Chapter 3.70
ELECTION RESULTS
Sections:
3.70.010 Election board as canvassing committee.
3.70.020 Canvass to be made public—Procedure.
3.70.040 Certification of election results.
3.70.060 Recount expenses—Bond.
3.70.090 Prohibited practices alleged—Production of register books required.
3.70.100 Sustained charges—Recount.
3.70.110 Determination of tie votes.
3.70.120 Oath and affirmation.
3.70.010 Election board as canvassing committee.
The election board shall sit as the canvassing committee which will canvass all votes after the election judges have completed their tally of votes.
The canvassing committee will meet on the first Thursday following the election for which they are appointed and canvass all absentee and questioned ballots executed in the election. The canvass may be postponed from day to day for cause but not exceeding three postponements. (Ord. 86-9 § 1, 1986; Ord. 96-19 § 1, 1996; Ord. 03-05 § 1 (part), 2003.)
3.70.020 Canvass to be made public—Procedure.
A. In full view of those present, the canvassing committee shall judge the applicability of absentee and questioned ballots, 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 board 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 returns. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally certificates to the precinct’s certificate of returns shall be corrected in the canvassing committee’s certificate of election returns. If, in the opinion of the canvassing committee, a mistake has been made in a precinct’s certificate of returns which is not clearly an error in the transfer of results from the tally certificate to the certificate of returns, the canvassing board may order that a recount of the results of that precinct be made for that portion of the returns in question.
B. Questioned and absentee ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the certificate or if the witness, officer or other person authorized by law to administer the oath fails to affix his/her signature. Any person present may question the name of an absentee voter when read from the voter’s certificate on the back of the large envelope, if he has good reason to suspect that the voter is not qualified to vote, is disqualified or has voted at the same election. The person questioning the voter shall specify the basis of the question in writing. The canvassing committee, by a majority vote, may refuse to accept the question and count the ballot of a person properly questioned. If the ballot is refused, the clerk shall return a copy of the statement of the question to the voter by certified mail to the address contained in the voter certificate and shall enclose all rejected ballots in a separate envelope with the statements of question. The envelope shall be labeled “Rejected Ballots” and shall be preserved for one year with the empty absentee ballot envelopes or, in the case of questioned ballots, with the empty questioned ballot envelopes. If the ballot is not refused, the large envelope shall be opened, the small inner envelope shall be placed in a container and mixed with the other blank absentee and questioned ballot envelopes, the mixed small blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots found in Section 3.50.030. (Ord. 86-9 § 1, 1986.)
3.70.030 Record of canvass.
The minutes of the canvassing committee meeting shall show the number of ballots cast in such election, the names of the persons voted for and the propositions voted upon at such election, the offices voted for, and the number of votes cast for each candidate and for and against each proposition voted at such election. The minutes shall also indicate the disposition of all questioned, absentee, write-in and voided ballots, as well as any other matters which the canvassing committee may determine to be necessary. (Ord. 86-9 § 1, 1986.)
3.70.040 Certification of election results.
A. On the second Thursday following the election, the city council shall meet in public session to certify the election or order a recount or investigation of the election. The certificate shall consist of entering the results of the canvass upon the report of the canvassing committee, together with the total number of votes cast for each candidate, and for or against each proposition or question.
B. Upon certification of a valid election, the city council shall direct the clerk to deliver to each person elected to office a “certificate of election” signed by the mayor and the clerk and authenticated by the seal of the city.
C. If a contest is held and determined, the election results shall be publicly declared by the council and entered in the minutes of the special meeting of the council held within a week after the contest is determined. (Ord. 86-9 § 1, 1986; Ord. 03-05 § 1 (part), 2003.)
3.70.050 Contests.
A. Any candidate or any ten qualified voters may contest the election of any person and the approval or rejection of any question or proposition if it is believed that prohibited practices occurred at an election. An election may be contested before or during the first canvass of ballots by the canvassing committee pursuant to AS 29.26.070(b).
