Chapter 18.40
CONTEST OF ELECTION

Sections:

18.40.010    Grounds for election contest.

18.40.020    Contest procedure.

18.40.030    Appeal or judicial review.

18.40.010 Grounds for election contest.

A candidate or 10 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:

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; or

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. 620 § 11, 2004; Ord. 515 § 3, 1997)

18.40.020 Contest procedure.

A. Notice of contest of an election shall be submitted in writing to the clerk before 5:00 p.m. on the day of the certification of the election or to the council 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(s) the regular (or special) election of the City of Palmer held on the ______ day of _____________, ______. The grounds for the contest are as follows:

___________________________________________________________________________________________________

Signature of candidate or persons contesting election and date.

Subscribed and sworn to before me this _______ day of ____________, _________.

Notary Public signature and seal.

B. Upon receiving a notice of contest, the council shall order an investigation be conducted by the clerk and city 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 council shall direct the clerk to recheck the voter qualification pursuant to PMC 18.10.010. After considering the report provided by the clerk and any other proof, the council shall determine whether any illegally cast votes could have affected the election results. If they could not have, the council 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 council 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 council shall declare the election valid and certify the election results.

E. The contestants shall pay all costs and expenses incurred in a recount of an election as provided by PMC 18.45.060. (Ord. 620 § 11, 2004; Ord. 546 § 44, 1999; Ord. 515 § 3, 1997)

18.40.030 Appeal or judicial review.

A person qualified to file an election contest may not appeal or seek judicial relief of an election for any cause unless the person is qualified to vote in the city, has exhausted the administrative remedies before the council, and has commenced, within 10 calendar days after the council has finally certified the election results, an action in the superior court. If an action under this section is not commenced within the 10-day period, the election and the election result shall be conclusive, final and valid in all respects. (Ord. 620 § 11, 2004; Ord. 546 § 45, 1999; Ord. 515 § 3, 1997)