Chapter 2.06
ELECTIONS

Sections:

2.06.010    Incorporation of State and Federal law.

2.06.020    Candidate nomination – Nomination by petition.

2.06.025    Candidate nomination – Identification of petitioners.

2.06.030    Candidate nomination – Nomination petition form.

2.06.040    Candidate nomination – Nomination petitions – Filing.

2.06.050    Candidate nomination – Notification.

2.06.052    Write-in candidates – Notice of intent required.

2.06.055    Determination of candidate qualifications.

2.06.060    Candidate nomination – Withdrawal.

2.06.070    Annual election – When held.

2.06.080    Special election – Notice.

2.06.090    Notice – Publication and posting.

2.06.100    Notice – Contents.

2.06.110    Officials – Clerk appointment.

2.06.120    Officials – Precinct appointments.

2.06.130    Officials – Replacement appointment.

2.06.140    Officials – Qualifications.

2.06.150    Officials – Oath.

2.06.160    Voting precincts.

2.06.170    Candidates to run for one seat.

2.06.180    Ballots – Form.

2.06.190    Ballots – Preparation and distribution.

2.06.200    Materials – Preparation and distribution.

2.06.210    Voting machines.

2.06.220    Opening and closing of the polls.

2.06.230    Absentee voting – Eligibility.

2.06.240    Absentee voting – Application.

2.06.250    Absentee voting – Verification of application.

2.06.260    Absentee voting – Envelope construction.

2.06.270    Absentee voting – Return envelope form.

2.06.280    Absentee voting – Recordation.

2.06.290    Absentee voting – Casting ballot.

2.06.300    Voting procedure.

2.06.310    Defective and unused ballots.

2.06.320    Counting ballots.

2.06.325    Determining total vote count.

2.06.330    Stringing, preserving and destroying ballots.

2.06.340    Certification of ballots.

2.06.350    Repealed.

2.06.360    Canvass of returns and certification of election.

2.06.370    Oath of office.

2.06.380    Offenses and corrupt practices.

2.06.390    Time off for voting.

2.06.400    Contest of election.

2.06.410    Canvass report – Election certification.

2.06.420    Expenses.

2.06.430    Violation – Penalty.

2.06.010 Incorporation of State and Federal law.

All provisions of the Constitution of the United States, the Constitution of the State of Alaska, and any laws enacted pursuant to said constitutions affecting City elections, are incorporated in this chapter as if fully set out herein. [Ord. 535-08 § 17, 2008. Prior code § 4.05.010. Formerly 2.50.010].

2.06.020 Candidate nomination – Nomination by petition.

Nominations for elective officers shall be made only by petition signed by 10 registered voters who must be qualified electors of the City, domiciled in the City or territory annexed to the City for at least 30 days prior to the date of signing the petition. [Ord. 535-08 § 17, 2008; Ord. 201-91 § 1, 1991; Ord. 164-90 § 2, 1990. Prior code § 4.05.020(a). Formerly 2.50.020].

2.06.025 Candidate nomination – Identification of petitioners.

Each registered voter signing a nomination petition shall, in addition thereto, print his or her name and state his or her place of physical residence, by street and number, apartment number if applicable, lot and block, or other sufficient means, and telephone number if applicable. [Ord. 535-08 § 17, 2008; Ord. 201-91 § 2, 1991. Formerly 2.50.025].

2.06.030 Candidate nomination – Nomination petition form.

Nomination petitions shall be in substantially the following form:

NOMINATION PETITION

We, the undersigned, qualified voters of the City of Whittier, Alaska, hereby nominate and sponsor ________, whose residence is ________________ in the City of Whittier, for the office of ____________, Seat _____, for a term of ___ years, to be voted for at the election to be held on the ____ day of _________, ____. We, individually, certify that we are qualified electors of the city, that we are qualified to vote for a candidate for the office this candidate seeks, and that we have not signed other nominating petitions for this office exceeding in number the vacancies in this office to be filled in this election.

Signature & printed name: ____________

Physical Address: (number, street, apartment, lot and block, or other location): ________________________________

Telephone: ______________________

Date: __________________

Signed

1. _____________________

2. _____________________

3. _____________________

(spaces for a minimum of 10 signatures)

ACCEPTANCE OF NOMINATION

I, the person named in this petition, accept the above nomination, certify that I possess the qualifications required by Section 2.04.030, Whittier Municipal Code, and agree to serve if elected.

