CHAPTER 25.35: BALLOT COUNTING
Section
25.35.010 Counting ballots; general [Repealed]
25.35.012 Counting ballots; general
25.35.020 Ballot boards and teams [Repealed]
25.35.025 Ballot boards and teams
25.35.030 Ballot counting; use of computers [Repealed]
25.35.040 Ballot counting; tests and security [Repealed]
25.35.050 Ballot counting [Repealed]
25.35.060 Preserving and destroying of ballots and materials
25.35.070 Certificate of election
25.35.080 Counting absentee ballots
25.35.081 Counting early ballots
25.35.090 Counting questioned ballots
25.35.100 Counting and canvass of returns
25.35.105 Challenge of absentee or question voter
25.35.107 Vote counting; observation
25.35.110 Determination of tie votes
25.35.010 Counting Ballots; General [Repealed by Ord. 99-081, § 29, 1999 and recodified at MSB 25.35.012]
25.35.012 COUNTING BALLOTS; GENERAL.
(A) The ballots shall be counted by hand in a manner determined by the clerk.
(B) At no time during the tallying of votes may anyone but the election officials handle the ballots. The ballots shall not be marked in any way by anyone during the tallying.
(C) Hand-counted ballots. Hand-counted ballots shall be tabulated according to the following rules:
(1) A voter may mark a ballot only by the use of cross marks, “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate or proposition the voter desires to designate.
(2) Failure to properly mark a ballot as to one or more candidates or propositions 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 that office shall not be counted.
(5) [Repealed by Ord. 03-074(AM), § 12(part), 2003]
(6) An erasure or correction invalidates only that section of the ballot in which it appears, unless the intent of the voter is clear.
(7) The mark specified in subsection (C)(1) of this section shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.
(8) Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.
(D) Write-in votes counting. Write-in votes shall be counted according to the following rules:
(1) Writing in the name of a candidate whose name is printed on the ballot does not invalidate a write-in vote unless the canvass board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.
(2) In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with subsection (C)(1) of this section.
(3) A vote for a write-in candidate shall be counted if the oval is filled in for that candidate and if the name of the candidate, as it appears on the write-in declaration of candidacy, or the last name of the candidate is written in the space provided.
(4) In counting votes for a write-in candidate, the canvass board shall disregard any abbreviation, misspelling, or other minor variation in the form of the name of a candidate if the intention of the voter can be ascertained.
(5) Affixing stickers on a ballot in an election to vote for a write-in candidate is prohibited and that section of the ballot shall not be counted.
(E) Ballots may not be counted before 8 p.m., local time, on the day of the election.
(F) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.
(Ord. 22-119, § 7, 2022; Ord. 12-053, § 15, 2012: Ord. 03-074(AM), § 12, 2003; Ord. 99-081, § 30, 1999)
25.35.015 WRITE-IN VOTES.
(A) In order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and, in addition, fill in the oval opposite the candidate’s name in accordance with this chapter. Stickers may not be used on ballots.
(B) Write-in votes shall be tallied only 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. No votes for a write-in candidate may be counted unless that candidate has filed a declaration of candidacy with the clerk in accordance with MSB 25.15.020.
(Ord. 19-045, § 13, 2019; Ord. 12-053, § 16, 2012: Ord. 07-032, § 7, 2007; Ord. 03-074(AM), § 13, 2003; Ord. 99-081, § 31, 1999; Ord. 98-104, § 15, 1998; Ord. 97-025, § 16, 1997)
25.35.020 Ballot Boards and Teams. [Repealed by Ord. 00-024, § 8, 2000 and recodified at MSB 25.35.025]
25.35.025 BALLOT BOARDS AND TEAMS.
(A) Receiving team. The clerk shall appoint as many receiving teams as needed, chosen from the list of eligible election officials. Receiving teams shall ensure all precinct ballot containers are delivered in a secure manner, according to procedures set by the clerk. The ballot containers shall be delivered to the clerk for review by the canvass board.
(B) Hand counting teams. The clerk shall appoint counting teams as deemed necessary.
(C) Review board. The clerk shall appoint a review board, as chosen from the list of eligible election officials. The review board shall ensure that all ballots are completely and accurately counted.
(D) Canvass board. The clerk shall appoint a canvass board. The canvass board shall certify the validity of the absentee, questioned, and poll votes cast.
(E) Oath. The clerk shall administer an oath to all election officials serving in the election.
(F) Vacancy. A vacancy on a board or team shall be filled by the clerk.
