25.40.010    Grounds for election contest

25.40.020    Contest procedure

25.40.030    Appeal or judicial review


(A)    A candidate or ten 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)    malconduct, 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.

(Ord. 94-040AM1, § 3 (part), 1994)


(A)    Notice of contest of an election shall be submitted in writing to the clerk before 3 p.m. on the day of the certification of the election. A notice of contest shall include a $1,000 payment by cash or check. 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:


The undersigned contest the regular (or special) election of the Matanuska-Susitna Borough held on the _____ day of _________.

The grounds for the contest are as follows:








(B)    Upon receiving a notice of contest, the assembly shall order an investigation be conducted by the clerk and borough attorney. 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 clerk to recheck the voter qualifications pursuant to MSB 25.10.010. After considering the report provided by the clerk 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 declare the election valid and certify the results.

(D)    If the contest involves other prohibited election practices which are shown to have taken place, the assembly shall exclude the vote of the precincts where the practices occurred. If it is determined that the exclusion could not affect the election results, the assembly shall declare the election valid and certify the results.

(E)    The contestants shall pay all costs and expenses incurred in a recount of an election as provided by MSB 25.45.060.

(F)    Should the contestant prevail with the election contest the applicant shall be refunded $1,000.

(Ord. 16-064, §§ 21, 22, 2016; Ord. 99-081, § 40, 1999; Ord. 97-025, § 14, 1997; Ord. 94-040AM1, § 3 (part), 1994)


A person qualified to file an election contest pursuant to MSB 25.40.010 may not appeal or seek judicial review of an election for any cause unless the person is qualified to vote in the borough, exhausted the administrative remedies before the assembly, and has commenced an action in the superior court within ten calendar days after the assembly has finally certified the election results. If an action under this section is not commenced within the ten-day period, the election and the election result shall be conclusive, final, and valid in all respects.

(Ord. 99-081, § 41, 1999; Ord. 95-020, § 28, 1995; Ord. 94-040AM1, § 3 (part), 1994)