My name should be placed on the ballot to read as follows:

________________________________

(please print)

My mailing address is: _____________

My residence address is: ___________

P. O. Box ____________

Whittier, Alaska 99693

My telephone number is: Days _________

Evenings _____________

_____________________

Signature of Candidate

CERTIFICATE OF FILING

The within petition is filed by ________________, whose address is ____________________ Whittier, Alaska 99693.

FILED on the ___ day of __________, _____, at ____ o’clock in the _ . M.

________________________________

City Clerk, City of Whittier

By: _____________________________,

Deputy

[Ord. 570-11 § 2, 2011; Ord. 535-08 § 17, 2008; Ord. 201-91 § 3, 1991; Ord. 164-90 § 3, 1990. Prior code § 4.05.020(b). Formerly 2.50.030].

2.06.040 Candidate nomination – Nomination petitions – Filing.

Nominating petitions must be completed and filed with the City Clerk from August 1st through August 15th at 5:00 p.m. In the event August 1st falls on a Saturday or Sunday, then the petition would be available the preceding Friday. In the event August 15th falls on a Saturday or Sunday, then the petition must be filed no later than 12:00 noon on the first Monday following August 15th. The City Clerk shall record on the face of the petition itself the name and address of the person filing the petition, and the date and time it was filed. All petitions shall be preserved by the City Clerk and eventually destroyed as provided by this chapter for destruction of ballots. [Ord. 570-11 § 3, 2011; Ord. 535-08 § 17, 2008; Ord. 164-90 § 4, 1990. Prior code § 4.05.020(c). Formerly 2.50.040].

2.06.050 Candidate nomination – Notification.

A. Within four days after the filing of a nominating petition, the City Clerk shall notify the candidate named in the petition and the person who filed the petition whether it is in the proper form and signed by 10 qualified electors. Nothing in this section alters or amends the City Clerk’s authority to determine a candidate’s qualifications as provided for in WMC 2.06.055.

B. If the petition is found defective for any reason the City Clerk shall immediately return it to the person who filed it, with a statement certifying wherein the petition is deficient, and shall send a copy of the statement to the proposed candidate.

C. A new petition for the same candidate may be filed within the times prescribed for filing petitions. [Ord. 535-08 § 17, 2008; Ord. 399-99 § 2, 1999; Ord. 201-91 § 5, 1991. Formerly 2.50.050].

2.06.052 Write-in candidates – Notice of intent required.

A. If a person is not nominated for office according to the provisions set forth in WMC 2.06.020 through 2.06.040, or does not appear on the final ballot for any reason other than a failure to fulfill the qualifications for the office, and wishes to be a candidate in the election, the candidate may file as a write-in candidate.

B. Votes for a write-in candidate may not be counted unless that candidate has filed a letter of intent not earlier than the day immediately following the last day of the filing period for nomination petitions and not later than 14 days prior to the date of the election with the City Clerk stating:

1. The full name of the candidate;

2. The full residence and mailing address of the candidate and the date on which residency at that address began;

3. The day and evening telephone numbers of the candidate;

4. The office, and seat, if applicable, to which the candidate seeks election;

5. The name of the candidate as the candidate wishes it to be written on the ballot by the voter;

6. The date of the election at which the candidate seeks election;

7. A certification by the candidate that the candidate:

a. Is a qualified voter and elector of the City of Whittier;

b. Is a resident of the City;

c. Qualifies or shall qualify, as of the date of the election, for the office the candidate seeks;

d. Shall serve if elected;

e. Intends to remain a resident of the City for at least one year after the date of the election; and

f. Is not a candidate for any other office to be voted on in the election;

8. A certification by the candidate that the information in the letter of intent is true and accurate; and

9. The date and signature of the candidate seeking office. [Ord. 10-2014 § 2, 2014].

2.06.055 Determination of candidate qualifications.

A. The City Clerk shall determine whether each candidate for municipal office is qualified as provided by law. At any time before the election, the City Clerk may disqualify any candidate whom the City Clerk finds is not qualified.

B. A candidate or person receiving write-in votes who is disqualified may request a hearing before an independent hearing officer appointed by the City Council. The hearing shall be held no later than 10 days following a request by the person disqualified, unless the disqualified person and the City Council agree in writing to a later date. The hearing shall be conducted in accordance with the procedures provided for in AS 44.62.450(c) and (d), 44.62.460, and 44.62.630. [Ord. 10-2014 § 3, 2014; Ord. 12-2013 § 2, 2013; Ord. 535-08 § 17, 2008; Ord. 399-99 § 3, 1999. Formerly 2.50.055].

2.06.060 Candidate nomination – Withdrawal.

A. Any candidate nominated for office by a nomination petition may withdraw their candidacy no later than 30 days before the election.

