE IT ORDAINED by the Kodiak Island Borough Assembly
Section 1. This ordinance is of a general and permanent
nature and shall become a part of the Code of Ordinances.
Section 2. Section 2.01.160(D)(1) is amended to read:
1. A qualified voter may apply for an absentee
ballot through a personal representative up to and including the
day of the [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.
Section 3. Section 2.01.160(E)(3) is amended to read:
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 two persons [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.
Section 4. Section 2.01.160(D)(2) is amended to read:
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
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Ordinance No. 90 -07
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1)
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 eight p.m. on election day may not be counted but
the voter may vote in the election.
Section 5. Chapter 2.01, Elections, is hereby amended
by adding new sections to read:
2.01.350 Votina by mail. A. The Clerk may conduct an
election by mail if it is held at a time other than when the
regular borough election is held.
B. If the Clerk conducts an election under (A) of this
section by mail, the Clerk shall send a ballot for each election
described in (A) of this section to each person whose name appears
on the official registration list prepared under AS 15.07.125 for
that election. The ballot shall be sent to the address stated on
the official registration list unless the voter has notified the
Clerk in writing of a different address to which the ballot should
be sent. The Cierk shall send ballots by first class,
nonforwardable mail.
C. If the Clerk conducts an election under (A) of this
section by mail, the Clerk shall mail ballots under this section
on or before the 22nd day before the election.
D. The Clerk shall review ballots voted under this
section under procedures established for the review of absentee
ballots.
E. There shall be a small blank envelope and a return
envelope supplied to each by -mail 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 two attesting witnesses, who are at least eighteen years of age.
2.01.360 Bv- mail -- election date. When the Clerk
determines that an election will be conducted by mail under KIS
2.01.350, the notice of election calling for the election must
state that the election is to be conducted by mail and that there
will be no polling place open for regular in- person voting on
election day. In a by -mail election, election day will be the date
designated by the Cierk as the deadline by which a voter's ballot
must be voted, witnessed, mailed, and, if postmarked, date stamped
by the post office.
2.01.370 Bv- mail -- election iudaes. In each election
conducted by mail, the Assembly shall appoint an election board
composed of at least three judges for each precinct in which the
election is to beheld. In the precincts of Akhiok, Cape Chiniak,
Karluk, Larsen Bay, Old Harbor, Ouzinkie and Port Lions at least
Ordinance MO. 90 -07
Pape 2 e! 5
one election judge for each precinct shall be available for at
least 15 days preceding the election and on election day, at the
hours and location specified by the Clerk. For the precincts of
Flats, Kodiak No.1, Kodiak No. 2, Kodiak No. 3 and Mission Road,
at least one election judge shall be available for at least 15 days
preceding the election and on election day, at the hours and
location specified by the Clerk. The Clerk shall supply adequate
voting supplies and ballots to the election judges. All election
judges, 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. The duties of the
election judge shall be as follows:
1. provide absentee voting in person on any date the
election judges are available including the day of the election
following the procedures in 2.01.160(C) of this chapter and
absentee voting through a personal representative on any date the
election judges are available including the day of the election
following the procedures in 2.01.160(D) of this chapter and have
until the day of the election to return ballots;
2. sign a voter's by -mail oath and affidavit envelope
as an authorized attesting official, except that the judge may not
attest his or her own ballot;
3. accept receipt of a by -mail voter's hand - delivered
voted ballot, which has been sworn to, attested and sealed in the
by -mail return envelope; and
4. provide general voter assistance, including but not
limited to, assistance to a qualified voter who cannot read, mark
the ballot, or sign his name, and providing replacement ballots to
voters who have improperly marked or damaged their ballots.
5. Date -stamp all ballots received by the election
judges at their stations.
6. Provide for the security and safekeeping of all
ballots received by the election judges at their stations and
present those ballots to the Clerk for canvassing.
7. The election judges for the precincts of Flats,
Kodiak No. 1, Kodiak No. 2, Kodiak No. 3 and Mission Road shall
receive and date -stamp ballots delivered by the United States
Postal Service and present those ballots to the Clerk for
canvassing.
8. Any other duties assigned by the Clerk.
2.01.380 Bv- mail -- election notification. In addition
to the public notice required by 2.01.060 in this chapter, the
Clerk shall send to each voter whose name appears on the official
register advance notice of the election at the mailing address
stated in the voter's current registration record. The notice will
be sent before ballots are mailed, and will include:
1. the date of the election;
2. disclosure that the election will be conducted by
mail and that no polling place will be available for regular in-
person voting on election day;
3. designation of the offices to which candidates are
to be nominated or elected, and a statement of the subject of the
Ordinwnco No. 90 -07
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propositions and questions that are to appear on the ballot;
4. designation of the date on which ballots are expected
to be mailed to the voters;
S. designation of the dates upon which a voter who may
not have received a ballot can present himself to the by -mail
official and vote in person as specified in Section 2.01.370;
6. =a listing of appointed by -mail officials and their
hours and locations, and the services they can provide;
7. a statement of when the ballots may be voted, and the
date upon which the ballot must be postmarked and received by the
Clerk or received by the by -mail voting official as specified in
2.01.370 of this chapter in order to qualify for inclusion in the
election tabulation; and
8. brief general instructions on how the ballots must
be voted and how the oath and affidavit envelope must be completed.
2.01.390 By -mail election -- Notice of election. For each
election conducted by mail, the public notice posted in each
precinct and the notice published in newspapers of general
circulation in the area of the election jurisdiction will include
the information specified in 2.01.380 (1) -(8) of this chapter.
2.01.400 By -mail election- -Voter instructions. Specific
instructions for voting a by -mail ballot and a list of the
appointed by -mail officials, their hours and - locations, will be
mailed to each voter with the ballot.
2.01.410 Castina Ballots. A. Upon receipt of a mail -
in ballot, the voter shall cast his ballot in the manner specified
in 2.01.160(E) (3) -(4) of this chapter. If the ballot is cast in
the Clerk's Office, the Clerk shall retain it for delivery to the
Canvas Board. If the ballot is cast in another location, the voter
shall return it by -mail to the Clerk immediately for delivery to
the Canvas Board.
B. A voter who does not receive a mail -in ballot may
cast his ballot in person as specified in 2.01.370 of this chapter.
C. A voter may return the mail -in ballot to a by -mail
official as provided in Section 2.01.370(3).
2.01.420 Storina Ballots. The Clerk shall provide for
the secure storage of the mail -in ballots received from the voters
and by -mail officials, until the date set by the Clerk for the
counting of the ballots.
Section 7. This ordinance shall be effective immediately
upon adoption. -
Ordinance Ro. 90 -07
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ATTEST:
PASSED AND APPROVED THIS 15th DAY OF FEBRUARY, 1990.
KODIAK ISLAND BOROUGH
Pr -= ding Officer
Ordinance No. 90 -07
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