Chapter 2.40
ELECTIONS6
Sections:
I. General Provisions
2.40.010 Application of state law.
2.40.020 Elections are nonpartisan.
2.40.030 Filling vacant municipal and school board elective offices.
II. Initiative and Referendum
2.40.040 Initiative and referendum.
2.40.050 Effect.
IIA. Recall
2.40.055 Recall.
2.40.056 Grounds for recall.
2.40.057 Procedures for recall.
III. Qualifications
2.40.060 Voter qualifications.
2.40.070 Candidate qualifications.
IV. Nomination of Candidates
2.40.080 Notice of offices to be filled.
2.40.090 Filing and review.
2.40.100 Acceptance of nomination.
2.40.110 Withdrawal or amendment of nomination.
V. Ballots
2.40.120 Form.
2.40.130 Official ballot.
2.40.140 Official card ballots.
2.40.150 Permitted use of unofficial ballots.
2.40.160 Sample ballots.
2.40.170 Distribution.
2.40.180 Ballot security.
VI. Absentee Balloting
2.40.190 Eligibility.
2.40.200 Application by physically disabled voters.
2.40.210 Examination of elector.
2.40.220 Issuance.
2.40.230 Casting absentee ballot.
VII. Conduct of Elections
2.40.240 Municipal clerk’s rules.
2.40.250 Election officials.
2.40.260 Dates and hours.
2.40.270 Notice of election.
2.40.280 Polling places and precincts.
2.40.290 Election supplies and equipment.
2.40.300 Instructions to voters.
2.40.310 Ballot box.
2.40.315 Voting procedure at polls.
2.40.317 Questioned ballots.
2.40.320 Reports of unused and damaged ballots.
2.40.330 Counting ballots—Hand counted.
2.40.340 Counting ballots—Optically read ballots.
2.40.350 Voting boards.
2.40.360 Use of computers.
2.40.370 Tests and security.
2.40.380 Receiving center operation.
2.40.390 Counting ballots.
2.40.400 Certificates of returns.
2.40.410 Preservation of ballot after counting.
2.40.420 Counting absentee and questioned ballots.
2.40.430 Election results.
2.40.435 Registration books.
VIII. Certification of Election
2.40.440 Assembly certification.
2.40.450 Record of results.
2.40.460 Certificate of election.
IX. Contested Elections
2.40.470 Notice of election contest.
2.40.480 Investigation of protests.
2.40.490 Recount.
2.40.500 Costs.
2.40.510 Appeal.
X. Prohibited Practices
2.40.520 Prohibited practices.
XI. Penalty
2.40.530 Penalty.
I. General Provisions
2.40.010 Application of state law.
Except as the Charter and the ordinances of the municipality relating to elections provide otherwise, (including procedures adopted by the municipal clerk) the general election laws of the state of Alaska shall apply to the conduct of all municipal elections, recounts of the returns therefrom and contests thereof insofar as they are applicable and not inconsistent with this chapter. (Ord. 83-557 § 4 (part), 1983.)
2.40.020 Elections are nonpartisan.
All elections held by the municipality shall be conducted on a nonpartisan basis. (Ord. 83-557 § 4 (part), 1983.)
2.40.030 Filling vacant municipal and school board elective offices.
A. Vacant unexpired terms of elected municipal officials, including school board members, shall be filled as follows:
1. Any vacancy shall be filled within the time limit set by Charter or state law by majority vote of the assembly or school board members present at a regular or special meeting.
2. The assembly or school board may use any method of nomination and election they deem satisfactory so long as it is done in open session.
3. Any person appointed must legally be qualified for the position at the time of appointment.
4. Any such appointment shall terminate after the next regular election when a successor to the remainder of the unexpired term shall be declared elected by the assembly, and that successor is sworn into office.
B. All vacant elective municipal offices, including school board positions, with unexpired terms shall be filled for the remainder of the unexpired term by vote of the people at the next regular election.
C. At any regular election where there are both unexpired terms and regular full terms to be filled for the same category of office, the qualified candidates shall be declared elected to office as follows:
1. The candidate or candidates receiving the most votes shall be declared elected to the full term vacancy or vacancies;
2. The candidate or candidates receiving the next highest number of votes shall be declared elected to the unexpired term or terms.
(Ord. 83-557 § 4 (part), 1983.)
II. Initiative and Referendum
2.40.040 Initiative and referendum.
A. A petition for initiative or referendum will be filed with the municipal clerk. The assembly may direct the municipal attorney to assist in the wording of the petition. After the application has been filed and within ten working days, the municipal clerk with the assistance and legal advice of the municipal attorney shall certify the application or notify the initiative sponsors/committee of the grounds for denial.
B. Contents of Petition. A petition for an initiative or referendum shall:
1. Embrace only a single comprehensive subject; and
2. Set out fully the ordinance or resolution sought by the petition; and
3. State upon the petition, when circulated, the date of first circulation of the petition, the name of the petitioner and where he/she can be reached; and
4. Contain the statements, when circulated, that the signatures on the petition must be secured within ninety days from the date of the first circulation and that all signators are qualified voters in the municipality; and
5. Have the required number of signatures as set out in the Charter, spaces for each signature, the printed name of each signer, the date each signature is affixed, the residence and mailing addresses, and one of the following identifiers: Voter ID number, Social Security number, or birth date of each signer; and
6. A statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures are those of the persons whose names they purport to be; and
7. Signers must be qualified voters in the municipality; and
8. Space for indicating the total number of signatures on the petition.
The municipal clerk shall notify the contact person(s) by phone and/or in writing when the petitions are available for circulation. The contact person(s) is responsible for notifying sponsors. Copies of the petition shall be provided by the municipal clerk to each pre-registered sponsor who appears in the municipal clerk’s office and requests a petition.