B. Any candidate nominated for more than one seat on the City Council shall withdraw their candidacy from all but one seat no later than 30 days before the election. If the candidate fails to timely withdraw from all but one seat, then the City Clerk shall promptly declare the individual to be a candidate for the seat for which a proper nominating petition with sufficient signatures was first filed with the City Clerk and shall disqualify the candidate from all other City Council seats to which the candidate was nominated. [Ord. 535-08 § 17, 2008; Ord. 474-04 § 3, 2004; Ord. 201-91 § 6, 1991; Ord. 164-90 § 5, 1990. Prior code § 4.05.020(e). Formerly 2.50.060].

2.06.070 Annual election – When held.

Annually, on the first Tuesday of October of each year, a general election shall be held in the City for the election of vacant City offices, and for the determination of other matters as may regularly be placed on the ballot. [Ord. 535-08 § 17, 2008. Prior code § 4.05.030(a). Formerly 2.50.070].

2.06.080 Special election – Notice.

The Council may call a special election at any time upon 20 days’ prior notice, which notice shall be made substantially in the manner provided by AS Title 15. [Ord. 535-08 § 17, 2008. Prior code § 4.05.030(b). Formerly 2.50.080].

2.06.090 Notice – Publication and posting.

The City election official shall cause to be published a notice of election, in a newspaper of general circulation in the City. The notice shall also be posted in three conspicuous places in the City. The publication, and the posting, shall be accomplished at least 30 days before the election, except when the election is a special election. [Ord. 535-08 § 17, 2008. Prior code § 4.05.030(d). Formerly 2.50.090].

2.06.100 Notice – Contents.

Notices of election prescribed by the provisions of this chapter shall state:

A. The date of the election;

B. The time of opening and closing the polling places;

C. The location of polling places;

D. The qualifications of voters:

1. A person may vote only if he/she is a United States citizen,

2. Is 18 years of age or older,

3. Has been a resident of the State and of the election district in which he seeks to vote for at least 30 days just before the election, and

4. Has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction;

E. The type of election, general or special;

F. The offices to be filled or propositions submitted to the electors. [Ord. 535-08 § 17, 2008; Ord. 164-90 § 7, 1990. Prior code § 4.05.030(e). Formerly 2.50.100].

2.06.110 Officials – Clerk appointment.

The City Clerk is appointed City election official. Any properly authorized assistant to the City Clerk shall be an assistant City election official and may perform any functions set out in this chapter as being performed by the City and will be appointed by City Council. [Ord. 535-08 § 17, 2008. Prior code § 4.05.040(a). Formerly 2.50.110].

2.06.120 Officials – Precinct appointments.

Before each election, the Council shall appoint three judges in each precinct to constitute the election board for that precinct, and may appoint two election clerks for each precinct. One judge in each precinct shall be designated chairman by the Council and shall be primarily responsible for administrating the election in that precinct. In a precinct where a voting machine is used, two of the appointed judges may also serve as the election clerks. The City election official may appoint up to three additional election clerks at any polling place where additional election clerks are required to conduct an orderly election or to relieve the judges or clerks serving of undue hardship. [Ord. 535-08 § 17, 2008. Prior code § 4.05.040(b). Formerly 2.50.120].

2.06.130 Officials – Replacement appointment.

If any judge or clerk fails or refuses to attend and serve, the election judges of the precinct shall appoint a person eligible under WMC 2.06.110 through 2.06.150 to serve in the absentee’s place. [Ord. 535-08 § 17, 2008. Prior code § 4.05.040(c). Formerly 2.50.130].

2.06.140 Officials – Qualifications.

Each judge or clerk must be a qualified voter of the City. [Ord. 535-08 § 17, 2008. Prior code § 4.05.040(d). Formerly 2.50.140].

2.06.150 Officials – Oath.

The judge designated as chairman in a precinct shall appear before the City Clerk and take the following oath:

I, _______,do solemnly swear (or affirm) that I will support the Constitutions of the United States and State of Alaska, and the laws and ordinances of the City of Whittier, State of Alaska, and that I will faithfully and honestly perform the duties of the office of ___________ so help me God.

and then shall administer the same oath to the other judges and clerks in such precinct. [Ord. 535-08 § 17, 2008. Prior code § 4.05.040(e). Formerly 2.50.150].

2.06.160 Voting precincts.

A. The Council may create voting precincts.

B. The voting places shall be specified by the City election official. [Ord. 535-08 § 17, 2008. Prior code § 4.05.050. Formerly 2.50.160].

