Chapter 5.12
CANDIDATE QUALIFICATIONS

Sections:

5.12.010    Qualifications.

5.12.020    Declaration of candidacy.

5.12.030    Public financial disclosure statements.

5.12.040    Correction, amendments and withdrawal of declarations of candidacy.

5.12.050    Review of candidate qualifications.

5.12.060    Prohibitions.

5.12.070    Terms of office.

5.12.080    Notice of vacancies.

5.12.010 Qualifications.

A. Candidates for borough mayor, borough assembly or the Interior Alaska Natural Gas Utility Board (IGU) at-large seats must be qualified voters of the state of Alaska at a residence within the borough.

B. Candidates for school board must be a qualified voter of the state of Alaska and a municipal voter in the school district.

C. All candidates except for the school board must have resided within the borough for a period of one year preceding filing for office.

D. Elections for these positions are conducted at large by all the qualified voters of the borough.

E. A person shall not occupy or be a candidate for more than one elective seat at a time. (Ord. 2014-30 § 4, 2014; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.180.)

5.12.020 Declaration of candidacy.

A. A candidate for municipal office is nominated by executing a declaration of candidacy under oath and a properly and fully completed public financial disclosure statement that complies with the requirements of state law.

B. A declaration of candidacy shall be in a form provided by the borough 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 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 borough clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law.

C. Declarations of candidacy shall be provided by the borough clerk.

D. Filing for elective offices of mayor, assembly, school board, or Interior Alaska Natural Gas Utility Board (IGU) shall be made by filing a declaration of candidacy with the borough clerk from July 15th through July 29th, 4:30 p.m. Should July 29th be a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their declaration. A candidate shall pay a $25.00 nonrefundable filing fee to have the declaration of candidacy filed.

E. Declarations of candidacy may be filed with the borough clerk by electronic transmission. If filed electronically, the forms must be electronically received by 4:30 p.m. on July 29th and the original signed and notarized statement, a properly and fully completed public financial disclosure statement that complies with the requirements of state law, and filing fee must be postmarked on or before July 29th and received or hand delivered to the borough clerk by the Tuesday following the filing period deadline. If the original is not postmarked and received by or hand delivered to the borough clerk on the Tuesday following the filing period, the candidate’s name shall not appear on the ballot. (Ord. 2016-06 § 2, 2016; Ord. 2015-57 § 2, 2015; Ord. 2014-30 § 5, 2014; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.190.)

5.12.030 Public financial disclosure statements.

A. Candidates for elective borough office and declared write-in candidates shall file a public financial disclosure statement with the borough 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 borough clerk only after the candidate has complied with this requirement.

B. Each candidate also shall file a municipal exemption statement or candidate registration with the Alaska Public Offices Commission no later than seven days after the date of filing for office. The name of the candidate shall be placed on the ballot by the borough clerk only after the candidate has complied with this requirement. (Ord. 2016-40 § 30, 2016; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.200.)

5.12.040 Correction, amendments and withdrawal of declarations of candidacy.

A. A candidate desiring to withdraw the candidate’s declaration of candidacy may do so by filing a written request for withdrawal with the borough clerk no later than 5:00 p.m. on the last day to file for office.

B. A declaration of candidacy presented shall not be changed as to term of office. If a candidate desires to file for a different seat, he shall withdraw in accordance with subsection (A) of this section, request a new form from the borough clerk and file in accordance with FNSBC 5.12.020.

C. A $25.00 nonrefundable filing fee will be required to change seats by a candidate. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.210.)

5.12.050 Review of candidate qualifications.

The borough clerk shall determine whether each candidate for borough office is qualified as provided by law. At any time before the election the borough clerk may disqualify any candidate whom the clerk finds is not qualified and immediately notify that candidate by certified mail. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.220.)

5.12.060 Prohibitions.

A. 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.

B. 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.

C. No person shall be a candidate for more than one assembly seat at any election. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.230.)

5.12.070 Terms of office.

A. The term of office for the borough mayor and assemblyperson is three years or until a successor is elected and qualified. Service is to begin on the first Monday following certification of the election.

B. The term of office for the Interior Alaska Natural Gas Utility (IGU) board member is three years or until a successor is elected and qualified. Service is to begin on January 1st following certification of the election.

C. A person who has served two full successive terms as mayor, assemblyperson or as an IGU at-large board member may not be reelected to that elective office or body until one full year has intervened. (Ord. 2014-30 § 6, 2014; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.240.)

5.12.080 Notice of vacancies.

A. The borough clerk shall publish in one or more papers of general circulation in the borough a notice of offices to be filled at the election and the procedure for filing a declaration of candidacy for the offices.

B. Notice shall be published the first and third weeks of June. (Ord. 2015-57 § 3, 2015; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.270.)