Chapter 4.24
VOTING PROCEDURES
Sections:
4.24.010 Prohibition of political discussion by election official.
4.24.020 Prohibition of political persuasion near polls.
4.24.030 Poll watchers.
4.24.040 Ballot box security.
4.24.050 Keeping of register.
4.24.060 Providing ballot to voter and procedure for voting.
4.24.070 Questioned ballots—Issuance.
4.24.080 Ballots damaged by voter.
4.24.090 Assistance to voters.
4.24.100 Closing of polls.
4.24.110 Forms completion—Unused ballots.
4.24.120 Opening ballot box.
4.24.130 Ballot container delivery.
4.24.010 Prohibition of political discussion by election official.
During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty. (Prior code § 18.30.010)
4.24.020 Prohibition of political persuasion near polls.
A. During the hours the polls are open, no person who is in the polling place or within two hundred (200) feet of any entrance of the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question, nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition. For the purposes of this section, the entrance to a polling place is the entrance to the building. The election board shall post warning notices in the form and manner prescribed by the clerk.
B. Any literature that a candidate, group or person intends to distribute at a polling place or within two hundred (200) feet of any entrance of a polling place shall have the literature reviewed and approved for distribution by the clerk thirty (30) calendar days prior to a regular or special election. (Prior code § 18.30.020)
4.24.030 Poll watchers.
A. Each candidate, or organized group that sponsors or opposes an issue, may designate one person at a time to be a poll watcher in each precinct.
B. A person wishing to serve as a poll watcher shall request authorization from the clerk. The authorization must include:
1. The name of the person to act as a poll watcher;
2. The name of the candidate, group, or organization the poll watcher is representing;
3. The date of the election; and
4. The precinct the poll watcher wishes to observe.
C. The poll watcher must present authorization as defined in subsection B of this section to the election official upon request. The poll watcher will be provided an area to view all actions of the election board. Without the proper authorization, the election official is empowered to ask a poll watcher to leave the polling place.
D. Persons observing may:
1. Observe the conduct of the election; and
2. Check the polling booths after each
voter to make sure campaign materials have not been left in the booth.
E. Persons observing may not:
1. Have any duties in the conduct of the election;
2. Be allowed to touch any of the election materials; or
3. Interfere or disturb the orderly conduct of the election. (Prior code § 18.30.030)
4.24.040 Ballot box security.
Before receiving any ballots, the election board shall, 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 shall be sealed with a security device. The box shall not be opened again, and shall not be removed from the polling place, nor from the presence of persons assembled at the polling place, until after the polls have finally closed. (Prior code § 18.30.040)
4.24.050 Keeping of register.
The election board shall keep a register in which each voter’s signature, residence and mailing address shall be entered before the voter receives a ballot. A record shall be kept in the register in the space provided of the names of persons who offered to vote but who actually do not vote, and a brief statement of explanation. The signing of the register shall constitute a declaration that the voter is qualified to vote. (Prior code § 18.30.050)
4.24.060 Providing ballot to voter and procedure for voting.
A. An election official shall provide each qualified voter with an official ballot, and the voter shall mark the ballot in private. After the voter has marked the ballot, the voter may deposit the ballot in the ballot box.
B. A voter may not leave the polling place with the official ballot that the voter received to mark. Subject to Section 4.24.090, 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. (Ord. 01-16(SUB) § 10, 2001: prior code § 18.30.055)
4.24.070 Questioned ballots—Issuance.
A. If a voter’s polling place is in question, the voter may vote a questioned ballot after complying with subsection C of this section.
B. Every election official and any other person qualified to vote 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 qualification to vote shall be made in writing, setting out the reason that the person has been questioned. The questioned ballots and statements shall remain in the election official’s custody and shall be delivered to the clerk. The clerk shall deliver the questioned ballots and statements to the canvass board for canvassing.
C. Before voting, a person whose qualification to vote is questioned or whose name does not appear on the official register shall execute a certification on a form provided by the election official attesting to the fact the person is at least eighteen (18) years of age, is a United States citizen, is a resident of Alaska, is not registered to vote in a different state or has taken the necessary steps to cancel that registration, is or has been a registered voter in Alaska at some time in the last four years or is newly registering, is not disqualified, and has not voted at the same election. The person may vote after executing the certification.
D. After voting, the questioned voter shall deliver the ballot to the election official. The person must take an oath before an election official not to divulge how the voter cast the ballot. (Ord. 02-22 § 15, 2002; Ord. 01-16(SUB) § 12, 2001: prior code § 18.30.090)
4.24.080 Ballots damaged by voter.
If a voter mutilates, improperly marks, spoils or otherwise damages the voter’s ballot, the voter may request and the election official shall provide another ballot upon the voter returning the damaged ballot to the election official. The election official shall record the replacement ballot number on the ballot accountability form and return the spoiled ballot unexamined to the voter who shall destroy and discard it immediately in the presence of an election official. A voter may obtain a maximum of three replacements for each ballot under this procedure. (Ord. 04-24(SUB) § 7, 2004; prior code § 18.30.080)
4.24.090 Assistance to voters.
Non-English speaking voters, voters who are blind, physically impaired, or otherwise incapable of marking a ballot, may bring a person, or if necessary two persons, of their choice with them to the poll, or before an election official, to assist the voters in casting their ballots. The persons assisting the voter may not be a candidate for office in that election, an immediate family member of the candidate for office in that election, the voter’s union. If an election official is requested, the election official shall assist the voter. If a person, other than an election official is to provide assistance, the person must take an oath before an election official not to divulge how the voter cast the ballot. (Ord. 01-16(SUB) § 12, 2001: prior code § 18.30.090)
4.24.100 Closing of polls.
Fifteen (15) minutes before and at the time of closing of the polls, an election official shall announce the time and the time of closing the polls. Every qualified voter present and in line at the time prescribed for closing the polls may vote. (Prior code § 18.30.100)
4.24.110 Forms completion—Unused ballots.
A. The serial numbers of the ballots not voted, the total number of the ballots not voted, and all ballots mutilated or spoiled by voters shall be recorded by an election official. The top portions of all unvoted ballots, including one-half of the ballot, shall be returned to the clerk. The record of ballots not voted, and the ballots mutilated or spoiled by voters, shall be delivered by the election official to the clerk.
B. All supplies, completed forms, and other papers shall be delivered to the clerk. (Prior code § 18.30.110)
4.24.120 Opening ballot box.
A. After destroying the unvoted ballots, an election official shall, in full view of all persons assembled at the polling place, open the secured ballot box and segregate the questioned ballots, the absentee ballots, and the special needs ballots from the regular ballots voted at the election.
B. Each segregated group of ballots shall be compared with the register or form appropriate to that group to ensure that the correct number of ballots is in each group.
C. Each segregated group of ballots shall be placed in a ballot container and sealed. The container shall bear the date of the election, the type of ballots and the precinct name and number. (Ord. 04-24(SUB) § 8, 2004; prior code § 18.30.120)
4.24.130 Ballot container delivery.
Two election officials from the precinct shall act as a delivery team and shall deliver the sealed ballot containers to the clerk unless otherwise directed. (Ord. 04-24(SUB) § 9, 2004: prior code § 18.30.130)