C. Required Signatures.
1. The necessary signatures on a petition shall be secured within ninety days from the date of the first circulation of the petition. The petition shall be signed in ink or indelible pencil.
2. Illegible signatures, unless accompanied by a legible printed name, may be rejected by the municipal clerk.
3. A petition signer may withdraw their signature upon written application to the clerk within seven days after the petition has been initially filed with the clerk.
D. Sufficiency of Petition.
1. Within ten working days from the filing date, the municipal clerk shall certify on the petition whether or not it is sufficient.
2. If the petition is deemed insufficient for any reason other than lack of required number of signatures, it may not be amended or resubmitted sooner than one year. Ten additional days will be allowed to obtain sufficient signatures.
3. Within ten working days after supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.
E. Implementation of Initiative or Referendum.
1. If a majority of those voting favor the proposal, it becomes effective when the election results are officially certified by the clerk and approved by the assembly.
2. The assembly may, at any time not less than forty-five or more than ninety days prior to the date of election, adopt an ordinance or resolution to implement the petition. In that event an election shall not be held.
(Ord. 06-28 § 4, 2006: Ord. 84-588 § 4(A), 1984; Ord. 83-557 § 4 (part), 1983.)
2.40.050 Effect.
A. The assembly may not, within one year, act in any way to modify or negate the effect of a successful initiative or referendum. If an ordinance against which a referendum is directed has been repealed by the assembly after a petition has been filed but before the referendum, the assembly may not enact a substantially similar ordinance for a period of one year after repeal.
B. An unsuccessful initiative or referendum precludes the filing of a new petition for the same purpose sooner than one year after voter disapproval of the initiative or referendum.
(Ord. 83-557 § 4 (part), 1983.)
IIA. Recall
2.40.055 Recall.
An official who is elected or appointed to an elective municipal office may be recalled by the voters after the official has served the first one hundred twenty days of the term of which he is elected or appointed. (Ord. 86-690 § 4 (part), 1986).
2.40.056 Grounds for recall.
Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed duties. (Ord. 86-690 § 4 (part), 1986.)
2.40.057 Procedures for recall.
Procedures for recall by voters of the municipality shall be as prescribed in Alaska Statutes Sections 29.26.260 through 29.26.350, which are adopted and incorporated herein by reference. (Ord. 86-690 § 4 (part), 1986.)
III. Qualifications
2.40.060 Voter qualifications.
A person may vote at any municipal election who:
A. Is at least eighteen years of age; and
B. Has been a resident of the municipality for at least thirty days immediately prior to the election; and
C. Is a citizen of the United States; and
D. Is qualified to vote in state elections; and
E. Is registered to vote in state elections in the precinct in which that person seeks to vote in municipal elections.
(Ord. 86-689 § 4, 1986; Ord. 83-557 § 4 (part), 1983.)
2.40.070 Candidate qualifications.
A qualified elector who has resided continuously in the municipality during the twelve months immediately preceding the election may serve in an elective municipal assembly office including mayor. Qualifications for school board shall be set out in A.S. 14.12.080.
Petition. Nomination shall be by petition specifying the position sought on a form prescribed by the assembly, but the right to elect a qualified candidate by write-in vote shall not be limited. Such petition shall be signed by not less than twenty-five qualified municipal voters. No elector shall sign more than one petition for each office to be filled. If they do so, their signature shall be valid only on the first sufficient petition filed for the office. To each nominating petition shall be attached an affidavit of the circulator thereof, indicating the number of signers of the petition and stating that each signature appended thereto was made in their presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the signer’s place of residence, identified by street number or other sufficient description. Petitions may include a space for printing the signatory names to aid the clerk in their identification. (Ord. 83-557 § 4 (part), 1983.)
IV. Nomination of Candidates
2.40.080 Notice of offices to be filled.
At least ninety days before each regular election the municipal clerk shall publish a notice of offices to be filled at the election and the manner of making nominations. (Ord. 05-28 § 4 (part), 2005: Ord. 83-557 § 4 (part), 1983.)
2.40.090 Filing and review.
All nomination papers comprising a petition shall be assembled and filed with the municipal clerk as one instrument not earlier than eighty days nor later than sixty days before the election. The municipal clerk shall make a record of the exact time at which each petition is filed. The petition with the name and address of the person by whom it is filed shall be preserved for two months after the election is certified. If the petitions for any candidate are not signed by the required number of qualified electors, the municipal clerk shall notify the candidate and the person who filed the petition within five days after filing, either in person or by registered or certified mail or similar special mail. If the petition is insufficient in any other particular, the municipal clerk shall return it immediately in the same manner to the person who filed it, certifying in writing wherein the petition is insufficient. Such deficient or insufficient petition may be amended and filed again as a new petition, or a substitute petition for the same candidate if filed within the regular time for filing. (Ord. 05-28 § 4 (part), 2005: Ord. 84-588 § 4(B), 1984; Ord. 83-557 § 4 (part), 1983.)
2.40.100 Acceptance of nomination.
No nominating petition may be accepted by the municipal clerk unless it is accompanied by a conflict of interest statement of the candidate as required by Alaska law and a signed acceptance of the nomination by the person nominated. The acceptance shall indicate the candidate’s state voter registration number and the length of time they have resided in the municipality and any other information requested. (Ord. 83-557 § 4 (part), 1983.)
2.40.110 Withdrawal or amendment of nomination.
Any candidate nominated may withdraw their nomination at any time by appropriate written notice to the municipal clerk. After the period for filing has closed, no nominating petition may be corrected, amended, or withdrawn. (Ord. 83-557 § 4 (part), 1983.)