B. A candidate or elector who believes that prohibited practices occurred at an election will appear before the council at the meeting held on the first Monday following the election. He will deliver a sworn written notice of contest, which will state with particularity the provisions of the law allegedly violated and the specific acts asserted as misconduct.
“NOTICE OF ELECTION CONTEST
The undersigned believes that prohibited practices occurred at the election held on:
_________________________________________________________________________________
The undersigned states that the following provisions of law were violated:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
The undersigned states that the above provisions of law were violated in the following manner:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_____________________________
Signature of Person Contesting
SUBSCRIBED AND SWORN to before me, this ____ day of _____, 20_____.
_____________________________
Notary Public in and for Alaska
My commission expires: _____”
(Ord. 86-9 § 1, 1986.)
3.70.060 Recount expenses—Bond.
A. The contestant shall pay all costs and expenses incurred in a recount of an election demanded by the contestant except if the recount fails to reverse any result of the election and except where the difference between the winning and a losing vote on the final result after the contest is less than two percent.
B. Unless the grounds for which the contest was brought are determined to be valid, the candidate or contestant shall be individually liable for all expenses incurred by the city in its investigation and deliberation of the election contest.
C. Any person or persons contesting an election as provided herein shall post a cash bond in the amount of three hundred dollars, guaranteeing payment of the cost of contest as surety for such cost. If the contest is shown to be valid, this bond shall be refunded in full. (Ord. 86-9 § 1, 1986.)
3.70.070 Investigation.
The city council will order an investigation to be made by the city attorney, city clerk, and city manager, if notice of contest is received. Investigation proceedings will be public. (Ord. 86-9 § 1, 1986.)
3.70.080 Ballot recount.
If only a recount of ballots is demanded, the election board shall recount the ballots. (Ord. 86-9 § 1, 1986.)
3.70.090 Prohibited practices alleged—Production of register books required.
When the contestant alleges prohibited practices, the council will direct the city clerk to produce the original register books for the election. (Ord. 86-9 § 1, 1986.)
3.70.100 Sustained charges—Recount.
If the charges alleged by the contest are sustained, the canvassing committee shall determine whether any illegally cast votes or prohibited practices could have affected the election results. If they could not have, the canvassing committee shall so declare. The council will then certify the correct election returns as provided in Section 3.70.040. If it is determined that the illegally cast votes or prohibited practices could have affected the election results, the canvassing committee shall so declare and the council shall order a new election. If the contest involved only a portion of the ballot issues and/or offices, only the affected portion shall be submitted to the voters in the new election. (Ord. 86-9 § 1, 1986.)
3.70.110 Determination of tie votes.
If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the mayor shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by lot. After the determination has been made by lot, the mayor shall so certify. (Ord. 86-9 § 1, 1986.)
3.70.120 Oath and affirmation.
All officers elected before entering on the duties of office shall take and subscribe to the following oath and affirmation: “I, __________, do solemnly swear (or affirm) that I will support the Constitution and laws of the United States, the laws of the State of Alaska, the ordinances of the City of Dillingham, and that I will faithfully and honestly perform the duties of __________, so help me God.” (Ord. 86-9 § 1, 1986.)
3.70.130 Definitions.
In this chapter, unless the context requires otherwise:
A. “Clerk” means the city clerk or any properly authorized assistant, deputy or designee.
B. “Days” includes weekends and holidays.
C. “Election” includes any regular or special election of the City of Dillingham.
D. “Election officials” means the city clerk or his/her designee, election judges, election clerks and the canvass committee.
E. “Oath” includes affirmation.
F. “Precinct” means the territory established by the State of Alaska within which resident voters may cast ballots at one polling place.
G. “Proposition” includes question.
H. “Publication” means advertising in a newspaper of general circulation or posting in public places.
I. “Qualified voter” is any voter who fulfills the qualifications as set forth in Section 3.10.020.
J. “Regular election” means a general election to fill city offices as required by AS 29.28.015.
K. “Special election” means any election held at a time other than when a regular election is held.
L. “Swear” includes affirm.
M. “Voter” means any person who presents himself for the purpose of voting, either in person or by absentee ballot. (Ord. 86-9 § 1, 1986.)