CHAPTER 25.30: VOTING PROCEDURE
Section
25.30.010 Prohibition of political discussion by election official
25.30.020 Prohibition of political persuasion near polls
25.30.050 Voting ballots [Repealed]
25.30.051 Providing ballot to voter
25.30.060 Voting paper ballots [Repealed]
25.30.070 Questioned ballots; issuance
25.30.080 Ballots damaged by voter
25.30.090 Assistance to voters
25.30.110 Forms completion; unused ballots
25.30.120 Opening ballot box; counting
25.30.130 Ballot container delivery
25.30.010 PROHIBITION OF POLITICAL DISCUSSION BY ELECTION OFFICIAL.
During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty.
(Ord. 94-040AM1, § 3 (part), 1994)
25.30.020 PROHIBITION OF POLITICAL PERSUASION NEAR POLLS.
(A) During the hours the polls are open, no person who is in the polling place or within 200 feet of any entrance of the polling place may attempt to persuade a person to vote for or against a candidate, proposition, or question. For the purposes of this section, the entrance to a polling place is any entrance to the building. The election board shall post warning notices in the form and manner prescribed by the clerk.
(B) Any literature that a candidate, group or person intends to distribute at a polling place or within 200 feet of any entrance of a polling place shall have the literature reviewed and approved for distribution by the clerk 30 calendar days prior to a regular or special election.
(C) No partisan or nonpartisan political activity, or any other activity which, in the judgment of the clerk, may directly or indirectly interfere with the orderly conduct of the election, shall be permitted in, on, or within 200 feet of any entrance to the building used as a polling or vote counting place. “Political activity” in this section includes without limitation, any activity intended to persuade a person to vote for or against any candidate or measure or to desist from voting.
(Ord. 23-072, § 3, 2023; Ord. 07-032, § 6, 2007; Ord. 98-049, § 2, 1998; Ord. 95-020, § 25, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.30.025 POLL WATCHERS.
(A) Each candidate, or organized group that sponsors or opposes an issue, may designate one person at a time to be a poll watcher in each precinct and early vote count location.
(B) A person wishing to serve as a poll watcher shall request authorization from the clerk. The authorization must include:
(1) the name of the person to act as a poll watcher;
(2) the name of the candidate, group, or organization the poll watcher is representing;
(3) the date of the election; and
(4) the precinct the poll watcher wishes to observe.
(C) The poll watcher must present authorization as defined in subsection (B) of this section to the election official upon request. The poll watcher will be provided an area to view all actions of the election board. Without the proper authorization, the election official is empowered to ask a poll watcher to leave the polling place.
(D) Persons observing may:
(1) observe the conduct of the election;
(2) check the polling booths after each voter to make sure campaign materials have not been left in the booth; and
(3) observe the hand count of ballots and clearly see and hear all ballot counting activities.
(E) Persons observing may not:
(1) have any duties in the conduct of the election;
(2) be allowed to touch any of the election materials; and
(3) interfere or disturb the orderly conduct of the election.
(Ord. 22-119, § 4, 2022; Ord. 97-025, § 15, 1997)
25.30.030 BALLOT BOX SECURITY.
Before receiving any ballots, the election board shall, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box shall be sealed with a security device. The box shall not be opened again, and shall not be removed from the polling place, nor from the presence of persons assembled at the polling place, until after the polls have finally closed.
(Ord. 94-040AM1, § 3 (part), 1994)
25.30.040 KEEPING OF REGISTER.
The election board shall keep a register in which each voter’s signature, residence and mailing address shall be entered before the voter receives a ballot. A record shall be kept in the register in the space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register shall constitute a declaration that the voter is qualified to vote.
(Ord. 99-081, § 19, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.30.050 Voting Ballots. [Repealed by Ord. 99-081, § 20, 1999]
25.30.051 PROVIDING BALLOT TO VOTER.
When the voter has qualified to vote, an election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot.
(Ord. 99-081, § 21, 1999)
25.30.060 Voting Paper Ballots. [Repealed by Ord. 99-081, § 22, 1999]
25.30.070 QUESTIONED BALLOTS; ISSUANCE.
(A) If a voter’s qualification to vote is in question, the voter may vote a questioned ballot after complying with subsection (C).