V. Ballots
2.40.120 Form.
Ballots shall be prepared by the municipal clerk, who shall determine their form and preparation. (Ord. 83-557 § 4 (part), 1983.)
2.40.130 Official ballot.
The official ballot shall contain, at the top thereof, the words “Official Ballot” and the date of the election, whether such election is a general municipal election or a special municipal election, and such instructions to the voters as will enable them to intelligently mark their ballots for the candidates for whom they desire to vote and to intelligently vote upon the questions which are submitted. Both sides of a ballot may be used and additional ballots may be used for additional questions.
Following the names of candidates for the various offices on the official ballot there may also be a statement of any propositions or questions to be submitted to the voters as well as such questions as the assembly may vote to submit to the voters for an expression of opinion for its guidance. (Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.140 Official card ballots.
Computer-read or hand counted ballots are specifically authorized and may be used alone or in combination with each other. (Ord. 98-1507 § 4 (part), 1998: Ord. 83-557 § 4 (part), 1983.)
2.40.150 Permitted use of unofficial ballots.
A. If an insufficient number of official ballots is received, the judges may use substitute ballots or other election materials to indicate the intent of the voter. At least one judge will initial each substitute ballot to authenticate it prior to issuance, but they shall not be marked in such a way as to be able to tell which voter used which ballot.
B. The election board shall certify the facts which prevented the use of official ballots and materials and shall include a certificate in the election returns to the clerk. The initial failure to certify to the facts or include the certificate required does not invalidate any ballots.
C. On disclosure that unofficial ballots have been used without the certification under subsection B of this section, the clerk shall notify the chairman of the election board in which the ballot was cast of their failure to certify the ballot properly.
D. The certification shall be given to the clerk within two days of notice under subsection C of this section.
(Ord. 83-557 § 4 (part), 1983.)
2.40.160 Sample ballots.
In addition to the official ballots as prescribed, there shall be printed under the direction of the municipal clerk, in any color except white, not less than two hundred ballots, which shall be marked as “Sample Ballots” which shall be available to the public. (Ord. 83-557 § 4 (part), 1983.)
2.40.170 Distribution.
The municipal clerk shall have the ballots in possession at least fifteen days before each election. Sufficient ballots for the registered voters of each precinct shall be delivered to the election officials for that precinct. A receipt shall be taken from the election board member to whom ballots are delivered, the receipt to be preserved with other records of the election for two months following certification of the election. No ballots may be taken from the polling place before the closing of the polls except under the direction of the municipal clerk. (Ord. 83-557 § 4 (part), 1983.)
2.40.180 Ballot security.
Each printer who prepares ballots for use at an election will be provided a certificate to sign indicating that any overruns have been destroyed and that all official ballots ordered by the municipality have been delivered to the municipal clerk or designee. (Ord. 83-557 § 4 (part), 1983.)
VI. Absentee Balloting
2.40.190 Eligibility.
Any qualified voter who expects to be absent from their election precinct or who will be unable to go to the polling place of that precinct for reasons of physical disability on the day of election may cast an absentee ballot. The provisions of this chapter effectuating absentee voting rights shall be liberally construed. (Ord. 83-557 § 4 (part), 1983.)
2.40.200 Application by physically disabled voters.
A. General Requirement. Any qualified elector desiring to vote an absentee ballot shall, not more than ninety days nor later than the opening of the polls before such election, apply to the municipal clerk for an absentee ballot. The application must be signed by the applicant and must make clear the applicant’s reason for requesting an absentee ballot and specify the election for which a ballot is requested. A separate request must be made for each subsequent election.
B. Application by Physically Disabled Voters.
1. A qualified voter who is physically disabled due to age, illness or disability may apply to the municipal clerk or designee for an absentee ballot through a personal representative.
2. The municipal clerk, designee, or election official shall provide the ballot and other absentee voting materials to the disabled voter’s personal representative, who shall be a qualified Alaska voter.
3. The personal representative shall deliver the absentee ballot to the voter. The representative may confidentially and without influencing the actual marking of the ballot, assist the voter in completion of that ballot. Safeguards will ensure that the ballot remains anonymous, and secure. The ballot must be returned to the municipal clerk, designee, or election official prior to the closing of the polls.
4. The election official shall keep a record of the name and signature of each personal representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The election official shall record the date and time the absentee ballot is provided and the time the ballot is returned to the election official.
5. A candidate for office at that election may not act as a personal representative.
6. The clerk or designee may accept absentee ballot applications by personal representative at the Pioneer Home or local hospitals, if requested during the absentee voting period and polling hours.
C. Absentee Voting by Mail.
1. A qualified voter may apply to the municipal clerk for absentee voting by mail-in ballot.
2. An application for an absentee ballot by mail must be postmarked not more than ninety days nor less than seven days before an election for which the absentee ballot is sought.
(Ord. 00-1585 § 4, 2000; Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.210 Examination of elector.
The municipal clerk shall make an investigation of the applicant and shall be satisfied that any absentee ballot applicant is a duly qualified elector. (Ord. 83-557 § 4 (part), 1983.)
2.40.220 Issuance.
The municipal clerk shall deliver a ballot to the elector either personally, by a duly authorized representative, or by mail, and shall keep a register containing the number of ballots issued, the name of the elector and the date of delivery or mailing and date of receipt. The municipal clerk shall also deliver the following to the elector:
A. An envelope which shall have on the back a certification of voter eligibility, and shall have on the front the notation of a ballot enclosed.
“I, ______________, hereby certify that on the date of this general municipal election to be held in the City and Borough of Sitka, Alaska, I am an elector qualified to vote, and that I have herein enclosed my ballot for such election, duly marked in the presence of no other person.
