Chapter 4.12
CANDIDATES
Sections:
4.12.010 Candidate qualifications.
4.12.020 Nominations of candidates—Mayor and council.
4.12.030 Nominations of candidates—Procedure.
4.12.040 Determination of eligibility of candidate.
4.12.045 Write-in candidates.
4.12.050 Nominations—Notice of vacancies in office.
4.12.060 Nominations—Public officials financial disclosure statement.
4.12.070 Corrections, amendments and withdrawal of declarations of candidacy.
4.12.010 Candidate qualifications.
Any person is eligible for city office if the person is a qualified voter of the city and meets state and city requirements for the office.
A. Candidates for council seats shall reside in the city and meet the requirements of Chapter 2.04.
B. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the election, to be recognized as a candidate for any election. (Prior code § 18.15.010)
4.12.020 Nominations of candidates—Mayor and council.
A. Nominations by Petition. Nominations for elective office shall be made by petition of ten (10) registered voters qualified to vote in city elections. Each sponsor signing a petition shall state on the petition the sponsor’s residence address.
B. Requirements for Petition. The nominating petition shall include:
1. The full name of the candidate;
2. The full residence and mailing address of the candidate;
3. The day and evening telephone numbers of the candidate;
4. The office for which the candidate is nominated;
5. A statement that the sponsors are qualified voters of the city;
6. A statement that the sponsors request that the candidate’s name be placed on the ballot;
7. The name of the candidate as the candidate wishes it to appear on the ballot;
8. The date of the election at which the candidate seeks election;
9. A certification by the candidate which shall include statements:
a. That the candidate is a qualified voter,
b. That the candidate is a resident of the city,
c. That the candidate meets or shall meet, as required by law, the specific requirements of the office the candidate is seeking,
d. That the candidate accepts the nomination and a statement that the candidate shall serve if elected,
e. That if the candidate chooses to withdraw, the withdrawal will be submitted to the city clerk in writing and signed by the candidate by the last day of the filing period,
f. That the information in the nominating petition is true and accurate, and
g. The date and notarized signature of the candidate. (Prior code § 18.15.020)
4.12.030 Nominations of candidates—Procedure.
A. Packets containing nominating petitions shall be available from the clerk’s office beginning on the day the filing period opens. The packets shall remain available throughout the filing period. Nominating petitions shall be completed and filed with the clerk no earlier than eight a.m., seventy-eight (78) calendar days before a regular election and no later than five p.m., sixty-seven (67) calendar days before a regular election; and no earlier than eight a.m., sixty-four (64) calendar days before a special election and no later than five p.m., fifty-three (53) calendar days before a special election. Nominating petitions shall be submitted in original form and shall not be submitted by facsimile. All nominating petitions in proper form which are not withdrawn by the candidate shall be preserved by the clerk and eventually destroyed as provided by the records retention policies promulgated by the clerk.
B. Persons seeking elective office shall request a nominating petition from the clerk for the specific seat which they are seeking. If the person chooses to run for a different seat, a nominating petition for that seat shall be filed with the clerk’s office. A nominating petition for a particular seat may not be substituted for another office or seat.
C. Within four business days after filing a nominating petition the clerk shall notify the candidate named in the nominating petition as to whether it is in proper form. If not, the clerk shall immediately return the nominating petition to the candidate with a statement certifying how the nominating petition is deficient. (Ord. 04-24(SUB) § 2, 2004; prior code § 18.15.030)
4.12.040 Determination of eligibility of candidate.
A. The clerk shall determine whether each candidate for municipal office is qualified as provided by law. At any time before the election the clerk may disqualify any candidate whom the clerk finds is not qualified.
B. Any person, including the clerk, may question the eligibility of a candidate who has filed a nominating petition with the clerk by filing a complaint with the clerk. The complaint must be received by the clerk no later than five p.m., three calendar days after the filing period closes.
C. The complaint must be in writing and include the name, mailing address, contact phone number, signature of the person making the complaint, and a statement describing the grounds on which the candidate’s eligibility is being questioned.
