Chapter 2.12
ELECTIONS

Sections:

Article I. General Provisions

2.12.010    Scope of title.

2.12.020    Severability.

2.12.030    Administration of election.

2.12.040    Election times.

2.12.050    Notice of elections.

2.12.060    Votes required for election to office.

2.12.070    Nonpartisan requirement.

2.12.080    Sale of intoxicating beverages permitted.

2.12.090    Prohibition on use of public moneys to promote passage of ballot propositions.

2.12.100    Election supplies and equipment.

2.12.110    Election expenses.

2.12.120    Preservation of election ballots, papers and materials.

Article II. Voter Qualifications

2.12.130    Voter qualifications.

2.12.140    Rules for determining residence of voter.

2.12.150    Registration.

2.12.160    Voter disqualification for felony conviction.

2.12.170    Bonded indebtedness.

Article III. Candidate Qualifications

2.12.180    Qualifications.

2.12.190    Declaration of candidacy.

2.12.200    Public financial disclosure statements.

2.12.210    Correction, amendments and withdrawal of declarations of candidacy.

2.12.220    Review of candidate qualifications.

2.12.230    Prohibitions.

2.12.240    Terms of office.

2.12.270    Notice of vacancies.

Article IV. Ballots

2.12.280    Ballot form.

2.12.290    Preparation and distribution.

2.12.300    Sample ballots.

2.12.310    Propositions – Clarity – Conciseness.

Article V. Operation of Polls

2.12.320    Election officials.

2.12.330    Opening of polling place.

2.12.340    Voter registration.

2.12.350    Voter identification at polls.

2.12.360    Persons not on official registration list.

2.12.370    Providing ballot to voter.

2.12.380    Assisting voter.

2.12.390    Spoiled ballots.

2.12.400    Placing ballot in ballot box.

2.12.410    Questioning procedure.

2.12.420    Closing of the polls.

2.12.430    Voters in line when polls close.

2.12.440    Prohibitions.

2.12.450    Unused ballots.

Article VI. Ballot Counting Procedures

2.12.460    Commencement of ballot count.

2.12.470    General procedure for ballot accountability.

2.12.480    Write-in votes.

2.12.490    Disqualified candidate.

2.12.500    Determination of tie votes.

2.12.510    Other ballot counting systems authorized.

Article VII. Absentee Voting

2.12.520    Administration of absentee voting.

2.12.530    Designation of absentee voting officials.

2.12.540    Eligibility.

2.12.550    Fee prohibited.

2.12.560    Materials for absentee voting.

2.12.570    Absentee voting – In person.

2.12.580    Absentee voting – By mail.

2.12.590    Application for absentee voting by electronic transmission.

2.12.600    Absentee voting – Special needs voting.

2.12.610    Counting of ballots.

2.12.620    Names of absentee voters to be made available.

Article VIII. Canvass Board and Certification of Election Results

2.12.630    Canvass board.

2.12.640    Canvass of returns.

2.12.650    Procedures for handling questioned and absentee ballots.

2.12.670    Voters not on official registration list.

2.12.680    Certification of the election results.

Article IX. Election Recount

2.12.690    Recount application.

2.12.700    Form of application.

2.12.710    Date of recount.

2.12.720    Procedure for recount.

2.12.730    Certification of recount result.

Article X. Appeal or Judicial Review

2.12.740    Appeal or judicial review.

Article XI. Definitions

2.12.780    Definitions.

Article I. General Provisions

2.12.010 Scope of title.

This chapter governs all borough elections. (Ord. 2004-45 § 2, 2004)

2.12.020 Severability.

Should any provision of this election code or its application to any person or set of circumstances be held invalid, the remainder of its provisions, or of its application to any persons or circumstances, shall not be affected. (Ord. 2004-45 § 2, 2004)

2.12.030 Administration of election.

A. The assembly shall prescribe the general rules for the conduct of borough elections.

B. The borough clerk, in accordance with the provisions of this title, shall administer all borough elections.

C. The borough clerk shall adopt regulations as necessary to implement this chapter or to administer borough elections in accordance with this chapter. (Ord. 2004-45 § 2, 2004)

2.12.040 Election times.

A. Time of Regular Election. Annually, on the first Tuesday of October, a regular election shall be held in the borough for the election of vacant borough offices, and for the determination of other matters as may be placed on the ballot.

B. Time of Run-off Election. When a run-off election is required by law, the election shall be held on the third Tuesday following the regular election or within two weeks after certification of the results of the regular election. The run-off election shall not be considered a special election within the meaning of AS 29.71.