___________________
Signed
___________________
Witness”
B. The municipal clerk shall issue rules and instructions to absentee voters to aid them in casting their ballots.
C. After receipt of an application by mail, the municipal clerk shall send the absentee ballot and other absentee voting material as outlined in this section to the applicant by first class mail service. The return envelope sent with the materials shall be addressed to the municipal clerk and marked “Ballot Enclosed.” It shall be the duty of the voter to append sufficient postage to the return envelope.
D. The municipal clerk shall maintain a record of each voter to whom an absentee ballot is sent by mail and the date of mailing.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.230 Casting absentee ballot.
Except for ballots issued under an application by physically disabled voters, ballots must either be personally delivered to the municipal clerk before the opening of the polls on election day or postmarked not later than election day. Ballots issued under an application by a physically disabled voter must be delivered to the municipal clerk or the appropriate election official not later than the hour set forth closing the polls on election day. (Ord. 83-557 § 4 (part), 1983.)
VII. Conduct of Elections
2.40.240 Municipal clerk’s rules.
The municipal clerk is authorized to fashion rules and procedures for the conduct of the election so long as they are not in conflict with this chapter. Such rules may include, but are not limited to, procedures followed by the election judges at the polling places and procedures for the counting of ballots. The clerk shall prepare a manual for the conduct of election judges and a manual of procedures for counting of ballots. Any person aggrieved by such procedures may appeal to the assembly. The assembly shall retain the right to change such rules and procedures by motion. (Ord. 83-557 § 4 (part), 1983.)
2.40.250 Election officials.
A. Election Supervisor. The municipal clerk shall be the election supervisor. The election supervisor shall conduct the election and have authority to take such actions as are necessary to carry out the intent of this chapter.
B. Judges. Prior to each election, the election supervisor shall appoint three judges for each polling place and at least three judges for the receiving board and data processing board. Up to three alternate judges may be designated for each polling place or board. One judge shall be designated chairman and shall be primarily responsible for administering the election in that precinct. If a judge is not able or refuses to serve on election day, an alternate shall serve in their place. Should additional need arise, the election supervisor may appoint a replacement. The assembly reserves the right to reject or disapprove election judges.
C. Clerks. The election supervisor may appoint up to three election clerks and up to three alternate clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges. Alternates may be appointed to the receiving and data processing boards.
D. Qualifications. Each election official serving at a precinct polling place must be a qualified voter and where practicable should reside within the precinct for which appointed.
E. Oath. The election officials shall take or subscribe to the following oath:
“I do solemnly swear (or affirm) that I will honestly, faithfully, and promptly perform the duties of election board member according to law; and that I will strive to prevent fraud, deceit, or abuse in conducting the election to the best of my ability, so help me God.”
F. Training Session. All election judges and clerks and alternates must attend a training session unless excused therefrom by the election supervisor. Any appointed official who fails to attend a training session without being excused will be subject to dismissal by the election supervisor, who shall notify the municipal administrator of the dismissal. The election supervisor is authorized to make an appointment to fill the vacancy caused by such dismissal from the alternate judges or clerks.
G. Compensation. Judges and clerks of election shall be paid such compensation for their services as is approved by the assembly,.
H. No candidate for that election may serve as an election official.
I. Certain familial relationships should not exist between candidates and election officials in any municipal election. 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.
If the election supervisor knows or learns that any of these relationships exist, the election official shall be notified and replaced.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.260 Dates and hours.
A. General Elections. A general election to elect officials and vote on propositions submitted by the assembly shall be held on the first Tuesday in October of each year.
B. Special Elections. Special elections may be called and held at any time by resolution or ordinance specifying the purpose for which the same will be held.
C. Hours. The polls shall be open in each precinct for the purposes of voting from seven a.m. to eight p.m. local time of each election day.
(Ord. 03-1713 § 4, 2003; Ord. 83-557 § 4 (part), 1983.)
2.40.270 Notice of election.
The municipal clerk, subject to any directions from the assembly, shall give at least thirty days’ notice of each general election and special election by posting notice thereof at a conspicuous place in the municipal building and by publishing the notice for three consecutive weeks in a newspaper of general circulation within the municipality. Notices may be posted in one public place in each precinct of the municipality. The notice shall state the offices to be filled, the purpose of the election, whether a general or special election, the ballot title of each measure to be voted upon, the time of the election and the polling place for each precinct. (Ord. 83-557 § 4 (part), 1983.)
2.40.280 Polling places and precincts.
The assembly shall initially designate by motion the polling places by number and location. The municipality shall use the precincts and their boundaries as designated by the state. If the designated polling place becomes unavailable, the municipal clerk may designate an alternate polling place. Such polling place designations shall be deemed continuing until changed by the assembly. (Ord. 83-557 § 4 (part), 1983.)
2.40.290 Election supplies and equipment.
A. The municipal clerk shall cause to be erected in the polling places a sufficient number of booths in which the voter may prepare their ballot screened from observation, and shall provide such supplies and conveniences as will enable the voter to vote their ballot.
B. The municipal clerk shall prepare and furnish:
Sample ballots
Official ballots (keeping strict record of the numbers of the ballots issued)
Registration books
State voter registration lists
Oaths for election board
Questioned ballot materials
Tally sheets if needed
Instructions to voters
Pens, pencils, forms, miscellaneous supplies as required by law
Rubber stamp marked “REJECTED” if needed
American flag
“VOTE HERE” sign
Suitable and sufficient numbers of ballot boxes, with padlock and keys
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.300 Instructions to voters.
