Chapter 4.04
GENERAL PROVISIONS
Sections:
4.04.010 Definitions.
4.04.020 Incorporation of state and federal laws.
4.04.030 Powers and duties of the clerk.
4.04.040 Regular election.
4.04.050 Special election.
4.04.060 Run-off election.
4.04.070 Initiative, referendum and recall.
4.04.090 Propositions and questions.
4.04.100 Nonpartisan requirement.
4.04.110 Sale of liquor on election day.
4.04.120 Use of public moneys to promote passage of ballot propositions—Prohibited.
4.04.130 Simple majority—Prohibition on run-off elections.
4.04.010 Definitions.
When used in this title, the following words and phrases shall have the meanings set forth in this section:
“Clerk” means city clerk or 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 official” includes election officials approved by the council under Section 4.16.030, canvass board, review board, counting teams, receiving teams, the clerk, and the clerk’s office staff.
“Immediate family” means a candidate’s grandparents, parents, children, grandchildren, siblings, spouse, spouse’s children, spouses of children, or a regular member of the candidate’s household.
“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.
“Questioned voter” means a voter:
1. Whose name does not appear on the register in the precinct where the voter attempts to vote;
2. Who has received an absentee ballot and does not turn it in when voting at the voter’s precinct on election day;
3. Who does not bear identification or is not personally known to an election official though the voter’s name appears on the precinct register; or
4. Who is questioned for good cause at the polls in writing pursuant to Section 4.24.070.
“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 which that person seeks to vote thirty (30) calendar days prior to the city election.
“Regular ballot” means a ballot voted at the polls which is not a questioned or an absentee ballot.
“Regular election” means the city election held on the first Tuesday of October annually, unless a different date or interval of years is provided by ordinance.
“Run-off” means any election held if no candidate receives more than forty (40) percent of the votes cast for the office of mayor.
“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. 08-29 § 4, 2008; Ord. 02-22 § 2, 2002; Ord. 01-16(SUB) § 2, 2001; prior code § 18.05.010)
4.04.020 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. (Prior code § 18.05.020)
4.04.030 Powers and duties of the clerk.
The clerk shall supervise all municipal elections and shall determine whether candidates for municipal office are qualified in accordance with this title. (Prior code § 18.05.025)
4.04.040 Regular election.
A. The date of the regular election shall be annually on the first Tuesday of October.
B. The council may provide for different dates for regular election by ordinance. (Prior code § 18.05.030)
4.04.050 Special election.
The council may call a special election at any time at least seventy-five (75) calendar days prior to the date of the election. Notice of the special election shall be made in accordance with Section 4.16.020. (Prior code § 18.05.040)
4.04.060 Run-off election.
A run-off election shall be held within four weeks after the date of certification of the election for which a run-off is required. (Ord. 02-22 § 3, 2002: prior code § 18.05.050)
4.04.070 Initiative, referendum and recall.
A. The powers of initiative and referendum reserved by the state constitution to the people of the state are also reserved to the people of the city of Wasilla as provided by state law.
B. Any elected official of the organized city may be recalled as provided by state law. (Prior code § 18.05.060)
4.04.090 Propositions and questions.
An ordinance placing propositions and questions before the voters must be adopted not later than fifty-three (53) calendar days before a regular election, or sixty (60) calendar days before a special election. (Prior code § 18.05.080)
4.04.100 Nonpartisan requirement.
All city elections shall be nonpartisan. (Prior code § 18.05.090)
4.04.110 Sale of liquor on election day.
The provisions of A.S. 04.16.070 that prohibit the sale, barter, giving, consumption or disposal of alcoholic beverages within licensed premises on a city election day until the polls have closed, do not apply in the city. (Ord. 02-22 § 5, 2002: Prior code § 18.05.100)
4.04.120 Use of public moneys to promote passage of ballot propositions—Prohibited.
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” means 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 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 city personnel in public discussions, or interviews with news media, relating to proposed ballot propositions or bond issues;
3. The city administration may prepare and disseminate an informational brochure regarding propositions or bond issues placed on the ballot by the city council which accords reasonably equal presentation of facts supporting and opposing the proposition or bond issue.
C. 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 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 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.
E. 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. (Prior code § 18.05.110)
4.04.130 Simple majority—Prohibition on run-off elections.
A. Each city office, other than the office of mayor, shall be filled by the candidate receiving the greatest number of votes.
B. A run-off election for the office of mayor shall be held if no candidate for mayor receives more than forty (40) percent of the votes cast. The run-off election shall be between the two candidates receiving the greatest number of votes. (Ord. 02-22 § 6, 2002: Prior code § 18.05.120)