C. Time of Service Area Elections.

1. Annually, on the third Tuesday of November, an election shall be held for establishing new service areas, annexation to existing service areas, dissolving a service area, or to consolidate or merge two or more service areas.

2. Annually, on the fourth Tuesday of March, an election shall be held for any service area desiring to increase their mill levy for services provided within the boundaries of the service area.

D. Time of Special Elections. The assembly, by motion, resolution, or adoption of an ordinance, may call a special election at any time at least 75 days prior to the date of the election. Unless the assembly has set a date for a required special election, the borough clerk shall call a special election when required by law or ordinance to place an initiative, referendum, recall or other question before the voters. (Ord. 2004-45 § 2, 2004)

2.12.050 Notice of elections.

A. The borough clerk shall publish a notice of each election at least twice in one or more newspapers of general circulation in the borough. The borough clerk shall also post such a notice in two conspicuous places in each precinct. The first such publication, and the posting in each precinct, shall be accomplished at least 30 days prior to a regular election or at least 20 days before a special election.

B. Each notice of election shall include:

1. The type of election, whether regular, service area, special or run-off;

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 to be voted upon;

6. Voter qualifications and instructions for registration;

7. Instructions for application for absentee voting;

8. Precinct polling places.

C. For run-off elections, the notice of the locations of the precinct polling places may be included or separate from the notice of the election and publication shall be made at least once, no later than five days prior to the run-off election. The notice of election shall be posted at two places within each precinct.

D. Notice of Bonded Indebtedness.

1. Before a general obligation bond issue election, the borough clerk shall publish notice of the borough’s total existing bonded indebtedness at least once a week for three weeks.

2. The notice of the borough’s total existing bonded indebtedness shall state:

a. The current total general obligation bonded indebtedness, including authorized but unsold bonds, of the borough;

b. The cost of the debt service on the current indebtedness; and

c. The total assessed valuation within the borough. (Ord. 2004-45 § 2, 2004)

2.12.060 Votes required for election to office.

A. Election to the office of borough mayor is when a candidate receives over 40 percent of the votes cast for that seat. A run-off election for the office of mayor shall be held between the two candidates receiving the highest number of votes if no candidate receives over 40 percent of the votes cast.

B. The candidate for an assembly or school board seat receiving the greatest number of votes cast for that seat is elected. (Ord. 2004-45 § 2, 2004)

2.12.070 Nonpartisan requirement.

All borough elections shall be nonpartisan. (Ord. 2004-45 § 2, 2004)

2.12.080 Sale of intoxicating beverages permitted.

The sale of intoxicating beverages is not unlawful during elections held within the borough and the provisions of AS 04.16 shall not apply. (Ord. 2004-45 § 2, 2004)

2.12.090 Prohibition on use of public moneys to promote passage of ballot propositions.

A. The use of public moneys, or facilities, equipment or supplies purchased with public moneys, and services of public employees in kind to promote the passage of ballot propositions including public expenditures, appropriations or bond issues is prohibited.

B. The term “promote” is defined as an attempt to influence, whether affirmatively or negatively, the vote of the people upon ballot propositions or bond issues. The term “promote” does not encompass the following and similar activities:

1. The publication, circulation or mailing of informational items or legal notices pertaining to proposed bond issues or ballot propositions, so long as any such literature distributed to the public or to news media fairly and fully presents information needed by the public to make an informed vote upon any ballot propositions or bond issue;

2. The participation by borough general government or school district personnel in public discussions, or interviews with news media, relating to proposed ballot propositions or bond issues.

C. Borough-owned schools, buildings and other facilities may be utilized for public meetings, discussions, and other assemblies by private groups supporting or opposing any ballot proposition or bond issue. General government and school district employees may arrange for public meetings and assemblies where the advantages and disadvantages of a proposed ballot proposition or bond issue are fairly presented by opponents and proponents of the item.

D. No posters, fliers or other printed material advocating or opposing a ballot proposition or bond issue may be displayed in any borough-owned or controlled building or facility except in a single area of general public access designated by the building supervisor. Both proponents and opponents of the ballot item shall be accorded equal access to the space. (Ord. 2004-45 § 2, 2004)

2.12.100 Election supplies and equipment.

A. Before the opening of the polls the borough clerk shall furnish to the election board of each precinct the state voter registration list for that precinct 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 borough 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 printed on cards in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The borough clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his 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. (Ord. 2004-45 § 2, 2004)

2.12.110 Election expenses.

The borough clerk shall:

A. Pay each election board member and canvass board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices;

B. Set the hourly compensation to be paid for time spent by election officials at a rate comparable to that paid by the state for state elections;

