Chapter 5.50
CONTEST OF ELECTION

Sections:

5.50.010    Grounds for election contest.

5.50.020    Contest procedure.

5.50.030    Appeal or judicial review.

5.50.010 Grounds for election contest.

A candidate or ten (10) qualified voters may contest the election of any person or the approval or rejection of any question or proposition upon one (1) or more of the following grounds:

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

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

(c)    Existence of a corrupt election practice as defined by the laws of the state of Alaska sufficient to change the result of the election. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.100.010.]

5.50.020 Contest procedure.

(a)    Notice of contest of an election shall be submitted in writing to the borough clerk before 5:00 p.m. on the day of the meeting scheduled for certification of the election or to the assembly 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 candidate 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 Ketchikan Gateway Borough held on the ______ day of __________. 20__. The grounds for the contest are as follows:

 

_______________________

 

_______________________

 

Signature of Candidate or Persons Contesting Election

SUBSCRIBED AND SWORN to before me this _____ day of __________, 20__.

 

/s/_____________________

 

Notary Public for Alaska

(b)    Upon receiving a notice of contest, the assembly shall order an investigation be conducted by the borough clerk and borough attorney or such other persons as the assembly 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 assembly shall direct the borough clerk to recheck the most current state registration lists. After considering the reports of the investigating officials and any other proof, the assembly shall determine whether any illegally cast votes could have affected the election results. If they could not have, the assembly 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 assembly 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 assembly 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 borough in its investigation and deliberation of the election contest. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.100.020.]

5.50.030 Appeal or judicial review.

A defeated candidate or any ten (10) qualified voters who contested an election may bring an action in superior court within ten (10) days after the assembly has concluded that said election was validly held and the results entered upon the minutes. If no such action is commenced within the ten (10) day period, the election and the election result shall be conclusive, final, and valid in all respects. [Ord. No. 1357, §2, 7-5-05. Code 1974 §25.100.030.]