A. Instructions to voters shall be printed under the direction of the municipal clerk on cardboard or heavy paper, and one copy of such instructions shall be posted on the front entrance at each polling place, in each room where polling booths are located and in each of the voting booths provided for the election.
B. The printed instructions to voters shall include at least the following information.
1. When entering a polling place, give your name and your residence address to the judges of the election.
2. If your name is found on the registration list and your vote is not questioned, sign the registration book and one of the judges or a member of the election board will hand you a ballot. If your name is not on the registration list, you can vote by the questioned ballot method.
3. If your vote is questioned, you will not receive a ballot until you have established your right to vote by completing and subscribing to an affidavit or your qualifications.
4. When you have received your ballot, retire at once, alone, into one of the voting booths and prepare your ballot for the ballot box by marking it.
5. At the top of a ballot you will find instructions for the marking of the ballot, and below the instructions you will find the names of all candidates for the respective offices to be voted upon under the proper heading of the respective offices to be filled. Do not vote your ballot in any way except as directed below and do not make any erasures.
6. To vote for a candidate fill in the oval to the right of the name on the ballot.
7. Do not vote for more candidates to any office than are to be elected to such office. If you do so, that portion of your ballot will be rejected.
8. Before leaving the booth, place your ballot in the secrecy sleeve provided to conceal marks you made on it.
9. After leaving the booth, insert the ballot into the ballot scanning system.
10. You will not be allowed to occupy a voting booth with another voter. You will not be allowed to occupy a booth for more than four minutes if others are waiting to vote.
11. You will not be allowed to take a ballot from the polling place except a sample ballot marked as such.
12. If two or more ballots are found folded together in the ballot box, neither will be counted. You will not be allowed to vote any ballot except the one you have received from the judge. If you spoil a ballot in preparing it, you must return it to the judge and ask for another in place of it, but in no case shall a voter be entitled to receive more than three ballots. Do not vote a torn or mutilated ballot.
13. If you are unable to mark your ballot for any reason which does not at the same time render you ineligible to vote, then, upon request, you will be assisted by an election official and this official will mark the ballot in the booth for you as directed by you. Intoxication will not be regarded as a physical disability and if intoxicated no assistance will be given in marking any ballot.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.310 Ballot box.
Before issuing any ballots, the election officials 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 locked and shall not be opened again or removed from the polling place until the pools have been closed. Ballot boxes shall be within plain view of the election officials and voters. (Ord. 83-557 § 4 (part), 1983.)
2.40.315 Voting procedure at polls.
A. Determination of Eligibility. The voters shall give the election officials their names and addresses and identification if requested. If it is determined that they are qualified voters of that precinct, they shall then place their signatures on the appropriate line in the registration book provided by the election supervisor. If any election official present believes the voter is not qualified the official shall immediately question the voter.
Registration is prima facie evidence of the voter’s qualification. However, it shall be the duty of election officials to challenge any voter who they believe is not qualified. Any election judge may question any person of doubtful qualification attempting to vote and may require identification of the voter. Any voter may be challenged by any qualified voter of the municipality; however, a person who frivolously, maliciously or in bad faith challenges a voter is guilty of a misdemeanor. A challenged voter may vote a questioned ballot if they execute the required affidavit.
B. Registration Book. A registration book shall be used. The voter signs the book and supplies all necessary information. The information shall be checked by the judges against the registration list of voters. The voter should fill out a voter registration form indicating any change of address.
C. Issuance of Ballot. If the voter is not questioned, or if they have complied with the questioned ballot procedure, the election official will issue to them the ballots to which they are entitled.
D. Marking of Ballot. Each voter shall retire alone to a booth or private area to vote their ballot. If a voter is blind or otherwise physically unable to mark their ballot alone, they may request assistance and it will be provided by an election official. Intoxication will not be regarded as a physical disability and if intoxicated no assistance will be given.
E. Deposit of Ballot in Box. Immediately after voting the ballot, the voter shall take the voted ballot to the ballot scanning system and insert the ballot into the top of the ballot box.
F. Damaged Ballots. If a voter improperly marks or otherwise damages a ballot, they shall return it to the election official, concealing the manner in which it is voted, and shall request a new ballot. The voter shall destroy the damaged ballot the election official shall issue a new ballot to the voter and record the stub number of the newly issued ballot. A voter may request replacement of a damaged ballot no more than three times.
G. Closing of Polls. Fifteen minutes before the closing of 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.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.317 Questioned ballots.
A. If a voter’s name does not appear on the official registration list in the precinct in which they seek to vote, they shall be allowed to vote a questioned ballot.
B. A person whose right to vote has been questioned will be issued a ballot if they first complete and subscribe, under oath administered by an election judge, an affidavit of their qualifications, gives other information requested to determine their eligibility to vote, signs the questioned ballot register giving their street address, mailing address, and voter registration number if known. They may then vote a questioned ballot.
C. Voters who cast a questioned ballot shall vote their ballots in the same manner as prescribed for other voters. The voter shall insert the ballot into an unmarked envelope or sleeve and put this into the larger envelope on which the affidavit was completed. These larger envelopes shall be sealed and deposited in the ballot box. The election supervisor shall provide forms and materials for this procedure.
D. When the ballot box is opened, these envelopes shall be segregated, counted, and compared to the questioned ballot register to determine the signatures equal the number of questioned ballot envelopes. The questioned ballots are delivered to the municipal clerk unopened. The merits of the questioned ballot shall be determined by the municipal clerk. Rejected questioned ballots shall not be opened. The clerk shall notify the voters of rejected questioned ballots of the reason for rejection so that the voter might repair the infirmity before the next election.
(Ord. 83-557 § 4 (part), 1983.)