2.06.170 Candidates to run for one seat.

City Council candidates shall run at large for only one designated seat on the City Council in any given election. [Ord. 571-11 § 3, 2011; Ord. 535-08 § 17, 2008; Ord. 474-04 § 4, 2004. Prior code § 4.05.060. Formerly 2.50.170].

2.06.180 Ballots – Form.

A. The names of all offices and candidates to be voted upon shall be printed on one ballot. The title of each office and the seat to be filled shall be followed by the printed names of the candidates for such office and seat, below which shall be one blank line, upon which the voter may write the name of a person not listed on the ballot.

The words “Vote for not more than one person” shall be placed before the list of candidates for each seat. The names of candidates shall be printed as they appear upon the petitions filed with the City election official, except that any honorary or assumed title or prefix shall be omitted. The names of candidates shall be arranged alphabetically and their positions changed from one ballot to the next as required by the laws of the State of Alaska for State elections.

B. Following the names of the offices and candidates, there shall be placed on the ballot all propositions and questions to be voted upon. The words “yes” and “no” shall be placed below the statement of each proposition and question.

C. The ballot shall be on plain white paper, through which printing and writing cannot be read. The printing on the face of the ballot shall be not less than one-eighth of an inch, nor more than one-fourth of an inch in height. At the beginning of each line containing a name of a candidate or a blank space, and preceding each of the words “yes” and “no,” there shall be a printed square the sides of which are at least one-fourth of an inch in length. The City election official shall keep a record of the numbers of the ballots delivered to each polling place, the signature of the person to whom each group of ballots is delivered, and the time of each delivery. The ballots shall be numbered in series, a number being placed on one corner of each ballot within an area set off by perforations which may conveniently be removed from the remainder of the ballot, and which will be clearly visible although the ballot is folded so as to conceal the manner in which it has been marked by the voter.

D. On the back or outside of the ballot, placed so as to be clearly visible when the ballot is folded, shall appear the words “official ballot” in large print, the date of the election, and a facsimile signature of the City election official causing the ballots to be printed. [Ord. 571-11 § 4, 2011; Ord. 535-08 § 17, 2008; Ord. 474-04 § 5, 2004. Prior code § 4.05.070. Formerly 2.50.180].

2.06.190 Ballots – Preparation and distribution.

The City election official shall have ballots printed for each election and in his/her possession at least 15 days before the election. [Ord. 535-08 § 17, 2008; Ord. 164-90 § 8, 1990. Prior code § 4.05.080. Formerly 2.50.190].

2.06.200 Materials – Preparation and distribution.

A. The City election official shall equip each precinct polling place with sufficient materials and supplies needed for the election, including those required by this section, before the opening of the polls.

B. The City election official shall publish instructions explaining to voters how to obtain ballots, how to mark them, how to obtain information from judges and clerks, and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed on cards in large, clear type and prominently displayed. The City election official shall have sample ballots, identical in form to the ballots to be used in the election, printed on colored paper. The City election official shall provide booths at each polling place, with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. At least three sides of each booth shall be enclosed. Ballot boxes shall be placed outside of the voting booths within plain view of the judges and clerks, voters, and other persons at the polling place. [Ord. 535-08 § 17, 2008. Prior code § 4.05.090. Formerly 2.50.200].

2.06.210 Voting machines.

Voting machines may be used in addition to or instead of paper ballots in any election. The laws of the State of Alaska concerning voting machines are incorporated in this chapter as if fully set out herein, except for provisions conflicting with this chapter. All necessary supplies for the assistance of voters such as sample ballots shall be provided in the same manner as where paper ballots are used. [Ord. 535-08 § 17, 2008. Prior code § 4.05.100. Formerly 2.50.210].

2.06.220 Opening and closing of the polls.

The polls in each voting precinct shall be open from 7:00 a.m. until 8:00 p.m. on all election days for the purpose of voting. [Ord. 535-08 § 17, 2008; Ord. 83-88 § 2, 1987. Prior code § 4.05.030(c). Formerly 2.50.220].

2.06.230 Absentee voting – Eligibility.

Any qualified voter may cast an absentee ballot. [Ord. 10-2014 § 7, 2014; Ord. 535-08 § 17, 2008. Prior code § 4.05.110(a). Formerly 2.50.230].

2.06.240 Absentee voting – Application.

A. Any voter entitled to cast an absentee ballot may file his written application for an absentee ballot with the City election official in either of the two following ways:

1. In person, not more than 15 days before an election nor later than noon on the day before an election;

2. By mail, the written application must be received by the City election official not more than six months, nor less than seven days before election for which the absentee ballot is sought.

