2009-03-26 Work SessionKodiak Island Borough
Assembly Work Session
Thursday, March 26, 2009, 6:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the "official record" should be made at a regular Assembly meeting.
CODE REVIEW SESSION AT 6:30 P.M.
REGULAR WORK SESSION AT 7:30 P.M.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
AGENDA ITEMS:
1. Auditor's Update
PACKET REVIEW
PUBLIC HEARING
Ordinance FY2009 -01 D Amending Ordinance No. FY2009 -01 Fiscal Year 2009 Budget by
Amending Budgets to Provide for Additional Expenditures and Moving Funds Between Projects.
UNFINISHED BUSINESS - None
NEW BUSINESS
CONTRACTS
Contract No. FY2009 -16 with Dowland Construction, Inc. of Anchorage, AK for the
Construction of the Bayside Fire Station Addition.
RESOLUTIONS
Resolution No. FY2009 -25 Authorizing Fire Protection Area No. 1 to Borrow Funds from the
Facility Fund to Complete the Bayside Fire Hall Addition.
Resolution No. FY2009 -26 Approving the Village of Karluk and its Native Village Council to
Participate in the FY2010 Community Revenue Sharing Program.
*Resolution No. FY2009 -27 Participating in the AML /JIA Loss Control Incentive Program.
ORDINANCES FOR INTRODUCTION - None
OTHER ITEMS
Confirmation of Assembly Appointment to the Board of Equalization.
*Declaring a Seat on the Parks and Recreation Committee Vacant.
*Approval of Revised Planning and Zoning Commission By -Laws.
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
Title 7
ELECTIONS'' 2
Chapters:
7.10
7.20
7.30
7.40
7.50
7.60
7.70
General Provisions
Qualifications of Voters and Candidates
Procedures for Conduct of Elections
Canvassing and Certification of Election Returns
Absentee Voting
Election Pamphlet
Elections by Mail
RED TEXT TAKEN OUT
BLUE TEXT - ADDED/ NEW INFORMATION
YELLOW HIGHLIGHT - ATTORNEY'S
PROPOSAL
'For statutory provisions governing municipal elections, see AS 26.29.26; for provisions
requiring the assembly to prescribe the general rules for the conduct of municipal elections, see
AS 29.26.010.
2 Editor's note: Chapter 2.01 KIBC, adopted by Ord. 86 -22 -0 and amended by Ord. 88 -05 -0 and
Ord. 90 -07, was renumbered and moved to KIBC Title 7 in January 1991 at the direction of the
clerk.
Chapter 7.10
GENERAL PROVISIONS
Sections:
7.10.010
7.10.020
7.10.025
7.10.030
7.10.040
7.10.050
7.10.060
7.10.070
7.10.080
7.10.090
7.10.100
Incorporation of state and federal law.
Severability.
Propositions and questions.
Liquor sales permitted.
Clerk to administer elections.
Time of election.
Notice of elections.
Election expenses.
Election supplies and equipment.
Preservation of election ballots, papers and materials.
Definitions.
7.10.010 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 in this chapter
as if fully set out in this chapter.
7.10.020 Severability.
If any provision of this title 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.
7.10.025 Propositions and Questions.
An ordinance placing propositions and questions before the voters must be adopted not
later than 53 calendar days before a regular election, or 60 calendar days before a special
election.
7.10.030 Liquor sales permitted.
The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held.
7.10.040 Administration of elections.
A. In this title, the assembly has prescribed the general rules for the conduct of borough
elections.
B. The clerk, in accordance with the provisions of this title, shall administer all borough
elections. The clerk ensures that the borough complies with the U.S. Voting Rights Act to make
sure that minority- speaking residents are able to exercise their right to vote. Preclearance shall
be obtained from the Department of Justice prior to holding a special election, as required by
the Federal Voting Rights Act.
7.10.050 Time of election.
A. Regular elections shall be held on the 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.
D. Initiative and referendum elections. The provisions in AS 29.26.170 shall apply for
initiative elections and AS 29.26.180 for referendum elections.
7.10.060 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 30 days prior to the election. For special elections, the
first such publication is to be accomplished at least 20 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 instructions for registration; and
7. Instruction for absentee voting; and
8. Location of precinct polling places.
C. At least one day before the election, the clerk shall cause to be posted at h- pslting
place where the election is to be held, publish in a newspaper of general circulation and post in
at least three public places in the borough specimen sample ballots with instructions to voters.
Specimen Sample ballots shall be substantially similar to the official ballots and shall be marked
"sample ballot" in place of the words "official ballot."
D. Before a general obligation bond issue election, the clerk shall publish notice of the
borough's total existing bonded indebtedness at least once a week for three consecutive weeks.