2.40.320 Reports of unused and damaged ballots.
The numbers of ballots not issued shall be recorded, and all such ballots shall be destroyed by tearing off and discarding the lower portion of the un-voted ballot. The numbers of ballots damaged by voters and replaced pursuant to Section 2.40.315F shall also be recorded. The record of unused and damaged ballots shall be delivered to the election supervisor with other election materials. (Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.330 Counting ballots—Hand counted.
A. When the polls close, the election judges shall open the ballot boxes and segregate the questioned ballots. The number of regular and questioned ballots cast shall be checked with the registration lists to insure that the number of ballots cast agrees with the number of signatures in each registration book. Any discrepancy which cannot be resolved will be reduced to writing for delivery to the election supervisor. Upon direction of the election supervisor, the ballots may be further sorted, verified and fully or partially counted at the polling place or may be removed to a central counting area.
B. For purposes of counting, a ballot box may be removed from the room in which the election has been held. The ballots shall be transferred accompanied by at least two election officials. During transportation, the ballot boxes containing the ballots and registration books shall be locked. When the polls are closed and the ballot boxes are in the room where the counting is to take place, the judges shall open the ballot boxes and the counting of ballots shall commence. The opening of the ballot boxes and the counting of the ballots shall in all cases be in public.
C. Though the public may not be excluded from the general area in which ballots are counted, at the discretion of a majority of the judges, the public may be kept behind a guardrail or other natural or designated barrier in the same room to prevent interference with the election officials. If the public is kept behind such a barrier, each candidate or their designated agent and one person known to represent each side of any issue on the ballot shall be allowed to closely view the ballots as counted, but may not interfere with the mechanics of counting ballots. The election officials shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties.
D. The ballots, after having been counted and checked as herein provided, shall be taken out carefully, by the judges of election, who shall open them and read aloud the name of each person voted for; provided, that no more ballots be drawn from the box than shall tally exactly with the registration list. Questioned ballots shall be handled as prescribed in Section 2.40.317.
E. 1. The judges shall write down each office to be filled and the name of each person to be voted for such office, and they shall keep the number of votes by tallies as they are read aloud. The counting of votes shall be continued without interruption or adjournment until all are counted.
2. The municipal clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast so as to assure accuracy and expedite the process. No person handling ballots may have a marking device in hand other than a rubber stamp of rejectment. If a ballot has a section containing a vote erasure, or a marked out vote, or a multiple vote on a single issue, or if a voter has voted for more candidates than stated on the ballot, or the mark is not within the box provided, then so much of the ballot as displays such defects shall be stamped as rejected. Remaining portions of such a ballot which are not defective shall be counted.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.340 Counting ballots—Optically read ballots.
A. When the polls close, the election judges shall open the ballot box and remove the questioned ballots and place with questioned ballot register. The number of regular and questioned ballots cast shall be checked against the registration lists to insure that the numbers of ballots agree. Any discrepancy which cannot be resolved will be reduced to writing for delivery to the election supervisor.
B. The procedure of the election officials when the ballot boxes are opened until the ballots are transported to a counting room shall be open to public view and attendance.
C. The ballots shall be separated into three groups: regular ballots, questioned ballots, and write-in ballots. The regular ballots shall be placed in the voted ballot envelope and ballot transfer case for transportation to the election supervisor. Unlock the front compartment of the ballot box to show that all three compartments are empty.
The ballots containing the write-in votes shall be segregated and placed behind the regular ballots. The write-in votes may be counted at the polling place if authorized by the municipal clerk. The questioned ballots shall not be opened but counted, stacked, banded together, and placed in the special container for questioned ballots and then sealed. Upon delivery to the counting area the ballots shall be receipted for on a form supplied by the election supervisor.
When the tally of all votes has been completed, the voted ballots shall be sealed into containers and delivered to the municipal clerk to be preserved for two months.
Write-in Votes. No write-in candidates receiving less than fifty votes need be reported in the final certification of results.
(Ord. 98-1507 § 4 (part), 1998: Ord. 83-557 § 4 (part), 1983.)
2.40.350 Voting boards.
The election supervisor shall appoint a receiving board. The election supervisor shall appoint a chair and administer the oath prescribed for elections judges. A vacancy on the board shall be filled by the election supervisor. (Ord. 98-1507 § 4 (part), 1998: Ord. 83-557 § 4 (part), 1983.)
2.40.360 Use of computers.
The election supervisor shall designate the computers to be used in counting the ballots and may negotiate and contract with the state of Alaska or a private computer service for the needed computer services. (Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.370 Tests and security.
Logic and accuracy tests shall be performed as soon as ballots arrive from the printer. Processing of the test ballots shall check the following:
A. Pre-determined test deck results equal the test results printout;
B. Number of ballots in test deck equals number on public counter;
C. Proper information on the printout;
D. Counted ballots are in the proper ballot box compartment;
E. Ensure that ballots that are supposed to be rejected are (i.e., over-voted ballots).
(Ord. 98-1507 § 4 (part), 1998.)
2.40.380 Receiving center operation.
A receiving center official shall receive the ballots and have those who transported the ballots sign the ballot receipt log. The receiving center official will see that all forms from the precincts are properly filled out and all ballots are accounted for along with any other rules that may be promulgated by the municipal clerk. (Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.390 Counting ballots.
A. A failure to properly mark a ballot as to one or more candidates does not in itself invalidate the entire ballot.
B. A voter may mark the ballot with pencil or pen and ink. The marks will be counted only if they are substantially inside the ovals so as to indicate clearly that the voter intended the particular oval to be designated.
C. If a voter marks fewer names than there are persons to be elected to the office, the vote will be counted for each candidate properly marked.
