2002-11 Amending Election Code - Absentee Voting by MailKODIAK ISLAND BOROUGH
ORDINANCE NO. 2002 -11
Introduced by: Borough Clerk
Requested by: Borough Clerk
Drafted by: Borough Clerk
Introduced: 06/20/2002
Public Hearing: 07/02/2002
Adopted: 07/02/2002
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 7 ELECT IONS SECTION 7.50.010 ELIGIBILITY
SECTION 7.50.020 MATERIALS FOR ABSENTEE VOTING
SECTION 7.50.030 ABSENTEE VOTING -IN PERSON
SECTION 7.50.040 ABSENTEE VOTING - -BY PERSONAL REPRESENTATIVE
AND SECTION 7.50.050 ABSENTEE VOTING - -BY MAIL
WHEREAS, Alaska Statutes Title 15 was amended by eliminating section 15.20.071
Absentee voting by personal representative; and
WHEREAS, Alaska Statutes Title 15 was amended by creating section 15.20.072
Special needs voting; and
WHEREAS, Alaska Statutes provides for the submission of absentee ballot requests
by electronic transmission as an assistance to voters;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a
part of the Kodiak Island Borough Code of Ordinances.
Chapter 7.50
ABSENTEE VOTING
Sections:
7.50.010 Eligibility.
.
7.50.030 Absentee voting - -In person.
7.50.040
7.50.050
7.50.060 Designation of absentee voting officials.
7.50.010 Eligibility. Any
absentee.
Kodiak Island Borough, Alaska
Absentee voting - -By mail.
Special needs voting.
Section 2: Title 7 Elections Chapter 7.50 Absentee Voting section 7.50.010
Eligibility is amended as follows:
person may vote
Ordinance No. 2002 -11
Page 1 of 4
Section 3: Title 7 Elections Chapter 7.50 Absentee Voting section 7.50.020
Materials for absentee voting is hereby repealed.
t1
Section 4: Title 7 Elections Chapter 7.50 Absentee Voting section 7.50.030
Absentee voting--In person is amended as follows:
7.50.030 Absentee voting - -In person.
A. Any person may apply for an absentee ballot in person erg -any
from the clerk or an absentee voting
official fifteen (15) days before an election, up to and including the day before the date
of the election, by completing an absentee in person envelope.
Upon completion
of an absentee in person envelope and exhibition of proof of identification as required
in subsection 7.30.060(C) of this title, the clerk or an absentee voting official shall
issue the ballot and small secrecy envelope to the applicant.
C. On receipt of an absentee ballot in person, the voter shall
mark the ballot in secret, to place the ballot in the small
secrecy envelope, to place the small envelope in the larger absentee in person
envelope, and to sign the voter's certificate on the farger absentee in person envelope
in the presence of the clerk or absentee voting offical who shall sign as attesting
official and date Iris that signature. The clerk or absentee, voting official shall then
accept the ballot.
D. voting official ma cep ` ll has
been exhibited cle ' by an absentee voter with the intent to influ ence marked other voters . If the
absen voter spoils the ballot, the voter may re not another bal up: o a maximum
o three. Exhi bited or or absentee spoiled ballots` shall destroyed The a numbers ba o f all that ballots
destroyed shall be noted on the ballot statem
BE. The clerk or absentee voting official sha ll keep a record of the names and
signatures of voters who cast absentee ballots before -prim and the dates on which the
B.
ballots were cast.
Section 5: Title 7 Elections Chapter 7.50 Absentee Voting section 7.50.040
Absentee voting - -By personal representative, is amended as follows:
7.50.040 . ' - . ' Special needs voting.
A. Any person with a disability who, because of that disabil
is unable to go to a polling place to vote may vote a special needs ballot, or the voter
may, through a personal representative, request a special needs ballot from the clerk
or an absentee voting official fifteen (15) days before an election, up to and including
the day before the date of the election, or from an election precinct voting official on
election day.
Kodiak Island Borough, Alaska
Ordinance No. 2002 -11
Page 2 of 4
. - . f the request for a special
needs ballot is made through a representative, the representative shall sig
provided by an election official. The register must include the following information:
1. the representative's name;
2. the representative's residence and mailing address;
3. h
e representative's social security number, voter number, or date of birth;
4. the name of the voter on whose behalf the representativ e e voter;
b. 13allot;
5. an oath that the representative:
a. is receiving a ballot and voting materials on behalf of the er,
b. will not vote the ballot for the voter;
c
. will not coerce the voter;
d. will not divulge the vote cast by the voter; and
e. has been notified that unlawful interference with voting is punishable
under AS 15.56.030
C. The clerk, absentee voting official, or election precinct voting official 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 jo requested
The The clerk, absentee voting official, or election precinct voting
date and time the absentee ballot is provided and the time the ballot is returned.
D. The representative shall deliver the special needs ballot and other voting
materials to the voter as soon as practicable. The voter shall mark the ballot in secret
place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope
provided. The voter shall provide the information on the envelope that would be
voter's for absentee the absentee voting if the voter voted in person. The voter shall sign the
o
e r,s c erti icate in th presence of the representative. The representative shall sign
as attesting official and date the voter's signature.
E. The representative shall deliver the ballot and voter certificate to the clerk or
absentee voting official not later than 5:00 p.m. m. the day before the election or to an
election precinct voting official not later than p.m. on e day
precludes F. If a voter's disability the voter from performing any of the
requirements of (D) of this section, the representative may perform those
requirements, except making the voting decision, on the voter's behalf.
Kodiak Island Borough, Alaska
Ordinance No. 2002-11
Page 3 of 4
G. A candidate for office, the voter's employer, an agent of the voter's employer,
or an officer or agent of the voter's union may not act as a representative for the
voter.
Section 6: Title 7 Elections Chapter 7.50 Absentee Voting section 7.50.050
Absentee voting—By mail is amended as follows:
7.50.050 Absentee voting - -By mail.
A. Any person may apply for an absentee ballot by mail or by
electronic transmission if postmarked received by the clerk not more than six (6)
months nor less than seven (7) days before an election. The application shall include
the address to which the absentee ballot shall be returned and the applicant's full
Alaska residence address and signature.
B. After receipt of an application by mail, the clerk shall send the absentee ballot
and other absentee voting material to the applicant by
service at least first class mail. The materials shall be sent as soon as they are ready
for distribution. • •
eferL. There shall be a small blank envelope and a return envelope addressed to the
clerk supplied to each absentee by mail' voter. The return envelope shall have printed
upon it an affidavit by which the voter shall declare their qualification to vote, ,followed
by a provision for attestation by an official authorized to administer an oath or two (2)
witnesses over the age of (18).
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SECOND DAY OF JULY, 2002
Judith A. Nie s-n, CMC, Borough Clerk
KODIAK ISLAND BOROUGH
/4)
Gabrielle LeDoux, Borough Mayor
Kodiak Island Borough, Alaska Ordinance No. 2002 -11
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