(B) Every election official and any other person qualified to vote may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote. All questions regarding a person’s qualification to vote shall be made in writing, setting out the reason that the person has been questioned. The questioned ballots and statements shall remain in the election official’s custody and shall be delivered to the clerk. The clerk shall deliver the questioned ballots and statement to the canvass board for canvassing.
(C) The questioned person, before voting, shall execute a certification on a form provided by the election official attesting to the fact the person is at least 18 years of age, is a United States citizen, is a resident of Alaska, is not registered to vote in a different state or has taken the necessary steps to cancel that registration, is or has been a registered voter in Alaska at some time in the last 4 years or is newly registering, is not disqualified, and has not voted at the same election. After the questioned person has executed the certification, the person may vote.
(D) After voting, the questioned voter shall deliver the ballot to the election official.
(Ord. 02-067, § 15, 2002; Ord. 99-081, § 2, 1999; Ord. 98-104, § 13, 1998; Ord. 95-020, § 26, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.30.080 BALLOTS DAMAGED BY VOTER.
(A) If a voter mutilates, improperly marks, spoils or otherwise damages the voter’s ballot, the voter may request and the election official shall provide another ballot upon the voter returning the damaged ballot to the election officials, with a maximum of three ballots of each type. The election official shall, without examining the spoiled ballot, give it back to the voter who shall destroy and discard it immediately in the presence of an election official. The election official shall then issue another ballot to the voter. The election official shall record on the ballot accountability form that there was a spoiled ballot.
(Ord. 12-053, § 14, 2012: Ord. 04-075, § 3, 2004; Ord. 94-040AM1, § 3 (part), 1994)
25.30.090 ASSISTANCE TO VOTERS.
Non-English speaking voters, voters who are blind, physically impaired, or otherwise incapable of marking a ballot, may bring a person, or if necessary two persons, of their choice with them to the poll, or before an election official, to assist them in casting their ballots. The persons assisting the voter may not be a candidate for office in that election, a family member of the candidate for office for that election, the voter’s employer, agent of the employer, or officer or agent of the voter’s union. If an election official is requested, an election official shall assist the voter. If a person, other than an election official, is to provide assistance, the person must take an oath before an election official not to divulge how the voter cast the ballot.
(Ord. 01-019, § 12, 2001; Ord. 99-081, § 24, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.30.100 CLOSING OF POLLS.
Fifteen minutes before and at the time of closing of the polls, an election official shall announce the time and the time of closing the polls. Every qualified voter present and in line at the time prescribed for closing the polls may vote. The voter shall proceed to mark the ballot in secret and prepare the ballot by following the instruction given by the election official.
(Ord. 99-081, § 25, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.30.110 FORMS COMPLETION; UNUSED BALLOTS.
(A) The serial numbers of the ballots not voted, the total number of the ballots not voted, and all ballots mutilated or spoiled by voters shall be recorded by the election official. The top portions of all unvoted ballots, including one-half of the ballot, shall be returned to the clerk. The record of ballots not voted, and the ballots mutilated or spoiled by voters, shall be delivered by the election official to the clerk.
(B) All supplies, completed forms, and other papers shall be delivered to the clerk.
(Ord. 99-081, § 26, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.30.120 OPENING BALLOT BOX; COUNTING.
(A) The election officials shall, in full view of all persons assembled at the polling place, open the secured ballot boxes and shall segregate the questioned ballots, the absentee ballots, and the personal representative ballots from the regular ballots voted at the election.
(B) Each segregated group of ballots shall be compared with the register or form appropriate to that group to ensure that the correct number of ballots is in each group.
(C) The election officials shall, in full view of any poll watchers at the polling place, proceed to hand count regular ballots voted at the election and record the results.
(D) Each segregated group of ballots shall be placed in a ballot container and sealed. The seal shall bear the date of the election and the election officials’ signatures.
(Ord. 22-119, § 5, 2022; Ord. 03-074(AM), § 11, 2003; Ord. 99-081, § 27, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.30.130 BALLOT CONTAINER DELIVERY.
The precinct election board shall, within 24 hours of closing the polls, deliver the ballot containers to the clerk.
(Ord. 22-119, § 6, 2022; Ord. 99-081, § 28, 1999; Ord. 96-014AM, § 9, 1996; Ord. 94-040AM1, § 3 (part), 1994)