C. Shall retain a record for auditing and payment of election expenses, including the cost of giving notice, renting polling places, paying election officials, securing ballot boxes, booths and other election necessities. (Ord. 2004-45 § 2, 2004)

2.12.120 Preservation of election ballots, papers and materials.

The borough clerk shall preserve all precinct election certificates, tallies, and registers, receipts for ballots, all voted ballots and declarations of candidacy filed for 30 days after certification of the election. Certificates of the canvass board are to be preserved as permanent records. (Ord. 2004-45 § 2, 2004)

Article II. Voter Qualifications

2.12.130 Voter qualifications.

A. A person is qualified to vote in borough-wide elections who:

1. Is a citizen of the United States;

2. Is 18 years of age or older;

3. Has been a resident of the borough and the precinct in which the person seeks to vote for at least 30 days just before 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;

5. Has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction; and

6. Is not disqualified under Article V of the state constitution.

B. A person is qualified to vote in a service area election if he meets the requirements of subsection (A) of this section and has in addition been a resident of the service area in which he seeks to vote for at least 30 days immediately preceding the election. (Ord. 2004-45 § 2, 2004)

2.12.140 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 he is absent, he 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 his residence solely by reason of his presence while employed in the service of the United States or of this state, or while a student of 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, his spouse or his dependent is a resident of this state solely by reason of being stationed in the state.

D. A person does not lose his residence if he leaves his home and goes to another country, state, or place within this state for temporary purposes only and with the intention of returning.

E. A person does not gain a residence in a place to which he comes without a present intent to establish a permanent dwelling there.

F. A person loses his residence in this state if he votes in an election held in another state and has not, upon his return, regained his residence in this state under the provisions of this chapter and state law.

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. (Ord. 2004-45 § 2, 2004)

2.12.150 Registration.

A. No person may vote in an election unless he is a qualified voter under the Alaska State Constitution and laws of Alaska and has met the conditions prescribed by this chapter and has registered to vote as required by the state election code.

B. The precinct election officials at any election shall allow a person to vote whose name is on the official registration list for that precinct and who is qualified under this chapter and AS 15.05. A person whose name is not on the official registration list shall be allowed to vote a questioned ballot. (Ord. 2004-45 § 2, 2004)

2.12.160 Voter disqualification for felony conviction.

A person whose qualifications to vote have been questioned on the basis of a felony conviction must vote a questioned ballot. A person’s vote shall not count where the voter has been convicted either by state courts of Alaska, by the courts of another state or by the federal courts of a felony involving a moral turpitude under Alaska law unless his civil rights have been restored by law or by proper authority in the jurisdiction in which the person was convicted. Felonies involving moral turpitude include, but are not limited to, those crimes that are immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, sexual abuse of a minor, unlawful exploration of a minor, robbery, extortion, coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery device, offering a false instrument for recording, scheme to defraud, falsifying business records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, promoting contraband, interference with official proceedings, receiving a bribe by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical evidence, hindering prosecution, terroristic threatening, riot, criminal possession of explosives, unlawful furnishing of explosives, promoting prostitution, criminal mischief, misconduct involving a controlled substance or an imitation controlled substance, permitting an escape, promoting gambling, possession of gambling records, distribution of child pornography, and possession of child pornography. (Ord. 2004-45 § 2, 2004)

2.12.170 Bonded indebtedness.

A. Only qualified voters may vote on a question of incurring bonded indebtedness by the borough. If the debt to be incurred is to be an area-wide debt, the vote shall be area-wide. If the debt to be incurred is to be limited to the area outside cities, the vote shall be limited to the qualified voters who reside in the affected area.

B. Notice of bonded indebtedness shall be given consistent with the provisions of FNSB 2.12.050(D) and state law. (Ord. 2004-45 § 2, 2004)

Article III. Candidate Qualifications

2.12.180 Qualifications.

A. A candidate for borough mayor must be a qualified voter of the state of Alaska who has resided within the borough for a period of one year preceding filing for office. An elected person may hold only one elective seat at a time.

B. A candidate for borough assembly must be a qualified voter of the state of Alaska who has resided within the borough for a period of one year preceding filing for office.

C. A candidate for school board must be a qualified voter of the state of Alaska and reside within the borough immediately preceding filing for office. (Ord. 2004-45 § 2, 2004)

2.12.190 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, or school board shall be made by filing a declaration of candidacy with the borough clerk from August 1st through August 15th, 4:30 p.m. Should August 15th 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. A person may not occupy more than one office at one time. A person shall not occupy or be a candidate for more than one seat on a body. (Ord. 2004-45 § 2, 2004)

2.12.200 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 the name and address of the campaign treasurer 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. 2004-45 § 2, 2004)

2.12.210 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 FNSB 2.12.190.