(Ord. 16-064, § 11, 2016; Ord. 03-074(AM), § 14, 2003; Ord. 00-024, § 9, 2000)
25.35.030 Ballot Counting; Use of Computers. [Repealed by Ord. 22-119, § 8, 2022]
25.35.040 Ballot Counting; Tests and Security. [Repealed by Ord. 22-119, § 9, 2022]
25.35.050 Ballot Counting. [Repealed by Ord. 99-081, § 34, 1999]
25.35.060 PRESERVING AND DESTROYING OF BALLOTS AND MATERIALS.
(A) The clerk shall preserve all official ballots in a secure manner, unopened and unaltered, for not less than 30 calendar days from the date of the election certification or in cases where the election is contested, until 30 days after the final resolution of the contest. Upon expiration of the 30-day period, the clerk shall burn, shred, recycle, or otherwise completely destroy the ballots upon direction of the assembly, and make and keep a written certification that the ballots have been destroyed. The clerk shall preserve election materials in accordance with the retention schedule.
(B) The clerk may only permit the inspection of the ballots (used or not) and materials:
(1) upon call of the assembly; or
(2) upon call of a court of competent jurisdiction; or
(3) by the canvass board pursuant to a recount if the board deems it necessary to inspect the ballots and materials; or
(4) by the clerk and attorney during an inquiry to an election contest if the clerk and attorney deem it necessary to inspect the ballots and materials.
(Ord. 16-064, § 16, 2016: Ord. 03-074(AM), § 15, 2003; Ord. 02-067, § 16, 2002; Ord. 01-019, § 13, 2001; Ord. 99-081, § 35, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.35.070 CERTIFICATE OF ELECTION.
(A) Hand count of ballots shall be performed at all precincts. When all the votes have been counted, the election officials shall prepare a certificate of election, stating the number of votes each candidate received for each office. Each election official shall sign the certificate which shall be delivered to the clerk.
(Ord. 22-119, § 10, 2022; Ord. 99-081, § 36, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.35.080 COUNTING ABSENTEE BALLOTS.
(A) To be counted in the election, an absentee ballot shall be postmarked on or before election day and be received by the clerk no later than the third calendar day following the election. If no postmark or readable postmark is contained on an absentee by-mail ballot envelope, the date of the voter’s signature, as attested to by the official witness or other witnesses, will be used in determining if the ballot was voted on or before election day. The clerk shall give the canvass board a list of voters who have been issued absentee ballots. Absentee ballot envelopes received after the canvass board has completed absentee ballot counting shall not be opened, but shall be marked “invalid” with the date of receipt noted on the ballot envelope. The envelopes shall be retained with the other election records and destroyed as set out in MSB 25.35.060.
(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. An absentee ballot shall not be counted if an official or the witnesses authorized by law to attest the voter’s certificate fails to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official may be counted despite failure of the absentee voting official to properly sign and date the voter’s certificate as attesting official. If the voter is qualified and the ballot has been properly cast, the return envelope shall be opened and the ballot envelope shall be mixed with the other ballot envelopes. The mixed ballot envelopes shall be counted according to the rules for determining properly marked ballots.
(C) If the voter is not qualified or the ballot has not been properly cast, the clerk shall notify the absentee voter, in writing, of the reason the ballot was not counted. The rejected ballot shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved with other voted ballots.
(D) An absentee in-person ballot shall be counted despite a voter’s failure to sign the absentee oath and affidavit envelope, provided the voter has signed the absentee voter register and the canvass board has determined the voter is qualified and the ballot has been properly cast.
(1) The oath and affidavit the absentee voter signs on the register shall include the information required by AS 15.20.030.
(E) An absentee ballot shall be counted despite the subsequent death of a voter after voting an absentee ballot, if the canvass board has determined that the voter was qualified and the ballot was properly cast.
(Ord. 22-070, § 2, 2022; Ord. 16-064, § 17, 2016; Ord. 04-075, § 4, 2004; Ord. 02-067, § 17, 2002; Ord. 99-081, § 37, 1999; Ord. 96-014AM, § 10, 1996; Ord. 95-020, § 27, 1995; Ord. 94-040AM1, § 3 (part), 1994)
25.35.081 COUNTING EARLY BALLOTS.
(A) The early ballots shall be delivered to the election officials assigned by the clerk for hand counting in accordance with the provisions of this chapter. Counting of early ballots will begin promptly after 8 p.m. on election day.
(Ord. 23-072, § 4, 2023; Ord. 22-119, § 11, 2022; Ord. 16-064, § 18, 2016: Ord. 01-019, § 14, 2001)
25.35.090 COUNTING QUESTIONED BALLOTS.
(A) A canvass board by majority vote may refuse to accept the question and count the ballot of a person properly questioned.
(B) If the question is refused and the ballot is accepted, the large envelope shall be opened and the ballot envelope shall be mixed with other ballot envelopes for counting. A questioned ballot shall be counted despite failure of the questioned voting official to properly sign and date the voter’s certificate as attesting official. The mixed ballot envelopes shall be counted according to the rules for determining properly marked ballots.
