Chapter 1.08
ELECTIONS

Sections:

1.08.010    Incorporation of state and federal law.

1.08.020    City clerk to administer city elections.

1.08.030    Election times.

1.08.040    Notice of elections.

1.08.050    Precincts, polling places and hours.

1.08.060    Sale of intoxicating beverages permitted.

1.08.070    Votes required for election to office.

1.08.080    Election supplies and equipment.

1.08.090    Election expenses.

1.08.100    Ballot form.

1.08.110    Sample ballots.

1.08.120    Preparation and distribution.

1.08.130    Propositions – Clarity – Conciseness.

1.08.140    Election officials.

1.08.150    Compensation of election officials.

1.08.160    Watchers.

1.08.170    Opening of polling place.

1.08.180    Voter register.

1.08.190    Voter identification at polls.

1.08.200    Persons not on official registration list.

1.08.210    Providing ballot to voter.

1.08.220    Assisting voter.

1.08.230    Spoiled ballots.

1.08.240    Placing ballot in ballot box.

1.08.250    Questioning procedure.

1.08.260    Closing of the polls.

1.08.270    Polling place prohibitions.

1.08.280    Unused ballots.

1.08.290    Commencement of ballot count.

1.08.300    General procedure for ballot count.

1.08.310    Rules for hand counting ballots.

1.08.320    Write-in votes.

1.08.330    Candidate qualifications.

1.08.340    Tally of votes.

1.08.350    Completion of ballot count.

1.08.360    Other ballot counting systems authorized.

1.08.370    Administration of absentee voting.

1.08.380    Designation of absentee voting officials.

1.08.390    Absentee voting – Eligibility.

1.08.400    Absentee voting – Fee prohibited.

1.08.410    Materials for absentee voting.

1.08.420    Absentee voting in person.

1.08.430    Absentee voting by mail.

1.08.440    Absentee voting by electronic transmission.

1.08.450    Special needs voting.

1.08.460    Counting of ballots.

1.08.470    Names of absentee voters.

1.08.480    Canvass board.

1.08.490    Canvass of returns.

1.08.500    Procedures for handling absentee and questioned ballots.

1.08.510    Voters not on official registration list.

1.08.520    Determination of tie votes.

1.08.530    Certification of the election results.

1.08.540    Recount – Application.

1.08.550    Recount – Form of application.

1.08.560    Recount – Date and notice.

1.08.570    Recount – Procedure.

1.08.580    Certification of recount result.

1.08.590    Return of deposit and apportionment of expenses upon recount.

1.08.600    Appeal or judicial review of election recount.

1.08.610    Contest of election – Grounds.

1.08.620    Contest of election – Procedure.

1.08.630    Appeal or judicial review of election contest.

1.08.640    Recall.

1.08.650    Grounds for recall.

1.08.660    Application for recall petition.

1.08.670    Recall petition.

1.08.680    Recall – Signature requirements.

1.08.690    Recall – Sufficiency of petition.

1.08.700    New recall petition application.

1.08.710    Recall – Submission.

1.08.720    Recall election.

1.08.730    Form of recall ballot.

1.08.740    Recall – Effect.

1.08.750    Recall – Successors.

1.08.760    Voting by mail – Ballots.

1.08.770    Voting by mail – Casting ballots.

1.08.780    Voting by mail – Notice of election – Election date – Public notice.

1.08.790    Voting by mail – Duties of absentee voting officials.

1.08.800    Voting by mail – Storing ballots.

1.08.810    Voter qualifications.

1.08.820    Rules for determining residence of voter.

1.08.830    Who may vote.

1.08.840    Candidate qualifications.

1.08.850    Nomination of candidates.

1.08.860    Public official financial disclosure statement.

1.08.870    Correction, amendments and withdrawal of nominating petitions.

1.08.880    Prohibitions.

1.08.890    Initiative and referendum.

1.08.010 Incorporation of state and federal law.

All provisions of the Constitution of the United States, the Constitution of the state of Alaska, and any laws enacted pursuant to said constitutions affecting city elections are incorporated in this chapter as if fully set forth herein.

1.08.020 City clerk to administer city elections.

The city clerk, in accordance with Section 2-6 of the Charter of the city of Ketchikan, shall administer and supervise city elections.

1.08.030 Election times.

In accordance with Section 10-1 of the Charter of the city of Ketchikan, regular elections shall be held annually on the first Tuesday in October. In addition, the council, by resolution or ordinance, may call, or may authorize the mayor by proclamation to call, special elections and submit questions thereat, in accordance with Section 10-9 of the Charter of the city of Ketchikan.

1.08.040 Notice of elections.

At least 20 days before every city election, regular or special, the city clerk shall cause to be published in a newspaper of general circulation within the city a notice of such election. The notice shall include, but is not limited to, the following: the date of the election; time during which the polling places will be open; the locations of the polling places; offices to which candidates are to be elected (if any); and the titles and subjects of propositions which are to be submitted to the voters at the election (if any). Failure to publish such notice of an election shall not affect the validity of the election or of the vote for any candidate or on any proposition; but, if caused by the city clerk, shall constitute failure to perform the clerk’s official duties.

In addition to the above notice, the city clerk shall publish in full every Charter amendment, every ordinance, and every other question which is to be submitted at an election, except a referred ordinance which was published in full after passage, in at least one newspaper of the city qualified by law for the publication of notices or by posting in at least five conspicuous public places in the city, not more than six weeks and at least three weeks before the election, and in accordance with Sections 1-6(12) and 10-9 of the Charter of the city of Ketchikan.

1.08.050 Precincts, polling places and hours.

(a)    The boundaries of the voting precincts are established as set forth in the Alaska Administrative Code. Descriptions of said voting precinct boundaries shall be available at the city clerk’s office. The precincts established by the state shall be the precincts for regular and special city elections. The city clerk shall secure a polling place in each precinct for all city elections.

(b)    The polls shall be open in each precinct for the purposes of voting from 7:00 a.m. to 8:00 p.m. on each election day.

1.08.060 Sale of intoxicating beverages permitted.

The provisions of AS 04.16.070(a) do not apply within the limits of the city when elections are being held.

1.08.070 Votes required for election to office.

In accordance with Section 10-2 of the Charter of the city of Ketchikan, candidates for office of mayor or councilperson shall be elected at large, by the qualified voters of the entire city, by secret ballot. When more than one seat is to be filled from a list of candidates for council, the number of candidates, equal to the number of vacancies, that receive the greatest number of votes, are elected. All elections shall be nonpartisan, and no party designation or emblem shall be placed on the ballot.

