Chapter 5.18
MAIL-IN BALLOT VOTING
Sections:
5.18.010 Mail-in ballot voting.
5.18.030 Regular participation by mail-in ballot.
5.18.040 Mail-in ballot elections.
5.18.050 Distribution of mail-in ballots and notices and reminders.
5.18.060 Replacement mail-in ballots.
5.18.065 Improper use of mail-in ballots prohibited.
5.18.070 Voter assistance for mail-in ballot voting.
5.18.080 Absentee voting and provisional voting.
5.18.090 Tabulation of mail-in ballots.
5.18.100 Mail-in ballot challenges and appeals.
5.18.010 Mail-in ballot voting.
A. City elections may utilize mail-in ballot voting.
B. The Council may determine by ordinance whether mail-in ballot voting shall be the primary means of voting. In the event the Council determines that mail-in ballot voting shall be the primary means of voting, such an election shall be called a “mail-in ballot election.”
C. In a mail-in ballot election, at least one voting center shall be kept open on election day for in-person voting. The Board of Elections shall keep any such voting center open from 7:00 a.m. to 8:00 p.m. on election day. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.020 Mail-in ballots.
A. Prior to any City election, the City Clerk shall print or cause to be printed an adequate number of mail-in ballots, envelopes, and instructions for mail-in voters.
B. The form and arrangement of all mail-in ballots, ballot instructions, covering envelopes, ballot envelopes, and return envelopes shall be as determined by the City Clerk.
C. At all times, the City Clerk shall ensure adequate procedures are in place to safeguard the mail-in ballots. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.030 Regular participation by mail-in ballot.
A. Voters qualified to vote in City elections may participate in any City election by mail-in ballot on a regular basis by completing the requisite form established by the City Clerk. At any time, the voter may rescind the decision to participate regularly in City elections by mail-in ballot.
B. If the election is not a mail-in ballot election pursuant to Section 5.18.010(B), the provisions of this chapter only apply to those voters who participate by mail-in ballot on a regular basis as set forth in subsection (A) of this section. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.040 Mail-in ballot elections.
A. The City Clerk shall determine who is qualified to vote in the City election for which the mail-in ballot will be sent.
B. Except as elsewhere provided in this chapter, the City Clerk shall cause to be mailed to all qualified voters in the City a mail-in ballot.
C. The City Clerk shall keep a full record of mail-in ballot voting, including for each voter:
1. The name and home address of the voter;
2. The action taken with regard to notices, ballots, and reminders sent to the voter;
3. The date of issuance of notices, ballots, and reminders;
4. The address to which the notices, ballots, and reminders are sent;
5. The date and time of the receipt of the voted mail-in ballot; and
6. Any other information deemed necessary.
Such mail-in voting record shall be available for public review during the normal office hours of the City Clerk.
D. Postage for transmitting and return of the mail-in ballot material shall be paid by the City. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.050 Distribution of mail-in ballots and notices and reminders.
A. Mail-in ballots for an election must be mailed or distributed no more than 30 days and no less than 15 days prior to the election to which they apply.
B. One notice shall be mailed to all households in the City and at least one notice to all registered voters in the City informing them of the mail-in ballot voting deadlines and the date, time, and location of in-person voting on election day. Notice will be mailed or distributed no later than 30 days prior to the election. The notice will be in addition to the mailing of the ballot itself. At least one other form of mass communication informing the public of the City election which must include all of the information required on the notices shall be provided. The Board of Elections may provide for additional notices and reminders. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.060 Replacement mail-in ballots.
A registered voter may obtain a replacement mail-in ballot if the original ballot was destroyed, spoiled, lost or not received by the registered voter. A registered voter who obtains a mail-in ballot in accordance with this section will be required to sign an affidavit, in a form approved by the Board, specifying the reason for requesting the replacement ballot. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.065 Improper use of mail-in ballots prohibited.
No person may cast a vote using a mail-in ballot that was issued by the City for another person. (Ord. 2022-30 § 1, 2022)
5.18.070 Voter assistance for mail-in ballot voting.
A. Any voter who requires assistance in casting a mail-in ballot by reason of disability, inability to write, or inability to read the ballot may be given assistance by an agent of the voter. An agent giving assistance to a voter pursuant to this subsection shall include a certification of assistance to be included with the mail-in ballot.
B. An agent of a voter:
1. Must be at least 16 years of age;
2. Must not be a candidate or an agent of any candidate in that City election;
3. Must not be the voter’s employer or an agent of the employer;
4. Must not be an officer or agent of the voter’s union;
5. Shall be designated as the agent of the voter in writing signed by the voter under penalty of perjury; and
6. Shall execute a certification under penalty of perjury that the ballot was marked and placed in a sealed envelope by the voter, or with permitted assistance, in the agent’s presence, and the agent complied with the provisions of subsection (C) of this section.
C. An individual that is permitted to receive or collect a registered voter’s mail-in ballot must:
1. Accept only a ballot that is within a sealed envelope; and
2. Deliver the mail-in ballot in accordance with Section 5.18.090(B).
D. No mail-in ballot, completed or otherwise, shall be handled or delivered by a candidate or any individual volunteering or working for a candidate, except for their own ballot or that of their immediate family member or member of their household. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.080 Absentee voting and provisional voting.
A. Any qualified voter who shall be absent from the City during a mail-in ballot voting period may vote as an absentee voter in accordance with the absentee voting chapter of this title (Chapter 5.20).
B. Provisional voting shall be in accordance with the provisional voting chapter of this title (Chapter 5.22). (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.090 Tabulation of mail-in ballots.
A. No mail-in ballots shall be tabulated before the official closing of the polls on election day.
B. An otherwise legally sufficient mail-in ballot shall be tabulated only if it is:
1. Postmarked with a date that is no later than election day; and
2. Received via mail by the City Clerk before 5:00 p.m. on the fifth business day after election day; or
3. Received by other means established by the City Clerk; provided, that the mail-in ballots received by other means are received prior to the closing of the polls on election day.
A mail-in ballot that does not meet these requirements shall not be counted.
C. A mail-in ballot shall be rejected if:
1. The election judges determine the voter died before election day;
2. The voter failed to sign the oath on the ballot envelope;
3. More than one ballot was received from the same voter for the same City election in the same ballot envelope;
4. The election judges determine that the ballot is intentionally marked with an identifying mark that is clearly evident and placed on the ballot for the purpose of identifying the ballot; or
5. Election judges determine the mail-in ballot was issued to a person other than the person utilizing it to cast a vote.
D. If more than one legally sufficient mail-in ballot is received in separate envelopes from the same voter, then the election judges shall count only the first legally sufficient ballot received and shall reject any other mail-in ballot received from the voter.
E. All mail-in ballot envelopes and mail-in ballots shall be retained by the City Clerk for three months after the date of the election and may then be destroyed, unless prior to that time the City Clerk is ordered by a court of competent jurisdiction to keep the same for any longer period. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.100 Mail-in ballot challenges and appeals.
Election challenges and appeals relating to mail-in ballots shall be determined as set forth in Section 5.16.070. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)
5.18.110 Penalties.
A violation of this chapter is a Class B municipal infraction offense. (Ord. 2022-30 § 1, 2022/Ord. 2020-20, 2020)