Chapter 7.30
PROCEDURES FOR CONDUCT OF ELECTIONS

Sections:

7.30.010    Election officials.

7.30.020    Precincts and polling places.

7.30.030    Ballots – Form.

7.30.040    Ballots – Distribution.

7.30.050    Voting devices and machines.

7.30.060    Voting procedures at the polls.

7.30.070    Questioned votes.

7.30.080    Disposition of questioned votes.

7.30.090    Unused ballots.

7.30.100    Official closing of polls.

7.30.110    General procedure for ballot count.

7.30.120    Rules for counting ballots.

7.30.130    Tally of votes.

7.30.010 Election officials.

A. The assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The clerk is the election supervisor. One election official shall be designated as chair and shall be ordinarily responsible for administering the election in that precinct. The clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election and to relieve other election officials of undue hardship.

B. All election officials should attend a training session unless personally and specifically excused for cause by the clerk. If any appointed election official is not able to or refuses to serve on election day, the clerk may appoint a replacement for that official.

C. Each election official serving at a precinct polling place must be a qualified voter and, if possible, a resident within the precinct for which appointed.

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

E. Candidates shall not serve as election officials. Certain familial relationships may not exist between a candidate and a precinct election official, member of a ballot receiving/counting team or canvass board in regular or special elections. Those familial relationships are:

1. Mother, mother-in-law, stepmother;

2. Father, father-in-law, stepfather;

3. Sister, sister-in-law, stepsister;

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

5. Spouse; or

6. Person sharing the same living quarters.

F. If the clerk knows or learns that any of these relationships exist, the precinct election official shall be notified and replaced. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.020 Precincts and polling places.

A. The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all elections. The clerk shall secure a polling place for each precinct for each election. Whenever practicable, the polling place shall be located within the precinct.

B. No later than 20 days before each regular and special election, the clerk shall publish in one or more newspapers of general circulation in the borough the locations of the precinct polling places. Such publication shall be repeated at least once no later than the day prior to the election. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.030 Ballots – Form.

The clerk shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. The following directives shall be followed when applicable:

A. The clerk shall determine the size of the ballot, the type of print, necessary additional instructions to voters, and other similar matters of form not provided by law.

B. The clerk may contract for the preparation of ballots, instructions to voters, and other similar matters of form not provided by law without obtaining competitive bids.

C. Ballots shall be prepared in the manner prescribed by law for state elections, insofar as such prescription is applicable to nonpartisan elections. The ballots shall be numbered in series to assure simplicity and secrecy and to prevent fraud, the number being placed in an area set off by perforations for ease of removal.

D. All candidates to the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office, and provisions shall be made for write-ins equal in number to the positions to be filled. The names of candidates shall be printed as they appear upon the declaration of candidacy except that any honorary or assumed title or prefix shall be omitted. The words “Vote for not more than ______,” with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. Names of candidates shall appear on the ballot with the position of names of the candidates set out in the same order in each section on each ballot used as prescribed in Alaska Statutes for state elections. However, the order of placement of the names of the candidates for each office shall be randomly determined by the clerk for ballots printed for use.

E. Following the offices and candidates, there shall be placed on the ballot or on separate ballots, as the clerk may determine, all propositions or questions to be voted on. The words “YES” and “NO” shall be placed below the statement of each proposition or question. The clerk shall determine the number of ballots to be used to present all offices, propositions, and questions to the qualified voter.

F. Each ballot shall bear the words “Official Ballot” and the date of the election.

G. The clerk shall have printed and available at each polling place, on election day and in the clerk’s office preceding the election, sample ballots for each election. [Ord. FY2009-19 §2, 2009; Ord. 2002-12 §2, 2002; Ord. 96-08 §2, 1996; Ord. 86-22-O §2, 1986].

7.30.040 Ballots – Distribution.

A. The clerk shall have possession of the ballots at least 15 days before each regular election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or the candidate’s authorized agent, and any mistake discovered shall be corrected immediately. Sufficient ballots for each precinct shall be delivered to the election board for that precinct.

B. The ballots shall be delivered in a separate sealed package, with the number of ballots enclosed clearly marked on the outside of the package. A receipt shall be taken for the election board member to whom each package is delivered in person or by mail. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.050 Voting devices and machines.

Voting devices and machines will be used for all regular and special elections unless determined not to be practical by the clerk. All necessary supplies for the assistance of voters, such as sample ballots, instructions, booths, etc., shall be provided. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.060 Voting procedures at the polls.

A. 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 as empty. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed.