1.08.080 Election supplies and equipment.

(a)    Before the opening of the polls, the city clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct’s election, including those materials required by this section.

(b)    The city clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed on cards in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The city clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place.

1.08.090 Election expenses.

The city shall pay all necessary expenses relating to the conduct of each city election.

1.08.100 Ballot form.

(a)    Ballots shall be prepared in the manner prescribed by law for state elections, insofar as such prescription is applicable to nonpartisan elections. The ballot stubs shall be numbered in series to assure simplicity and secrecy and to prevent fraud.

(b)    All candidates to the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office, and provision shall be made for write-ins equal in number to the positions to be filled for each office. The names of candidates shall be printed as they appear upon the nominating petitions except that any honorary or assumed title or prefix shall be omitted. In accordance with Section 10-4 of the Charter of the city of Ketchikan, the words “Vote for...(one, two, three)” as the case may be, shall be placed immediately under the title of each office to be filled, before the list of candidates. The ballot shall be designed with the position of names of the candidates set out in the same order in each section on each ballot used in that election. The order for placement on the ballot of the names of candidates for each office shall be established by random drawing of each name by the city clerk after the filing period closes.

(c)    Following the offices and candidates, there shall be placed on the ballot or on separate ballots as determined by the city clerk all propositions or questions to be voted on. The words “Yes” and “No” shall appear below each proposition.

(d)    Each ballot shall bear the words “Official Ballot,” and the dates of the election. The city ballot may be combined with the ballot of any other political entity holding an election at the same time within the city or any portion thereof.

1.08.110 Sample ballots.

The city clerk shall have sample ballots printed on tinted paper identical in form to the official ballots to be used in each election, along with the words “Sample Ballot” printed on each. Sample ballots shall be distributed to each polling place identical to official ballots to be used at that polling place; and sample ballots identical to all official ballots for the election shall be retained in the city clerk’s office for distribution to the public upon request.

1.08.120 Preparation and distribution.

(a)    The city clerk shall ensure the printing of ballots for all city elections. The city clerk shall possess the printed ballots at least 20 days before each city election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his or her authorized agent, and any discovered mistake directly resulting from errors by city staff shall be corrected immediately.

(b)    The city clerk shall arrange for sufficient sample and official ballots for the registered voters of each precinct to be delivered to the election boards on or before the date of the election before the opening of the polls. A receipt for the ballots shall be taken from the election board to which it is delivered.

1.08.130 Propositions – Clarity – Conciseness.

All ballot propositions shall be stated in concise and clear language to avoid verbosity and with the object of informing and advising the voter of the issue in a clear and forthright manner. All ballot propositions shall be stated in the affirmative and not the negative so that a “Yes” vote will always mean that the voter approves of the affirmative of a position and not the negative; and a “No” vote disapproves the affirmative statement of an issue. Ballot propositions shall not be used to obtain a negative result by the casting of a “Yes” vote. Words of multi-syllables will be avoided in ballot propositions, and simple sentences shall be used in preference to complex or compound sentences, with the object of making ballot propositions understandable to the average reader.

1.08.140 Election officials.

(a)    There shall be an election board for each precinct in the city composed of not less than three election officials appointed by the city council at least two weeks before the election at which they are to serve. The election officials shall, to the extent possible, be appointed from among the qualified voters of each of the precincts for which they are appointed. The city clerk shall designate one of the officials as chair of the board, and the chair shall be primarily responsible for the administration of the election in the precinct. The city clerk shall appoint additional election officials if their services are required to conduct an orderly election. All city election officials shall be appointed without regard to their membership in any political party. The appointees shall subscribe to the oath required of all public officers by the Constitution of the state in the manner prescribed by the city clerk. Any vacancies in the election board occurring after appointment by the city council shall be filled by appointment of the remaining members of the election board with assistance from the city clerk.

(b)    Candidates, or members of a candidate’s immediate family, shall not serve as election officials for an election in which the candidate’s name is on the ballot.

1.08.150 Compensation of election officials.

Election officials shall be paid such compensation as established by resolution of the city council.

1.08.160 Watchers.

Any candidate for elective office may appoint a watcher for each precinct in the city. The watcher may be present at a position inside the place of voting or counting that affords a full view of all action of the election officials taken from the time the polls are opened until the ballots are finally counted and the results certified by the canvass board. The canvass board may require each watcher to present written proof showing appointment by the precinct party committee, the party district committee, the organization or organized group, or the candidate the watcher represents, that is signed by the chairperson of the precinct party committee, the party district committee, the state party chairperson, the organization or organized group, or the candidate. State law relating to watchers in state elections shall govern watchers in city elections insofar as it is applicable.

1.08.170 Opening of polling place.

(a)    On the day of the election, each election board shall open and close the polls in accordance with the hours established by this chapter and shall keep the polls continuously open during the time between those hours. The chair of the election board shall rotate times at which election officials may be relieved for breaks or meals; provided, however, that at all times at least three election officials from the election board are present at the polling place.

(b)    Before issuing any ballots, the election board must, in the presence of any persons assembled at the polling place, open and exhibit the empty ballot box to be used at the polling place. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed.

1.08.180 Voter register.

The election officials shall keep an original register or registers in which each voter before receiving a ballot shall sign the voter’s name or make their mark in the presence of the election officials. The record shall be kept in the registration book, in a space provided, of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote. If any election official present believes the voter is not qualified, the election official may question the voter in accordance with KMC 1.08.250.

1.08.190 Voter identification at polls.

(a)    Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including but not limited to an official voter registration card, driver’s license, passport, hunting or fishing license, or other form of identification as prescribed by regulation.

(b)    An election official may waive the identification requirement if the election official knows the identity of the voter by both first and last name.

(c)    A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a questioned ballot.

1.08.200 Persons not on official registration list.

If a person’s name does not appear on the official registration list in the precinct in which the person seeks to vote, the person may vote a questioned ballot.

1.08.210 Providing ballot to voter.

When a voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot.

1.08.220 Assisting voter.

A qualified voter needing assistance in voting may request an election official or not more than two persons of the voter’s choice to assist. If the election official is requested, the election official shall assist the voter. If any other person is requested, the person so requested shall state upon oath before the election official that they will not divulge the vote cast by the person assisted.

