Chapter 7.30
CANDIDATE QUALIFICATIONS

Sections:

7.30.010    Candidate qualifications.

7.30.020    Declaration of candidacy.

7.30.030    Nominations – Notice of vacancies in office.

7.30.040    Conflict of interest statements.

7.30.050    Corrections, amendments and withdrawal of declarations of candidacy.

7.30.060    Review of candidate qualifications.

7.30.070    Prohibitions.

7.30.080    Notice of vacancies.

7.30.010 Candidate qualifications.

Any person is eligible for city office if the person is a qualified voter of the state and a resident of the city for at least one (1) year immediately preceding filing for office. [Ord. 98-16 § 4.]

7.30.020 Declaration of candidacy.

A. A candidate for city council is nominated by executing a declaration of candidacy under oath and filing it with the clerk in accordance with this section.

B. 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 he wishes his name to appear on the ballot;

2. The full residence and mailing address of the candidate;

3. The day and evening telephone numbers of the candidate;

4. The office for which the candidate declares;

5. That the candidate is qualified for the office as provided by law;

6. That the candidate is a resident of the city;

7. That the candidate meets, or shall meet, as required by law, the specific requirements of the office the candidate is seeking;

8. The date and notarized statement signed by the candidate;

9. A certification by the candidate that the information in the declaration of candidacy is true and accurate.

C. Declarations of candidacy shall be provided by the clerk not earlier than seven (7) days prior to the opening of the filing period. Declarations of candidacy shall be submitted in original form and shall not be submitted by facsimile.

D. Filing for city office shall be made by filing a declaration of candidacy with the city clerk from 8:00 a.m., August fifth (5th) through 4:00 p.m, August twentieth (20th). Should August twentieth (20th) be a Saturday or Sunday, then candidates shall have until noon on the first (1st) Monday following to file their declaration.

E. Within four (4) days after the filing of a declaration of candidacy, the clerk shall notify the candidate named in the declaration of candidacy whether or not it is in proper form. If not, the clerk shall immediately return it with a statement certifying wherein the declaration of candidacy is deficient to the candidate. A new declaration of candidacy for the same candidate may be filed within the time for filing declarations of candidacy. [Ord. 98-16 § 4.]

7.30.030 Nominations – Notice of vacancies in office.

At least three (3) calendar days before nominations are open for each regular or special election, the clerk shall post in three (3) public places a notice of offices to be filled at the election and the manner of making nominations. [Ord. 98-16 § 4.]

7.30.040 Conflict of interest statements.

A. Candidates for elective city office and declared write-in candidates shall file an Alaskan Public Offices Commission Conflict of Interest Statement with the clerk as required by the provisions of AS 39.50 at the time of:

1. Filing a declaration of candidacy. The clerk shall place the name of the candidate on the ballot only after the candidate has complied with this requirement.

2. Declaring their candidacy as a write-in candidate.

B. Each candidate for an elective office shall file the name and address of the candidate’s campaign treasurer with the Alaska Public Offices Commission no later than seven (7) days after the date of filing a declaration of candidacy. [Ord. 98-16 § 4.]

7.30.050 Corrections, amendments and withdrawal of declarations of candidacy.

A. Any candidate may withdraw his nomination at any time during the period of filing a declaration of candidacy by written notice to the clerk. After the filing period has closed, no declaration of candidacy may be corrected, amended or withdrawn.

B. If a candidate desires to run for a different office or seat, the candidate shall request a new declaration of candidacy form from the clerk and meet the requirements of BMC 7.20.020. [Ord. 98-16 § 4.]

7.30.060 Review of candidate qualifications.

The clerk shall determine whether each candidate for city office is qualified as provided by law. At any time before the election, the clerk may disqualify any candidate whom the clerk finds is not qualified and immediately notify that candidate by certified mail. A candidate who is disqualified may request a hearing before the clerk within five (5) days of receiving the notice. The hearing shall be held no later than five (5) days after the request unless the candidate agrees in writing to a later date. [Ord. 98-16 § 4.]

7.30.070 Prohibitions.

No elected official of the city may hold any other compensated city office or city employment, or elected position in the state or federal government while in office. [Ord. 98-16 § 4.]

7.30.080 Notice of vacancies.

At least three (3) days before nominations are open for each city election, the clerk shall post in at least three (3) public places in the city a notice of offices to be filled at the election and the procedure for filing a declaration of candidacy for the offices. [Ord. 98-16 § 4.]