B. The application shall show the applicant’s place of residence, clearly indicate the applicant’s right to an absentee ballot, and be signed by the applicant. [Ord. 535-08 § 17, 2008; Ord. 164-90 § 9, 1990; Ord. 52-74 § 1, 1974. Prior code § 4.05.110(b). Formerly 2.50.240].

2.06.250 Absentee voting – Verification of application.

Upon timely receipt of an application for an absentee ballot, the City election official shall file it. He then shall verify the residence of the applicant by any means he shall determine to be proper. Upon verification determined by him to be sufficient, the City election official shall deliver to the applicant, personally or by mail at the mailing address given in the application, an official ballot for such election, a ballot envelope, and a return envelope. [Ord. 535-08 § 17, 2008. Prior code § 4.05.110(c). Formerly 2.50.250].

2.06.260 Absentee voting – Envelope construction.

The ballot envelope and the return envelope shall be of heavy opaque paper. The ballot envelope shall be marked “ballot envelope” and have no other marks upon it. [Ord. 535-08 § 17, 2008. Prior code § 4.05.110(d). Formerly 2.50.260].

2.06.270 Absentee voting – Return envelope form.

The following shall be printed on the return envelope:

STATE OF ALASKA    )

    ) ss:

UNITED STATES OF AMERICA     )

__________________ deposes and says:

I am a resident of and a voter in _______________ the City of Whittier, in the State of Alaska, and I hereby enclose my ballot in compliance with the election ordinance of said city.

_________________________

(Signature of Voter)

(Seal)

Subscribed and sworn to before me this ___ day of _________. I hereby certify that this affiant in my presence enclosed said ballot in a ballot envelope in this return envelope, handed me this return envelope sealed, and signed the foregoing affidavit.

_______________________

(Official’s Signature)

_______________________

(Title of Officer)

NOTICE – after receiving this sealed envelope from the person taking your affidavit, when voting outside the office of the city election official of the city, you must immediately return it by mail, postage prepaid, to the City of Whittier, Alaska. Marked BALLOT ENCLOSED. The voter, in the presence of an attesting witness who is at least 18 years of age, may sign an absentee ballot return envelope. This refers to the voter’s certificate.

[Ord. 535-08 § 17, 2008; Ord. 78-9, 1978. Prior code § 4.05.110(e). Formerly 2.50.270].

2.06.280 Absentee voting – Recordation.

Upon issuing an absentee ballot, the City election official shall enter on the application the number of and the date of personally delivering or mailing the ballot. Before the election, the City election official shall give to the election board a list of voters from that precinct who have been issued absentee ballots. When the Council meets to canvass the election, the City election official shall give it a list of the numbers of all absentee ballots issued by him and not returned unvoted. [Ord. 535-08 § 17, 2008. Prior code § 4.05.110(f). Formerly 2.50.280].

2.06.290 Absentee voting – Casting ballot.

A. Any voter issued an absentee ballot may, at any time prior to closing of the polls on the day of the election for which it is issued, appear at the office of the City election official, and there cast his ballot in the following manner: The voter first shall show the City election official that his ballot has not been marked, then shall mark the ballot with pen and ink or indelible pencil in the presence of the City election official, in such a manner that the City election official cannot see how it is marked. The voter shall complete and swear to the affidavit printed on the face of the return envelope, and deliver it, properly sealed, to the City election official. The City election official shall certify to the affidavit printed on the return envelope, write or stamp his name across the seal, and retain the envelope in his custody to be delivered to the Council for canvassing.

B. At any time on or before the day of the election, any voter issued an absentee ballot may appear before any person authorized by law to administer oaths, and in the presence of such officer cast his ballot in the same manner he would cast it in the office of the City official under this section. After writing or stamping his name across the seal of the return envelope, the officer shall return it to the voter who shall mail it to the City election official.

C. If a voter issued an absentee ballot returns to his precinct on the election day, he shall not vote at the polling place unless he first surrenders to the election board the absentee ballot, ballot envelope, and return envelope issued to him. Unused absentee ballots, ballot envelopes and return envelopes shall be returned to the City election official by the election board with other ballots not used in the precinct.

D. Absentee ballots returned by mail must be post-marked no later than the day of the election and must be received by the City Clerk before 5:00 p.m. on the day before absentee ballots are counted as provided by WMC 2.06.360.

E. Absentee ballots received in person or by mail by the City Clerk after the respective deadlines established by this section shall be marked “invalid” by the City Clerk, and the time and date of receipt by the City Clerk shall be noted thereon. Such envelopes shall be retained with other election records and destroyed as provided by this chapter for destruction of ballots. [Ord. 10-2014 § 6, 2014; Ord. 535-08 § 17, 2008. Prior code § 4.05.120. Formerly 2.50.290].