1.08.230 Spoiled ballots.

If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and the election official shall provide another ballot, up to a maximum of three. The election official shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it.

1.08.240 Placing ballot in ballot box.

When the voter has marked the ballot, the voter shall deposit the ballot in the ballot box in the presence of the election official unless the voter requests the election official to deposit the ballot on the voter’s behalf.

1.08.250 Questioning procedure.

(a)    Every election official shall question, and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the person is not qualified to vote in the election. All questions regarding a person’s qualifications to vote shall be made in writing, setting out the reason that the person has been questioned.

(b)    The questioned person, before voting, shall subscribe to a declaration on a form provided by the election official attesting to the fact that the person meets all qualifications of a voter, is not disqualified, and has not voted at the same election. After the questioned person has executed the oath or affirmation, the person may vote. If the questioned person refuses to execute the oath or affirmation, the person shall not vote.

(c)    A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for all voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the declaration the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box.

1.08.260 Closing of the polls.

(a)    Fifteen minutes before the closing of the polls, and at the time of closing the polls, an election official shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing of the polls. After closing, no person will be allowed to enter the polling place for purposes of voting. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

(b)    When the polls are closed and the last vote has been cast, the election board shall account for all ballots by completing a ballot statement containing, in a manner prescribed by the city clerk, the number of official ballots supplied.

(c)    The election board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the ballot statement and the ballots delivered to the city clerk.

1.08.270 Polling place prohibitions.

(a)    During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty. No person who is in the polling place or within 200 feet of any entrance to the polling place may attempt to persuade a person to vote for or against a candidate, proposition or question. The election officials shall post warning notices in the form and manner prescribed by the city clerk.

(b)    No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot, except as provided in KMC 1.08.220.

(c)    During the hours that the polls are open, no election official may open any ballot received from a voter, mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

(d)    No voter may leave the polling place with the official ballot that the voter received to mark.

(e)    Violations of this section are punishable by a fine of $300.00 per violation.

1.08.280 Unused ballots.

The number of ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the city clerk before the ballot box is opened. The number of ballots damaged by voters and replaced by election officials shall also be recorded. The record of ballots not issued and ballots damaged and replaced shall be preserved as instructed by the city clerk.

1.08.290 Commencement of ballot count.

(a)    The opening of the ballot box and the counting of ballots shall be accomplished in full view of any person present. The public may not be excluded from the area in which ballots are counted. However, the election officials shall not permit anyone present to interfere in any way or to distract the appointed election officials from their duties and no one other than appointed election officials may handle the ballots.

(b)    For counting of paper ballots, when the polls are closed and the last vote has been cast, the election board shall immediately proceed to open the ballot box, separate the questioned ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournment and until the count is complete. The city clerk may authorize the appointment of additional election officials to assist in the counting of ballots. If an appointed election official fails to appear and subscribe to the oath at the time designated by the city clerk, the election board may appoint any qualified voter to fill the vacancy.

(c)    In optical scan or other computer-read or electronic ballot precincts, when the polls have closed and the last vote has been cast, the election board shall immediately open the ballot box, separate questioned and write-in ballots from other ballots cast, place all ballots in the containers provided, and proceed with the ballot accountability and poll closing procedures provided by the city clerk.

1.08.300 General procedure for ballot count.

The city clerk may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (a) the number of official ballots received; (b) the number of official ballots voted; (c) the number of official ballots spoiled; (d) the number of official ballots unused and destroyed. The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the questioned voter register. Discrepancies shall be noted and the numbers included in the certificate prescribed by the city clerk. Ballots may not be counted before the polls are officially closed on the day of the election.

1.08.310 Rules for hand counting ballots.

(a)    The election board shall hand count ballots according to the following rules:

(1)    A voter may mark his ballot with a cross mark, “X” mark, diagonal, horizontal or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the marking device provided at the polling place or with any black- or blue-inked marker. The marks will be counted only if they are clearly spaced in the square or oval opposite the name of the candidate the voter desires to designate.

(2)    A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.

(3)    If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

(4)    If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted.

(5)    The mark specified in subsection (a)(1) of this section shall be counted only if it is substantially inside the square or oval provided, or touching the square or oval so as to indicate clearly that the voter intended the particular square marked.

(6)    Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly marked.

(7)    An erasure or correction invalidates only that section of the ballot in which it appears.

(b)    The rules set out in this section are mandatory and there shall be no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.

1.08.320 Write-in votes.

(a)    Write-in votes shall not be tallied except:

(1)    If the person running as a write-in candidate has, at least before 5:00 p.m. of the day before the election, filed a declaration they are willing to assume the office if elected and has filed a completed public official financial disclosure statement with the city clerk; or

(2)    If the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot.

(b)    In order to vote for a write-in candidate, the voter must, in the space provided, write in the candidate’s name and the voter must mark the square or oval opposite the candidate’s name in accordance with KMC 1.08.310(a)(1). Stickers shall not be used.

(c)    Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.

(d)    Write-in votes cast by writing in a nickname, abbreviated name, misspelled name or other similar deviation from the name of a candidate as it appears on the candidate’s public official financial disclosure statement shall be counted as a vote for that candidate if the intent of the voter can clearly be determined by the election officials counting such votes. Write-in votes that cannot clearly be determined by election officials shall be counted as cast for another person of a different name. In order to be elected, a write-in candidate must receive the number of votes required by this chapter.

1.08.330 Candidate qualifications.

(a)    All elected officials of the city shall be elected at the regular election in such years as the respective current term of the office to which they seek election shall expire.

(b)    A candidate for city mayor must meet the qualifications as listed in Section 2-2 of the Charter of the city of Ketchikan.

(c)    A candidate for city council must meet the qualifications as listed in Section 2-1 of the Charter of the city of Ketchikan.

(d)    The city clerk shall determine whether each candidate for city office is qualified as provided by the Charter of the city of Ketchikan. At any time before the election the city clerk may disqualify any candidate whom the city clerk finds is not qualified and immediately notify that candidate by certified mail. A candidate who is disqualified may request a hearing before the city clerk within five days of receiving the notice. The hearing shall be held no later than five days after the request unless the candidate agrees in writing to a later date.

(e)    Votes cast for a candidate who is disqualified shall not be counted. The only exception is to determine the number of total votes cast for a seat.

1.08.340 Tally of votes.

(a)    Tally of Votes Cast by Paper Ballots. The city clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the process. The election board shall canvass and count the votes according to the rules for determining marks on the ballots prescribed in KMC 1.08.310. The election board shall canvass the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the container for delivery to the city clerk may remove a ballot from the immediate vicinity of the polls or have a marking device in hand.

