Loading...
HomeMy WebLinkAboutOrd1996-026 I I I Sponsored by: MUI:phy Introduction Date: August 12. 1996 Public Hearing Date: August 26 1996 CITY OF SEWARD, ALASKA ORDINANCE NO. 96-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ELECTIONS CODE TO CONFORM TO STATE STATUTES AND BOROUGH CODE PROVISIONS WITH REGARDS TO ABSENTEE VOTING, AND TO CONFORM TO EARLIER SEWARD CODE AND CHARTER AMENDMENTS WITH REGARDS TO CERTIFICATION OF CITY ELECTIONS WHEREAS, the State of Alaska and the Kenai Peninsula Borough have made certain amendments to state and borough election laws regarding the issuance and casting of absentee ballots; and WHEREAS, it is in the public interest to standardize election rules and procedures in order to lessen confusion to the voting public and volunteer election boards; and WHEREAS, the voters of the City of Seward approved certain changes to the City Charter at the October 1994 regular municipal election; and WHEREAS, the City Council later approved a number of City Code amendments to clear up discrepancies between the City Code and the City Charter; and WHEREAS, at the time these housekeeping revisions were made to the City Code, the City failed to amend Section 4.05.125, Certification of the election, to allow sufficient time following the canvass of the election for preparation of the canvass board's report to the City Council which must be made prior to certification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code Section 4.05.125, Subsection A, is hereby amended to read as follows: 4.05.125 Certification of the election. A. Not later than one week following the canvass of the election, the city council shall meet in public session to certifY the election or order a recount or investigation of the election. The certificate will consist of entering the results of the canvass upon the minutes of the meeting together with the total number of votes cast for each candidate and for or against each proposition or question. CITY OF SEWARD, ALASKA ORDINANCE NO. 96-26 Section 2. Seward City Code Section 4.10.030 is amended to read as follows: 4.10. 030 Absentee voting by mail. A. A qualified voter may apply by mail to the city clerk for an absentee ballot. The application must include the address to which the absentee ballot is to be returned, the applicant's full Alaska residence address and the applicant's signature. A voter may request that his name be placed on permanent absentee by mail status. A voter whose name has been placed on permanent absentee by mail status will be mailed a new absentee ballot application at the beginning of each calendar year. B. An applicationfor an absentee ballot by mail must be postmarked not earlier than the first day of the year in which the election is to be held nor later than seven days before the election for which the absentee ballot is sought. C. Upon receipt of an application for absentee ballot by mail, the city clerk will send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials will be sent as soon as they are ready for distribution. The return envelope sent with the materials will be addressed to the city 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 small envelope, to place the small envelope in the larger envelope in the presence of an official and will date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter may have the ballot witnessed by a person over the age of eighteen. E. An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, the voter must use first class mail service at least and mail the ballot not later than the date of the election to the city clerk. If the ballot is postmarked, it must be postmarked on or before election day. F. To be counted in the election, an absentee ballot must be postmarked by midnight of election day and received by the city clerk before the date and hour of the canvass. Ballot envelopes received after that time will not be opened, but will be marked "invalid" with the date and hour of receipt noted thereon and will be preservedfor one year with other ballots of the election. G. The city clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his identity. H The city clerk will 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 -2- I I I CITY OF SEWARD, ALASKA ORDINANCE NO. 96-26 ballot was mailed to the voter, the date on which the ballot was received by the city clerk, and the date on which the ballot was executed and postmarked. Section 3. The Seward City Code is amended by adding a new section to read as follows: 4.10.033 Voting by electronic transmission. A. The city clerk may establish regulations applicable to the delivery of absentee ballots by electronic transmission and to the use of electronic transmission absentee voting in a city election by qualified voters of the city. The regulations must: 1. Require the voter to comply with the same time deadlines as set forth in state statutes for voting by electronic transmission; and 2. Ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process. B. An absentee ballot that is completed and returned by the voter by electronic transmission must: 1. Contain the following statement: "1 understand that by using electronic transmission to return my marked ballot, 1 am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible. ", followed by the voter's signature and date of signature; 2. Be received by the City Clerk no later than the closing hour of the polls; and 3. Be accompanied by a statement executed under oath as to the voter's identity. The statement under oath must be witnessed by: a. A commissioned or noncommissioned officer of the armedforces of the United States; b. An official authorized by federal law or the law of the state in which the absentee ballot is cast to administer an oath; or c. Two United States citizens who are eighteen years of age or older. C. The city clerk will maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is provided by electronic transmission, the date on which the ballot is received by the city clerk, and the date on which the ballot was executed and postmarked. Section 4. This ordinance shall take effect following preclearance by the U. S. Department of Justice under the Federal Voting Rights Act. -3- CITY OF SEWARD, ALASKA ORDINANCE NO. 96-26 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 26th day of August, 1996. THE CITY OF SEWARD, ALASKA -~~ AYES: NOES: ABSENT: ABSTAIN: Anderson, Bencardino, Crane, Deeter, Keil, King, Sieminski None None None ATTEST: APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska nd S. urph, CM City Cl<;\~ . , ';. ..,. I w, Iii ,,> (',,0;; .;)1..;" ..;~,'S~~~.~'::.. ~~';~" ..' v.p'" '~:" ',:. .. \I t.. '~.'" , 1 '.OJ . _____- ~ J " \::'. ~ : ~ -,' : : SEAL :~').~~ :ei . :~~: .. \I : <<.II .. . - I ... (ff!> \ ~ .~ .o.....""U: 'ib"''''. -."1" :: '\;,~ -:,}.~, ~"Y.'?.'I.~<~",\,i' ..."> .'f 0.'" "-\,.r,- ,..,' 'I r r~ .....".. f,l",,,,.~ P;.~:)... /J1 f I&. City Attorney -4-