B. The election official shall keep a precinct register in which each voter, before receiving a ballot, shall sign the voter’s name. By signing the register, the voter declares that the voter is qualified to vote. If a voter signs the precinct register and then leaves the polling place without voting or votes a questioned ballot, the election official shall cross the voter’s name off the precinct register and make a note next to the name that the voter did not vote. If a voter’s polling place is in question, a voter shall be allowed to vote a questioned ballot.

C. Before being allowed to vote, each voter shall exhibit to an election official one form of identification listed on the “Have ID” poster from the state. An election official may waive the identification requirement if the official knows the identity of the voter, except when “Must Show ID” is printed in the signature block above the voter’s name. The ID requirement for this voter may not be waived. A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.

D. When the voter is 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. The ballot must be voted at the polling place and no ballot may be removed from the polling place until the election officials have completed their post election duties.

E. A qualified voter who cannot read and mark the ballot, or sign the register, may request an election official, a person, or not more than two persons, chosen by the voter, to provide assistance. Upon the voter’s request, the election official shall provide the assistance. If any other person is requested, that person shall state upon oath before the election official that the person shall not divulge the vote cast by the voter. Intoxication shall not be regarded as a physical disability, and no intoxicated person should receive assistance in marking that voter’s ballot.

F. If a voter improperly marks or otherwise damages a ballot, the voter shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the spoiled ballot after having recorded it in the spoiled ballot accountability statement and shall issue a new ballot to the voter. The destroyed ballot should be kept and stored in the spoiled ballots envelope. A voter may only be issued up to two replacement ballots. No voter should receive more than three ballots. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.070 Questioned votes.

A. Every election official shall question, and any qualified voter may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote under KIBC 7.20.010. All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person, before voting, shall fill out the questioned ballot oath and affidavit envelope and subscribe to an oath and sign the affidavit on the form. After the questioned person has taken the oath and signed the affidavit, the person may vote. If the questioned person refuses to take the oath or sign the affidavit, the person may not vote.

B. If a voter’s polling place is in question, the voter shall be allowed to vote by filling out a questioned ballot oath and affidavit envelope. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.080 Disposition of questioned votes.

A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. After the election official removes the numbered stub from the ballot, the voter shall insert the ballot into a small gray envelope, seal it, and put the gray envelope in the questioned ballot oath and affidavit envelope. These questioned ballot oath and affidavit envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be counted (unopened) and compared to the voting list, segregated, and delivered to the clerk for delivery to the canvass board. The election canvass board shall review and judge the applicability of all questioned ballots. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.090 Unused ballots.

The numbers of all ballots not issued shall be recorded and returned to the clerk. The numbers of ballots spoiled by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots spoiled and replaced shall be preserved as set by the records retention schedule resolution. [Ord. FY2009-19 §2, 2009; Ord. 95-01 §2, 1995; Ord. 86-22-O §2, 1986].

7.30.100 Official closing of polls.

Fifteen minutes before closing the polls, the time remaining before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed and thereafter no ballot shall be issued except to those voters who were present and waiting their turn to go through the voting procedure at the time prescribed for closing the polls. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.110 General procedure for ballot count.

A. The clerk shall prescribe the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election officials shall account for all ballots by completing a ballot accountability statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the clerk. The election officials shall count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and explained to the best of the election official’s ability in writing for delivery to the borough clerk. The election board, in hand-count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read.

B. Ballots may not be counted before 8 p.m., local time, on the day of the election. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.120 Rules for counting ballots.

A. The election board shall count ballots according to the following rules:

1. A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate.

2. A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

3. If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

4. If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.

5. The mark specified in subsection (A)(1) of this section shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.

6. Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.

7. An erasure or correction invalidates only that section of the ballot in which it appears.

8. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.

9. In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with subsection (A)(1) of this section.

10. Stickers bearing the candidate’s name may not be used on the ballot.

B. The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.30.130 Tally of votes.

A. Before each election, the assembly shall appoint at least three qualified voters, who shall constitute the receiving/counting team.

B. The receiving/counting team shall receive all ballots, election materials, supplies, etc., from the precinct election officials on election night.

C. If time allows, the receiving/counting team shall start the tallying of the write-in votes according to the rules for determining marks on ballot prescribed in KIBC 7.30.120. Write-in votes will only be tabulated when the total number of write-in votes for any office exceeds the smallest number of votes cast for any candidate whose name is printed on the ballot.

D. The clerk shall issue instruction and shall provide forms and supplies for the tally of the write-in votes. [Ord. FY2009-19 §2, 2009; Ord. 95-01 §2, 1995; Ord. 86-22-O §2, 1986].