(b)    Voting Tabulation Systems. Upon closing of the polls the election board shall print results tape(s), sign the tape(s), and return tape(s) and memory card to the city clerk as set out in the election procedures. The results tape(s) serve as precinct certificates of the election.

1.08.350 Completion of ballot count.

When the tally of hand-counted ballots is completed the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the city clerk. The certificate and all ballots properly cast shall be delivered to the city clerk. To assure adequate protection the city clerk shall prescribe the manner in which the ballots, registers and all other election records and materials are thereafter preserved, transferred and destroyed.

1.08.360 Other ballot counting systems authorized.

Nothing in this title prohibits the use of other ballot counting systems that have been approved for use in state elections. The city clerk, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted by the state for use in state elections.

1.08.370 Administration of absentee voting.

The city clerk shall provide general administrative supervision over the conduct of absentee voting. The city clerk shall make available instructions to absentee voters regarding the procedure for absentee voting.

1.08.380 Designation of absentee voting officials.

The city clerk may appoint city or borough clerks or any person qualified to vote in state elections to act as absentee voting officials. The city clerk shall supply adequate voting supplies and ballots to the absentee voting officials. After taking an oath in the form required of election officials, an absentee voting official may perform all the duties of an election official with respect to the issuance, witnessing and receipt of absentee ballots at such places and times as the city clerk may designate. Each absentee voting official shall transmit the dated envelopes containing the marked ballots to the city clerk in the manner set forth in the written instructions provided by the city clerk. Upon receipt of the absentee ballots, the city clerk shall hold the ballots in a secure location until they can be transferred to the canvass board along with the absentee in-person registers and other election materials received from the absentee voting official.

1.08.390 Absentee voting – Eligibility.

At any election a qualified voter may vote an absentee ballot for any reason.

1.08.400 Absentee voting – Fee prohibited.

No person may receive a fee from the voter for attesting to any voter’s certificate required in voting absentee.

1.08.410 Materials for absentee voting.

The city clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, and shall provide a larger envelope, with the prescribed voter’s certificate on the back, in which the secrecy sleeve with ballot enclosed shall be placed. The city clerk shall provide the form of and prepare the voter’s certificate which shall include an oath that the voter is a qualified voter in all respects, a blank for the voter’s signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the attesting official or witness, and a place for recording the date the envelope was sealed and witnessed.

1.08.420 Absentee voting in person.

(a)    Absentee voting in person before an election official shall not begin prior to 15 days before a regular or special election. A qualified voter may apply in person for an absentee ballot at the office of the city clerk during regular office hours, or the voter may apply to the nearest city clerk’s office or absentee voting official in his area during regular office hours.

(b)    On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this chapter, the city clerk shall issue the ballot to the applicant.

(c)    The voter shall proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, place the secrecy sleeve in the larger envelope in the presence of the election official who shall sign as attesting official and shall date that signature. The election official shall then accept the ballot.

(d)    The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request and the election official shall provide another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.

(e)    Each absentee voting official shall keep a record of the names and the signatures of voters who cast absentee ballots in their presence and the dates on which the ballots were cast.

1.08.430 Absentee voting by mail.

(a)    A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the first of the year in which the election is to be held, nor less than seven days before an election. All applications for an absentee ballot by mail shall be either on a form provided by the city clerk’s office or in a letter containing the following information:

(1)    The applicant’s full Alaska residence address;

(2)    The address to which the applicant desires the absentee ballot be mailed; or if the application requests delivery of an absentee ballot by electronic transmission, the electronic transmission information to which the absentee ballot is to be returned;

(3)    The applicant’s signature;

(4)    A voter identifier such as voter number, the last four digits of the Social Security number, Alaska driver’s license number, Alaska state identification number, or date of birth.

A request may be made by facsimile, scanning, or other electronic transmission. Another individual may apply for an absentee ballot on behalf of a qualified voter if that individual is designated to act on behalf of the voter in a written general power of attorney or a written special power of attorney that authorizes the other individual to apply for an absentee ballot on behalf of the voter.

(b)    After receipt of an application by mail, the city clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the city clerk.

(c)    Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, place the secrecy sleeve in the larger envelope and sign the voter’s certificate on the back of the larger envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of 18 years.

(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 most expeditious mail service shall be used and the ballot mailed not later than the day of the election to the city clerk.

(e)    The city clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed, the date on which the ballot is received by the city clerk and the dates on which the ballot was executed and postmarked.

1.08.440 Absentee voting by electronic transmission.

(a)    A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not less than the day immediately preceding the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven days prior to the election, the ballot will be mailed in the manner provided in KMC 1.08.430 for absentee ballots by mail. The city clerk will provide reasonable conditions for electronically transmitting absentee ballots.

(b)    A ballot electronically transmitted shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot to be used by persons voting in person at the polling places is acceptable.

(c)    An absentee ballot that is completed and returned by the voter by electronic transmission must:

(1)    Contain the following statement: “I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible,” followed by the voter’s signature and date of signature; and

(2)    Be accompanied by a statement executed under oath as to the voter’s identity; the statement under oath must be witnessed by a United States citizen who is 18 years of age or older.

(d)    The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the city clerk. The ballot may not be counted unless it is received by the beginning of the canvass board meeting.

(e)    A voter who returns the absentee ballot by electronic transmission must comply with the same deadlines as for voting in person on or before the closing hour of the polls.

(f)    When a completed absentee ballot is received by electronic transmission, the city clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on election day, the time of receipt. The city clerk will then:

(1)    Remove the ballot portion of the transmission from the portion that identifies the voter;

(2)    Place the ballot portion in a secrecy sleeve;

(3)    Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots;

(4)    Attach the voter identification portion to the outer envelope; and

(5)    Forward the outer sealed envelope to the canvass board for review.

(g)    An electronically transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one or more election officials the manner in which a particular absentee voter cast his ballot. However, it shall be unlawful to display an electronically transmitted ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the city clerk, a member of the city clerk’s staff, an election official in the course of his or her duties, or an attorney advising the city clerk on legal questions concerning the ballot.

1.08.450 Special needs voting.

A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for in accordance with rules adopted by the state for use in state elections and in effect at the time of the local election.