The first notice shall be published at least 20 calendar days before the date of the election. The
notice shall state:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds of the borough;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation of property in the borough.
7.10.070 Election 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.
7.10.080 Election supplies and equipment.
A. - . - • - .. • . . • - .. - - The clerk shall furnish to the election board of each
precinct the state voter registration list for that a precinct register and shall equip and supply
each polling place with sufficient materials for that precinct's election, including those materials
required by this section.
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
instructions • . : : : • . _ .. _ _ _ . -•: 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 the
voter's 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.
7.10.090 Preservation of election ballots, papers, and materials.
The clerk shall preserve all precinct election certificates, tallies, precinct registers, receipts
for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention
schedule resolution. 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.
7.10.100 Definitions.
In this chapter, unless the context requires otherwise:
"Clerk" means the borough clerk or any properly authorized assistant or designee;
"Days" includes weekends and holidays;
"Election" includes any regular or special election of the borough;
"Election officials - means the clerk or h+s the clerk's designee, election judges, election
clerks, receiving /counting team, and canvassing boards;
"Election supervisor" means the clerk;
"Oath" includes affirmation;
"Precinct" means the territory established by the state;
"Proposition" includes question;
"Publication" means a newspaper of general circulation or posting in public places;
"Qualified voter" means any voter who:
1. Is a citizen of the United States;
2. .. - _ - - • . - . _ is 18 years of age or older;
3. Has been a resident of the state and of the borough for at least 30 days just before
the election;
4. Has registered at least 30 days before the election as required by AS 15.07 and is not
registered to vote in another jurisdiction; and
5. Is not disqualified under Article V of the State Constitution;
"Regular election" means a general election to fill assembly offices as required by KIBC
7.10.050(B);
"Special election" means any election held at a time other than when a regular election is
held;
"Swear" includes affirm; and
"Voter" means arty person who presents hcrtoneself for the purpose of voting, either in
person or by absentee ballot.
Chapter 7.20
QUALIFICATIONS OF VOTERS AND CANDIDATES
Sections:
7.20.010
7.20.015
7.20.020
7.20.030
7.20.035
7.20.040
Qualifications of voters.
Rules for determining residence of a voter.
Candidate qualifications.
Declaration of candidacy by- petitie+».
Public official financial disclosure statements.
Corrections, amendments and withdrawal of nominating petitions.
7.20.010 Qualifications of voters.
A. A person is qualified to vote in borough -wide elections who:
1. Is a citizen of the United States;
2 - _ e _ _ • Is 18 years of age or older;
3. Has been a resident of the state and of the borough and the precinct in which the
person seeks to vote for at least 30 days preceding the election;
4. Is registered to vote in state elections at a residence address within a municipality at
least 30 days before the election at which the person seeks to vote;
54. Has registered at I ast 30 days before the election as required under AS 15.07 with
the state and is not registered to vote in another jurisdiction; and
65. Is not disqualified under Art. V of the State Constitution.
B. A person is qualified to vote in a service area election if the person meets the above
requirements of subsection A of this section and has been a resident of the service area in
which the person seeks to vote for at least 30 days immediately preceding the election.
C. 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.
7.20.015 Rules for determining residence of voter.
For the purpose of determining residence for voting, the place of residence is governed by
the following rules:
A. The residence of a person is that place in which habitation is fixed and to which,
whenever the person is absent, the person has intention to return. If a person resides in one
place but does business in another, the former is the person's place of residence. There can
only be one residence.
B. A person does not gain or lose residence solely by reason of the person's presence while
employed in the service of the United States or of this state, or while a student of an institution
of learning, while in an institution or asylum at public expense, or while confined in a public
prison or while residing upon an Indian or military reservation.
C. No member of the armed forces of the United States, the person's spouse or dependent
is a resident of this state solely by reason of being stationed in the state.
D. A person does not lose residence if the person leaves home and goes to another country,
state, or place in this state for temporary purposes only and with the intent of returning.
E. A person does not gain a residence in a place to which the person's comes without a
present intent to establish a permanent dwelling there.
F. A person loses residence in this state if the person votes in another state's election, either
in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying
under AS 15.05.010 and this chapter.
G. The term of residence is computed by including the day on which the person's residence
commences and by excluding the day of the election.
7.20.020 Candidate qualifications.
A. Candidates for mayor, assembly, and school board must be qualified voters of the
borough and residents of the borough for one year at the time of filing.
B. A person may not serve simultaneously as mayor and as a member of the assembly, as
mayor and a member of the school board, or as a member of the assembly and member of the
school board.
C. No elected official of the borough may hold any other compensated borough office or
borough employment, or elected position in the state or federal government while in office.