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

2.12.220 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)

2.12.230 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)

2.12.240 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. No person who has been elected as borough mayor or assemblyperson for two full successive terms shall be again eligible to hold that office until one full year has intervened.

B. The borough mayor is elected at large by all the qualified voters of the borough.

C. An assemblyperson is elected at large by all the qualified voters of the borough to the seat for which he has declared his candidacy.

D. A school board member is elected at large by all qualified voters of the borough to the seat which he has declared his candidacy. (Ord. 2004-45 § 2, 2004)

2.12.270 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 week of July. (Ord. 2004-45 § 2, 2004)

Article IV. Ballots

2.12.280 Ballot form.

A. The ballot shall be designed with the position of names of the candidates set out in the same order in each section on each ballot used in that election. The order for placement of candidate names for each office shall be randomly determined by the borough clerk.

B. The title of the office to be filled shall be followed by the printed names of the candidates for such office, below which shall be blank lines equal in number to the candidates to be elected to such office, upon which the voter may write the names of persons not listed on the ballot. The words “Vote for no more than __________,” with the appropriate number replacing the blank, shall be placed before the list of candidates for each office. Names of candidates shall be printed as they appear upon the declaration filed with the borough clerk, except that any honorary or assumed title or prefix shall be omitted. A candidate’s name appearing on the ballot may include a nickname or familiar form of a proper name. The names of candidates shall be set out in order as provided in subsection (A) of this section.

C. The propositions to be voted on shall follow the candidates for office or shall be on separate ballots, as the borough clerk may determine. The words “yes” and “no” shall appear below each proposition.

D. Each ballot shall bear the words “Official Ballot” and the date of the election.

E. A ballot shall be printed on paper as provided in this title.

F. The ballots shall be consecutively numbered. (Ord. 2004-45 § 2, 2004)

2.12.290 Preparation and distribution.

A. The borough clerk may contract for the preparation and printing of the ballots, preparation, printing and distribution of ballots without obtaining competitive bids.

B. The borough clerk shall obtain the printing of all ballots for borough elections. The borough clerk shall possess the printed ballots at least 15 days before each regular election and at least 10 days before each special and run-off election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his authorized agent, and any discovered mistake shall be corrected immediately.

C. The borough clerk shall arrange for delivery of ballots to each election board prior to or on the date of the election before the opening of the polls. The ballots shall be delivered in separate containers, with the number of ballots enclosed in each container clearly marked on the outside of it. A receipt for each package shall be taken from the election board to which it is delivered. (Ord. 2004-45 § 2, 2004)

2.12.300 Sample ballots.

The borough clerk shall obtain the printing of sample ballots. Sample ballots shall be printed and clearly labeled “Sample Ballot.” Sample ballots shall be delivered to the election board in each precinct. (Ord. 2004-45 § 2, 2004)

2.12.310 Propositions – Clarity – Conciseness.

All ballot propositions shall be stated in a concise and clear language to avoid verbosity and with the object of informing and advising the voter of the issue in a clear and forthright manner. All ballot propositions shall be stated in the affirmative and not the negative so that a yes vote will always mean that the voter approves of the affirmative of a position and not the negative; and a no vote disapproves the affirmative statement of an issue. Ballot propositions shall not be used to obtain a negative result by the casting of a yes vote. Words of multi‑syllables will be avoided in ballot propositions, and simple sentences shall be used in preference to complex or compound sentences, with the object of making ballot propositions understandable to the average reader. (Ord. 2004-45 § 2, 2004)

Article V. Operation of Polls

2.12.320 Election officials.

A. Before each election, the borough clerk, subject to approval by the assembly, shall appoint at least three judges in each precinct. The borough clerk shall designate one election judge from each precinct as the chairman, who shall be primarily responsible for administering the election in that precinct.

B. The borough clerk may appoint election officials and counters at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship.

C. If any appointed election official is not able or refuses to serve on election day, the borough clerk may appoint a replacement for that official.

D. Each election official serving at a precinct polling place must be a qualified voter and, if possible, a resident within the precinct for which he is appointed.

E. All election judges, election officials and counters, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the borough clerk.

F. Candidates shall not serve as election officials. Certain familial relationships may not exist between a candidate and a precinct election judge, election official, or member of a ballot counting team in regular, run-off 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.