1.08.460 Counting of ballots.

(a)    To be counted in the election, an absentee ballot must be postmarked on or before election day and be received by the city clerk no later than the beginning of the canvass board meeting. Absentee ballot envelopes received after that time shall not be opened, but shall be marked “invalid” with the date of receipt noted thereon. Such envelopes shall be retained with the other election records and destroyed with them as provided by the city’s records retention schedule.

(b)    Absentee ballot envelopes shall be examined by the canvass board who shall determine whether the absentee voter is qualified to vote at the election and whether the ballot has been properly cast.

1.08.470 Names of absentee voters.

The city clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is mailed or provided by electronic transmission and the date on which the ballot is received by the city clerk. The record shall be available for public inspection.

1.08.480 Canvass board.

(a)    Before each election the council shall appoint at least three but not more than five qualified voters, who shall not be members of any precinct election boards for that election, who shall constitute the election canvass board for that election. The canvassing board members shall be qualified voters of the city of Ketchikan, Alaska, shall not be precinct judges or members of the election board and shall be appointed without regard to their membership in any political party, but this shall not prohibit filling vacancies at any later time. All members of the canvass board, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the state of Alaska in the manner prescribed by the city clerk.

(b)    Candidates or members of the candidate’s immediate family shall not serve on the canvass board for an election in which the candidate’s name is on the ballot.

1.08.490 Canvass of returns.

(a)    No later than the Wednesday following each election, the election canvass board shall meet in public session and canvass all election returns. The canvass may be postponed for cause from day to day, but there shall be no more than three such postponements. In full view of those present, the election canvass board 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 the precinct election boards 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 results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct ballot statement shall be corrected by the canvass board. A mistake that has been made in precinct returns that is not clearly an error in the transfer of the results from the tallies to the ballot statement empowers the canvassing board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question.

(b)    Upon completion of the canvass, the canvassing board shall prepare a final certificate of the results of votes cast by absentee and questioned ballots and of votes cast by regular ballot, and shall prepare a written report of the results to be submitted to the council.

1.08.500 Procedures for handling absentee and questioned ballots.

(a)    Absentee Ballots. The large envelope shall be opened and the secrecy sleeve containing the ballot shall be combined with and mixed with other absentee ballot secrecy sleeves containing ballots. The mixed secrecy sleeves and ballots shall be drawn from the stack and the ballots removed, and the ballots shall be counted according to the rules for determining properly marked ballots.

(b)    Questioned Ballots. The canvass board, by majority vote, may refuse to accept and count the ballot of a person properly questioned. If the canvass board refuses to accept the ballot of a person properly questioned, the ballot envelope shall not be opened and a statement for the basis of the refusal shall be recorded upon the ballot envelope. The ballot envelope shall be labeled “rejected ballot” and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope shall be opened, the secrecy sleeve shall be combined with and mixed with other questioned ballot secrecy sleeves containing ballots, and counted the same as absentee ballots.

(c)    No absentee or questioned ballot shall be counted if the voter failed to properly execute the certificate, or if the witness or the officer or other person authorized by law to administer the oath fails to affix his or her signature.

(d)    After certification of the election, persons who voted an absentee or questioned ballot that was not counted by the canvass board shall be provided a written explanation of the reason their vote was not counted.

1.08.510 Voters not on official registration list.

A person whose registration has been canceled under AS 15.07.130 and who votes a questioned ballot shall not have the ballot counted.

1.08.520 Determination of tie votes.

(a)    If two or more candidates tie in having the same number of votes for the same office and their standing is such that if a recount broke the tie one of them would be elected, the canvass board shall immediately proceed with a recount of votes cast for those candidates. No recounts will be conducted for ties involving candidates that did not receive enough votes to be elected. The recount shall be conducted in accordance with this chapter.

(b)    If there is still a failure to elect because of a tie vote after completion of the recount, the election shall be determined fairly, by lot, from among the candidates tying, in a meeting of the council and under its direction. After the determination has been made by lot, the council shall certify the result.

1.08.530 Certification of the election results.

(a)    The council shall meet in public session the first Monday following the election to receive the report of the canvass board. If, after considering the report, the council determines that the election was validly held, the election shall be certified by resolution and entered upon the minutes of the meeting, together with the total number of votes cast for each candidate and for or against each proposition or question.

(b)    If the canvass board reports that a failure to comply with provisions of state law and city ordinances, or an illegal election practice has occurred, and that such failure is sufficient to change the outcome of the election, then the council may exclude the votes cast in one or more precincts where such failure or illegal practices occurred from the total returns, or may declare the entire election invalid and order a new election.

(c)    If the canvass board reports an apparent discrepancy in the returns of one or more precincts, the council may order a recount of votes cast in said precinct or precincts. Such recount shall be held in accordance with the procedures outlined in this chapter, and the results shall be reported to the council. The council shall meet as soon as possible to certify the results of the election recount.

(d)    Upon certification of a valid election, the city clerk shall promptly prepare, sign and issue certificates of election, sealed with the seal of the city, to all persons elected to office.

1.08.540 Recount – Application.

A defeated candidate, or 10 qualified voters who believe there has been a mistake made by an election official or by the canvass board in counting the votes in an election, may file an application for a recount with the city clerk no later than 5:00 p.m. on the day scheduled for the certification of the election results or by delivering the application for recount to the council at its meeting held to certify the election returns. The date on which the city clerk receives an application rather than the date of meeting or transmission determines whether the application was filed within the time allowed under this section.

1.08.550 Recount – Form of application.

(a)    A recount application shall state in substance the basis of the belief that a mistake has been made and shall identify the particular precinct, office, proposition or question for which the recount is requested to be held and shall state that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The candidate or person making the application shall designate by full name and mailing address two persons who shall represent the applicant during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by 10 qualified persons shall also include the designation of one of the number as chairman. The candidate or persons making the application shall sign the application and shall print or type their full name and mailing address.

(b)    The application shall include a deposit in cash or by certified check for $100.00. The deposit shall be applied against any costs incurred or refunded if there is no liability for recount costs.

1.08.560 Recount – Date and notice.

(a)    If the city clerk determines that the application is substantially in the required form, the city clerk shall fix the date of the recount to be held within three days after the receipt of an application requesting a recount of the votes in a city election after it has been initiated under KMC 1.08.540.

(b)    The city clerk shall give the recount applicant and other directly interested parties notice of the time and place of the recount by certified mail, by telegram, by telephone or by electronic transmission.

