Chapter 4.50


4.50.010    Grounds for election contest.

4.50.020    Notice of contest procedure.

4.50.030    Appeal or judicial review.

4.50.010 Grounds for election contest.

Any candidate or 10 qualified voters who were qualified to vote on the election day may contest the election on one or more of the following grounds:

a. Malconduct, fraud, or corruption by an election official sufficient to change the results of the election;

b. The person elected is not qualified under the law or the Homer City Code;

c. Any corrupt practice as defined by law sufficient to change the results of the election. [Ord. 21-35 § 4, 2021; Ord. 95-1(S), 1995; Ord. 90-42(A) §§ 4, 5, 1990; Ord. 82-6 § 23, 1982].

4.50.020 Notice of contest procedure.

a. Notice of contest of an election shall be submitted in writing to the Clerk by 5:00 p.m. on the day of the certification of the election and shall include payment by cash, certified check, or credit card for the amount listed in the most current City of Homer Fee Schedule.

b. The notice of contest shall be filed in person and contain:

1. The election to be contested;

2. The specific grounds of the contest;

3. Documentation or evidence supporting the contest, if any;

4. The contact information of the representative who will receive communications from the City regarding the contest; and

5. The legal name, residence address, contact information, and notarized signature of each candidate or City voter who is an applicant.

c. The notice shall include a deposit for the amount listed in the most current City of Homer Fee Schedule.

d. Upon receipt of the notice to contest an election, the Clerk shall submit it to the Council. The Council shall order an investigation to be conducted. The Clerk and City Attorney shall investigate the grounds of the contest and submit a report of findings to the Council. The Clerk may request that the Canvass Board, or additional personnel as necessary, assist with the investigation. The Council shall defer the certification of the contested election results pending receipt of the report, but shall proceed with certification of all election results that are not contested. Those contesting the election, those whose election is contested and the public shall be allowed to attend all investigation proceedings.

e. If the contest involves the eligibility of voters the Council shall direct the Clerk to recheck the most current state registration lists. After considering the reports of the investigating officials and any other proof, the Council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the Council shall so declare and determine the election valid.

f. If the contest involves other prohibited election practices which are shown to have taken place, the Council, in certifying the election returns, shall exclude the vote of the precincts where such practices occurred. If it is determined that such exclusion could not affect the election results, the Council shall declare the election valid and certify the results pursuant to this title.

g. If the investigation determines election misconduct has occurred sufficient to change the results of an election, a recommendation for remedy will be included in the investigation report to the Council.

h. Should the contestant prevail with the election contest, the payment will be refunded to the contestant. If the contest results in a recount, the contestants shall pay all costs and expenses incurred in a recount of an election as provided by HCC 4.45.070. [Ord. 21-35 § 4, 2021].

4.50.030 Appeal or judicial review.

No person may appeal or seek judicial review of an election for any cause unless the person has exhausted the administrative remedies before the Council, and has commenced an action in the Superior Court for the State of Alaska, Third Judicial District at Homer, within 10 calendar days after the Council has certified the election results. If court action is not commenced within the 10-day period, the election and the election results shall be conclusive, final, and valid. [Ord. 21-35 § 4, 2021].