Chapter 7.20
QUALIFICATIONS OF VOTERS AND CANDIDATES

Sections:

7.20.010    Qualifications of voters.

7.20.015    Rules for determining residence of voter.

7.20.020    Candidate qualifications.

7.20.030    Declaration of candidacy.

7.20.035    Public official financial disclosure statements.

7.20.040    Corrections, amendments and withdrawal of declaration of candidacy.

7.20.010 Qualifications of voters.

A. A person is qualified to vote in borough-wide elections who:

1. Is a citizen of the United States;

2. Is 18 years of age or older;

3. Has been a resident of the borough and the precinct in which the person seeks to vote for at least 30 days preceding the election;

4. Is registered to vote in state elections at a residence address within a municipality at least 30 days before the election at which the person seeks to vote;

5. Has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction; and

6. Is not disqualified under Article V of the State Constitution.

B. A person is qualified to vote in a service area election if the person meets the requirements of subsection A of this section and has been a resident of the service area in which the person seeks to vote for at least 30 days immediately preceding the election.

C. If a voter’s polling place is in question, a voter shall be allowed to vote and any election official shall consider the ballot as a questioned ballot. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.20.015 Rules for determining residence of voter.

For the purpose of determining residence for voting, the place of residence is governed by the following rules:

A. The residence of a person is that place in which habitation is fixed and to which, whenever the person is absent, the person has intention to return. If a person resides in one place but does business in another, the former is the person’s place of residence. There can only be one residence.

B. A person does not gain or lose residence solely by reason of the person’s presence while employed in the service of the United States or of this state, or while a student of an institution of learning, while in an institution or asylum at public expense, or while confined in a public prison or while residing upon an Indian or military reservation.

C. No member of the armed forces of the United States, the person’s spouse or dependent is a resident of this state solely by reason of being stationed in the state.

D. A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning.

E. A person does not gain a residence in a place to which the person’s comes without a present intent to establish a permanent dwelling there.

F. A person loses residence in this state if the person votes in another state’s election, either in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying under AS 15.05.010 and this chapter.

G. The term of residence is computed by including the day on which the person’s residence commences and by excluding the day of the election. [Ord. FY2009-19 §2, 2009].

7.20.020 Candidate qualifications.

A. Candidates for mayor, assembly, and school board must be qualified voters of the borough and residents of the borough for one year at the time of filing.

B. A person may not serve simultaneously as mayor and as a member of the assembly, as mayor and a member of the school board, or as a member of the assembly and member of the school board.

C. No elected official of the borough, except members of service areas boards, may hold any other compensated borough office or borough employment, or elected position in the state or federal government, while in office.

D. No person shall be a candidate for more than one assembly seat at any election.

E. Candidates for service area boards must be qualified voters of the borough and residents of the service area for at least 30 days immediately preceding filing for office.

F. Candidates shall provide proof that they are eligible, or shall be eligible by the date of the election, to be recognized as a candidate for any election.

G. Write-in candidates for mayor, assembly, and school board shall file an Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk as required by the provisions of AS 39.50. [Ord. FY2012-04 §5, 2011; Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.20.030 Declaration of candidacy.

A. At least 75 days before each regular election, the clerk shall publish in one or more newspapers of general circulation in the borough a notice of offices to be filled at the election and the procedure for filing a declaration of candidacy.

B. Packets containing declarations of candidacy shall be available from the clerk’s office no later than the day the filing period opens. Declarations of candidacy shall be submitted in original form and shall not be submitted electronically.

C. A declaration of candidacy shall be in a form provided by the clerk and shall state the following:

1. The full name of the candidate, and the manner in which the candidate wishes the candidate’s name to appear on the ballot;

2. The full residence and mailing addresses of the candidate;

3. The office for which the candidate declares;

4. That the candidate is qualified for the office as provided by law;

5. The date and notarized statement of the candidate;

6. The candidate shall certify information contained in the declaration of candidacy is true and accurate;

7. Any other information that the clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law;

8. The declaration of candidacy must be signed by 10 qualified voters of the borough.

D. Filing for elective offices shall be made by filing a declaration of candidacy with the clerk from August 1 through August 15, 4:30 p.m. Should August 15 fall on a Saturday or Sunday, candidates shall have until 4:30 p.m. on the first Monday following to file their declaration.

E. Within four business days after filing a declaration of candidacy, the clerk shall notify the candidate as to whether it is in proper form. If not, the clerk shall immediately return the declaration of candidacy to the candidate with a statement certifying how the nominating petition is deficient. [Ord. FY2009-19 §2, 2009; Ord. 88-05-O §2, 1988; Ord. 86-22-O §2, 1986].

7.20.035 Public official financial disclosure statements.

Candidates for elective borough office and declared write-in candidates shall file an Alaska Public Offices Commission (APOC) official financial disclosure statement with the clerk as required by the provisions of AS 39.50 at the time of filing a declaration of candidacy. The name of the candidate shall be placed on the ballot by the clerk only after the candidate has complied with this requirement. This subsection does not apply to candidates for service area boards. [Ord. FY2009-19 §2, 2009].

7.20.040 Corrections, amendments and withdrawal of declaration of candidacy.

A. Any candidate may correct, amend, or withdraw the candidate’s declaration of candidacy at any time during the period for filing nominating petitions by appropriate written notice to the clerk. However, after the filing has closed, no declaration of candidacy may be corrected, amended, or withdrawn.

B. If a person chooses to run for a different seat, a declaration of candidacy for that seat shall be filed with the clerk’s office. A declaration of candidacy for a particular seat may not be substituted for another office or seat. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].