1.08.570 Recount – Procedure.

(a)    If a recount of ballots is demanded, the city clerk shall appoint a recount board of four or more qualified voters to conduct a recount of ballots for those precincts cited in the application for recount.

(b)    In conducting the recount, the recount board shall review all ballots to determine which ballots, or parts of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. For administrative convenience, the city clerk may join and include two or more applications in a single review and count of votes. The rules governing the counting of marked ballots shall be followed in the recount.

(c)    The ballots and other election materials shall remain in the custody of the city clerk during the recount and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within 10 days.

1.08.580 Certification of recount result.

Upon completion of the recount, the recount board shall meet and adopt a report of the results of the recount for submission to the council. The council shall abide by procedures for issuing a certificate of the election as set forth in this title.

1.08.590 Return of deposit and apportionment of expenses upon recount.

If, upon recount, a different candidate or position on a proposition or question is certified or if the vote on recount is two percent or more in excess of the vote originally certified for the candidate or position on a proposition or question supported by the recount application, the entire deposit shall be refunded to the recount applicant. If this section does not require that the entire deposit be refunded, the city clerk shall refund any money remaining after the cost of the recount has been paid from the deposit. If it is determined that the contestant shall bear the costs of the recount pursuant to this section and the deposit is insufficient to cover the costs, the city may recover the excess costs from the contestant. If the recount is obtained by petition of 10 or more voters, each of them shall be individually liable for the whole amount of such expense.

1.08.600 Appeal or judicial review of election recount.

A candidate or any 10 qualified voters who requested a recount who have reason to believe an error has been made in the recount involving any question, proposition, candidate or validity of any ballot may appeal to the superior court within 10 days after the council has concluded that said election was validly held and the results entered upon the minutes. If no such action is commended within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects.

1.08.610 Contest of election – Grounds.

(a)    A candidate or 10 qualified voters may contest the election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds:

(1)    Misconduct, fraud or corruption by an election official sufficient to change the result of the election;

(2)    The person elected is not qualified under law or ordinance; or

(3)    Existence of a corrupt election practice as defined by the laws of the state of Alaska sufficient to change the result of the election.

1.08.620 Contest of election – Procedure.

(a)    Notice of the contest of an election shall be submitted in writing to the city clerk before 5:00 p.m. on the day of the meeting scheduled for certification of the election or to the council at its meeting to certify the election returns. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidates or qualified voters bringing the contest. The notice shall be in substantially the following form:

NOTICE OF ELECTION CONTEST

The undersigned contest the regular (or special) election of the City of Ketchikan held on the _____ day of ___________, _____. The grounds for the contest are as follows:

__________________________________________________________________________

__________________________________________________________________________.

____________________________________________

Signature of Candidate or Persons Contesting Election

SUBSCRIBED AND SWORN to before me this _____ day of __________, _____.

____________________

Notary Public for Alaska

(b)    Upon receiving a notice of contest, the council shall order an investigation be conducted by the city clerk and city attorney or such other persons as the council deems appropriate. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings.

(c)    If the contest involves the eligibility of voters, the council shall direct the city clerk to recheck the state registration lists current at the time of the election. 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 may so declare and determine the election valid.

(d)    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.

(e)    Unless the grounds for which the contest was brought are determined to be valid, the contestant or the contestants shall be individually liable for the whole amount of the expenses incurred by the city in its investigation and deliberation of the election contest.

1.08.630 Appeal or judicial review of election contest.

A defeated candidate or any 10 qualified voters who contested an election may bring an action in superior court within 10 days after the council has concluded that said election was validly held and the results entered upon the minutes. If no such action is commended within the 10-day period, the election and the election result shall be conclusive, final, and valid in all respects.

1.08.640 Recall.

An official who is elected or appointed to an elective municipal office may be recalled by the voters after the official has served the first 120 days of the term for which elected or appointed.

1.08.650 Grounds for recall.

Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed duties.

1.08.660 Application for recall petition.

(a)    An application for a recall petition shall be filed with the city clerk and must contain:

(1)    The signatures and residence addresses of at least 10 qualified city voters who will sponsor the petition;

(2)    The name and address of the contact person and an alternate to whom all correspondence relating to the petition may be sent; and

(3)    A statement in 200 words or less of the grounds for recall stated with particularity.

(b)    An additional sponsor may be added at any time before the petition is filed by submitting the name of the sponsor to the clerk.

1.08.670 Recall petition.

(a)    If the city clerk determines that an application for a recall petition meets the requirements of KMC 1.08.660, the clerk shall prepare a recall petition. All copies of the petition must contain:

(1)    The name of the official sought to be recalled;

(2)    The statement of the grounds for recall as set out in the application for petition;

(3)    The date the petition is issued by the clerk;

(4)    Notice that signatures must be secured within 60 days after the date the petition is issued;

(5)    Spaces for each signature, the printed name of each signer, the date of each signature, and the residence and mailing addresses of each signer;

(6)    A statement, with space for the sponsor’s sworn signature and date of signing, that the sponsor personally circulated the petition, that all signatures were affixed in the presence of the sponsor, and that the sponsor believes the signatures to be those of the persons whose names they purport to be; and

(7)    Space for indicating the number of signatures on the petition.

(b)    The clerk shall notify the contact person in writing when the petition is available. That person is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to each sponsor who appears in the clerk’s office and requests a petition, and the clerk shall mail the petition to each sponsor who requests that the petition be mailed.

1.08.680 Recall – Signature requirements.

(a)    The signatures on a recall petition shall be secured within 60 days after the date the clerk issues the petition. The statement provided under KMC 1.08.670(a)(6) shall be completed and signed by the sponsor. Signatures shall be in ink or indelible pencil.

(b)    The clerk shall determine the number of signatures required on a petition and inform the contact person in writing. The petition shall be signed by a number of voters equal to 25 percent of the number of votes cast for that office at the last regular election held before the date written notice is given to the contact person that the petition is available.

(c)    Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed name. Signatures not accompanied by a legible residence shall be rejected.

(d)    A petition signer may withdraw the signer’s signature upon written application to the clerk before certification of the petition.

1.08.690 Recall – Sufficiency of petition.

(a)    The copies of a recall petition shall be assembled and filed as a single instrument. A petition may not be filed within 180 days before the end of the term of office of the official sought to be recalled. Within 10 days after the date a petition is filed, the municipal clerk shall:

(1)    Certify on the petition whether it is sufficient; and

(2)    If the petition is insufficient, identify the insufficiency and notify the contact person by certified mail.

