Chapter 2.24
ABSENTEE VOTING
Sections:
2.24.010 Absentee voting permitted.
2.24.020 Application for absentee ballot.
2.24.030 Absentee voting in person.
2.24.040 Absentee voting by mail.
2.24.045 Absentee voting by facsimile.
2.24.050 Absentee ballots – Replacements.
2.24.060 Absentee ballots – Emergency application.
2.24.070 Absentee ballots – Forwarding to canvass board.
2.24.010 Absentee voting permitted.
Any qualified elector of the borough may vote by absentee ballot. [Ord. 827 § 6, 2008; Ord. 782 § 15, 2006; Ord. 199 § 5, 1967; prior code § 36.35.010.]
2.24.020 Application for absentee ballot.
A person who seeks to vote by absentee ballot may make application to the borough clerk on a blank form to be furnished by the borough clerk for an official ballot, which application shall be made either in person or by mail, or by facsimile to the borough fax number. An absentee ballot faxed to any other fax number shall not be accepted. The borough form shall include the oath and affidavit of the absentee voter. [Ord. 860 § 1, 2011; Ord. 827 § 6, 2008; Ord. 782 § 16, 2006; Ord. 417 § 4, 1981; Ord. 270 § 5, 1972; prior code § 36.35.020.]
2.24.030 Absentee voting in person.
No more than 20 days preceding the election, and on any day prior to the day of the election, a qualified voter may vote an absentee ballot in the office of the borough clerk. The borough clerk shall provide the voter with an application for an absentee ballot which shall also serve as the oath and affidavit of the absentee voter, an official ballot, written instructions how to vote by absentee ballot, a secrecy sleeve in which the voted ballot is to be placed and an envelope in which the voted ballot and affidavit are to be sealed. When the voter has completed voting their ballot and secured the voted ballot as instructed, the voted ballot is returned to the borough clerk for safekeeping. [Ord. 827 § 6, 2008; Ord. 782 § 17, 2006; Ord. 417 § 5, 1981; Ord. 270 § 5, 1972; prior code § 36.35.030(a).]
2.24.040 Absentee voting by mail.
A. A qualified voter may apply in person, by mail, by facsimile, or by electronic transmission to the office of the borough clerk for an absentee ballot by mail. A qualified voter may submit an application to the borough clerk no earlier than the first day of the calendar year in which the election for which the ballot is sought is to be held, and the application must be received by the borough clerk at least 10 days before the election for which the absentee ballot is sought.
B. All applications for an absentee ballot by mail shall be either on a form provided by the borough clerk’s office or made by a written request to the borough clerk containing all of the following information:
1. The applicant’s full name and Alaska residence address; and
2. The address to which the applicant desires the absentee ballot to be mailed; and
3. The applicant’s signature; and
4. The applicant’s state of Alaska voter identification number, or the last four digits of the applicant’s social security number, or the applicant’s Alaska driver’s license number or Alaska State identification number, or the applicant’s date of birth.
C. After receipt of an application for an absentee ballot by mail, the borough clerk shall send the absentee ballot and other absentee voting materials to the applicant by first-class mail. The materials shall be sent as soon as they are ready for distribution. The return envelope sent with the materials shall be addressed to the borough clerk.
D. Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, place the secrecy sleeve in the larger envelope provided, and sign the voter’s certificate on the back of the larger envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date the signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall sign the voter’s certificate in the presence of an individual who is 18 years of age or older, who shall sign as a witness and attest to the date on which the voter signed the certificate in the individual’s presence.
E. An absentee ballot must be postmarked and attested on or before the date of the election. If the voter returns the ballot by mail, the most expeditious mail service shall be used and the ballot must be mailed not later than the day of the election to the borough clerk.
F. The borough clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the borough clerk and the dates on which the ballot was executed and postmarked.
G. To be counted, an absentee ballot must be postmarked on or before the day of the election and received by the borough clerk prior to the time the ballots are canvassed by the canvass board. After the day of the election, ballots may not be accepted unless received by mail. [Ord. 923 § 2, 2016; Ord. 827 § 6, 2008; Ord. 782 § 18, 2006; Ord. 270 § 5, 1972; prior code § 36.35.030(b).]
2.24.045 Absentee voting by facsimile.
A request to receive a ballot by facsimile must be received by the borough clerk not less than 10 days before the election for which the absentee ballot is sought. The voter must submit a written, signed application for fax ballot to the borough clerk’s office no later than 5:00 p.m. the day before election day. An absentee ballot that is completed and returned by the voter by fax must contain the following statement:
I understand and agree that by using fax transmission to return my marked ballot, I am voluntarily waiving my right to a secret ballot to the extent necessary to process my ballot.
[Ord. 860 § 1, 2011.]
2.24.050 Absentee ballots – Replacements.
The clerk shall also personally or by separate notation or memorandum or by notation printed upon the back of the official envelope advise the absentee voter that a new ballot will be furnished upon request if time permits, if a voter loses, improperly marks or otherwise damages a ballot, but replacement ballots may be requested no more than three times. [Ord. 270 § 5, 1972; prior code § 36.35.030(c).]
2.24.060 Absentee ballots – Emergency application.
Any qualified voter who is a patient under the care of a physician in a hospital or a private home or who is held in jail or other place of detention on the day of election and is unable to go to the polling place of his precinct to vote may request delivery of absentee voting materials to him after the time period for such application has closed. Such request may be by telephone or by a third party on the voter’s behalf. If, in the opinion of the clerk, there is time for the voted ballots to be returned before the closing of the polls, a duly appointed and sworn election clerk shall take the ballot, along with the application form and other necessary materials, to the voter. After having filled out and signed the application for absentee ballot, the voter shall cast his ballot in the same manner provided in this chapter for absentee voting in the clerk’s office. If there is doubt of the voter’s qualification, he may be required to comply with the challenged ballot procedure, except that in this case the challenge may be stated on the return envelope and the affidavit printed thereon is adequate. All absentee ballots under this section shall be held, unopened, by the election board, together with the emergency applications, and delivered to the election supervisor, to be forwarded, unopened, to the canvass board. [Ord. 417 § 6, 1981; Ord. 270 § 5, 1972; prior code § 36.35.030(d).]
2.24.070 Absentee ballots – Forwarding to canvass board.
The borough clerk shall hold absentee ballots received until the canvass board convenes, at which time the clerk shall deliver same to the canvass board. [Ord. 827 § 6, 2008; Ord. 417 § 7, 1981. Formerly 2.24.080]