D. If a voter marks more names than there are to be elected to office, the votes for that office will not be counted.
E. Improper marks on the ballot will not be counted and will not invalidate marks for candidates properly made.
F. Any erasures or correction invalidates only that section of the ballot on which it appears. Marks made on a ballot by a voter so as to identify it later will cause the entire ballot to be rejected.
G. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the printed name is for the same office and has also been marked or unless the election board determines on the basis of other evidence, that the ballot was so marked as to be for the purpose of identifying the ballot.
H. 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, mark the oval to the right of the written-in name.
I. Stickers bearing the candidate’s name may not be used on the ballot.
(Ord. 98-1507 § 4 (part), 1998: Ord. 83-557 § 4 (part), 1983.)
2.40.400 Certificates of returns.
When the tally of votes is complete, a certificate of return shall be prepared and signed by the election judges. (Ord. 83-557 § 4 (part), 1983.)
2.40.410 Preservation of ballot after counting.
A. Hand Counted Ballots. It shall be the duty of one of the judges after all ballots have been counted to place the voted ballots in the envelope provided and to place any numbered tabs in the envelope provided. The outside of each envelope shall be marked with the precinct number and signatures of all judges and date of election. Unopened questioned ballots will also be placed in the ballot box to be removed by the municipal clerk or authorized representative who shall keep same in a secure place until certification of the election by the assembly. After that time, the municipal clerk shall put the ballots in a sealed container and write thereon, “Ballots of the City and Borough of Sitka election held on __ day of ______, 19__” and keep same for at least two months, to be used only in case of contest or recount. Two months from the date of the election certification, it shall be the duty of the municipal clerk to destroy the ballots unless a contest has been instituted and is still pending at that time.
B. Optically Read Ballots. It shall be the duty of one of the judges at the receiving center to place the counted ballots in an envelope, sealed and signed by all of the judges. The envelope will be given to the municipal clerk for preservation the same as indicated in subsection A of this section.
(Ord. 98-1507 § 4 (part), 1998; Ord. 83-557 § 4 (part), 1983.)
2.40.420 Counting absentee and questioned ballots.
A. Adjudication on Absentee and Questioned Ballots. The municipal clerk shall judge the voter qualifications of those who cast absentee and questioned ballots. To be counted in the election, an absentee ballot must be postmarked no later than the date of election and be received by the municipal clerk before the opening of the absentee ballots. Ballot envelopes received after that time shall not be opened, but shall be marked “Invalid,” the date and hour of receipt noted thereon, and shall be preserved for two months with other ballots of the election.
B. The clerk shall appoint a time to open and count all absentee and questioned ballots that have been received. The clerk may delegate the opening and counting to qualified election judges. The opening will take place on the third day following the election (normally Friday for a Tuesday election). Absentee ballots received after the opening shall not be opened or counted.
C. Accepted questioned and absentee ballots shall be counted in the following manner: The ballots shall be removed from the identifying outer envelopes and shuffled thoroughly. The envelopes shall also be shuffled thoroughly and delivered to the municipal clerk to be preserved with other records of the election and destroyed in two months. The votes cast on these ballots shall then be counted in the same manner as were other ballots of the election. The clerk may delegate the actual counting to qualified election judges. The clerk shall give notice of the time of opening of absentee and questioned ballots and allow the public to be present and watch the counting.
(Ord. 11-27 § 4, 2011; Ord. 83-557 § 4(part), 1983.)
2.40.430 Election results.
The candidates receiving the greatest number of votes shall be certified elected to office by the assembly. In case of a tie, the election shall be determined by lot from among the candidates tying, at a meeting of the assembly and under its direction and instructions. (Ord. 83-5 57 § 4 (part), 1983.)
2.40.435 Registration books.
Within two months after the general election results have been certified, the municipal clerk will send the registration books, list of absentee voters, and questioned ballot register to the Elections Director in Juneau for the recording of voter history. A voter registration book, list of absentee voters and questioned ballot register from a special election may be destroyed two months after election results have been certified. (Ord. 83-557 § 4 (part), 1983.)
VIII. Certification of Election
2.40.440 Assembly certification.
At the first regular meeting of the assembly after the election, the assembly shall meet and certify the returns. The certification may be postponed for cause as determined by the assembly from day to day, but not exceeding three postponements. The certification shall be by motion duly made, seconded and passed and the results shall be set forth in the minutes of the meeting. In the case of a recount, the certification of the recount may be postponed until the next regular assembly meeting following the recount. Upon certification, the clerk may issue a written certificate of election to the winning candidates.
The certification of all election returns shall be made in public by examining the judges’ certificates of returns and compiling these along with the count of valid absentee and challenged ballots or, at the discretion of the assembly, an actual recount may be undertaken after due notice to candidates. (Ord. 83-557 § 4 (part), 1983.)
2.40.450 Record of results.
A. The results of all elections shall be noted in the minutes of the assembly. The record shall contain a statement of:
1. The total number of votes cast at each election and in each precinct;
2. The votes cast for each person and for and against each proposition;
3. The name of each person elected to office and the office to which elected;
4. A reference to each measure enacted or rejected.
B. The election certificate shall contain such information as:
1. Total number of votes cast at each election;
2. Total number of votes cast in each precinct;
3. Total number of absentee ballots;
4. Total number of questioned ballots;
5. Total number of questioned ballots allowed to be voted;
6. Total number of rejected ballots;
7. Names of those elected to office and the office to which elected;
8. Issues on the ballot, whether enacted or rejected and how many votes for and against.
(Ord. 83-557 § 4 (part), 1983.)