(b)    A petition that is insufficient may be supplemented with additional signatures obtained and filed before the eleventh day after the date on which the petition is rejected if:

(1)    The petition contains an adequate number of signatures, counting both valid and invalid signatures; and

(2)    The supplementary petition is filed more than 180 days before the end of the term of office of the official sought to be recalled.

(c)    A petition that is insufficient shall be rejected and filed as a public record unless it is supplemented under subsection (b) of this section. Within 10 days after the supplementary filing the clerk shall recertify the petition. If it is still insufficient, the petition is rejected and filed as a public record.

1.08.700 New recall petition application.

A new application for a petition to recall the same official may not be filed sooner than six months after a petition is rejected as insufficient.

1.08.710 Recall – Submission.

If a recall petition is sufficient, the clerk shall submit it to the governing body at the next regular meeting or at a special meeting held before the next regular meeting.

1.08.720 Recall election.

(a)    If a regular election occurs within 75 days but not sooner than 45 days after submission of the petition to the governing body, the governing body shall submit the recall at that election.

(b)    If no regular election occurs within 75 days, the governing body shall hold a special election on the recall question within 75 days but not sooner than 45 days after a petition is submitted to the governing body.

(c)    If a vacancy occurs in the office after a sufficient recall petition is filed with the clerk, the recall question may not be submitted to the voters. The governing body may not appoint to the same office an official who resigns after a sufficient recall petition is filed naming that official.

1.08.730 Form of recall ballot.

A recall ballot must contain:

(a)    The grounds for recall as stated in 200 words or less on the recall petition;

(b)    A statement by the official named on the recall petition, of 200 words or less, if the statement is filed with the clerk for publication and public inspection at least 30 days before the election;

(c)    The following question: “Shall (name of person) be recalled from the office of (name of office)? Yes [ ] No [ ].”

1.08.740 Recall – Effect.

(a)    If a majority vote favors recall, the office becomes vacant upon certification of the recall election.

(b)    If an official is not recalled at the election, an application for a petition to recall the same official may not be filed sooner than six months after the election.

1.08.750 Recall – Successors.

(a)    If an official is recalled from the governing body, the office of that official is filled in accordance with KMC 2.04.029.

(b)    A person who has been recalled may not be appointed under subsection (a) of this section to the office from which the person was recalled. A person appointed under subsection (a) of this section serves until a successor is elected and takes office.

1.08.760 Voting by mail – Ballots.

(a)    The city clerk may conduct a special election by mail.

(b)    When the city clerk conducts a special election by mail, the city clerk shall send a ballot to each person whose name appears on the official voter 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 city clerk in writing of a different address to which the ballot should be sent or the address on the official registration list has been identified as being an undeliverable address. The city clerk shall send ballots by first class, nonforwardable mail on or before the twenty-second day before the election.

(c)    The city clerk shall review ballots voted under this section under procedures established for the review of absentee ballots.

(d)    There shall be a secrecy sleeve 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 his or her qualifications to vote, followed by provision for attestation by a person qualified to administer oaths or one attesting witness who is at least 18 years of age. Specific instructions for voting a mail-in ballot and a list of the appointed absentee voting officials, their hours and locations, will be mailed to each voter with the ballot.

1.08.770 Voting by mail – Casting ballots.

(a)    Upon receipt of a mail-in ballot, the voter shall cast his or her ballot in the manner specified in KMC 1.08.430. If the ballot is cast in the city clerk’s office, the city clerk shall retain it for delivery to the canvass board. If the ballot is cast in another location, the voter shall return it by mail to the city clerk immediately for delivery to the canvass board.

(b)    A voter who does not receive a mail-in ballot may cast his ballot in person as specified in KMC 1.08.420.

(c)    A voter may return the mail-in ballot to an absentee voting official as provided in KMC 1.08.430.

1.08.780 Voting by mail – Notice of election – Election date – Public notice.

(a)    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 is the deadline by which a voter’s ballot must be received by the city clerk.

(b)    For each election conducted by mail, the posted public notice and the notice published in newspapers of general circulation in the area of the election jurisdiction will include the information specified in KMC 1.08.040.

1.08.790 Voting by mail – Duties of absentee voting officials.

(a)    The city clerk may, with the approval of the borough clerk, appoint borough clerks in the area to act as absentee voting officials. If no borough clerk is available or if the borough clerk is unable or unwilling to act as an absentee voting official, the city clerk may appoint any qualified voter to serve as an absentee voting official. The city clerk shall supply adequate voting supplies and ballots to the absentee voting officials. The city clerk shall provide moderate compensation to the absentee voting officials to cover added expenses of the administration of this service, which shall be agreed to by the absentee voting officials.

(b)    The duties of the absentee voting officials shall be as follows:

(1)    Provide absentee voting in person on any date including the day of the election following the procedures in KMC 1.08.420 and special needs voting on any date including the day of the election following the procedures in KMC 1.08.450;

(2)    Sign a voter’s by-mail oath and affidavit envelope as an authorized attesting official, except that the absentee voting official may not attest his or her own ballot;

(3)    Accept receipt of a by-mail voter’s hand-delivered ballot, which has been sworn to, attested and sealed in the by-mail return envelope;

(4)    Provide general voter assistance, including, but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign his or her name, and providing replacement ballots to voters who have improperly marked or damaged their ballots;

(5)    Date-stamp all ballots received;

(6)    Provide for the security and safekeeping of all ballots received and present those ballots to the city clerk for canvassing. The city clerk will specify the means of returning the voted ballots and all other election supplies to the city.

1.08.800 Voting by mail – Storing ballots.

The city 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 city clerk for the counting of the ballots.

1.08.810 Voter qualifications.

A person is qualified to vote in city-wide elections who is registered to vote in state elections at a residence address within the city of Ketchikan at least 30 days before the election at which the person seeks to vote.

1.08.820 Rules for determining residence of voter.

For the purpose of determining residence for voting, the place of residence is governed by the rules set forth in AS 15.05.020.

1.08.830 Who may vote.

The precinct election officials at any election shall allow a person to vote whose name is on the official registration list for that precinct and who is qualified under KMC 1.08.810. A person whose name is not on the official registration list shall be allowed to vote a questioned ballot.

1.08.840 Candidate qualifications.

(a)    All elected officials of the city shall be elected at the regular election in such years as the respective current term of the office to which they seek election shall expire.