2.06.300 Voting procedure.

A. Before receiving any ballots the election board must, in the presence of any persons assembled at the polling place, open and exhibit the ballot box to be used at the polling place. Thereafter the box shall not be opened again until the polls finally close, and shall not be removed from the polling place, nor the presence of persons assembled at the polling place, until all ballots have been counted.

B. A voter shall give the judges and clerks his name, and place his signature and the date on the first available line of the registration book. If any judge or clerk present believes the voter is not identifiable, he immediately shall challenge the voter.

C. He shall be given one ballot and shall retire alone to a voting booth. There the voter without undue delay shall prepare his ballot by marking with pen and ink or indelible pencil the appropriate boxes opposite the names of candidates of his choice, whether printed on the ballot or written by him on the blank lines provided for the purpose, and the appropriate boxes for questions and propositions. Before leaving the voting booth, the voter shall fold his ballot in a manner displaying the number thereon and deliver it to one of the judges or clerks, who shall tear the number off and deposit the ballot in the ballot box if the ballot bears the same number as the ballot given to the voter by the judges and clerks. A judge or clerk shall announce that the voter has voted.

D. A voter who by accident or mistake mutilates or spoils his ballot shall, upon returning the same to the judges and clerks, be given another. A voter who is blind or otherwise incapable of marking his ballot shall be assisted in doing so by a judge or clerk if he requests such assistance.

E. Thirty minutes before the closing of the polls a judge or clerk shall proclaim to any persons present the time remaining before the polls close. When the polls are closed that fact shall be proclaimed, and thereafter no ballots shall be received except those of qualified voters already present at the polls and waiting to vote when the polls are closed. [Ord. 535-08 § 17, 2008. Prior code § 4.05.130. Formerly 2.50.300].

2.06.310 Defective and unused ballots.

If a voter shall mark more names than there are persons to be elected to any office, or if for any reason it is impossible to determine from his ballot any voter’s choice for any office to be filled, the ballot shall not be counted. Failure to properly mark a ballot as to one or more candidates or issues shall not invalidate the entire ballot. No ballot shall be rejected if the election board can determine from an inspection of the ballot the person for whom the voter intended to vote and the office intended to be designated by the voter. Ballots not counted shall be marked “defective” on the back thereof, and ballots to which objection has been made shall be marked “objected to” on the back thereof. An explanation of the defect or objection shall be written on the back of the ballot and signed by the chairman. All such ballots shall be enclosed in an envelope marked on the outside with a description of its contents. All ballots not voted and all ballots mutilated or spoiled by voters shall be returned by the judges to the City election official, who shall give a receipt therefor and keep a record of the number and character of ballots returned to him, indicating when and by which each was returned. [Ord. 535-08 § 17, 2008. Prior code § 4.05.140. Formerly 2.50.310].

2.06.320 Counting ballots.

A. The opening of the ballot box and the counting of ballots shall be accomplished in public at the polling place in full view of any persons assembled.

B. Immediately following the closing of the polls in each precinct, the judges shall open the ballot box and count the number of ballots cast. This number shall be checked against the number of signatures in the registration book. All ballots then shall be replaced in the ballot box.

C. The ballots shall again be removed from the ballot box, one by one, by the election judges. As each ballot is removed, it shall be opened, and the name of each person voted for read aloud. The judges shall write down each office to be filled and the name of each person who is a candidate for such office, and shall keep the number of votes by tallies, as they are read aloud. If the number of ballots drawn from the ballot box does not match the number of ballots indicated by the registration book to have been cast in the precinct, the ballots shall be recounted until the election board finds that there is a discrepancy or that the number of ballots cast matches the number of ballots indicated by the duplicate registration card tally. If a discrepancy is determined to exist it shall be explained in detail on the tally paper or papers and such explanation shall be signed by the judges. [Ord. 535-08 § 17, 2008. Prior code § 4.05.150. Formerly 2.50.320].

2.06.325 Determining total vote count.

Ballots on which no valid expression of voter preference for a specific candidate or proposition has been indicated shall not be included in calculating the total number of votes cast for that office or proposition. [Ord. 10-2014 § 4, 2014].

2.06.330 Stringing, preserving and destroying ballots.

A. The judges shall string the ballots as they are counted, and upon completion of the counting shall place them in a sealed envelope and write thereon:

Ballots of regular (or special) election of the City of Whittier, held this day of _____.

