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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 r 1 Ordinance No. 90 -07 Page 1 of 5 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 Pogo 3 of 5 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 Page 4 of 5 ATTEST: PASSED AND APPROVED THIS 15th DAY OF FEBRUARY, 1990. KODIAK ISLAND BOROUGH Pr -= ding Officer Ordinance No. 90 -07 Page 5 of 5