D. No person shall be a candidate for more than one assembly seat at any election.
BE. Candidates for service area boards must be qualified voters of the borough and
residents of the service area for at least 30 days immediately preceding filing for office.
F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the
election, to be recognized as a candidate for any election.
G. Write -in candidates for mayor, assembly, and school board shall file a public official
financial disclosure statement with the clerk as required by the provisions of AS 39.50.
7.20.030 Declaration of candidacy-by-petition.
A. At least 65 75 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 •• - • • - e • - - . - • the procedure for filing a declaration of candidacy.
B.
Packets containing declarations of
candidacy shall be available from the clerk's office no later than the day the filing period opens.
Declarations of candidacy shall be submitted in original form and shall not be submitted
electronically.
C. A declaration of candidacy shall be in a form provided by the clerk and shall state the
following:
1. The full name of the candidate, and the manner in which the candidate wishes the
candidate's name to appear on the ballot;
2. The full residence and mailing addresses of the candidate;
3. The office for which the candidate declares;
4. That the candidate is qualified for the office as provided by law;
5. The date and notarized statement of the candidate;
6. The candidate shall certify information contained in the declaration of candidacy is true
and accurate;
7. Any other information that the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
8. The declaration of candidacy must be signed by 10 qualified voters of the borough.
D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk
from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday,
candidates shall have until 4:30 p.m. on the first Monday following to file their declaration.
E. C. Nominating petitions shall be provided by thc clerk not arlicr than 65 days prior to the
qualifications to fill the office for which he is filing. Within four business days after filing a
declaration of candidacy, the clerk shall notify the candidate as to whether it is in proper form. If
not, the clerk shall immediately return the declaration of candidacy to the candidate with a
statement certifying how the nominating petition is deficient.
7.20.035 Public official financial disclosure statements.
A. Candidates for elective borough office and declared write -in candidates shall file a public
official financial disclosure statement with the clerk as required by the provisions of AS 39.50 at
the time of filing a declaration of candidacy. The name of the candidate shall be placed on the
ballot by the clerk only after the candidate has complied with this requirement. This subsection
does not apply to candidates for service area boards.
7.20.040 Corrections, amendments and withdrawal of nominating petitions.
A. Any candidate may correct, amend, or withdraw the candidate's nomination declaration of
candidacy 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 declaration of candidacy may
be corrected, amended, or withdrawn.
B.
•• • •
desires to file for a different s at, he shall request that thc prior petition be withdrawn and obtain
a new form from the clerk. If a person chooses to run for a different seat, a declaration of
candidacy for that seat shall be filed with the clerk's office. A declaration of candidacy for a
particular seat may not be substituted for another office or seat.
Chapter 7.30
PROCEDURES FOR CONDUCT OF ELECTIONS
Sections:
7.30.010
7.30.020
7.30.030
7.30.040
7.30.050
7.30.060
7.30.070
7.30.080
7.30.090
7.30.100
7.30.110
7.30.120
7.30.130
Election officials.
Precincts and polling places.
Ballots — Form.
Ballots — Distribution.
Voting devices and machines.
Voting procedures at the polls.
Questioned votes ing procedures.
Disposition of questioned votes.
Unused ballots.
Counting - ballets Official closing of polls.
Completion -of General procedure for ballot count.
Rules for determiningk counting ballots.
Tally of votes.
7.30.010 Election officials.
A. The assembly shall appoint at least three judges election officials in each precinct to
constitute the election board of that precinct. The borough clerk is the election supervisor. One
judge election official shall be designated as chair and shall be ordinarily responsible for
administering the election in that precinct. The borough clerk may appoint up- to -three additional
election clerks officials at any polling place where they are needed to conduct an orderly
election and to relieve the election judges other election officials 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 borough 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 appointed.
D. All election judges and clerks officials, 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 borough clerk.
E.
• - - _ _ .. ... Candidates shall not serve as election officials. Certain
familial relationships may not exist between a candidate and a precinct election official, member
of a ballot receiving /counting team or canvass board in regular or special elections. Those
familial relationships are:
1. Mother, mother -in -law, stepmother;
2. Father, father -in -law, stepfather;
3. Sister, sister -in -law, stepsister;
4. Brother, brother -in -law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
F. If the clerk knows or learns that any of these relationships exist, the precinct election
official shall be notified and replaced.
7.30.020 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 borough 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 20 days before each regular and special election, the borough 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.
7.30.030 Ballots — Form.
The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the
voting procedure, to reflect most accurately the intent of the voter, and to expedite the
administration of elections. The following directives shall be followed when applicable:
A. The clerk shall determine the size of the ballot, the type of print, necessary additional
instructions to voters, and other similar matters of form not provided by law.