B. The chairman then shall deliver the envelope to the City election official, who shall deliver the same to the Council when requested by it, and otherwise shall keep the envelope unopened for one year from the date of the election, to be used only as evidence when called for in case of contest. Upon the expiration of the year, the City election official shall destroy the ballots upon notification of Council, and shall annotate which materials are destroyed in the permanent records disposition file of the City. The destruction of ballots shall be by such means as the City election official deems adequate. [Ord. 535-08 § 17, 2008; Ord. 83-88 § 3, 1987. Prior code § 4.05.160. Formerly 2.50.330].

2.06.340 Certification of ballots.

When all the votes have been counted, the judges shall draw a certificate upon, or attach a certificate to, each of the papers containing the poll lists and tallies, stating the number of votes each candidate received for each office. Each judge shall sign the certificate. The certificate, tallies or tally papers, numbers removed from ballots, oaths of judges, and other papers shall be sealed in envelopes by the judges marked “election returns” which shall forthwith be delivered to the City election official who shall receive them at the polling place. [Ord. 535-08 § 17, 2008. Prior code § 4.05.170. Formerly 2.50.340].

2.06.350 Absentee ballot – When validly received.

Repealed by Ord. 10-2014. [Ord. 535-08 § 17, 2008. Prior code § 4.05.180. Formerly 2.50.350].

2.06.360 Canvass of returns and certification of election.

A. On the first Tuesday after each election the Council shall meet in a public session and canvass all election returns and certify the election.

B. Absentee ballots shall be counted by the City election official and two or more assistants appointed by him in the following manner: All ballot envelopes shall be removed from return envelopes, and placed in a ballot box. The return envelopes shall be delivered to the City election official. The absentee ballots then shall one by one be removed from the ballot box, taken out of the ballot envelopes, and counted in the same manner in which ballots cast at the polls are counted by an election board. Such counting shall be done prior to the convening of the canvass board at a time and place designated by the City Council and shall be accomplished in full view of any persons assembled.

C. The City election official shall preserve the return envelopes delivered to him by the election board with other election records and eventually destroy them as provided by this chapter for destruction of ballots. [Ord. 535-08 § 17, 2008; Ord. 164-90 § 10, 1990. Prior code § 4.05.190. Formerly 2.50.360].

2.06.370 Oath of office.

All officers elected before entering upon the duties of office shall take and subscribe the following oath and affirmation:

I do solemnly swear (or affirm) that I will support the Constitutions of the United States and State of Alaska, and the laws and ordinances of the City of Whittier, State of Alaska, and that I will faithfully and honestly perform the duties of the office of ____________, so help me God.

[Ord. 535-08 § 17, 2008. Prior code § 4.05.200. Formerly 2.50.370].

2.06.380 Offenses and corrupt practices.

The following acts are election offenses and corrupt practices and prohibited:

A. Inducing, compelling, or attempting to induce or compel any person to vote or refrain from voting for any candidate in any election or for or against any election proposition or question by, directly or indirectly, using or threatening to use force, coercion, violence or restraint or inflicting or threatening to inflict damage, harm, or loss upon or against the person;

B. Giving, promising to give, or offering any money or other valuable thing to any person with the intent to induce him to vote for or restrain from voting for any candidate or for or against any election proposition or question;

C. Printing or circulating, or causing to be written, printed or circulated, any letter, circular, bill, placard or poster, or other publication relating to any election or to any candidate at any election or to any election proposition or question without the same bearing on its face, the name and address of the author, printer, and publisher thereof;

D. Writing, printing or circulating, or causing to be written, printed or circulated, any letter, circular, bill, placard or poster, or causing any paid advertising to be placed in a newspaper or any other publications, or paying or contributing to the payment for any such advertisement, or making any radio or television broadcast, with knowledge that the letter, circular, bill, placard, or broadcast contains any false statement, charge or comment relating to any candidate at any election or to any election proposition or question;

E. Possession of an official ballot outside of the voting room by any person not authorized by law;

F. While the polls are open, opening any ballot received from a voter, or marking a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempting to learn how any voter marked his ballot, by an election judge or clerk or by any other person with his permission;

G. Publishing or causing to be published any letter, circular, poster, bill, publication, or placard, knowing that it contains any false statement or false charges reflecting on the character, morality, or integrity of any candidate at any election;

H. Voting or attempting to vote in the name of another person or in any name other than his own;

I. By force, threat, intimidation, or offer of reward, inducing or attempting to induce any election judge or clerk to fail in his duty;

J. Willfully changing or causing to be changed any official election documents including ballots, tallies, and returns, or attempting to do so;

