Chapter 7.50
OPERATION OF POLLS

Sections:

7.50.010 Election officials.

7.50.020 Opening of polling place.

7.50.030 Voter registration.

7.50.040 Voter identification at polls.

7.50.050 Persons not on official registration list.

7.50.060 Providing ballot to voter.

7.50.070 Assisting voter.

7.50.080 Spoiled ballots.

7.50.090 Placing ballot in ballot box.

7.50.100 Questioning procedure.

7.50.110 Closing of the polls.

7.50.120 Voters in line when polls close.

7.50.130 Prohibitions.

7.50.140 Unused ballots.

7.50.010 Election officials.

A. Before each election, the clerk, subject to approval by the council, shall appoint at least three (3) election officials in each precinct to constitute the election board for that precinct. The clerk shall designate one (1) election official in each precinct as the chairperson, who shall be primarily responsible for administering the election in that precinct. If no chairperson is appointed for the precinct or the chairperson is unable to fulfill the chairperson’s duties, the other election officials shall perform the chairperson’s duties. After council approval, the clerk may make necessary adjustments to the election boards as required to conduct a properly held election.

B. The clerk may appoint clerks and counters at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship.

C. If any election official fails or refuses to attend and serve, the election chairperson of the precinct or clerk shall appoint a person eligible under this section to serve in place of the absent election official.

D. Each election official shall be a registered qualified voter of the precinct for which the election official is appointed, unless no voter is willing to serve. There shall be no inquiry into an election official’s political party as a prerequisite to service.

E. All election officials before entering upon their duties must subscribe to the oath required of all public officers by the Alaska State Constitution in the manner prescribed by the clerk.

F. Candidates or members of the candidate’s immediate family may not serve as election officials for an election in which the candidate has filed a declaration of candidacy. Those familial relationships are:

1. Mother, mother-in-law, stepmother, grandmother;

2. Father, father-in-law, stepfather, grandfather;

3. Sister, sister-in-law, stepsister;

4. Brother, brother-in-law, stepbrother;

5. Child, child-in-law, stepchild, grandchild;

6. Spouse; or

7. Person sharing the same living quarters.

G. If the clerk knows or learns that any of these relationships exist, the precinct election judges, clerk or member of the ballot counting team shall be notified and replaced.

H. Unless excused by the clerk, all election officials shall attend training sessions offered by the clerk. [Ord. 98-16 § 4.]

7.50.020 Opening of polling place.

A. On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by 6:30 a.m. so that voting will start promptly at 7:00 a.m. The chairman of the election board shall rotate times at which election judges, board members and clerks may be relieved for breaks and meals; provided, however, that at all times at least two (2) judges from the election board are present at the polling place.

B. Before issuing any ballots, the election board must, 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 then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. [Ord. 98-16 § 4.]

7.50.030 Voter registration.

The judges shall keep an original register or registers in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book, in a space provided, of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he may question the vote in accordance with the provisions of this title. [Ord. 98-16 § 4.]

7.50.040 Voter identification at polls.

A. Before being allowed to vote, each voter shall exhibit to an election official one (1) form of identification, including but not limited to an official voter registration card, driver’s license, passport or hunting or fishing license.

B. An election official may waive the identification if the election official knows the identity of the voter.

C. A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a questioned ballot. [Ord. 98-16 § 4.]

7.50.050 Persons not on official registration list.

If a person’s name does not appear on the official registration list in the precinct in which the person seeks to vote, the person may vote a questioned ballot. [Ord. 98-16 § 4.]

7.50.060 Providing ballot to voter.

When a voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot. [Ord. 98-16 § 4.]

7.50.070 Assisting voter.

A qualified voter who cannot read, mark the ballot, or sign his name may request an election official or not more than two (2) persons of his choice to assist him. If the election official is requested, he shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that he will not divulge the vote cast by the person whom he assists. [Ord. 98-16 § 4.]

7.50.080 Spoiled ballots.

The election supervisor shall specify uniform procedures for replacement, registration and disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election judges. [Ord. 98-16 § 4.]

7.50.090 Placing ballot in ballot box.

When the voter has marked the ballot, the voter shall inform the election official. The clerk may require that the voter return the ballot to the election official temporarily so that the stub which may be part of the ballot may be removed by the election board. Any such requirement shall protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the voter in the presence of the election official unless the voter requests the election official to deposit the ballot. [Ord. 98-16 § 4.]

7.50.100 Questioning procedure.

A. If the polling place of a voter is in question, the voter shall vote a questioned ballot after complying with subsection C of this section.

B. Every election official and election judge shall question, and every watcher and any other person qualified to vote in the precinct, may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote in the election. All questions regarding a person’s qualifications to vote shall be made in writing, setting out the reason that the person has been questioned.

C. The questioned person, before voting, shall subscribe to an oath or affirmation on a form provided by the election official attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election. If the question is to residence within the precinct or voting area, the person shall also state the place from which that person came immediately before living in the precinct where offering to vote and the length of time of residence in the former place. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath of affirmation, the person shall not vote.

D. A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, and delivered to the election canvassing board. The election canvassing board shall review and judge the applicability of questioned ballots in accordance with BMC 7.90.020 and 7.90.030. [Ord. 98-16 § 4.]

7.50.110 Closing of the polls.

A. Fifteen (15) minutes before the closing of the polls, and at the time of the closing of the polls, an election official shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at fifteen (15) minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. After closing, no person will be allowed to enter the polling place for purposes of voting.

B. When the polls are closed and the last vote has been cast, the election board shall account for all ballots by completing a ballot statement containing, in a manner prescribed by the clerk, the number of official ballots supplied.

C. The election board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the ballot statement. [Ord. 98-16 § 4.]

7.50.120 Voters in line when polls close.

Every qualified voter present and in line at the time prescribed for closing the polls may vote. [Ord. 98-16 § 4.]

7.50.130 Prohibitions.

A. During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty.

B. During the hours the polls are open, no person who is in the polling place or within two hundred (200) feet of any entrance to 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 that is in a school is the entrance to the school building. The election board shall post warning notices in the form and manner prescribed by the clerk.

C. No voter may exhibit a ballot to an election official or any other person as to enable any person to ascertain how the voter marked the ballot, except as provided in BMC 7.50.070.

D. While the polls are open, no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

E. No person may leave the polling place with the official ballot that the person received to mark. [Ord. 98-16 § 4.]

7.50.140 Unused ballots.

The numbers of all ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the clerk before the ballot box is opened. The numbers of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved for sixty (60) days unless the election is contested. [Ord. 98-16 § 4.]