B. The clerk may contract for the preparation of ballots, instructions to voters, and other
similar matters of form not provided by law without obtaining competitive bids.
C. 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
to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set
off by perforations for ease of removal.
D. 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 -ins 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 with the position of names of the
candidates set out in the same order in each section on each ballot used as prescribed in
Alaska Statutes for state elections. However, the order of placement of the names of the
candidates for each office shall be randomly determined by the clerk for ballots printed for use.
E. 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.
F. Each ballot shall bear the words "Official Ballot" and the date of the election.
G. The clerk shall have printed and available at each polling place, on election day and in
the clerk's office preceding the election, sample ballots for each election.
7.30.040 Ballots — Distribution.
A. The clerk shall have possession of the ballots at least 15 days before each regular
election. At that time, the ballots may be inspected by any candidate whose name is on the
ballot, or his the candidate's 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.
7.30.050 Voting devices and machines.
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
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
arc used.
7.30.060 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.
in the space provided of the name of persons
A record shall be kept in the registration list
The election official shall keep a precinct register in which each voter, before receiving a
ballot shall sign. By signing the register, the voter declares that the voter is qualified to vote. If a
voter signs the precinct register and then leaves the polling place without voting or votes a
questioned ballot, the election official shall cross the voter's name off the precinct register and
make a note next to the name that the voter did not vote. If a voter's polling place is in question,
a voter shall be allowed to vote - • _ . • - _ _ _ . _ _ _ • - _ . _ a questioned
ballot.
C. Before being allowed to vote, each voter shall exhibit to an election fudge official one
form of identification listed on the "Have ID" poster from the state., including but not limited to an
official voter registration card, driver's license, birth certificate, passport, or hunting or fishing
license. An election judge official may waive the identification requirement if he the official
knows the identity of the voter, except when "Must Show ID" is printed in the signature block
above the voter's name. The ID requirement for this voter may not be waived. 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 official shall give him the voter 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 officials have completed their post election duties.
E.
A . . .
election Judge official is requested, he shall mist the voter. If any other person is requested,
the person shall state upon oath before the election judge official that he will not divulge the vote
A qualified voter who
cannot read and mark the ballot, or sign the register, may request an election official, a person,
or not more than two persons, chosen by the voter, to provide assistance. Upon the voter's
request, the election official shall provide the assistance. If any other person is requested, that
person shall state upon oath before the election official that the person shall not divulge the vote
cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated
person should receive assistance in marking that voter's ballot.
F. If a voter improperly marks or otherwise damages a ballot, he the voter 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 spoiled ballot after having recorded
it in the spoiled ballot accountability statement s number and shall issue a new ballot to the
voter. A voter may request replacement of a damaged ballot no more than three times. The
destroyed ballot should be kept and stored in the spoiled ballots envelope. A voter may only be
issued up to two replacement ballots. No voter should receive more than three ballots.
G. Fifteen minutes before closing the polls, the time remaining before such closure shall be
7.30.070 Questioned votesing- proceduces.
A. Every election fudge official shall question, and any person qualified to
voter may question in the precinct, or qualified to vote in the particular election involving Icss
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
under KIBC 7.20.010. All questions regarding a person's qualifications to vote shall be made in
writing setting out the reason the person has been for the questioned. A questioned person.
before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe to an
oath and sign the affidavit on the form.
each particular case, the person meets all the qualifications of a voter, that is not disqualified,
and that 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, be the voter shall be allowed to vote, and any
questioned shall by complete filling out a
questioned ballot oath and affidavit envelope. [Ord. 86 -22 -0 §2,
1986].
7.30.080 Disposition of questioned votes.
A voter who casts a questioned ballot shall vote his the ballot in the same manner as
prescribed for other voters. After the election judge official removes the numbered stub from the
ballot, the voter shall insert the ballot into a small blank gray envelope, seal it, and put the gray
envelopein - • - _ . _ • _ • - - •• • - - _ . _ .. _ the
questioned ballot oath and affidavit envelope. These larger questioned ballot oath and affidavit
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 borough clerk for delivery to the canvass board. The election canvass board
shall review and judge the applicability of all questioned ballots.
7.30.090 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 borough clerk before the ballot box is opened returned to the
clerk. The numbers of ballots damaged spoiled by voters and replaced by election officials shall
also be recorded. The record of ballots not issued and ballots damaged spoiled and replaced
shall be preserved as set by the records retention schedule resolution.
7.30.100 Counting - ballets Official closing of polls.
entitled to vote; the number of ballots cast shall agree with the number of signatures on the
C. If computer counted ballots are used, the election officials s _
manner. After the preliminary inspection is complete, all the ballots shall be placed in the
container provided and a c al affixed. The sealed container shall be delivered to the counting
personally to deliver the ballots of their precinct to the
police.