G. If the borough clerk knows or learns that any of these relationships exist, the precinct election judge, election office, or member of the ballot counting team shall be notified and replaced. (Ord. 2004-45 § 2, 2004)

2.12.330 Opening of polling place.

A. On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by 6:30 a.m. so that voting will start promptly at 7:00 a.m. The chairman of the election board shall rotate times at which election judges, board members, and election officials may be relieved for breaks or meals; provided, however, that at all times at least two judges from the election board are present at the polling place.

B. 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. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. (Ord. 2004-45 § 2, 2004)

2.12.340 Voter registration.

The judges shall keep an original register or registers in which each voter, before receiving his ballot, shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book, in a space provided, of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he may question the voter in accordance with the provisions of this title. (Ord. 2004-45 § 2, 2004)

2.12.350 Voter identification at polls.

A. Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including but not limited to an official voter registration card, driver’s license, passport, or hunting or fishing license.

B. An election official may waive the identification requirement if the election official knows the identity of the voter.

C. A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a questioned ballot. (Ord. 2004-45 § 2, 2004)

2.12.360 Persons not on official registration list.

If a person’s name does not appear on the official registration list in the precinct in which the person seeks to vote, the person may vote a questioned ballot. (Ord. 2004-45 § 2, 2004)

2.12.370 Providing ballot to voter.

When a voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot. (Ord. 2004-45 § 2, 2004)

2.12.380 Assisting voter.

A qualified voter who cannot read, mark the ballot, or sign his name may request an election official or not more than two persons of his choice to assist him. If the election official is requested, he shall assist the voter. If any other person(s) is requested, the person(s) shall state upon oath before the election official that he will not divulge the vote cast by the person whom he assists. (Ord. 2004-45 § 2, 2004)

2.12.390 Spoiled ballots.

The borough clerk shall specify uniform procedures for replacement, registration and disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election judges. (Ord. 2004-45 § 2, 2004)

2.12.400 Placing ballot in ballot box.

When the voter has marked the ballot, the voter shall inform the election official. The borough clerk may require that the voter return the ballot to the election official temporarily so that any stub, which may be part of the ballot, may be removed by the election official. Any such requirement shall protect the secrecy of the ballot. In all cases the voter, in the presence of the election official, shall deposit the ballot in the ballot box unless the voter requests the election official to deposit the ballot. (Ord. 2004-45 § 2, 2004)

2.12.410 Questioning procedure.

A. If the polling place of a voter is in question, the voter shall vote a questioned ballot after complying with subsection (C) of this section.

B. Every election official and election judge shall question, and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote in the election. All questions regarding a person’s qualifications to vote shall be made in writing, setting out the reason that the person has been questioned.

C. The questioned person, before voting, shall subscribe to an oath or affirmation on a form provided by the election official attesting to the fact that, in each particular, the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election. If the question is to residence within the precinct or voting area, the person shall also state the place from which that person came immediately before living in the precinct where offering to vote. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath or affirmation, the person shall not vote.

D. A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, and delivered to the election canvassing board. The election canvass board shall review and judge the applicability of all questioned ballots. (Ord. 2004-45 § 2, 2004)

2.12.420 Closing of the polls.

A. Fifteen minutes before the closing of the polls, and at the time of closing the polls, an election official shall announce both the designated closing time and the actual time at which the announcement is made. 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. After closing, no person will be allowed to enter the polling place for purposes of voting. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

B. When the polls are closed and the last vote has been cast, the election board shall account for all ballots by completing a ballot statement containing, in a manner prescribed by the borough clerk, the number of official ballots supplied.

C. The election board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the ballot statement. (Ord. 2004-45 § 2, 2004)

2.12.430 Voters in line when polls close.

Every qualified voter present and in line at the time prescribed for closing the polls may vote. (Ord. 2004-45 § 2, 2004)

2.12.440 Prohibitions.

A. During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty.

B. During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. Nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. The election board shall post warning notices in the form and manner prescribed by the borough clerk.

C. No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.

D. While the polls are open no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

E. No person may leave the polling place with the official ballot that the person received to mark. (Ord. 2004-45 § 2, 2004)

2.12.450 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. The numbers of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved for at least 30 days. (Ord. 2004-45 § 2, 2004)

Article VI. Ballot Counting Procedures

2.12.460 Commencement of ballot count.

In optical scan or other computer-read or electronic ballot precincts, when the polls have closed and the last vote has been cast, the election board shall immediately transmit election results to the borough clerk following the written instructions provided to each precinct. Once the elections results have been transmitted, the election board shall open the ballot box and place all ballots in the tamper-proof containers provided. The election board shall remove all questioned ballots and place them in the container provided. The election board shall proceed with the ballot accountability and poll-closing procedures provided by the borough clerk. (Ord. 2004-45 § 2, 2004)

2.12.470 General procedure for ballot accountability.

A. The borough clerk may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot 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 destroyed. The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by the borough clerk.