D. The clerk will review only those issues in the complaint related to candidate qualifications.
E. Upon receipt of a complaint, or if the clerk questions the eligibility of the candidate, the clerk will send notification in writing to the candidate.
F. The clerk will review any evidence relevant to the candidate’s qualifications, including the candidate’s registration, nominating petition, and any other document of public record on file with the state. Based on the review of the public documents, the clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate.
G. If the clerk determines the preponderance of evidence supports the eligibility of the candidate, the clerk will issue a final determination supporting the candidate’s eligibility.
H. If the clerk determines the preponderance of evidence does not support the candidate’s eligibility, notice to the candidate will identify any additional information or evidence that must be provided by the candidate. The clerk must receive the requested information no later than three calendar days from the date of notice. The clerk will consider any additional information provided and issue a final determination as to the candidate’s eligibility no later than three calendar days from receipt of the additional information.
I. If the information requested by the clerk in subsection H of this section is not received by the specified deadline, the clerk will issue a final determination regarding the candidate’s eligibility based on the information initially reviewed.
J. The clerk will send notice of final determination in writing to the person making the complaint, if applicable, and to the candidate. The determination of the clerk is final. (Prior code § 18.15.035)
4.12.045 Write-in candidates.
A. Votes for a write-in candidate for elective city office will not be counted unless the candidate has filed a letter of intent with the clerk stating:
1. The full name of the candidate;
2. The full residence and mailing addresses of the candidate;
3. The day and evening telephone numbers of the candidate;
4. The office and seat, if applicable, to which the candidate seeks election;
5. The name of the candidate as the candidate wishes it to be written in on the ballot by the voter;
6. The date of the election at which the candidate seeks election;
7. A certification by the candidate that the candidate:
a. Is a qualified voter;
b. Is a resident of the city;
c. Qualifies, or shall qualify as of the date of election, for the office to which the candidate seeks election;
d. Shall serve if elected; and
e. Is not a candidate for any other office to be voted on at the election;
8. A certification by the candidate that the information in the letter of intent is true and accurate; and
9. The date and notarized signature of the candidate seeking office.
B. A letter of intent under subsection A of this section must be filed with the clerk not earlier than the day immediately following the last day of the filing period for nominating petitions for the election under Section 4.12.030(A), and not later than five p.m. on the day before the election. (Ord. 03-15 § 2, 2003)
4.12.050 Nominations—Notice of vacancies in office.
At least ten (10) calendar days before nominations are open for each regular or special election, the clerk shall publish twice in one or more newspapers of general circulation in the city a notice of offices to be filled at the election and the manner of making nominations. (Prior code § 18.15.040)
4.12.060 Nominations—Public officials financial disclosure statement.
A. A person shall file an Alaska Public Offices Commission Public Officials Financial Disclosure Statement with the clerk in accordance with AS 39.50:
1. At the time the person files a nominating petition as a candidate for elective city office under Section 4.12.030(A);
2. At the time the person first states publicly that the person will seek elective city office, if the person’s name does not appear on the ballot. A letter of intent filed under Section 4.12.045 is a public statement that the person filing the letter of intent will seek elective city office.
B. The clerk will not accept a nominating petition under Section 4.12.030 or a letter of intent under Section 4.12.045 unless the person filing the nominating petition or letter of intent has complied with the applicable requirement in subsection A of this section. (Ord. 03-15 § 3, 2003: prior code § 18.15.050)
4.12.070 Corrections, amendments and withdrawal of declarations of candidacy.
A. A candidate may correct, amend or withdraw from nomination at any time during the period of filing a nominating petition by written notice, signed by the candidate, to the clerk. After the filing period has closed, no nominating petition may be corrected, amended or withdrawn.
B. If a candidate desires to run for a different office or seat, the candidate shall request a new nominating petition form from the clerk and meet the requirements of Section 4.12.030. (Prior code § 18.15.060)