Chapter 7.70
ELECTIONS BY MAIL

Sections:

7.70.010    Conduct of election by mail.

7.70.020    Election date.

7.70.030    Election officials.

7.70.040    Notification to voters.

7.70.050    Notice of election.

7.70.060    Voter instructions.

7.70.070    Casting ballots.

7.70.080    Storing ballots.

7.70.010 Conduct of election by mail.

A. The clerk may conduct an election by mail if it is held at a time other than when the regular borough election is held.

B. If the clerk conducts an election under subsection A of this section by mail, the clerk shall send a ballot for each election described in subsection A of this section to each person whose name appears on the official registration list prepared under AS 15.07.125 for that election. The ballot shall be sent to the address stated on the official registration list unless the voter has notified the clerk in writing of a different address to which the ballot should be sent. The clerk shall send ballots by first class, nonforwardable mail.

C. If the clerk conducts an election under subsection A of this section by mail, the clerk shall mail ballots under this section on or before the twenty-second day before the election.

D. The clerk shall review ballots voted under this section under procedures established for the review of absentee ballots.

E. There shall be a small gray envelope and a return envelope supplied to each by-mail voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare the voter’s qualification to vote, followed by provision for attestation by two attesting witnesses, who are at least 18 years of age. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.020 Election date.

When the clerk determines that an election will be conducted by mail under KIBC 7.70.010, the notice of election calling for the election must state that the election is to be conducted by mail and that there will be no polling place open for regular in-person voting on election day. In a by-mail election, election day will be the date designated by the clerk as the deadline by which a voter’s ballot must be voted, witnessed, mailed, and, if postmarked, date-stamped by the post office. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.030 Election officials.

In each election conducted by mail, the assembly shall appoint an election board composed of at least three election officials for each precinct in which the election is to be held. In the precincts of Akhiok, Cape Chiniak, Karluk, Larsen Bay, Old Harbor, Ouzinkie, and Port Lions, at least one election official for each precinct shall be available for at least 15 days preceding the election and on election day, at the hours and location specified by the clerk. For the precincts of Flats, Kodiak No. 1, Kodiak No. 2, and Mission Road, at least one election official shall be available for at least 15 days preceding the election and on election day, at the hours and location specified by the clerk. The clerk shall supply adequate voting supplies and ballots to the election officials. 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. The duties of the election official shall be as follows:

A. Provide absentee voting in person and special needs voting on any date the election officials are available, including the day of the election, following the procedures in KIBC 7.50.030 and 7.50.040. Voters have until the day of the election to return ballots.

B. Sign a voter’s by-mail oath and affidavit envelope as an authorized attesting official, except that the election official may not attest the official’s own ballot.

C. Accept receipt of a by-mail voter’s hand-delivered voted ballot, which has been sworn to, attested and sealed in the by-mail return envelope.

D. Provide general voter assistance including, but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign the register, and providing replacement ballots to voters who have improperly marked or damaged their ballots.

E. Date-stamp all ballots received by the election officials at their stations.

F. Provide for the security and safekeeping of all ballots received by the election officials at their stations and present those ballots to the clerk for canvassing.

G. The election officials for the precincts of Flats, Kodiak No. 1, Kodiak No. 2, and Mission Road shall receive and date-stamp ballots delivered by the United States Postal Service and present those ballots to the clerk for canvassing.

H. Any other duties assigned by the clerk. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.040 Notification to voters.

In addition to the public notice required by KIBC 7.10.060, the clerk shall send to each voter whose name appears on the official register advance notice of the election at the mailing address stated in the voter’s current registration record. The notice will be sent before ballots are mailed, and will include:

A. The date of the election.

B. Disclosure that the election will be conducted by mail and that no polling place will be available for regular in-person voting on election day.

C. Designation of the offices to which candidates are to be nominated or elected and a statement of the subject of the propositions and questions that are to appear on the ballot.

D. Designation of the date on which ballots are expected to be mailed to the voters.

E. Designation of the dates upon which a voter who may not have received a ballot can appear before a by-mail official and vote in person as specified in KIBC 7.70.030.

F. A listing of appointed by-mail officials and their hours and locations, and the services they can provide.

G. A statement of when the ballots may be voted, and the date upon which the ballot must be postmarked and received by the clerk or received by the by-mail voting official as specified in KIBC 7.70.030 in order to qualify for inclusion in the election tabulation.

H. Brief general instructions on how the ballots must be voted and how the oath and affidavit envelope must be completed. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.050 Notice of election.

For each election conducted by mail, the public notice posted in each precinct and the notice published in newspapers of general circulation in the area of the election jurisdiction will include the information specified in KIBC 7.70.040. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.060 Voter instructions.

Specific instructions for voting a by-mail ballot and a list of the appointed by-mail officials, their hours and locations, will be mailed to each voter with the ballot. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.070 Casting ballots.

A. Upon receipt of a mail-in ballot, the voter shall cast the ballot in the manner specified in KIBC 7.50.050(C) and (D). If the ballot is cast in the clerk’s office, the clerk shall retain it for delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by mail to the clerk immediately for delivery to the canvas board.

B. A voter who does not receive a mail-in ballot may cast the ballot in person as specified in KIBC 7.70.030.

C. A voter may return the mail-in ballot to a by-mail official as provided in KIBC 7.70.030. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].

7.70.080 Storing ballots.

The clerk shall provide for the secure storage of the mail-in ballots received from the voters and by-mail officials until the date set by the clerk for the counting of the ballots. [Ord. FY2009-19 §2, 2009; Ord. 90-07 §5, 1990].