D. If paper ballots aro used, the election board shall tally the votes cast in the manner
E. Ballots may not be counted before 8 p.m., local time, on the day of the election:
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.
Failure to make the announcement at 15 minutes before closing time shall not in any way
invalidate the election or extend the time for closing of the polls. [Ord. 86 -22 -0 §2, 1986].
7.30.110 Completion of General procedure for ballot count.
number of votes cast for ach candidate, for and against each proposition, yes or no on ach
shall, immediately upon completion of the certificate or as soon therotiaftcr as the local mail
service permits, send in one s aled package to the borough clerk one copy of the certificate and
outside, shall clearly indicate the precinct from which they come. In those areas of tho borough
shall proscribe the manner in which the ballots, registers, and all other election records and
materials are thergafter preserved, transferr
/, The clerk shall prescribe the manner in which the precinct ballot count is accomplished
so as to ensure accuracy in the count and to expedite the process. The election officials shall
account for all ballots by completing a ballot accountability statement containing (1) the number
of official ballots received; (2) the number of official ballots voted; (3) the number of official
ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for
destruction to the clerk. The election officials shall count the number of questioned ballots and
compare that number to the number of questioned voters in the register. Discrepancies shall be
noted and explained to the best of the election official's ability in writing for delivery to the
borough clerk. The election board, in hand -count precincts, shall count the ballots in a manner
that allows watchers to see the ballots when opened and read.
after it has been taken from the ballot box and before it is placed in the envelope for mailing
s.
B. Ballots may not be counted before 8:00 p.m., local time, on the day of the election. [Ord.
86 -22 -0 §2, 1986].
7.30.120 Rules for counting ballots.
1. A failure to properly mark a ballot as to one or more candidates does not in itself
of the provided ballot marking machine or, if paper ballots arc used, a cross mark, "X" mark,
pen and ink. The marks will be counted only if they arc substantially inside the squares oval
provided, or touching the squares ovals so as to indicate clearly that the voter intended the
/1. If a votor marks more namoc than thoro aro parsons to bc elected to thc office, the
5. Improper marks on the ballot will not bc counted and will not invalidate marks for
6. Any erasure or correction invalidates only that section of the ballot on which it
appears.
printed on thc ballot unloss the printed name is for the same office and has alto been marked or
unless the election board determines, on the basis of other evidence, that the ballot was so
marked as to bc for thc purpose
in the space provided and, in addition, mark the square oval opposite thc candidate's name in
accordance with subsection (A)(2) of this section.
B. The rules set out in this section arc mandatory and there shall bc no exceptions to them.
A. The election board shall count ballots according to the following rules:
1. A voter may mark a ballot only by filling in, making "X" marks, diagonal, horizontal, or
vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly
spaced in the oval opposite the name of the candidate, proposition, or question that the voter
desires to designate.
2. A failure to properly mark a ballot as to one or more candidates does not itself
invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a vote
shall be counted for each candidate properly marked.
4. If a voter marks more names than there are persons to be elected to the office, the
votes for candidates for that office may not be counted.
5. The mark specified in (1) of this subsection shall be counted only if it is substantially
inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the
particular oval to be designated.
6. Improper marks on the ballot may not be counted and do not invalidate marks for
candidates properly made.
7. An erasure or correction invalidates only that section of the ballot in which it appears.
8. Write -in votes are not invalidated by writing in the name of a candidate whose name is
printed on the ballot unless the election board determines, on the basis of other evidence, that
the ballot was so marked for the purpose of identifying the ballot.
9. In order to vote for a write -in candidate, the voter must write in the candidate's name
in the space provided and fill in the oval opposite the candidate's name in accordance with (1) of
this subsection.
10. 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. [Ord. 86 -22 -0 §2,
1986].
7.30.130 Tally of votes.
the rules for determining marks on ballots prescribed in KIBC 7.30.120. The election board shall
-
of the polls or have a marking device in hand.
B. Tally of Votes by- Gemputer
1. Election judges and clerks serving at the counting center shall be appointed in the
appointed for this service.
that it has not been broken. If there is a discrepancy, it shall be brought to the borough clerk's
attention at this time.
3. After certification that the s al on the ballot container was intact upon receipt, a
processed by the computer due to physical damage shall be stamped "DEFECTIVE" and shall
. Three election officials, as a board, shall prepare facsimiles of all defective ballots,
recording ballot numbers in the manner prescribed by the borough clerk in order to permit
valid, nondefective ballots of the precinct to be delivered to the computer area for tally of votes.
to the borough clerk to be preserved as set by the records retention schedule resolution.
