Chapter 7.50
ABSENTEE VOTING

Sections:

7.50.010    Eligibility.

7.50.020    Repealed.

7.50.030    Absentee voting – In person.

7.50.040    Special needs voting.

7.50.050    Absentee voting – By mail.

7.50.060    Designation of absentee voting officials.

7.50.010 Eligibility.

Any person may vote absentee. [Ord. FY2009-19 §2, 2009; Ord. 2002-11 §2, 2002; Ord. 86-22-O §2, 1986].

7.50.020 Materials for absentee voting.

Repealed by Ord. 2002-11. [Ord. 86-22-O §2, 1986].

7.50.030 Absentee voting – In person.

A. Any person may apply for an absentee ballot in person from the clerk or an absentee voting official 15 days before an election, up to and including the day before the date of the election, during regular office hours, by completing an absentee in person envelope.

B. Upon completion of an absentee in person envelope and exhibition of proof of identification as required in KIBC 7.30.060(C), the clerk or an absentee voting official shall issue the ballot and small gray envelope to the applicant. The ballot must be voted at the polling place and no ballot may be removed from the polling place.

C. On receipt of an absentee ballot in person, the voter shall mark the ballot in secret, place the ballot in the small gray envelope, place the small gray envelope in the absentee in person envelope, and sign the voter’s certificate on the absentee in person envelope in the presence of the clerk or absentee voting official who shall sign as attesting official and date that signature. The clerk or absentee voting official shall then accept the ballot.

D. The clerk or absentee voting official may not accept a marked ballot that has been exhibited by an absentee voter with the intent to influence other voters. If the absentee voter spoils the ballot, the voter may receive up to two replacement ballots. No voter should receive more than three ballots. Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the spoiled ballot accountability statement and stored in the spoiled ballots envelope.

E. The clerk or absentee voting official shall keep a record of the names and signatures of voters who cast absentee ballots and the dates on which the ballots were cast. [Ord. FY2009-19 §2, 2009; Ord. 2002-11 §4, 2002; Ord. 86-22-O §2, 1986].

7.50.040 Special needs voting.

A. Any person with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot, or the voter may, through a representative, request a special needs ballot from the clerk or an absentee voting official 15 days before an election, up to and including the day before the date of the election during regular office hours, or from an election precinct voting official on election day.

B. If the request for a special needs ballot is made through a representative, the representative shall sign a special needs register provided by an election official. The register must include the following information:

1. The representative’s name;

2. The representative’s residence and mailing address;

3. The representative’s social security number, voter number, or date of birth;

4. The name of the voter on whose behalf the representative is requesting a ballot;

5. An oath that the representative:

a. Is receiving a ballot and voting materials on behalf of the voter;

b. Will not vote the ballot for the voter;

c. Will not coerce the voter;

d. Will not divulge the vote cast by the voter; and

e. Has been notified that unlawful interference with voting is punishable under AS 15.56.030 or 15.56.035.

C. The clerk, absentee voting official, or election precinct voting official shall keep a record of the name and signature of each representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk, absentee voting official, or election precinct voting official shall record the date and time the absentee ballot is provided and the time the ballot is returned.

D. The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the small gray envelope, and place the small gray envelope in the special needs envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the presence of the representative. The representative shall sign as attesting official and date the voter’s signature.

E. The representative shall deliver the ballot and voter certificate to an election official not later than 8 p.m. on election day.

F. If a voter’s disability precludes the voter from performing any of the requirements of subsection D of this section, the representative may perform those requirements, except making the voting decision, on the voter’s behalf.

G. A candidate for office, the voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may not act as a representative for the voter. [Ord. FY2009-19 §2, 2009; Ord. 2002-11 §5, 2002; Ord. 90-07 §§2, 4, 1990; Ord. 86-22-O §2, 1986].

7.50.050 Absentee voting – By mail.

A. Any person may apply for an absentee ballot by mail or by electronic transmission if received by the clerk not more than six months nor less than seven days before an election. The application shall include the address where the absentee ballot shall be mailed and the applicant’s full local residence address and signature.

B. After receipt of an application by mail, the clerk shall send the absentee ballot and other absentee voting material to the applicant by at least first class mail. The materials shall be sent as soon as they are ready for distribution. There shall be a small gray envelope and a return envelope addressed to the clerk supplied to each absentee by mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare their qualification to vote, followed by a provision for attestation by an official authorized to administer an oath or two witnesses over the age of 18.

C. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, other person qualified to administer oaths, or two persons over the age of 18 years, may proceed to mark the ballot in secret, place the ballot in the small gray envelope, place the small gray envelope in the return envelope, and sign the voter’s certificate on the back of the return envelope in the presence of the witness(es) who shall sign as attesting official(s) and shall date the voter’s signature.

D. An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, the voter shall use the most expeditious mail service and mail the ballot not later than the day of the election to the clerk. It must be postmarked on or before midnight of election day and received by the clerk no later than the Tuesday following the election by 5 p.m. Ballot envelopes received after that time shall not be opened but shall be marked “rejected,” with the date of receipt noted thereon, and shall be preserved as set by the records retention schedule resolution. [Ord. FY2009-19 §2, 2009; Ord. 2002-11 §6, 2002; Ord. 95-01 §2, 1995; Ord. 93-60 §2, 1993; Ord. 90-07 §3, 1990; Ord. 88-05-O §3, 1988; Ord. 86-22-O §2, 1986].

7.50.060 Designation of absentee voting officials.

The clerk may appoint a registered voter, city clerks, or registrars listed with the state to act as absentee voting officials. The clerk shall supply adequate voting supplies and ballots to the absentee voting official. [Ord. FY2009-19 §2, 2009; Ord. 86-22-O §2, 1986].