Chapter 2.24
VOTING PROCEDURES
Sections:
2.24.060 Election supplies and equipment.
2.24.080 Keeping of original register.
2.24.090 Procedures at the polls.
2.24.110 Questioning of voters of suspect qualification.
2.24.120 Disposition of questioned votes.
2.24.010 Election officials.
The election officials shall consist of the borough clerk who shall be the election supervisor and the election board one of whom shall be designated as the chair. The election supervisor shall, before the date of the election, appoint from the qualified voters of the municipality at least three (3) election judges (the election board).
(Ord. 08-14, Amended, 04/17/2008; Ord. 03-03, Amended, 06/01/2003; Ord. 98-01, Amended, 02/05/1998; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.020 Oaths of officials.
The election officials shall each take the oath as hereinafter stated, which shall be administered by the borough clerk (or in the borough clerk’s absence by the deputy clerk or by any official authorized by state law to administer oaths), which oath shall be substantially in the following form:
I do solemnly swear that I will honestly, faithfully, and promptly perform the duties of office as provided by SMC Title 2 to the best of my ability.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Amended, 02/05/1998; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.030 Chair.
The chair shall have authority to administer all necessary oaths and affirmations which may be required during the election. He shall also have power during the election to fill any vacancy which may occur among precinct election officials until their duties have been completed.
(Ord. 03-03, Amended, 06/01/2003; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.040 Training sessions.
The election supervisor may schedule training sessions for election officials.
(Ord. 08-14, Amended, 04/17/2008; Ord. 03-03, Repealed & Replaced, 06/01/2003; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.050 Ballots.
A. The borough clerk shall cause election ballots to be prepared in a form to facilitate fairness, simplicity and clarity in the voting procedure; to reflect most accurately the intent of the voter; and to expedite the administration of elections. Ballots shall be numbered in series, to assure simplicity and secrecy and to prevent fraud. The borough clerk shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters of form not provided by law.
B. The borough clerk may not include on the ballot as a part of a candidate’s name, any honorary or assumed title or prefix but may include in the candidate’s name any nickname or familiar form of a proper name of the candidate. All candidates for the same office shall be shown on one (1) ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office, and provision shall be made for write-ins equal in number to the positions to be filled. On the ballot between the title of the office and the names of the candidates shall be placed the instruction "Vote for One" or "Vote for Two," as the case may be. The phrases "for one-year term," "for two-year term" and/or "for three-year term," as the case may be, shall be placed after the titles of the officers on the ballot as necessary to identify vacancies on the borough assembly being filled at an election.
C. Following the offices and candidates there shall be placed on the ballot or on separate ballots, as the election supervisor may determine all propositions or questions to be voted upon. The words "For" and "Against" shall be placed below the statement of each proposition or question. The election supervisor may determine the number of ballots to be used to present all offices, propositions and questions to the qualified voters of the municipality.
D. Prior to sending the proofs of the ballots to the printer for printing of the final ballots, the election supervisor shall provide candidates an opportunity to inspect the ballot proofs for correctness. The opportunity for inspection shall extend over a five (5) day period, and the election supervisor shall give notice of the inspection opportunity by posting notice, of the availability of ballot proofs for inspection, in two (2) conspicuous places within the municipality. Any error called to the election supervisor’s attention shall be corrected before the proofs are returned to the printer.
(Ord. 08-14, Amended, 04/17/2008; Ord. 03-03, Amended, 06/01/2003; Ord. 99-17, Amended, 07/01/1999; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.060 Election supplies and equipment.
A. Before the opening of the polls, the borough clerk shall furnish to the election board a voter registration roll and shall equip and supply each polling place with sufficient materials for the election.
B. The borough clerk shall prepare instructions explaining to the voters how to obtain ballots, how to mark them, how to obtain information from election officials, 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 the polling place. The borough clerk shall have sample ballots printed on colored paper identical in form to the official ballots to be used in each election and shall make such sample ballots available in the polling place according to the official ballot types bearing offices and propositions to be voted upon at the polling place. Sample ballots of all types shall be made available to the public in the borough clerk’s office.
C. The borough clerk shall provide voting 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 of the voting booths in plain view of the election officials, voters and other persons at the polling place.
(Ord. 08-14, Amended, 04/17/2008; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.070 Election hours.