B. Ballots may not be counted before 8:00 p.m., local time, on the day of the election. (Ord. 2004-45 § 2, 2004)

2.12.480 Write-in votes.

A. 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.

B. In order to vote for a write‑in candidate, the voter must write in the candidate’s name in the space provided and, in addition, fill in the oval opposite the candidate’s name.

C. Stickers may not be used. Use of stickers can cause that portion of the ballot to be invalidated.

D. Write-in votes shall only be tabulated by person if the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot. (Ord. 2004-45 § 2, 2004)

2.12.490 Disqualified candidate.

Votes cast for a candidate who is disqualified shall not be counted for any purpose. (Ord. 2004-45 § 2, 2004)

2.12.500 Determination of tie votes.

A. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the borough clerk shall so notify the candidates who are tied. The borough clerk shall immediately proceed with the recount of votes in the manner provided by this title.

B. If there is still a failure to elect because of a tie vote 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. After the determination has been made by lot, the assembly shall certify the result. (Ord. 2004-45 § 2, 2004)

2.12.510 Other ballot counting systems authorized.

Nothing in this title prohibits the use of other ballot counting systems, which have been approved for use in state elections. The borough clerk, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted for use in state elections. (Ord. 2004-45 § 2, 2004)

Article VII. Absentee Voting

2.12.520 Administration of absentee voting.

The borough clerk shall provide general administrative supervision over the conduct of absentee voting and make instructions available to absentee voters regarding the procedure for absentee voting. (Ord. 2004-45 § 2, 2004)

2.12.530 Designation of absentee voting officials.

The borough clerk may appoint any person qualified to vote in state elections to act as absentee voting officials. The borough clerk shall supply adequate voting supplies and ballots to the absentee voting officials. After taking an oath in the form required of election judges, an absentee voting official may perform all the duties of an election official with respect to the issuance, witnessing and receipt of absentee ballots at such places and times as the borough clerk may designate. Each absentee voting official shall transmit the dated envelopes containing the marked ballots to the borough clerk in the manner set forth in the written instructions provided by the borough clerk. Upon receipt of the absentee ballots, the borough clerk shall hold the ballots in a secure location until they can be transferred to the canvass board along with the absentee in-person registers and other election materials received from the absentee voting official. (Ord. 2004-45 § 2, 2004)

2.12.540 Eligibility.

Any qualified voter may vote an absentee ballot for the precinct in which he resides and is registered (1) if he believes he will be unavoidably absent from his voting precinct on election day, whether inside the borough or not, or (2) if he will be unable to be present at the polls because of physical disability. (Ord. 2004-45 § 2, 2004)

2.12.550 Fee prohibited.

No person may receive a fee from the voter for attesting to any voter’s certificate required in voting absentee. (Ord. 2004-45 § 2, 2004)

2.12.560 Materials for absentee voting.

The borough clerk shall provide:

A.  Absentee ballots for all precincts;

B. Small and large envelopes;

C. An affidavit by which the voter shall declare his/her qualification to vote, followed by a provision for attestation by a witness who is 18 or older;

D. An absentee voter register. (Ord. 2004-45 § 2, 2004)

2.12.570 Absentee voting – In person.

A. A qualified voter may apply in person for an absentee ballot at the office of the borough clerk during regular office hours, or the voter may apply to the nearest city clerk’s office during regular office hours.

B. On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this title, the borough clerk shall issue the ballot to the applicant.

C. The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, and to place the small envelope in the larger envelope in the presence of the election official who shall sign as attesting official and date his signature. The election official shall then accept the ballot.

D. The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide him, with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.

E. Each absentee voting official shall keep a record of the names and the signatures of voters who cast absentee ballots before the official and the dates on which the ballots were cast. (Ord. 2004-45 § 2, 2004)

2.12.580 Absentee voting – By mail.

A. A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first of the year in which the election is to be held nor less than seven days before an election. The application shall include the address to which the absentee ballot is to be returned, the applicant’s full Alaska residence address, and the applicant’s signature.

B. After receipt of an application by mail, the borough clerk shall send the absentee ballot and other absentee voting materials to the applicant by the most expeditious mail service. The materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the borough clerk.

C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to sign the voter’s certificate on the back of the larger envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall be witnessed by a person over the age of 18 years.

