Chapter 4.32
ELECTION CONTESTS AND RECOUNTS
Sections:
4.32.010 Grounds for election contest.
4.32.020 Contest procedure.
4.32.030 Appeal or judicial review.
4.32.040 Recount application.
4.32.050 Form of application.
4.32.060 Date of recount—Notice.
4.32.070 Procedure for recount.
4.32.080 Certification of recount result.
4.32.090 Return of deposit and apportionment of expenses upon recount.
4.32.100 Appeal.
4.32.010 Grounds for election contest.
A candidate or ten (10) qualified voters may contest the election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds:
A. Malconduct, fraud or corruption by an election official sufficient to change the result of the election;
B. The person elected is not qualified under law or ordinance; or
C. Existence of a corrupt election practice as defined by the laws of the state of Alaska sufficient to change the result of the election. (Prior code § 18.40.010)
4.32.020 Contest procedure.
A. Notice of contest of an election shall be submitted in writing to the clerk before five p.m. on the day of the certification of the election or to the council at its meeting to certify the election returns. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:
NOTICE OF ELECTION CONTEST
The undersigned contest the regular (or special or run-off) election of the City of Wasilla held on the ____ day of _________________. The grounds for the contest are as follows:
____________________________________
____________________________________
________________________
Signature and date
(Notarization)
B. Upon receiving a notice of contest, the council shall order an investigation be conducted by the clerk and city attorney. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings.
C. If the contest involves the eligibility of voters, the council shall direct the clerk to recheck the voter qualifications set forth in Section 4.08.010. After considering the report provided by the clerk and any other proof, the council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the council may declare the election valid and certify the results.
D. If the contest involves other prohibited election practices which are shown to have taken place, the council shall exclude the vote of the precincts where the practices occurred. If it is determined that the exclusion could not affect the election results, the council shall declare the election valid and certify the results.
E. The contestants shall pay all costs and expenses incurred in a recount of an election as provided by Section 4.32.090. (Prior code § 18.40.020)
4.32.030 Appeal or judicial review.
A person qualified to file an election contest pursuant to Section 4.32.010 may not appeal or seek judicial review of an election for any cause unless the person is qualified to vote in the city; has exhausted the administrative remedies before the council; and has commenced an action in the Superior Court within ten (10) calendar days after the council has finally certified the election results. If an action under this section is not commenced within the ten (10) day period, the election and the election result shall be conclusive, final, and valid in all respects. (Prior code § 18.40.030)
4.32.040 Recount application.
A. A defeated candidate or ten (10) qualified voters may file an application with the clerk for a recount of the votes from any particular precinct, or for any particular office, proposition or question by filing the application with the clerk before five p.m. on the day of the certification of the election results or by delivering the application for recount to the council at its meeting to certify the election returns. The date on which the clerk receives an application rather than the date of mailing or transmission determines whether the application is filed within the time allowed under this subsection.
B. If two or more candidates tie in having the highest number of votes for the same office, to which only one candidate is to be elected, the clerk shall initiate a recount. (Prior code § 18.45.010)
4.32.050 Form of application.
A. A recount application shall state in substance the basis of the belief that a mistake has been made and shall identify the particular precinct, office, proposition or question for which the recount is to be held, and shall state that the person making the application is a candidate or that the ten (10) persons making the application are qualified voters. The candidate or persons making the application shall designate by full name and mailing address two persons who shall represent the applicant during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by ten qualified voters shall also include the designation of one of the number as contact person. The candidate or persons making the application shall sign the application and shall print their full name and mailing address.
B. The application shall include a deposit in cash, or by certified check. The amount of the deposit shall be one hundred dollars ($100.00) for each precinct. (Prior code § 18.45.020)
4.32.060 Date of recount—Notice.
A. If the clerk determines that the application is substantially in the required form, the clerk shall fix the date of the recount to be held within seven calendar days after the receipt of an application requesting a recount of the votes in the election.
B. The clerk shall give the recount applicant and other directly interested parties notice of the time and place of the recount by certified mail, telegraph, facsimile, or by telephone. (Prior code § 18.45.030)
4.32.070 Procedure for recount.
A. If a recount of ballots is demanded, the clerk shall have the canvass board perform the recount.
B. In conducting the recount, the canvass board shall review all ballots to determine which ballots, or parts of ballots, were properly marked, which ballots are to be counted in the recount, and shall check the accuracy of the original count and all documentation provided by the election officials. The canvass board shall check the number of ballots and questioned ballots cast in a precinct against the registers and shall check early and absentee ballots voted against early and absentee ballots distributed. The rules in WMC 4.28 governing the counting of hand-marked ballots shall be followed in the recount.
C. The ballots and other election materials shall remain in the custody of the clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within ten (10) calendar days. The clerk may employ additional personnel necessary to assist in the recount. (Ord. 01-16(SUB) § 16, 2001; Prior code § 18.45.040)
4.32.080 Certification of recount result.
Upon completing the recount, the canvass board shall provide a report of the results of the recount for submission to the council. The council shall issue a certificate of the election. (Prior code § 18.45.050)
4.32.090 Return of deposit and apportionment of expenses upon recount.
A. If, upon recount, a different candidate or position on a proposition is certified, or if the difference between the winning and losing vote on the result contested is two percent or less, the entire deposit shall be refunded to the recount applicant.
B. If none of the requirements of this section are met, the clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If the deposit posted is insufficient to cover the costs of the recount, the city may recover the excess costs from the contestant. If voters obtain the recount, each of them shall be individually liable for the whole amount of the expenses. (Prior code § 18.45.060)
4.32.100 Appeal.
A candidate or person requesting a recount who is aggrieved by the result of a recount or decision not to grant a recount may appeal the recount to the Superior Court, Third Judicial District. The appeal shall be filed within ten (10) calendar days of council action certifying the election. Upon order of the court, the clerk shall furnish the record of the recount, including all ballots, registers, and other election material and papers pertaining to the recount. The court sitting without a jury shall hear the appeal. The issues on appeal shall include whether the clerk has properly determined what ballots, parts of ballots, or marks for candidates on ballots, are valid, and
to which candidate or division on the proposition the vote should be attributed. If an action under this section is not commenced within the ten (10) day period, the election and the election result shall be conclusive, final and valid in all respects. (Prior code § 18.45.070)