On the day of election, the election board shall open the polls for voting at 7:00 a.m., and the polls shall remain open until 8:00 p.m. The election board members shall report to the polling place no later than 6:30 a.m. on Election Day. The hours shall be determined by the standard time, or daylight saving time, that is applicable to the polling place. Immediately after the opening of the polls and before receiving any ballots, one (1) member of the election board shall proclaim from the door of the polling place that the polls of such election are open. Fifteen minutes before closing, one (1) member of the election board shall announce the present time and the time of closing the polls. At 8:00 p.m. one (1) member of the election board shall proclaim from the door of the polling place that the polls of such election are closed, and no votes or ballots shall be received thereafter. Voters in line at the polling place at 8:00 p.m. shall be allowed to vote.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Amended, 02/05/1998; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/131984)
2.24.080 Keeping of original register.
The election board shall keep an original register in which each voter, before receiving his ballot, shall sign his name and give both his residence and mailing address. The signing of the register constitutes a certification by the voter that he is qualified to vote.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Amended, 02/05/1998; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.090 Procedures at the polls.
A. Ballot Box. 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 to demonstrate that it is empty. The ballot box shall then be closed and shall not be opened again or removed from the polling place until the polls have closed.
B. Prohibition of political discussion or persuasion. During the hours that the polls are open, a member of the election board may not discuss any political party, candidate or issue. During the hours the polls are open, a person who is in the polling place or within 200 feet of any entrance to the polling place may not attempt to persuade a person to vote for or against a candidate, proposition or question. The election board shall post warning notices at the required distance in the form and manner prescribed.
C. Voters on the official registration list. An election board member in a precinct shall allow a voter on the official registration list to vote in the precinct unless the voter is questioned in accordance with Chapter 24 Section 100 of this title.
D. Voter identification at polls. Before being allowed to vote, each voter shall exhibit to an election board member one form of identification, including but not limited to an official voter registration card, driver’s license, birth certificate, passport, or hunting or fishing license. An election board member may waive the identification requirement if the election board member knows the identity of the voter. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.
E. Providing ballot to voter. When the voter has qualified to vote, the election board member shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot.
F. Assisting voter by an election board member. A qualified voter who cannot read, mark the ballot, or sign the voter’s name may request that an election board member, a person, or not more than two persons of the voter’s choice to assist. If the election board member is requested, the election board member shall assist the voter. If any other person is requested, the person shall state upon oath before the election board member that the person will not divulge the vote cast by the person assisted.
G. Disposition of improperly marked ballot. If a voter improperly marks or otherwise damages a ballot, the voter may request and the election board shall provide another ballot, with a maximum of three, and the board shall record the number of the improperly marked or damaged ballot and destroy it immediately without examining it.
H. Placing ballot in ballot box by voter. When the voter has marked a ballot, the ballot shall be deposited in the ballot box by the voter in the presence of an election board member unless the voter requests the election board member to deposit the ballot on the voter’s behalf. Separate ballot boxes may be used for separate ballots.
I. Prohibiting the leaving of the polling place with ballot. A voter may not leave the polling place with the official ballot that the voter received to mark.
J. Prohibiting the exhibition of marked ballots. Subject to subsection F above, a voter may not exhibit the voter’s ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.
K. Prohibiting the identification of ballots. An election official may not open any ballot received from a voter, or 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.
L. Prohibiting the count of exhibited ballots. An election official may not allow a ballot to be placed in the ballot box that the official knows to have been unlawfully exhibited by the voter. A ballot unlawfully exhibited shall be recorded as a spoiled ballot and destroyed.
(Ord. 08-14, Amended, 04/17/2008; Ord. 99-17, Amended, 07/01/1999; Ord. 84-13 § 4 (part), Repealed & Replaced, 09/13/1984)
2.24.100 Questioned voter.
If a voter’s name does not appear on the official registration list in the precinct in which the voter seeks to vote, the election board member shall affirmatively advise the voter that the voter may cast a questioned ballot and the voter shall be allowed to place his name on a questioned ballot register and vote a questioned ballot.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Added, 02/05/1998)
2.24.110 Questioning of voters of suspect qualification.
Every election board member 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. All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person before voting shall subscribe to an oath or affirmation in a form provided by the election supervisor 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. The questioned person living in the precinct where offering to vote and the length of time of residence in the former place. 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 may not vote.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Added, 02/05/1998)
2.24.120 Disposition of questioned votes.
A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement the voter 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 questioned ballot register, and delivered to the election supervisor. The merits of the question shall be determined by the canvass board in accordance with the procedure prescribed under Chapter 8 of this title.
(Ord. 08-14, Amended, 04/17/2008; Ord. 98-01, Added, 02/05/1998)