(b)    A candidate for city mayor must meet the qualification as listed in Section 2-2 of the Charter of the city of Ketchikan.

(c)    A candidate for city council must meet the qualifications as listed in Section 2-1 of the Charter of the city of Ketchikan.

(d)    The city clerk shall determine whether each candidate for city office is qualified as provided by law. At any time before the election the city clerk may disqualify any candidate whom the city clerk finds is not qualified and immediately notify that candidate by certified mail. A candidate who is disqualified may request a hearing before the city clerk within five days of receiving the notice. The hearing shall be held no later than five days after the request unless the candidate agrees in writing to a later date.

1.08.850 Nomination of candidates.

(a)    Nomination for the filling of elective offices of mayor and councilmember shall be made only by petition of at least 10 qualified voters residing within the city.

(b)    A nominating petition shall be in a form provided by the city clerk and shall state the following:

(1)    The full name of the candidate, and the manner in which the candidate’s name is to appear on the ballot;

(2)    The full residence and mailing addresses of the candidate;

(3)    A statement that the candidate is qualified to fill the office as provided by law and the candidate’s willingness to do so;

(4)    The date and notarized signature of the candidate certifying the information contained in the nominating petition is true and accurate;

(5)    Any other information that the city clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law.

(c)    Nominating petitions shall be provided by the city clerk not earlier than 30 days prior to the opening of the filing period.

(d)    Nominating petitions shall be completed and filed with the city clerk not more than eight weeks and at least four weeks prior to the election.

(e)    Within four days after the filing of a nominating petition, the city clerk shall notify the candidate named in the petition and the person who filed the petition whether or not the petition is in proper form and is signed by at least 10 qualified voters. If the petition is deficient in any way, the city clerk shall immediately return it to the person who filed it with a statement certifying wherein it is deficient. A new petition, or the same petition, if the deficiency is in the number of signatures, for the same candidate may be filed within the time for filing nominating petitions.

1.08.860 Public official financial disclosure statement.

Candidates for elective city office shall file a public official disclosure statement with the city clerk at the time of filing a nominating petition in accordance with Section 2-17 of the Charter of the city of Ketchikan. The name of the candidate shall be placed on the ballot by the city clerk only after the candidate has complied with this requirement.

1.08.870 Correction, amendments and withdrawal of nominating petitions.

(a)    Any candidate nominated may withdraw his or her nomination at any time during the period for filing nominating petitions by appropriate written notice to the city clerk. However, after the period for filing nominating petitions has closed, no nomination petition may be corrected, amended or withdrawn.

(b)    Any petition filed with the city clerk shall not be changed as to term of office. A new petition shall be requested from the city clerk if the candidate desires to file for a different seat.

1.08.880 Prohibitions.

It is unlawful for any person, firm, or corporation to do any of the following acts; and any person, firm, or corporation who does any of the following acts shall be guilty of a misdemeanor:

(a)    Directly or indirectly uses or threatens to use force, coercion, violence, or restraint, or inflicts or threatens to inflict damage, harm, or loss upon or against any person to induce or compel the person to vote or refrain from voting for any candidate in any election or for any election proposition or question;

(b)    Gives, or promises to give, or offers any money or valuable thing to any person, with the intent to induce him to vote for or restrain him from voting for any candidate at any election or election proposition or question;

(c)    Knowingly circulates, or has written, printed, or circulated, any letter, circular, or publication relating to any election or to any candidate at any election or to any election proposition or question without the same bearing on its face the name and address of the author, printer, and publisher thereof;

(d)    Knowingly circulates, or has written, printed, or circulated, any letter, circular, bill, placard, or poster, or who knowingly causes any paid advertisement to be placed in a newspaper or any other publication, television or radio announcement, or who pays or contributes to the payment for any such advertisement, containing any false information relating to a candidate or election proposition that the person knows to be false and that would provoke a reasonable person under the circumstances to a breach of the peace or that a reasonable person would construe as damaging to the candidate’s reputation for honesty and integrity, or to the candidate’s qualifications to serve if elected;

(e)    Has in his or her possession outside of the voting room any official ballot; provided, that this shall not apply to election officials or other properly authorized persons having such possession in line of duty;

(f)    Makes or knowingly has in his or her possession any counterfeit of an official ballot;

(g)    Refuses to allow an employee reasonable time off for the purpose of voting when the employee does not have a reasonable amount of time to vote before or after work, or who, after allowing the time off, deducts the time from the compensation of the employee;

(h)    Being an election official, while the polls are open, opens any ballot received from a voter at any election, or marks a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempts to learn how any voter marked his ballot, or allows the same to be done by any other person;

(i)    Votes or attempts to vote in the name of another person or in any name other than the person’s own;

(j)    By force, threat, intimidation, or offer of reward, induces or attempts to induce any election official to fail in his duty;

(k)    Intentionally changes or causes to be changed any official election documents, including ballots, tallies, and returns, or attempts to do the same;

(l)    Intentionally delays or causes to be delayed the election returns, or attempts to do so;

(m)    Intentionally votes or attempts to vote more than once at the same election;

(n)    Signs any name other than the person’s own to a petition proposing an initiative, referendum, or recall, or knowingly signs his name more than once for the same proposition or question at one election, or signs the petition when knowingly not a qualified voter;

(o)    Having been contracted or employed by the city to print or reproduce in any manner any official ballot, personally appropriates, or gives or delivers to, or knowingly permits to be taken by anyone other than a person authorized by the city clerk any official ballots, prints or reproduces or causes to be printed or reproduced any official ballots in any other form or with any other content than that prescribed by the Charter or ordinance or as directed by the city clerk;

(p)    Intentionally makes a false affidavit or swears falsely under any oath required in connection with any election or registration for voting or falsely affirms in lieu of so swearing;

(q)    Intentionally fails to perform any election duty or knowingly does any unauthorized act with the intent to affect the election or its results;

(r)    Knowingly permits or makes or attempts to make any false count or report of the election returns;

(s)    Being an election official, intentionally conceals, withholds, wrongfully changes, mutilates, or destroys the election returns, or attempts to do so.

Any person, firm, or corporation who is guilty of a misdemeanor as defined hereinabove shall be punished, upon conviction thereof, according to KMC 1.02.030.

1.08.890 Initiative and referendum.

The initiative and referendum shall be governed by the City Charter, Article XI. The provisions of this chapter shall govern elections at which initiated and referred proposals are submitted to the voters as well as other elections, insofar as they are applicable.