K. Willfully delaying or causing to be delayed the election returns, or attempting to do so;

L. Willfully voting or attempting to vote more than once at the same election;

M. Willfully making a false affidavit or swearing falsely under oath required by this chapter;

N. Willful failure to perform any election duty or knowingly doing any unauthorized act with the intent to affect the election or its results, by any judge or clerk;

O. Willfully permitting, making or attempting to make any false count of the election returns by an election judge or clerk;

P. Willful concealment, withholding, or destruction of the election returns or any attempt to do so by an election judge or clerk;

Q. Electioneering on election day within the polling place or within 200 feet of same. [Ord. 535-08 § 17, 2008; Ord. 83-88 § 4, 1987. Prior code § 4.05.210. Formerly 2.50.380].

2.06.390 Time off for voting.

Any qualified voter who does not have sufficient time outside his working hours within which to vote on any City election may, without loss of pay, take off as much working time as will enable him to vote. If any employee has two consecutive hours in which to vote, either between the opening of the polls and the beginning of his regular shift, or between the end of his regular working shift and the closing of the polls, he shall be deemed to have sufficient time outside his working hours within which to vote. [Ord. 535-08 § 17, 2008. Prior code § 4.05.220. Formerly 2.50.390].

2.06.400 Contest of election.

A. Any candidate or any 10 qualified voters may contest the election of any person and the approval or rejection of any question or proposition.

B. The candidate or the voters initiating a contest shall appear before the Council at the meeting held to canvass the election returns, and there shall deliver to the Council a written notice of contest. The notice shall state the grounds of contest in detail, shall be signed under oath by the candidate or voters filing it, and shall be in substantially the following form:

Notice of Election Contest

The undersigned contest the regular (or special) election of the City of Whittier held on the ___ day of __________, ____, on the following grounds: (Allow ten spaces)

________________________________

________________________________

Signature(s) of candidate or person(s) contesting election.

(Allow ten spaces)

SUBSCRIBED AND SWORN TO before me, this ___ day of __________, ____.

__________________________

Notary Public for Alaska

C. Upon receiving a notice of contest, the Council shall order an investigation to be made with the assistance of the City election official and City Attorney. Those contesting the election, those whose election is contested and the public shall be allowed to attend all investigation and recounting procedures.

D. If only a recount of ballots is demanded, the election board in the precinct where error allegedly occurred shall recount the ballots in such precinct.

E. If the contestant charges a candidate obtained votes or a proposition was voted for or against by reason of prohibited practices, and the charges are proved to and sustained by the Council, the Council shall to the extent of such proof purge the illegally induced votes from the returns and after a recount certify the amended returns. [Ord. 535-08 § 17, 2008. Prior code § 4.05.240. Formerly 2.50.400].

2.06.410 Canvass report – Election certification.

A. If the Council concludes that the election was validly held, such conclusion shall be publicly announced and entered upon the minutes of the meeting. The minutes shall also include the number of votes cast in the election, the names of the persons voted for and the propositions and questions voted upon at such election, the offices voted for, the number of votes cast for each candidate for each office, and the number of votes for and against each proposition and question voted upon. If the Council concludes that the election is not valid it shall order another election.

B. Upon completion of the canvass of a valid election, the Council shall direct the City election official to deliver to each person elected to office a certificate of election signed by the City election official and City Manager and authenticated by the seal of the City. [Ord. 535-08 § 17, 2008. Prior code § 4.05.250. Formerly 2.50.410].

2.06.420 Expenses.

The City shall pay all necessary election expenses, including those of securing places for polls and providing ballot boxes, ballots, voting booths, screens, national and State flags and other supplies, and any wage due judges and clerks. The Council shall set salaries for the election judges and clerks and shall not be less than that paid by the city of Anchorage. However, all expenses of making a recount pursuant to an election, unless the results of the election are changed by the recount. If voters obtain the recount, each of them shall be individually liable for the whole amount of such expense. [Ord. 535-08 § 17, 2008. Prior code § 4.05.260. Formerly 2.50.420].

2.06.430 Violation – Penalty.

A. Any person who violates any provision of WMC 2.06.380 is guilty of an infraction, punishable by a fine not to exceed $500.00.

B. Any person elected to any City office convicted of a corrupt practice or election offense as provided herein shall be punished, in addition to any other punishment, by being deprived of the office or position and the vacancy shall be filled as any other vacancy. [Ord. 03-2020 § 1, 2020; Ord. 535-08 § 17, 2008; Ord. 101-88 § 2(F), 1988. Prior code § 4.05.230. Formerly 2.50.430].