Chapter 5.05
GENERAL PROVISIONS

Sections:

5.05.010    Incorporation of state and federal law.

5.05.020    Definitions.

5.05.030    Borough clerk to administer elections.

5.05.040    Election times.

5.05.050    Precincts and polling places.

5.05.060    Notice of elections.

5.05.070    Votes required for election to office.

5.05.080    Nonpartisan requirement.

5.05.090    Sale of intoxicating beverages permitted.

5.05.100    Informational brochures for ballot propositions.

5.05.110    Election supplies and equipment.

5.05.120    Election expenses.

5.05.130    Preservation of election ballots, papers and materials.

5.05.010 Incorporation of state and federal law.

All provisions of the Constitution of the United States, the Constitution of the State and any laws enacted pursuant to said Constitution affecting borough elections are incorporated in this chapter as if fully set forth herein. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.010.]

5.05.020 Definitions.

“Borough clerk” means the borough clerk of the Ketchikan Gateway Borough or any properly authorized assistant or designee.

“Borough election” means any election: (1) to fill a borough office; (2) submit a proposition to the voters under the ordinances of the borough; or (3) that the borough is required by law to administer.

“Borough office” means an elective office under the ordinances of the borough.

“Day” includes weekends and holidays.

“Election” means a regular or special borough election.

“Election official” means the borough clerk or designee and members of all election boards.

“Immediate family of a person” means the spouse, mother, mother-in-law, stepmother, father, father-in-law, stepfather, sister, sister-in-law, stepsister, brother, brother-in-law, stepbrother, children, stepchildren, grandchildren, grandparents, or anyone who lives in that person’s household.

“Lot” means the use of objects to make a determination or choice at random in order to select the winning candidate for office in the case of a tie vote: for example, flipping a coin, roll of a die, or drawing a high card.

“Oath” means affirmation on penalty of perjury.

“Precinct” means the territory established by the state within which resident voters may cast ballots at one polling place.

“Proposition” means an initiative, referendum, or question submitted at an election to the public for vote.

“Qualified voter” means any person who has the qualifications required by Chapter 5.10 KGBC and is not disqualified under Article V of the Alaska State Constitution.

“Questioned voter” means a voter whose name does not appear on the register in the precinct where he attempts to vote, a voter who has received an absentee ballot and does not turn it in when voting at his precinct on election day, a voter who does not bear identification or is not personally known to an election official though his name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing.

“Registration” or “registered” refers to the form of registration required by AS 15. For borough elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 days prior to the borough election.

“Regular election” means the annual election to fill borough offices.

“Signature” includes any mark intended as a signature or subscription.

“Special election” means any election held at a time other than when a regular election is held.

“Swear” includes “affirm.”

“Total votes cast” means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots which are counted as blank votes in a particular race and ballots which are counted as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.

“Voter” means any person who seeks to vote, either in person or by absentee application or ballot. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.020.]

5.05.030 Borough clerk to administer elections.

The borough clerk, in accordance with the provisions of this title, shall administer all borough elections. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.030.]

5.05.040 Election times.

(a)    Regular elections shall be held annually on the first Tuesday of October.

(b)    The assembly may call special elections by appropriate resolution or ordinance at any time at least 75 days prior to the date of the election. Unless the assembly has set a date for a required special election, the borough clerk shall call a special election, within the time limits set by law, when required by law or ordinance to place an initiative, referendum, recall or other question before the voters. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.040.]

5.05.050 Precincts and polling places.

The precincts established by the state and set forth in the Alaska Administrative Code shall be the precincts for all elections. The borough clerk shall secure a polling place for each precinct for each election. Wherever practicable, the polling place shall be located within the precinct. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.050.]

5.05.060 Notice of elections.

(a)    The borough clerk shall post a notice of each regular or special election at least 30 days prior to the election. The borough clerk shall give such other notice to the public as may be required by the laws of the state of Alaska or by resolution or ordinance of the assembly.

(b)    Each notice of election shall include:

(1)    The type of election, whether regular or special;

(2)    The date of the election;

(3)    The hours the polls will be open;

(4)    The offices to which candidates are to be elected, if any;

(5)    The subjects of propositions to be voted upon, if any;

(6)    Voter qualifications and instructions for registration;

(7)    Instructions for application for absentee voting;

(8)    A reference to the Alaska Administrative Code (or regulations) for a legal description of precincts; and

(9)    The locations of the precinct polling places. [Ord. No. 1827, §8, 4-3-17; Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.060.]

5.05.070 Votes required for election to office.

(a)    Election to the office of borough mayor is by a simple majority of the votes cast.

(b)    The candidate for an assembly or school board seat receiving the greatest number of votes is elected. When more than one seat is to be filled from a list of candidates for assembly or school board, the number of candidates, equal to the number of vacancies, that receive the greatest number of votes are elected. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.070.]

5.05.080 Nonpartisan requirement.

All borough elections shall be nonpartisan. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.080.]

5.05.090 Sale of intoxicating beverages permitted.

The provisions of AS 04.16.070(a) do not apply within the limits of the borough when elections are being held. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.090.]

5.05.100 Informational brochures for ballot propositions.

The borough manager may prepare and mail to every borough residence a brochure containing information approved by the assembly of a strictly factual nature pertaining to each proposition on the ballot. Sample ballots will also be included in the brochure. Any such brochures shall be prepared and mailed at least 20 days prior to the election date. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.100.]

5.05.110 Election supplies and equipment.

(a)    Before the opening of the polls the borough 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 borough 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 borough 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.

(c)    The borough clerk may contract for the provision of specialized election materials and supplies without obtaining competitive bids. These specialized materials and supplies shall include, but not be limited to, ballots, election envelopes for absentee and questioned voting, election signs, election software, computer equipment and voting booths. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.110.]

5.05.120 Election expenses.

(a)    The borough shall pay all necessary expenses relating to the conduct of each borough election.

(b)    The borough shall pay each election official for time spent performing election duties, including the receiving of instructions and posting of notices. Payment will be the same as the hourly rate received by State election officials fulfilling comparable duties in State elections. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.120.]

5.05.130 Preservation of election ballots, papers and materials.

The borough clerk shall preserve all precinct election certificates, tallies, registers, receipts for ballots, all voted ballots and nominating petitions for one year after the election. These materials may be destroyed after their retention period has lapsed unless their destruction is stayed by an order of the court. Certificates of the canvass board are to be preserved as permanent records. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.10.130.]