Chapter 7.10
GENERAL PROVISIONS
Sections:
7.10.010 Incorporation of state and federal law.
7.10.020 Severability.
7.10.025 Propositions and questions.
7.10.030 Liquor sales permitted.
7.10.040 Administration of elections.
7.10.050 Time of election.
7.10.060 Notice of elections.
7.10.070 Election expenses.
7.10.080 Election supplies and equipment.
7.10.090 Preservation of election ballots, papers, and materials.
7.10.100 Definitions.
7.10.010 Incorporation of state and federal law.
All provisions of the Constitution of the United States, the Constitution of the state and any laws pursuant to said Constitution affecting borough elections are incorporated in this chapter as if fully set out in this chapter. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.020 Severability.
If any provision of this title or its application to any person or set of circumstances is held invalid, the remainder of the chapter or its application to other persons or circumstances shall not be affected. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.025 Propositions and questions.
An ordinance placing propositions and questions before the voters must be adopted not later than 53 calendar days before a regular election, or 60 calendar days before a special election. [Ord. FY2009-19 §2, 2009].
7.10.030 Liquor sales permitted.
The provisions of AS 4.16.070(a) do not apply in the borough when elections are being held. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.040 Administration of elections.
A. In this title, the assembly has prescribed the general rules for the conduct of borough elections.
B. The clerk, in accordance with the provisions of this title, shall administer all borough elections. The clerk ensures that the borough complies with the U.S. Voting Rights Act to make sure that minority-speaking residents are able to exercise their right to vote. Preclearance shall be obtained from the Department of Justice prior to holding a special election, as required by the Federal Voting Rights Act. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.050 Time of election.
A. Regular elections shall be held on the first Tuesday in October each year.
B. All elected officials of the borough shall be elected at the regular election in such years as their respective terms of office expire.
C. The polls shall be open in each precinct for the purpose of voting in accordance with the established state hours for the election.
D. Initiative and Referendum Elections. The provisions in AS 29.26.170 shall apply for initiative elections and AS 29.26.180 for referendum elections. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.060 Notice of elections.
A. The clerk shall post a notice of each regular election in three public places and publish at least twice in one or more newspapers of general circulation in the borough, the first such publication to be accomplished at least 30 days prior to the election. For special elections, the first such publication is to be accomplished at least 20 days prior to the election. The clerk shall give such other notice to the public as may be required by resolution of the assembly.
B. Each notice of election shall include:
1. The type of election, regular or special;
2. The date of the election;
3. The hours the polls will be open;
4. The offices to which candidates are to be elected;
5. The subjects of propositions and questions to be voted upon;
6. Voter qualifications and instructions for registration;
7. Instruction for absentee voting; and
8. Location of precinct polling places.
C. At least one day before the election, the clerk shall publish in a newspaper of general circulation and post in at least three public places in the borough sample ballots with instructions to voters. Sample ballots shall be substantially similar to the official ballots and shall be marked “sample ballot” in place of the words “official ballot.”
D. Before a general obligation bond issue election, the clerk shall publish notice of the borough’s total existing bonded indebtedness at least once a week for three consecutive weeks. The first notice shall be published at least 20 calendar days before the date of the election. The notice shall state:
1. The current total general obligation bonded indebtedness, including authorized but unsold bonds of the borough;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation of property in the borough. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.070 Election expenses.
A. The borough shall pay all necessary election expenses, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags, and other supplies and any wages to election officials unless otherwise provided by this code.
B. The borough shall pay each election board member and canvass board member the hourly rate provided for similar election officials for state elections for the time spent at their election duties, including the receiving of instructions. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.080 Election supplies and equipment.
A. The clerk shall furnish to the election board of each precinct a precinct register 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 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 the voter’s 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. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].
7.10.090 Preservation of election ballots, papers, and materials.
The clerk shall preserve all precinct election certificates, tallies, precinct registers, receipts for ballots, all voted ballots, and declarations of candidacy filed as set by the records retention schedule resolution. These materials may be destroyed after their retention period has lapsed unless an application for a recount has been filed and not completed, or unless their destruction is stayed by an order of the court. Certificates of the canvass board are to be preserved as permanent records. [Ord. FY2009-19 §2, 2009; Ord. 95-01 §2, 1995; Ord. 86-22-O §2, 1986].
7.10.100 Definitions.
In this chapter, unless the context requires otherwise:
“Clerk” means the borough clerk or any properly authorized assistant or designee;
“Days” includes weekends and holidays;
“Election” includes any regular or special election of the borough;
“Election officials’” means the clerk or the clerk’s designee, election judges, election clerks, receiving/counting team, and canvassing boards;
“Election supervisor” means the clerk;
“Oath” includes affirmation;
“Precinct” means the territory established by the state;
“Proposition” includes question;
“Publication” means a newspaper of general circulation or posting in public places;
“Qualified voter” means any voter who:
1. Is a citizen of the United States;
2. Is 18 years of age or older;
3. Has been a resident of the state and of the borough for at least 30 days just before the election;
4. Has registered at least 30 days before the election as required by AS 15.07 and is not registered to vote in another jurisdiction; and
5. Is not disqualified under Article V of the State Constitution;
“Regular election” means a general election to fill assembly offices as required by KIBC 7.10.050(B);
“Special election” means any election held at a time other than when a regular election is held;
“Swear” includes affirm; and
“Voter” means a person who presents oneself for the purpose of voting, either in person or by absentee ballot. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].