Chapter 7.40
CANVASSING AND CERTIFICATION OF ELECTION RETURNS

Sections:

7.40.010    Canvass of returns.

7.40.020    Certification of the election.

7.40.025    Simple majority – Votes required for election to office.

7.40.030    Election recounts.

7.40.040    Contest of election.

7.40.010 Canvass of returns.

A. Before each election, the assembly shall appoint at least three 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 officers by the Constitution of the state in the manner prescribed by the clerk.

B. On the day following each election or as soon as is practicable, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements. In full view of those present, the election canvass board shall judge the applicability of absentee, questioned, and special needs, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by 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 board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns and reported to the assembly as having been corrected. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may recommend to the governing body that a recount of that precinct’s results be made for that portion of the returns in question.

C. Absentee, questioned, and special needs ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the oath and affidavit, or if the voter fails to enclose the marked ballot inside the small gray envelope provided. The clerk or a member of the election canvass board may question the qualifications of an absentee voter when read from the voter’s certificate on the back of the large envelope, if there is a good reason to suspect that the voter is not qualified to vote, is disqualified, or has otherwise voted at the same election. The person questioning the qualifications shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to count the ballot. If the ballot is refused, the clerk shall notify the voter why the ballot was refused by the canvass board. The envelope shall be labeled “rejected ballots.” If the ballot is not refused, the large envelope shall be opened; the small gray envelope shall be placed in a container and mixed with the other absentee ballot envelopes small gray envelopes. The mixed small gray envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots.

D. Upon completion of the canvass, the canvassing board shall prepare a certificate of the results of votes cast by absentee, questioned, special needs, and ballots of votes cast by regular ballot, and shall prepare and submit a written report of said results to the assembly.

E. If election materials have not been received from a precinct prior to completion of the canvass, but election results have been transmitted in writing, the canvassing board shall count the election results received. If the clerk has reason to believe that a missing precinct certificate, if received, would affect the result of the election, the clerk shall await the receipt of the certificate until 4 p.m. in the afternoon on the Tuesday following the election. If the certificate is not received by the clerk by 4 p.m., Tuesday, then the certificate shall not be counted nor included in the final certification of the canvassing board. [Ord. FY2009-19 §2, 2009; Ord. 2005-02 §2, 2004; Ord. 86-22-O §2, 1986].

7.40.020 Certification of the election.

A. As soon as possible after completion of the canvass, the assembly shall meet in public session to receive the report of the canvass board. If, after considering said report, the assembly determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting.

B. If the canvass board reports a failure to comply with provisions of state law and borough ordinance or illegal election practices occurred and that such failure is sufficient to change the outcome of the election, the assembly may exclude the votes cast in one 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 or more precincts, the assembly may order a recount of the votes cast in said precinct(s). Such recount shall be conducted immediately by the canvassing board and the results reported to the assembly.

D. In case of failure to elect a candidate because of a tie vote, the assembly shall immediately cause the canvass board to recount the votes. If there is still a failure to elect because of a tie after completion of the recount, the election shall be determined fairly by lot from among the candidates tying in a meeting of the assembly and under its direction.

E. Upon certification of a valid election the assembly shall direct the clerk to deliver to each person elected to office a “certificate of election” signed by the clerk and authenticated by the seal of the borough. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.40.025 Simple majority – Votes required for election to office.

All borough offices shall be filled by the candidate(s) receiving the greatest number of votes. [Ord. FY2009-19 §2, 2009; Ord. 2002-12 §3, 2002].

7.40.030 Election recounts.

A. A defeated candidate, or 10 qualified voters, who believe there has been a mistake made by an election official or by the canvassing board in counting the votes in an election, may file an application requesting a recount with the clerk no later than 5 p.m. on the Monday following the election or 24 hours after completion of the canvass board, whichever is later. The applicant shall include a deposit in cash or certified check for $100.00. The deposit shall be applied against any costs incurred pursuant to subsection E of this section or refunded if there is no liability for recount costs. If the difference between two candidates is two percent or less, the clerk shall initiate the recount and give notice to the interested parties.

B. The application shall specify in substance the basis of the belief that a mistake has been made, the particular election precinct or precincts for which the recount is to be held, the particular office, proposition or question for which the recount is to be held, and that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the 10 qualified voters seeking the recount. The date on which the clerk receives an application, rather than the date of mailing or transmission, determines whether the application is filed with the time allowed under this subsection.

C. Upon receiving an application in substantially required form, the clerk shall appoint a recount board of four or more qualified voters to conduct the recount of ballots, as soon as possible, of those precincts cited in the application for recount. The rules governing the counting of marked ballots by the election board shall be followed. Those requesting the recount, those whose election is recounted, and the public shall be allowed to attend the recount proceeding.

D. Upon completion of recount, the recount board shall certify the results of the recount to the assembly. The assembly shall declare the final election results and direct the clerk to deliver to each person elected to office a “certificate of election” signed by the clerk and authenticated by the seal of the borough.

E. The applicant or applicants for recount shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or the difference between the winning and losing vote on the result requested for recount is more than two percent.

F. A candidate or any person who requested a recount who has reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the superior court within 10 days after the assembly has declared the election results. If no such action is commenced within the 10-day period, the election and the election results shall be conclusive, final, and valid in all respects. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].

7.40.040 Contest of election.

A defeated candidate or any 10 qualified voters who contested an election may bring an action in the superior court within 10 days after the assembly has concluded that said election was validly held and the results entered upon the minutes. Such legal action shall be upon the grounds set forth in Alaska Statutes for contesting state elections. The judge shall render a decision as required by AS 15.20.560 for state elections. If no such action is commenced within the 10-day period, the election and the election results shall be conclusive, final and valid in all respects. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].