Chapter 7.110
CONTEST OF ELECTION

Sections:

7.110.010 Grounds for election contest.

7.110.020 Contest procedure.

7.110.030 Appeal or judicial review.

7.110.010 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 (1) 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. [Ord. 98-16 § 4.]

7.110.020 Contest procedure.

A. Notice of contest of an election shall be submitted in writing to the clerk before 5:00 p.m. on the day of the certification or to the council at its meeting to certify the election results. 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:

NOTE OF ELECTION CONTEST

The undersigned contest the regular (or special) election of the City of Bethel 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 by 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 most current state registration lists. After considering the reports of the investigating officials 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 in certifying the election returns 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 BMC 7.100.060. [Ord. 98-16 § 4.]

7.110.030 Appeal or judicial review.

A person may not appeal or seek judicial review of an election for any cause or reason unless the person is qualified to vote in the city; has exhausted all administrative remedies before the council; and has commenced, within ten (10) calendar days after the council has finally certified the election results, an action in Superior Court. 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. [Ord. 98-16 § 4.]