(C) If the question is accepted and the ballot is refused, the clerk shall notify the questioned voter, in writing, of the reason the ballot was not counted. The rejected ballots shall be placed in a container which shall be labeled “rejected ballots” and shall be preserved as set out in MSB 25.35.060.
(D) A questioned ballot shall be counted despite a voter’s failure to sign the questioned oath and affidavit envelope, provided the voter has signed the questioned voter register and the canvass board has determined the voter is qualified and the ballot has been properly cast.
(1) The oath and affidavit the questioned voter signs on the register shall include the information required by AS 15.20.030.
(Ord. 16-064, § 19, 2016; Ord. 02-067, § 18, 2002; Ord. 99-081, § 38, 1999; Ord. 94-040AM1, § 3 (part), 1994)
25.35.100 COUNTING AND CANVASS OF RETURNS.
(A) Not later than the second Tuesday following each election, a canvass board shall:
(1) in full view of those present, judge the validity of absentee, early, and questioned ballots;
(2) review the precincts’ certificates of results for accuracy;
(3) correct all obvious errors;
(4) recommend a recount of the results of the precinct for that portion of the returns where a mistake has been made and cannot be corrected under subsection (A)(3) of this section; and
(5) report any irregularities in the election or discrepancies in the count of the ballots in its report to the assembly; and
(6) certify the validity of the absentee, early, questioned, and poll votes cast and counted.
(B) After receiving the canvass board report and as soon as possible after the counting of the ballots, but not later than the second Tuesday after the election, the assembly shall meet in public session and examine all election returns. The examination may be postponed for cause from day to day, but there shall be no more than three postponements.
(C) If the canvass board reports irregularities in the election, the assembly shall determine whether the irregularities are so serious as to deny a meaningful vote of the citizens of the borough. If the canvass board reports a discrepancy in the count of the ballots, the assembly may order a recount of the votes in the affected precincts. The assembly may order an investigation of any irregularities or discrepancies. The assembly may exclude votes cast or declare the entire election invalid if necessary to assure a fair election. If the assembly concludes that the election is not valid, it shall order another election. The election shall be conducted promptly as a special election and according to procedures established by the assembly.
(D) Unless the assembly orders an investigation or unless a contest has been previously filed pursuant to MSB 25.40.020, the assembly shall declare the election valid and certify the election results. The assembly shall certify results not in question immediately and shall complete investigation or contest procedures as soon as possible to assure prompt certification.
(E) To certify the election results the assembly shall enter the determination in the minutes along with the following information:
(1) the total number of poll, absentee, early, questioned, and special needs ballots cast in the election;
(2) the offices, names, and number of votes counted for each candidate at the election;
(3) the propositions voted upon at the election; and
(4) the number of votes counted for each proposition voted upon.
(F) Upon certification of the election by the assembly, the clerk shall deliver to each person elected a copy of the assembly’s certificate of election.
(Ord. 06-102(AM), § 4, 2006; Ord. 04-075, § 5, 2004; Ord. 02-067, § 19, 2002; Ord. 01-019, § 15, 2001; Ord. 00-024, § 10, 2000; Ord. 99-081, § 39, 1999; Ord. 97-025, § 13, 1997; Ord. 94-040AM1, § 3 (part), 1994)
25.35.105 CHALLENGE OF ABSENTEE OR QUESTION VOTER.
(A) Only the following may be present and challenge an absentee or question voter during canvassing:
(1) a candidate or written designee previously approved to observe the canvass board; or
(2) the primary contact person of an initiative or referendum or written designee previously approved to observe the canvass board; or
(3) a person who authored a statement which was published in the election brochure as per MSB 25.05.120 or written designee previously approved to observe the canvass board.
(B) A challenge to the absentee or question voter may be presented on the day that voter’s name is read from the voter’s certificate on the envelope if the person challenging has good reason to suspect that the voter is not qualified to vote, is disqualified, or has voted at the same election. The person challenging must specify the basis of the challenge in writing on a form prepared by the clerk.
(Ord. 16-064, § 20, 2016)
25.35.107 VOTE COUNTING; OBSERVATION.
(A) Upon conclusion of canvassing, election officials shall hand count all valid ballots in accordance with the provisions of this chapter.
(B) An observer meeting the qualifications of MSB 25.35.105 may observe the counting and clearly see and hear all ballot counting activities.
(Ord. 23-072, § 5, 2023; Ord. 22-119, § 12, 2022)
25.35.110 DETERMINATION OF TIE VOTES.
(A) If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the clerk shall notify the candidates who are tied. The clerk shall immediately proceed with the recount of votes in the manner provided by MSB 25.45.
(B) If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the clerk shall notify the candidates who are tied. The clerk shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by coin toss if two are tied, and by lot if more than two are tied. After the determination has been made by coin toss or lot, the clerk shall certify the election winner.
(Ord. 94-040AM1, § 3 (part), 1994)