|
|
Chapter 7.10
GENERAL PROVISIONSSections:
7.10.010 Scope of title.
7.10.020 Definitions.
7.10.030 Severability.
7.10.040 Administration of election.
7.10.050 Election times.
7.10.060 Notice of elections.
7.10.070 Propositions and questions.
7.10.080 Nonpartisan requirement.
7.10.090 Prohibition on use of public moneys to promote passage of ballot propositions.
7.10.100 Simple majority – Prohibition on runoff elections.
7.10.110 Election supplies and equipment.
7.10.120 Election expenses.
7.10.130 Preservation of election ballots, papers and materials.
7.10.010 Scope of title.
This title governs all city elections. [Ord. 98-16 § 4.]
7.10.020 Definitions.
In this title, unless the context otherwise requires:
A. “Business days” means the days the city’s administrative offices are open to provide general services to the public.
B. “City” means city of Bethel.
C. “City election” means any election:
1. To fill a city office;
2. Upon a proposition submitted to the voters under the ordinances of the city; or
3. That the city is required by law to administer.
D. “Clerk” means city clerk or any properly authorized assistant to the city clerk.
E. “Calendar days” means consecutive days succeeding one (1) another in regular order.
F. “Election” includes any regular, special or runoff city election.
G. “Election official” includes election officials at the polls, the clerk, the clerk’s office staff, absentee voting officials, and canvass board.
H. “Immediate family” means a candidate’s grandparents, parents, grandchildren, siblings, spouse, spouse’s children, spouses of children, or a regular member of the candidate’s household.
I. “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.
J. “Precinct” means the territory within which resident voters may cast votes at one (1) polling place.
K. “Proposition” means an initiative, referendum, recall, or other issue submitted to the public at an election.
L. “Qualified voter” means any voter who has the qualifications required by this chapter and is not disqualified under Article V of the Alaska State Constitution.
M. “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 through the voter’s name appears on the precinct register; or
4. Who is questioned for good cause at the polls in writing pursuant to BMC 7.50.100.
N. “Precinct register” means the register maintained by the Director of the State Division of Elections.
O. “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 elections.
P. “Regular ballot” means a ballot voted at the polls which is not questioned or an absentee ballot.
Q. “Regular election” means the city election held on the first (1st) Tuesday of October annually.
R. “Signature” or “subscription” includes a mark intended as a signature or subscription.
S. “Special election” means any election held at a time other than when a regular election is held.
T. “Swear” includes “affirm.”
U. “Voter” means any person who presents himself or herself for the purpose of registering to vote or voting, either in person or by absentee application for ballot. [Ord. 98-16 § 4.]
7.10.030 Severability.
Should any provision of this election code, or its application to any person or set of circumstances, be held invalid, the remainder of its provisions, or of its application to any persons or circumstances, shall not be affected. [Ord. 98-16 § 4.]
7.10.040 Administration of election.
A. The council shall prescribe the general rules for the conduct of city elections.
B. The city clerk, in accordance with the provisions of this title, shall administer all city elections. [Ord. 98-16 § 4.]
7.10.050 Election times.
A. Time of Regular Elections. Annually, on the first (1st) Tuesday of October, a regular election shall be held in the city for the election of vacant city offices, and for the determination of other matters as may be placed on the ballot.
B. Time of Special Elections. The council, by resolution or adoption of an ordinance, may call a special election at any time at least ninety (90) calendar days prior to the date of the election. Unless the council has set a date for a required special election, the city clerk shall call a special election when required by law or ordinance to place an initiative, referendum, recall or other question before the voters. [Ord. 98-16 § 4.]
7.10.060 Notice of elections.
A. Notice of Voter Registration. The clerk shall post a notice of voter registration prior to the posting of the notice of election. The notice of voter registration shall include the qualifications required of voters, and the manner, time and place of registration.
B. Notice and Posting. The clerk shall post a notice of each election in three (3) public places in the city. The first (1st) such posting shall be accomplished at least thirty (30) calendar days before a regular election and twenty (20) calendar days before a special election. Each notice of election shall include:
1. The type of election: regular or special;
2. The date of election;
3. The hours the polling places shall be open;
4. The offices to which candidates are to be elected and the subjects of propositions and questions to be voted upon;
5. The locations of the polling places;
6. Instructions for absentee voting; and
7. Notification that anyone needing special assistance in casting their vote due to a disability or bilingual need shall contact the clerk at least twenty-four (24) hours before the time of casting their ballot.
C. Notice of Bonded Indebtedness. Before a general obligation bond issue election, the clerk shall post notice of the city’s total existing bonded indebtedness. The notice of the city’s total existing bonded indebtedness shall state:
1. The current total general obligation bonded indebtedness, including authorized but unsold bonds, of the city; and
2. The cost of the debt service on the current indebtedness. [Ord. 98-16 § 4.]
7.10.070 Propositions and questions.
An ordinance placing propositions and questions before the voters must be adopted not later than forty-five (45) calendar days before a regular or special election. [Ord. 98-16 § 4.]
7.10.080 Nonpartisan requirement.
All city elections shall be nonpartisan. [Ord. 98-16 § 4.]
7.10.090 Prohibition on use of public moneys to promote passage of ballot propositions.
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 with 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 issue 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. [Ord. 98-16 § 4.]
7.10.100 Simple majority – Prohibition on runoff elections.
All city offices shall be filled by the candidate receiving the greatest number of votes. There shall be no runoff elections. [Ord. 98-16 § 4.]
7.10.110 Election supplies and equipment.
A. Before the opening of the polls, the clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct’s election, including those materials required by this section.
B. The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, 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 each polling place. The clerk shall provide 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 the voting booths in plain view of the election officials, voters and other persons at the polling place. [Ord. 98-16 § 4.]
7.10.120 Election expenses.
A. The city shall pay all necessary expenses relating to the conduct of each city election, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags and other supplies, and any wages due election officials unless otherwise provided by this code.
B. The city shall pay each election board member and canvass board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices. The election supervisor shall set the hourly compensation to be paid for time spent by election officials at a rate comparable to that paid by the state for state elections. The clerk shall retain a record for auditing and payment of election expenses, including the cost of giving notice, renting polling places, paying election officials, securing ballot boxes, booths and other election necessities. [Ord. 98-16 § 4.]
7.10.130 Preservation of election ballots, papers and materials.
The clerk shall preserve all precinct election certificates, tallies, registers receipts for ballots, all voted ballots and declarations of candidacy filed for one (1) year after the election. These materials may be destroyed after their retention period has lapsed unless their destruction is stayed by an order of the court. Certificates of the canvass board are to be preserved as permanent records. [Ord. 98-16 § 4.]
|
|