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 shall use the most expeditious mail service and mail the ballot not later than the day of the election to the borough clerk. It must be postmarked on or before midnight of election day and received by the borough clerk no later than the Tuesday following the election. Ballot envelopes received after that time shall not be opened but shall be marked “invalid” with the date of receipt noted thereon, and shall be preserved with other ballots of the election.

E. The borough clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his identity.

F. The borough clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed to the applicant and received in the office of the borough clerk. The record will contain the dates on which the ballot was executed and postmarked. (Ord. 2004-45 § 2, 2004)

2.12.590 Application for absentee voting by electronic transmission.

A. A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not less than the day immediately preceding the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven days prior to the election, the ballot will be mailed in the manner provided for absentee ballots by mail. The borough clerk may impose reasonable conditions for electronically transmitting absentee ballots.

B. A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable.

C. The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the borough clerk. The ballot may not be counted unless it is received by the close of business on the Tuesday following the election.

D. A voter may transmit the ballot electronically no later than the day before the election. The ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the borough clerk, a member of the borough clerk’s staff, an election official in the course of his or her duties, or an attorney advising the borough clerk on legal questions concerning the ballot. (Ord. 2004-45 § 2, 2004)

2.12.600 Absentee voting – Special needs voting.

A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for in accordance with the rules adopted by the state for use in state elections and in effect at the time of the local election. (Ord. 2004-45 § 2, 2004)

2.12.610 Counting of ballots.

To be counted in the election, an absentee ballot must be postmarked on or before election day and be received by the borough clerk no later than the Tuesday following the election. Absentee ballot envelopes received after the canvass board has completed absentee ballot counting shall not be opened, but shall be marked “invalid” with the date of receipt noted thereon. Such envelopes shall be retained with the other election records and destroyed with them as provided by the borough clerk’s records retention schedule. Absentee ballot envelopes shall be examined by the canvass board that shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast. (Ord. 2004-45 § 2, 2004)

2.12.620 Names of absentee voters to be made available.

The borough clerk and election officials shall have available for public inspection the names and addresses of persons who voted absentee. The absentee voting officials shall deliver to the borough clerk the names and addresses of those persons who voted or attempted to vote absentee before the officials on the day following the borough election. (Ord. 2004-45 § 2, 2004)

Article VIII. Canvass Board and Certification of Election Results

2.12.630 Canvass board.

Before each election, the borough clerk, subject to approval of the assembly, shall appoint four or more 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 of Alaska in the manner prescribed by the borough clerk. (Ord. 2004-45 § 2, 2004)

2.12.640 Canvass of returns.

A. The day following the election, the election canvass board shall meet in public session and canvass all election returns. In full view of those present, the election canvass board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted, and shall compile the total votes cast in the election. The canvass of the ballot vote counted by the 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 in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the canvass board. A mistake that has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the canvass board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question.

B. Upon completion of the canvass, the board shall prepare a final certificate of the results of votes cast by absentee, questioned and challenged ballots and of votes cast by regular ballot, and shall prepare a written report of the results to be submitted to the assembly. (Ord. 2004-45 § 2, 2004)

2.12.650 Procedures for handling questioned and absentee ballots.

A. Ballot review shall begin the day following the election. All ballots received must be reviewed and counted by the Tuesday following the election.

B. The canvass board will review all ballots that have been questioned to determine eligibility of voter. If the ballot is rejected, the borough clerk shall send a statement to the voter stating why the ballot could not be processed.

C. All rejected questioned ballots shall be enclosed in a separate envelope with statements of the basis for the question.

D. If the ballot is determined to be valid, the canvass board shall place all properly voted ballots in a separate container to be opened on the Tuesday following the election for counting. Ballots shall be counted according to the rules for determining properly marked ballots.

E. The canvass board shall process absentee ballots in the same manner as specified in subsections (A) through (D) of this section. (Ord. 2004-45 § 2, 2004)

2.12.670 Voters not on official registration list.

A person whose registration has been cancelled under state law and who votes a questioned/absentee ballot shall not have the ballot counted. (Ord. 2004-45 § 2, 2004)

2.12.680 Certification of the election results.

A. The assembly shall meet in public session to receive the report of the canvass board, as soon as is practicable. If, after considering the report, the assembly determines that the election was validly held, the election shall be certified and entered upon the minutes of the meeting, together with the total number of votes cast for each candidate and for or against each proposition or question.

