Chapter 5.25


5.25.010    Election officials.

5.25.020    Absentee by-mail precincts.

5.25.030    Opening of polling place.

5.25.040    Voter register.

5.25.050    Voter identification at polls.

5.25.060    Persons not on official registration list.

5.25.070    Providing ballot to voter.

5.25.080    Assisting voter.

5.25.090    Spoiled ballots.

5.25.100    Placing ballot in ballot box.

5.25.110    Questioning procedure.

5.25.120    Closing of the polls.

5.25.130    Prohibitions.

5.25.140    Unused ballots.

5.25.010 Election officials.

(a)    Before each election, the assembly shall appoint at least three election officials in each precinct to constitute the election board of that precinct. The borough clerk shall designate one election official from each precinct as the chair, who shall be primarily responsible for administering the election in that precinct.

(b)    The borough clerk may appoint additional election officials at any polling place where they are needed to conduct an orderly election.

(c)    If any appointed election official is not able or refuses to serve on election day, the election board may appoint a replacement for that official.

(d)    Each election official serving at a precinct polling place must be a qualified voter of the borough and shall be a voter of the precinct for which appointed, unless no voter is willing to serve. The clerk may appoint persons aged 16 or older as additional election officials if they substantially meet the requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person so appointed serves under the supervision of the precinct board chair.

(e)    All election officials, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the state in the manner prescribed by the borough clerk.

(f)    Candidates or members of the candidate’s immediate family shall not serve as election officials for an election in which the candidate has filed a nominating petition. If the borough clerk knows or learns that any of these relationships exist, the election official shall be notified and replaced.

(g)    Election procedure training shall be provided all members of election boards prior to each regular election. [Ord. No. 1920A, §1, 7-6-20; Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.010.]

5.25.020 Absentee by-mail precincts.

(a)    Precincts where the voter turnout was less than 75 voters at the last regular election may be designated as “absentee by-mail” precincts by resolution of the assembly. In those precincts, no election officials shall be appointed. The procedures outlined in Chapter 5.55 KGBC shall be followed with the following exceptions:

(1)    That ballots shall be sent 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 borough clerk in writing of a different address to which the ballot should be sent. The borough clerk shall send ballots by first-class, nonforwardable mail on or before the fifteenth day before the election; and

(2)    That voted ballots must be postmarked on or before midnight of election day and received by the borough clerk no later than the beginning of the canvass board meeting.

(b)    Voters wishing to vote absentee in person may do so at any designated absentee voting site.

(c)    Any precinct designated as an “absentee by-mail” precinct in accordance with the provisions of subsection (a) of this section will remain an “absentee by-mail” precinct until such time as the “absentee by-mail” status is removed by resolution of the assembly. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.020.]

5.25.030 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 the state for state general elections 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 (3) 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. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.030.]

5.25.040 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. A 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 vote in accordance with the provisions of this title. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.040.]

5.25.050 Voter identification at polls.

(a)    Before being allowed to vote, each voter shall exhibit to an election official one (1) 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. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.050.]

5.25.060 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. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.060.]

5.25.070 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. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.070.]

5.25.080 Assisting voter.

A qualified voter needing assistance in voting may request an election official or not more than two (2) 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 shall state upon oath before the election official that the person will not divulge the vote cast by the person assisted. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.080.]

5.25.090 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, with a maximum of three (3). The election official shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.090.]

5.25.100 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. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.100.]

5.25.110 Questioning procedure.

(a)    Every election official shall question, and every watcher and any other person qualified to vote in the precinct, or qualified to vote in the particular election involving less than an entire precinct in the case of service areas, 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 in each particular the person meets all the 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 other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.110.]

5.25.120 Closing of the polls.

(a)    Fifteen (15) 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 fifteen (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 borough 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 borough clerk. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.120.]

5.25.130 Prohibitions.

(a)    During the hours that the polls are open, no election official may discuss any political party, candidate or issue while on duty.

(b)    During the hours the polls are open, no person who is in the polling place or within two hundred (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 borough clerk.

(c)    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 KGBC 5.25.080.

(d)    While 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.

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

(f)    Violations of subsections (a) through (e) of this section are punishable by a fine of up to three hundred dollars ($300.00) per violation. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.130.]

5.25.140 Unused ballots.

The number of ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the borough clerk before the ballot box is opened. The numbers 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 set forth in KGBC 5.05.130. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.50.140.]