Chapter 18.05
GENERAL PROVISIONS

Sections:

18.05.010    Definitions.

18.05.020    Incorporation of state and federal laws.

18.05.025    Powers and duties of the clerk.

18.05.030    Regular election.

18.05.040    Special election.

18.05.045    Time of election.

18.05.050    Repealed.

18.05.060    Repealed.

18.05.065    Bonded indebtedness.

18.05.067    Propositions and questions.

18.05.070    Nonpartisan requirement.

18.05.080    Sale of liquor on election day.

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

18.05.100    Simple majority – Prohibition on runoff elections.

18.05.110    Reporting voting information to the state.

18.05.120    Expenses.

18.05.010 Definitions.

In this title, unless the context otherwise requires:

“Alternate ballot” means a sample ballot, copied ballot, or a piece(s) of paper with the candidates and propositions written on it used during the alternate voting process.

“Borough” means Matanuska-Susitna Borough.

“Calendar days” means consecutive days succeeding one another in regular order.

“City” means the city of Palmer.

“City business day(s)” means the days the city’s administrative offices are open to provide general services to the public.

“Clerk” means the city clerk and any properly authorized assistant to the city clerk; provided, the term “clerk” means borough clerk only when the word “clerk” is immediately preceded by the word “borough.”

“Election” includes any regular or special city election.

“Election official” includes election officials appointed by the clerk and approved by the council under Chapter 18.22 PMC, early-voter officials, canvass board, review board, counting teams, receiving teams, the clerk and the clerk’s office staff.

“Oath” means any form of attestation by which a person signifies the person is bound in conscience to perform and act faithfully and truthfully. “Oath” includes “affirmation.”

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

“Precinct register” means the register maintained by the Director of the State Division of Elections.

“Proposition” means an initiative, referendum, recall, or other issue submitted to the public at an election.

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

“Registration” or “registered” refers to the form of registration required by the State Election Code. For city elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 calendar days prior to the city election.

“Regular ballot” means a ballot voted at the polls which is not a questioned, early-voter or an absentee by mail ballot.

“Regular election” means the city election held annually on the first Tuesday of October, unless a different date or interval of years is provided by ordinance.

“Signature” or “subscription” includes a 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.”

“Voter” means a person who votes a ballot either in person or by mail. (Ord. 18-003 § 3, 2018; Ord. 12-009 § 3, 2012; Ord. 620 § 3, 2004; Ord. 592 § 3, 2002; Ord. 571 § 3, 2001; Ord. 546 § 4, 1999; Ord. 515 § 3, 1997)

18.05.020 Incorporation of state and federal laws.

All provisions of the United States Constitution, the Alaska State Constitution, and the laws enacted pursuant to these constitutions affecting city elections are incorporated in this chapter as if fully set out in this chapter. (Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

18.05.025 Powers and duties of the clerk.

Unless otherwise provided by law, the clerk shall be responsible for the calling and supervision of all city elections. (Ord. 620 § 3, 2004; Ord. 546 § 5, 1999)

18.05.030 Regular election.

A. The date of the regular election shall be held annually on the first Tuesday of October.

B. The council may provide for different dates for regular election by ordinance in accordance with Charter Section 10.1.

C. The date of holding regular city elections may not be changed by the council at any time less than one year prior to the date of the first regular city election affected. (Ord. 620 § 3, 2004; Ord. 592 § 4, 2002; Ord. 515 § 3, 1997)

18.05.040 Special election.

A. The council, by resolution, may call a special election at any time at least 75 calendar days prior to the date of the election. Notice of the special election shall be made in accordance with PMC 18.20.020.

B. The clerk shall comply with the Federal Voting Rights Act and timely submit a preclearance request to preclear each special election date prior to holding the election as required by 28 C.F.R. Part 51.17. (Ord. 620 § 3, 2004; Ord. 592 § 5, 2002; Ord. 546 § 6, 1999; Ord. 515 § 3, 1997)

18.05.045 Time of election.

The polls in each precinct shall be open from 7:00 a.m. until 8:00 p.m. on all election days for the purpose of voting. (Ord. 620 § 3, 2004)

18.05.050 Vacancies in office.

Repealed by Ord. 620. (Ord. 515 § 3, 1997)

18.05.060 Initiative, referendum, and recall.

Repealed by Ord. 620. (Ord. 592 § 6, 2002; Ord. 515 § 3, 1997)

18.05.065 Bonded indebtedness.

A. Only qualified voters may vote on a question of incurring bonded indebtedness by the city.

B. Notice of bonded indebtedness shall be given consistent with the provisions of PMC 18.20.025. (Ord. 12-009 § 4, 2012; Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

18.05.067 Propositions and questions.

An ordinance or resolution placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 75 calendar days before a special election. (Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

18.05.070 Nonpartisan requirement.

All city elections shall be nonpartisan. (Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

18.05.080 Sale of liquor on election day.

In accordance with AS 04.16.070(b), the provisions of AS 04.16.070(a) do not apply in the city, and intoxicating liquor may be given, sold, bartered, consumed or dispensed in a licensed premises on election day. (Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

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

A. Except as provided in subsections (B) and (C) of this section, money held by the city may not be used to influence the outcome of the election of a candidate.

B. Money held by the city may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance.

C. Money held by the city may be used to:

1. Disseminate information about the time and place of an election and to hold an election;

2. Provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office.

D. When expenditure of money is authorized by subsection (B) or (C) of this section and is used to influence the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040.

E. City-owned 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. City employees may arrange for public meetings and assemblies where the advantages and disadvantages of a proposed ballot proposition or bond issue are reasonably fairly presented by opponents and proponents of the item.

F. No posters, fliers or other printed material advocating or opposing a ballot proposition or bond issue may be displayed in any city-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 reasonably equal access to the space.

G. The constitutional rights of public employees to express their personal views on proposed bond issues and ballot propositions during public meetings or in interviews with news media shall not be abridged by this title. However, any employee expressing personal views shall clearly state that the statements reflect personal or professional beliefs only and do not represent the position of the city. (Ord. 620 § 3, 2004; Ord. 546 § 7, 1999; Ord. 515 § 3, 1997)

18.05.100 Simple majority – Prohibition on runoff elections.

There shall be no runoff elections. All city offices shall be filled by the candidate receiving the greatest number of votes. Where there is more than one office to be filled for the same term, the office shall be filled by those candidates receiving the larger numbers of votes. (Ord. 620 § 3, 2004; Ord. 515 § 3, 1997)

18.05.110 Reporting voting information to the state.

Within 60 days after each city election the clerk shall certify and send to the Alaska State Division of Elections the official voter registers, questioned voter registers, early-voter registers and absentee voting lists containing the names, residence addresses and voter identification of all persons who voted in that election. (Ord. 12-009 § 5, 2012)

18.05.120 Expenses.

The city shall pay all necessary election expenses, including those of securing places for polls and providing ballot boxes, ballots, voting booths, screens, national and state flags and other supplies, and any wages due election officials; however, all expenses of making a recount shall be apportioned pursuant to PMC 18.45.060. (Ord. 12-009 § 5, 2012)