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Chapter 7.80
ABSENTEE VOTINGSections:
7.80.010 Administration of absentee voting.
7.80.020 Eligibility.
7.80.030 Fee prohibited.
7.80.040 Materials for absentee voting.
7.80.050 Absentee voting – In person.
7.80.060 Absentee voting – By mail.
7.80.070 Absentee voting – By personal representative.
7.80.080 Counting of ballots.
7.80.090 Names of absentee voters.
7.80.010 Administration of absentee voting.
The clerk shall provide general administrative supervision over the conduct of absentee voting. The clerk shall make available instructions to absentee voters regarding the procedure for absentee voting. [Ord. 98-16 § 4.]
7.80.020 Eligibility.
Any qualified voter may vote an absentee ballot for the precinct in which he resides and is registered (1) if he believes he will be unavoidably absent from his voting precinct on election day, whether inside the city or not, or (2) if he will be unable to be present at the polls because of physical disability. [Ord. 98-16 § 4.]
7.80.030 Fee prohibited.
No person may receive a fee from the voter for attesting to any voter’s certificate required in voting absentee. [Ord. 98-16 § 4.]
7.80.040 Materials for absentee voting.
The clerk shall provide ballots for use as absentee ballots for all precincts and shall provide a small envelope in which the voter shall initially place the marked ballot, and shall provide a larger envelope, with the prescribed voter’s certificate on the back, in which the smaller envelope with ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter’s certificate on the back, in which the smaller envelope with ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter’s certificate which shall include an oath, for use when required, that the voter is a qualified voter in all respects, a blank for the voter’s signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the witness, and a place for recording the date the envelope was sealed and witnessed. [Ord. 98-16 § 4.]
7.80.050 Absentee voting – In person.
A. A qualified voter may apply in person for an absentee ballot at the office of the city clerk during regular office hours. A qualified voter may vote absentee in person fifteen (15) calendar days or less before a regular or special election.
B. On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this title, the clerk shall issue the ballot to the applicant.
C. The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope in the presence of the election official who shall sign as attesting official and date of his signature. The election official shall then accept the ballot.
D. The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide him with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. [Ord. 00-25 § 2; Ord. 98-16 § 4.]
7.80.060 Absentee voting – By mail.
A. A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first (1st) of the year in which the election is to be held, nor less than five (5) calendar days before an election. A voter may request his name be placed on permanent absentee by mail status. The application shall include the address to which the absentee ballot is to be returned, the applicant’s full Alaska residence, and the applicant’s signature. A request may be accepted by facsimile.
B. After receipt of an application by mail, the clerk shall deliver to the applicant, at the mailing address given in the application, an official ballot for the election and other absentee voting material by the most expeditious mail service. The materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the city clerk.
C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a witness over the age of eighteen (18) years, may proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to sign the voter’s certification on the back of the larger envelope. The witness shall sign and date his signature.
D. The clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his identity.
E. The clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the city clerk and the date on which the ballot was executed and postmarked. [Ord. 98-16 § 4.]
7.80.070 Absentee voting – By personal representative.
A. A qualified voter who is physically disabled may apply for an absentee ballot through a personal representative to the following election officials at the times specified:
1. The clerk’s office on or after the fifteenth (15th) calendar day before a regular or tenth (10th) day before a special election up to one (1) day before the election; or
2. An election boardmember on election day in the precinct in which the voter is entitled to vote.
B. A request for an absentee ballot by personal representative shall be on a form provided by the election official or by a written statement stating that the applicant is unable to go to the polling place because of a physical disability. The request shall be signed by:
1. A licensed physician; or
2. Two registered qualified voters.
C. Upon timely receipt of an application for absentee ballot by personal representative, the election official shall provide the ballot and other absentee voting materials to the personal representative.
D. The personal representative shall deliver the absentee ballot to the voter as soon as practicable. Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope, and to sign the voter’s certification on the return envelope in the presence of the personal representative who shall sign as witness and then date the signature. The personal representative shall deliver the absentee ballot by personal representative to the election official within three (3) days from the date it was obtained but not later than 8:00 p.m. on election day. An absentee ballot by personal representative that is not returned to an election official by the close of business on election day may not be counted but the voter may vote in the election.
E. The election official shall keep a record of the name and signature of each personal representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The election official shall record the date and time the absentee ballot is provided and the time the ballot is returned to the election official.
F. A candidate for office at that election, an immediate family member of the candidate for office in that election, the voter’s employer, agent of the employer, or office or agent of the voter’s union, may not act as a personal representative. [Ord. 98-16 § 4.]
7.80.080 Counting of ballots.
To be counted in the election, an absentee ballot must be postmarked on or before election day and be received by the clerk no later than the Monday following the election. Absentee ballot envelopes received after the canvass board has completed absentee ballot counting shall not be opened, but shall be marked “invalid” and the date of receipt noted thereon. Such envelopes shall be retained with the other election records and destroyed with them as provided by the city’s record retention schedule. Absentee ballot envelopes shall be examined by the canvass board who shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast. [Ord. 00-25 § 3; Ord. 98-16 § 4.]
7.80.090 Names of absentee voters.
The clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is mailed or provided by personal representative and the date on which the ballot is received by the clerk. The record shall be available for public inspection. [Ord. 98-16 § 4.]
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