2.40.460 Certificate of election.
Immediately after the assembly certification is completed, the municipal clerk shall make and sign a general certificate of election to be filed as a permanent city record along with a sample ballot and a certificate of election of each person elected and deliver the certificate to them. A certificate so made shall be prima facie evidence of the truth of the statements contained in it. The municipal clerk shall also certify the results on all questions submitted. No person may take office before taking the Oath of Office and delivering an executed copy thereof to the municipal clerk. (Ord. 83-557 § 4 (part), 1983.)
IX. Contested Elections
2.40.470 Notice of election contest.
Any person who believes prohibited practices have occurred at an election may deliver to the municipal clerk prior to the time for the certification, a written notice of contest signed under oath, wherein shall be stated the ground for contest and citation of all alleged prohibited practices. The notice shall be in approximately the following form:
NOTICE OF ELECTION CONTEST
The undersigned believes that the following prohibited practices occurred at the election held on ____________. The undersigned states that the following persons violated _________ in the following manner _______________________ _____________________________________________________________________________________________________________
Signature of Person Contesting
SUBSCRIBED AND SWORN to before me this __ day of ___________, 19__.
_____________________
Notary Public
The municipal clerk shall apprise the assembly of receipt of the notice before certification of the returns has commenced. (Ord. 83-557 § 4 (part), 1983.)
2.40.480 Investigation of protests.
Upon receiving such duly and timely filed notice of contest, the assembly shall order an investigation to be made by the municipal attorney, municipal clerk, and municipal administrator. The contestant, the person whose election is contested, the persons accused of violations and the public shall be allowed to attend all investigation proceedings which shall be conducted publicly. If the assembly so determines, the certification of the contested position may be delayed until the next regular assembly meeting following determination of the contest. (Ord. 83-557 § 4 (part), 1983.)
2.40.490 Recount.
If the contestant demands only a recount of the ballots cast at the election, the investigation (which shall be conducted in accordance with Section 2.40.480) shall be limited in its scope to a recount of the ballots of the precinct which allegedly made the error. The results of such recount shall be reported forthwith to the assembly. Only the races or propositions being investigated need be recounted. (Ord. 83-557 § 4 (part), 1983.)
2.40.500 Costs.
A. The notice shall be accompanied by a deposit in an amount estimated by the municipal clerk to be sufficient to cover costs to be incurred by the investigation or recount, but not to exceed two hundred dollars. However, if the request is for only a recount of votes for an office for which candidates received a tie vote, or the difference between the number of votes cast was five or fewer, or was less than one percent of the total number of votes cast for that position or proposition, no deposit is required. The assembly may at its own discretion order a recount of close races.
B. If, upon investigation or recount, the contentions of the person filing the notice are proven to be correct, the entire deposit shall be refunded. If the contentions of the person filing the notice are proven to be incorrect, the municipal clerk shall refund any money remaining after the costs have been paid.
C. The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant if the recount fails to reverse any result of the election or if the difference between the winning and a losing vote on the result contested is more than two percent.
(Ord. 83-557 § 4 (part), 1983.)
2.40.510 Appeal.
No person may appeal or seek judicial review of an election for any cause or reason unless the person is qualified to vote in the municipality, has exhausted their administrative remedies before the assembly and has commenced, within ten days after the assembly has finally declared the election results, any action in the Superior Court in the judicial district in which the municipality is located. If no action is commenced within the ten-day period, the election and election results shall be conclusive, final, and valid in all respects. The period for judicial challenge shall be thirty days for those matters set out in Section 12.06 of the Municipal Charter. (Ord. 83-557 § 4 (part), 1983.)
X. Prohibited Practices
2.40.520 Prohibited practices.
A. Prohibition of Political Persuasion. During the hours the polls are open, no person who is in the polling place or within two hundred feet of the entrance thereto may attempt to persuade any person to vote for or against any candidate, proposition, or question. Election judges shall post warning notices on the front entrance of each polling place to this effect on forms provided by the municipal clerk. Election officials may not discuss candidates or issues on the ballot while working at the polls or within two hundred feet of the entrance.
B. Under Influence by Force. Any person who directly or indirectly uses or threatens to use force, coercion, violence, or restraint, or who inflicts or threatens to inflict damage or harm upon or against any person to induce or compel the person to vote or refrain from voting for any candidate in any election or for any election proposition or question or to sign or not to sign any initiative or referendum is guilty of a misdemeanor.
C. Undue Influence by Offer.
1. Any person who gives or promises to give, or offers money or a valuable thing to any persons with the intent to induce them to vote for or refrain from voting for any candidate at any election or for any election proposition or question, or to sign or not to sign any initiative or referendum petition is guilty of a misdemeanor.
2. The providing of refreshments of any nature on election day by any candidate, political party, or those acting for them or identified with them shall be within the above stated prohibition.
3. The providing of refreshments of any nature by any person seeking to induce others to sign or not to sign any petition for initiative or referendum shall be within the above stated prohibition.
D. Improper Subscription to Petition. Any person who signs any name other than their own to a petition proposing an initiative, referendum, or recall, or who knowingly signs their name more than once for the same proposition or question at one election, or who signs the petition knowing they are not a qualified voter shall be guilty of a misdemeanor.
E. Under Influence of Election Official. Any person who by force, threat, intimidation, or offers of reward induces or attempts to induce any election official to fail in their duty, shall be guilty of a misdemeanor.
(Ord. 83-557 § 4 (part), 1983.)
XI. Penalty
2.40.530 Penalty.
A. Violation of this chapter, wherever herein designated to be a misdemeanor, shall be punished by fine of not more than one thousand dollars, or by imprisonment for not more than thirty days, or by both.
B. Other violations of this chapter shall be punished by a fine of not more than two hundred dollars.
(Ord. 83-557 § 4 (part), 1983.)