6. Computer tally of votes cast shall be directed by the borough clerk and shall be
has been completed, the voted ballots shall be soled into containers and delivered to the
borough clerk to be preserved as set by the records retention schedule resolution. Ballot
containers may not be opened unless the borough clerk is ordered to do so by the assembly or
by the court.
office exceeds the smallest number of votes cast for any candidate whose name is printed on
tho rr�. ballot.
A. Before each election, the assembly shall appoint at least three qualified voters, who shall
constitute the receiving /counting team.
B. The receiving /counting team shall receive all ballots, election materials, supplies, etc.
from the precinct election officials on election night.
C. If time allows, the receiving /counting team shall start the tallying of the write -in votes
according to the rules for determining marks on ballot prescribed in KIBC 7.30.120. 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.
D. The clerk shall issue instruction and shall provide forms and supplies for the tally of the
write -in votes. [Ord. 95 -01 §2, 1995; Ord. 86 -22 -0 §2, 1986].
Chapter 7.40
CANVASSING AND CERTIFICATION OF ELECTION RETURNS
Sections:
7.40.010
7.40.020
7.40.025
Canvass of returns.
Certification of the election.
Simple majority — Votes required for election to office.
7.40.030 Election recounts.
7.40.040 Contest of election.
7.40.010 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 those present, the election canvass board shall judge the
applicability of absentee, questioned, and special needs, 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. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot
shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter
fails to enclose his the marked ballot inside the small gray envelope provided. The clerk or a
member of the election canvass board may question the qualifications of an absentee voter
when read from the voter's certificate on the back of the large envelope, if he has there is a
good reason to suspect that the 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 notify the voter why the
ballot was refused by the canvass board why 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
quostion. 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 gray envelope shall be placed in a container and
mixed with the other blank absentee ballot envelopes small gray envelopes., or in the case of
The mixed smaller
blank gray 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, special needs, 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 in writing, by telephone, telegram, or radio,
the canvassing board shall count the election results received. If the 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 p.m. in the afternoon on the Tuesday following the
election. If the certificate is not received by the clerk by 4 p.m., Tuesday, then the certificate
shall not be counted nor included in the final certification of the canvassing board. [Ord. 2005 -02
§2, 2004; Ord. 86 -22 -0 §2, 1986].
7.40.020 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 of 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
precincts, 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 a candidate 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. [Ord. 86 -22 -0 §2, 1986].
7.40.025 Simple majority — Votes required for election to office.
All borough offices shall be filled by the candidate(s) receiving the greatest number of votes.
[Ord. 2002 -12 §3, 2002].
7.40.030 Election recounts.
A. A defeated candidate, or 10 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 5 p.m. on the Monday following
the election or 24 hours after completion of the canvass board, whichever is later. The applicant
shall include a deposit in cash or certified check for $100.00. The deposit shall be applied
against any costs incurred pursuant to subsection E of this section 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 question for which the recount is to be held, and that the person
making the application is a candidate or that the 10 persons making the application are qualified
voters. The application for a recount shall bear the notarized signature of the candidate or the
10 qualified voters seeking the recount. The date on which the clerk receives an application,
rather than the date of mailing or transmission, determines whether the application is filed with
the time allowed under this subsection.
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 10 days after the assembly has declared the
election results. If no such action is commenced within the 10 -day period, the election and the
election results shall be conclusive, final, and valid in all respects. [Ord. 86 -22 -0 §2, 1986].
7.40.040 Contest of election.
A defeated candidate or any 10 qualified voters who contested an election may bring an
action in the superior court within 10 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 AS 15.20.560 for state elections. If no such action is commenced within
the 10 -day period, the election and the election results shall be conclusive, final and valid in all
respects. [Ord. 86 -22 -0 §2, 1986].
Chapter 7.50
ABSENTEE VOTING
Sections:
7.50.010 Eligibility.
7.50.020 Repealed.
7.50.030 Absentee voting — In person.
7.50.040 Special needs voting.
7.50.050 Absentee voting — By mail.
7.50.060 Designation of absentee voting officials.
7.50.010 Eligibility.
Any person may vote absentee. [Ord. 2002 -11 §2, 2002; Ord. 86 -22 -0 §2, 1986].
7.50.020 Materials for absentee voting.
Repealed by Ord. 2002 -11. [Ord. 86 -22 -0 §2, 1986].
7.50.030 Absentee voting — In person.
A. Any person may apply for an absentee ballot in person from the clerk or an absentee
voting official 15 days before an election, up to and including the day before the date of the
election, during regular office hours, by completing an absentee in person envelope.