B. Upon certification of a valid election, the borough clerk shall deliver to each person elected to office a certificate of election, signed by the borough clerk and authenticated by the seal of the borough clerk. (Ord. 2004-45 § 2, 2004)

Article IX. Election Recount

2.12.690 Recount application.

A. A defeated candidate, or 10 qualified voters who believe there has been a mistake made by an election official or by the canvass board in counting the votes in an election, may file an application with the borough clerk requesting a recount. The application shall be filed with the borough clerk no later than 5:00 p.m. on the Monday following the election or 24 hours after completion of the canvass, whichever is later.

B. The date on which the borough clerk receives an application, rather than the date of mailing or transmission, determines whether the application is filed within the time allowed under this subsection.

C. The application shall include a deposit in cash or certified check for $100.00. The deposit shall be applied against any costs incurred. The applicant(s) shall pay all costs and expenses incurred in recount of an election if the recount fails to reverse a result of the election or the difference between the winning and losing vote on the result contested is more than two percent.

D. If two or more candidates tie in having the highest number of votes for the same office, to which only one candidate is to be elected, the borough clerk shall initiate a recount of that race. (Ord. 2004-45 § 2, 2004)

2.12.700 Form of application.

A. Recount applications shall be provided by the borough clerk.

B. A recount application shall specify with particularity the grounds for the contest, the particular election precinct(s) for which the recount is to be held, the particular office or proposition for which the recount is to be held and shall state that the person making the application is a candidate or that the 10 persons making the application are qualified voters.

C. The application for recount shall bear the notarized signature of the candidate or the 10 qualified voters seeking the recount. (Ord. 2004-45 § 2, 2004)

2.12.710 Date of recount.

A. As soon as practicable after receiving a properly filed application, the borough clerk shall submit recount to the recount board. The recount board shall conduct the recount of the ballots of those precincts cited in the application.

B. The borough clerk shall give a person(s) who filed an application for recount and other directly interested persons notice of the time and place of the recount. (Ord. 2004-45 § 2, 2004)

2.12.720 Procedure for recount.

A. If a recount of ballots is demanded, the borough clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots for those precincts cited in the application for recount.

B. In conducting the recount, the recount board shall review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administrative convenience, the borough clerk may join and include two or more applications in a single review and count of votes. The rules governing the counting of marked ballots shall be followed in the recount.

C. The ballots and other election materials shall remain in the custody of the borough clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. (Ord. 2004-45 § 2, 2004)

2.12.730 Certification of recount result.

Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the assembly. The assembly shall abide by procedures for issuing a certificate of the election as set forth in this title. (Ord. 2004-45 § 2, 2004)

Article X. Appeal or Judicial Review

2.12.740 Appeal or judicial review.

A person may not appeal or seek judicial relief of an election for any cause or reason unless the person is qualified to vote in the borough, has exhausted the administrative remedies before the assembly, and has commenced, within 10 days after the assembly has certified the election results, an action in the superior court. If an action under this section is not commenced within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects. (Ord. 2004-45 § 2, 2004)

Article XI. Definitions

2.12.780 Definitions.

In this title, unless the context otherwise requires:

“Borough clerk” means the borough clerk of the borough, any properly authorized assistant or designee.

“Borough election” means any election:

1. To fill a borough office;

2. Upon a proposition submitted to the voters under the ordinances of the borough; or

3. That the borough clerk is required by law to administer.

“Borough office” means an elective office under the ordinances of the borough.

“Day” means a calendar day including Saturday, Sunday and holidays.

“Election” includes a regular, special or run-off borough election.

“Election official” means the borough clerk and members of all election boards.

“Lot” means flip of a coin.

“Oath” includes affirmation on penalty of perjury.

“Precinct” means the territory within which resident voters may cast votes at one polling place.

“Proposition” includes question.

“Publication” means a newspaper of general circulation distributed in the borough.

“Qualified voter” means any person who has the qualifications required by this chapter and is not disqualified under Article V of the Alaska State Constitution.

“Questioned voter” means a voter whose name does not appear on the register in the precinct where he attempts to vote, a voter who does not bear identification or is not personally known to an election official though his name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing.

“Registration” or “registered” refers to the form of registration required by the state election code. For borough elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 days prior to the borough election; for service area elections, has also been a resident of the service area for at least 30 days immediately preceding the election.

“Regular election” means a general election to fill borough offices as required by Alaska Statutes.

“Signature” includes any mark intended as a signature or subscription.

“Special election” means any election held at a time other than when a regular election is held.

“Swear” includes “affirm.”

“Total votes cast” means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots counted as blank votes or as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.

“Voter” means any person who presents himself for the purpose of registering to vote or voting, either in person or by absentee application or ballot. (Ord. 2004-45 § 2, 2004)