Chapter 7.90
CANVASSING AND CERTIFICATION OF ELECTION RESULTS

Sections:

7.90.010 Canvass board.

7.90.020 Canvass of returns.

7.90.030 Procedures for handling questioned ballots.

7.90.040 Voters not on official registration list.

7.90.050 Certification of the election results.

7.90.010 Canvass board.

Before each election, the clerk, subject to approval of the city council, shall appoint four (4) or more qualified voters who shall constitute the election canvass board for that election. All members of the election canvass board, before entering upon their duties, must subscribe to the oath required of all public officials by the Constitution of the State of Alaska in the manner prescribed by the clerk. [Ord. 00-25 § 4; Ord. 98-16 § 4.]

7.90.020 Canvass of returns.

A. No later than Tuesday following each election, the election canvass board shall meet in public session and canvass all election returns. In full view of those present, the election canvass board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted, and shall compile the total votes cast in the election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct’s certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct returns shall be corrected by the canvass board. A mistake which has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the certificate of results empowers the canvassing board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question.

B. Upon completion of the canvass, the canvassing board shall prepare a final certificate of the results of votes cast by absentee, questioned and challenged ballots and of votes cast by regular ballot, and shall prepare a written report of the results to be submitted to the city council. [Ord. 00-25 § 5; Ord. 98-16 § 4.]

7.90.030 Procedures for handling questioned ballots.

The canvass board by majority vote may refuse to accept the question and count the ballot of a person properly questioned. If the ballot is refused, the clerk shall return a copy of the statement questioning the ballot to the voter, and shall enclose all rejected ballots in a separate envelope with statements of the basis for the question. The envelope shall be labeled with “rejected ballots” and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope shall be opened, the small inner envelope shall be placed in a container and mixed with other voted ballots. If the ballot is not refused, the large envelope shall be opened, the small inner envelope shall be placed in a container and mixed with other absentee ballot envelopes or, in the case of counting questioned ballots, with other questioned ballot envelopes. The mixed smaller envelopes shall be drawn from the container and opened, and the ballots shall be counted according to the rules for determining properly marked ballots. [Ord. 98-16 § 4.]

7.90.040 Voters not on official registration list.

A person whose registration has been cancelled under AS 15.97.130(b) and who votes a questioned ballot shall not have the ballot counted. [Ord. 98-16 § 4.]

7.90.050 Certification of the election results.

A. As soon as possible after completion of the canvass, but no later than the Tuesday following the election, the council shall meet in public session to receive the report of the canvass board. If, after considering the report, the council determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting, together with the total number of votes cast for each candidate and for or against each proposition or question.

B. If the canvass board reports that a failure to comply with provisions of state law and city ordinances, or an illegal election practice has occurred, and that such failure is sufficient to change the outcome of the election, then the council may exclude the votes cast in one (1) or more precincts where such failure or illegal practices occurred from the total returns, or may declare the entire election invalid and order a new election.

C. If the canvass board reports an apparent discrepancy in the returns of one (1) or more precincts, the council may order a recount of votes cast in said precinct or precincts. Such recount shall be conducted immediately by the canvass board and the results shall be reported to the council. The council shall meet as soon as possible to certify the results of the election recount.

D. Upon certification of a valid election, the clerk shall deliver to each person elected to office a certificate, signed by the clerk and authenticated by the seal of the city. [Ord. 98-16 § 4.]