B. Upon completion of an absentee in person envelope and exhibition of proof of
identification as required in KIBC 7.30.060(C), the clerk or an absentee voting official shall issue
the ballot and small secrecy - envelope gray envelope to the applicant. The ballot must be voted
at the polling place and no ballot may be removed from the polling place.
C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place
the ballot in the small secrecy envelope gray envelope, place the small eaveIape gray envelope
in the absentee in person envelope, and sign the voter's certificate on the absentee in person
envelope in the presence of the clerk or absentee voting official who shall sign as attesting
official and date that signature. The clerk or absentee voting official shall then accept the ballot.
D. The clerk or absentee voting official may not accept a marked ballot that has been
exhibited by an absentee voter with the intent to influence other voters. If the absentee voter
spoils the ballot, the voter may receive up to two replacement ballots. for another ballet 14p -te-a
maximum of three. No voter should receive more than three ballots. Exhibited or spoiled ballots
shall be destroyed. The numbers of all ballots destroyed shall be noted on the spoiled ballot
accountability statement and stored in the spoiled ballots envelope.
E. The clerk or absentee voting official shall keep a record of the names and signatures of
voters who cast absentee ballots and the dates on which the ballots were cast. [Ord. 2002 -11
§4, 2002; Ord. 86 -22 -0 §2, 1986].
7.50.040 Special needs voting.
A. Any person with a disability who, because of that disability, is unable to go to a polling
place to vote may vote a special needs ballot, or the voter may, through a representative,
request a special needs ballot from the clerk or an absentee voting official 15 days before an
election, up to and including the day before the date of the election during regular office hours,
or from an election precinct voting official on election day.
B. If the request for a special needs ballot is made through a representative, the
representative shall sign a special needs register 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. The representative's social security number, voter number, or date of birth;
4. The name of the voter on whose behalf the representative is requesting a ballot;
5. An oath that the representative:
a. Is receiving a ballot and voting materials on behalf of the voter;
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 or AS 15.56.035.
C. The clerk, absentee voting official, or election precinct voting official shall keep a record
of the name and signature of each representative requesting an absentee ballot and the name
of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or
election precinct voting official shall record the 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 small gray envelope, and place the secrecy sleeve small gray envelope in the
special needs envelope provided. The voter shall provide the information on the envelope that
would be required for absentee voting if the voter voted in person. The voter shall sign the
voter's certificate in the 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 tho clerk or abcenteo
an
election official not later than 8 p.m. on election day.
F. If a voter's disability precludes the voter from performing any of the requirements of
subsection D of this section, the representative may perform those requirements, except making
the voting decision, on the voter's behalf.
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. [Ord. 2002 -11
§5, 2002; Ord. 90 -07 § §2, 4, 1990; Ord. 86 -22 -0 §2, 1986].
7.50.050 Absentee voting — By mail.
A. Any person may apply for an absentee ballot by mail or by electronic transmission if
received by the clerk not more than six months nor less than seven days before an election. The
application shall include the address te- -which where the absentee ballot shall be returned
mailed and the applicant's full Alaska local 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 at least first class mail. The materials shall be sent
as soon as they are ready for distribution. There shall be a small blank gray 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 witnesses over the age of 18.
C. 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 over the age of 18 years, may
proceed to mark the ballot in secret, place the ballot in the small gray envelope, place the small
gray envelope in the larger return envelope, and sign the voter's certificate on the back of the
larger return envelope in the presence of the witness(es) who shall sign as attesting official(s)
and shall date his the voter's signature.
D. 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 the voter 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 Tuesday following the
election by 5 p.m. one week, seven calendar days, to the close of bucine's following the
election: Ballot envelopes received after that time shall not be opened but shall be marked
"invalid rejected," with the date of receipt noted thereon, and shall be preserved as set by the
records retention schedule resolution. [Ord. 2002 -11 §6, 2002; Ord. 95 -01 §2, 1995; Ord. 93 -60
§2, 1993; Ord. 90 -07 §3, 1990; Ord. 88 -05 -0 §3, 1988; Ord. 86 -22 -0 §2, 1986].
7.50.060 Designation of absentee voting officials.
The clerk may appoint a registered voter, 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 absentee voting official. who shall serve as absentee voting stations.
[Ord. 86 -22 -0 §2, 1986].
Chapter 7.60
ELECTION PAMPHLET
Sections:
7.60.010
Election pamphlet.
7.60.010 Election pamphlet.
A. Before each regular and special election, the bereugh clerk shall prepare, publish, and
mail an election pamphlet to every registered voter household within the borough.
B. Each election pamphlet shall contain:
1. A map of the election precincts;
2. Sample ballots;
3. An absentee ballot application;
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 the clerk; and
c. A summary of statements submitted by proponents and opponents of each
proposition. If only one statement is received, it will not be published.
5. For each bond question, a statement of the scope of each project; and
6. Additional information on voting procedures that the clerk considers necessary.
C. There is no charge for statements advocating approval or rejection of a proposition
submitted to the voters for approval.
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 clerk on the form of
the material is final.
E. Not less than 20 14 days before the election, the clerk shall mail to every registered voter
household one copy of the pamphlet. Additional pamphlets may be obtained from the borough
offices.
F. A candidate's information and statement submitted under this section may not exceed
350 words. An article such as "a," "an," and "the" will be counted as a word.
G. The clerk will add a disclaimer in the pamphlet noting the text is presented as submitted
by the candidate or proposition sponsor(s.) The clerk will add a disclaimer noting the information
is the opinion of the author(s) and has been reproduced as submitted, without any changes to
grammar, spelling, or punctuation.
Chapter 7.70
ELECTIONS BY MAIL
Sections:
7.70.010
7.70.020
7.70.030
7.70.040
7.70.050
7.70.060
7.70.070
7.70.080
Conduct of election by mail.
Election date.
Election judge officials.
Notification to voters.
Notice of election.
Voter instructions.
Casting ballots.
Storing ballots.
7.70.010 Conduct of election 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 subsection A of this section by mail, the clerk shall
send a ballot for each election described in subsection 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 clerk
shall send ballots by first class, nonforwardable mail.
C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall
mail ballots under this section on or before the twenty- second 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 gray 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 the voter's qualification to vote, followed by provision for attestation by two attesting
witnesses, who are at least 18 years of age. [Ord. 90 -07 §5, 1990].
7.70.020 Election date.
When the clerk determines that an election will be conducted by mail under KIBC 7.70.010,
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 clerk as the deadline by which a
voter's ballot must be voted, witnessed, mailed, and, if postmarked, date - stamped by the post
office. [Ord. 90 -07 §5, 1990].
7.70.030 Election fudges officials.
In each election conducted by mail, the assembly shall appoint an election board composed
of at least three judges election officials for each precinct in which the election is to be held. In
the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port
Lions, at least one election fudge official 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 official 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 officials. All election judges officials, 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
official shall be as follows:
A. Provide absentee voting in person and special needs voting on any date the election
judges officials are available, including the day of the election, following the procedures in KIBC
7.50.030 and
officials are available, including the day of the el-_ 'e• e _ • _ KIBC
7.50.040. and Voters have until the day of the election to return ballots.
B. Sign a voter's by -mail oath and affidavit envelope as an authorized attesting official,
except that the judge election official may not attest his or her the official's own ballot.
C. 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.
D. Provide general voter assistance including, but not limited to, assistance to a qualified
voter who cannot read, mark the ballot, or sign his name the register, and providing replacement
ballots to voters who have improperly marked or damaged their ballots.
E. Date -stamp all ballots received by the election judges officials at their stations.
F. Provide for the security and safekeeping of all ballots received by the election judges
officials at their stations and present those ballots to the clerk for canvassing.
G. The election judges officials 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.
H. Any other duties assigned by the clerk. [Ord. 90 -07 §5, 1990].
7.70.040 Notification to voters.
In addition to the public notice required by KIBC 7.10.060, 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:
A. The date of the election.
B. 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.
C. Designation of the offices to which candidates are to be nominated or elected and a
statement of the subject of the propositions and questions that are to appear on the ballot.
D. Designation of the date on which ballots are expected to be mailed to the voters.
E. Designation of the dates upon which a voter who may not have received a ballot can
present himself to the appear before a by -mail official and vote in person as specified in KIBC
7.70.030.
F. A listing of appointed by -mail officials and their hours and locations, and the services they
can provide.
G. 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
KIBC 7.70.030 in order to qualify for inclusion in the election tabulation.
H. Brief general instructions on how the ballots must be voted and how the oath and affidavit
envelope must be completed. [Ord. 90 -07 §5, 1990].
7.70.050 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 KIBC 7.70.040. [Ord. 90 -07 §5, 1990].
7.70.060 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. [Ord. 90 -07 §5, 1990].
7.70.070 Casting ballots.
A. Upon receipt of a mail -in ballot, the voter shall cast ills -the ballot in the manner specified
in KIBC 7.50.050(C) and (D). 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 —the ballot in person as
specified in KIBC 7.70.030.
C. A voter may return the mail -in ballot to a by -mail official as provided in KIBC 7.70.030.
[Ord. 90 -07 §5, 1990].
7.70.080 Storing 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. [Ord. 90 -07 §5,
1990].
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