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HomeMy WebLinkAboutOrd1984-527 . . . e "rOdU"d By, cll,,1d~e Introductlon Date: ~ Public Hearing & Enactment Date: ?/9/~ I ( CITY OF SEWARD, ALASKA ORDINANCE NO. 527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REPEALING AND RECREATING CHAPTER 8 OF THE SEWARD CITY CODE RELATIVE TO ELECTIONS WHEREAS, Chapter 8 of the Seward City Code establishes qualifica- tions for candidates for elective city offices and governs the holding of elections for those offices; and WHEREAS, certain administrative changes which would allow more time for the preparation of city elections, eliminate nominations for elec- tive office by petition and allow for punch card voting in future elections are desirable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Chapter 8 of the Seward City Code is hereby repealed in its entirety and a new Chapter 8 entitled "Elections" is hereby enacted to read: General Provisions Sec. 8-1. Incorporation of state election statutes. The pro- visions of Alaska Statutes Title 15 relating to the conduct of municipal elections are incorporated into this chapter as if fully set out. Sec. 8-2. Severability. Should any provision of this election code, or its application to any person or set of circumstances, be held invalid, the remainder of its provisions, or of its application to any other persons or circumstances, shall not be affected. Sec. 8-3. Nonpartisan requirement. All city elections are nonpar- tisan. Sec. 8-4. Date of annual election. The regular city election shall be held annually on the first Tuesday in October. Sec. 8-5. Special elections. The council by resolution may call a special election at any time upon at least 20 days' notice. Sec. 8-6. include: Notice of elections. Each notice of election shall (1) The type of election, whether regular or special; (2) The date of the election; (3) the hours the polls will be open; -1- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 (4) The offices to which candidates are to be elected; (5) The subjects of propositions to be voted upon; (6) Voter qualifications and instructions for registration; (7) Instructions for application for absentee voting; and (8) The location of precinct polling places. Sec. 8-7. Publication of notice of elections. (a) The clerk shall publish a notice of each regular election at least twice in one or more newspapers of general circulation in the city, the first such publication to be accomplished at least 30 days prior to the election and the notice shall be posted at two public places within the city. (b) For special elections, publication shall be made no later than 15 days prior to the special election. election shall be posted in two places within the city. at least once The notice of Sec. 8-8. Expenses. (a) The city shall pay all necessary ex- penses relating to the conduct of each city election, including those of securing polling places, and shall provide ballot boxes, ballots, voting booths or screens, national flags, and other supplies and wages to election officials unless otherwise provided by this code. (b) The city shall pay each election board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices. The clerk shall set the hourly compensation to be paid for time spent by election officials at a rate comparable to that paid by the state for state elections. The clerk shall retain a record for auditing and payment of election expenses, including the cost of giving notice, renting polling places, paying election officials, securing ballot boxes, booths and other election necessities. Sec. 8-9. Qualification of voters. (a) 15.05.010, a person is qualified to vote who: In accordance with AS (1) Is a citizen of the United States; (2) Is eighteen years of age or older; (3) Has been a resident of the state and of the city for at least thirty 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. (b) State voter registration is prima facie evidence of a voter's qualification, but every election official shall question, and every -2- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 watcher and other person qualified to vote in the precinct may challenge a person attempting to vote if he believes the person is not qualified to vote. If the voter's polling place is in question, the voter shall be allowed to vote a questioned ballot. A person who frivolously, maliciously or in bad faith challenges a voter or questions his ballot is guilty of a misdemeanor. Sec. 8-10. Candidate qualification. To be eligible to file a declaration of candidacy for election to a city office, a person shall be an elector of the city or of the territory annexed to the city, or shall have had a combination of residence in the city and in the annexed territory for a period of not less than one year immediately preceding the date of filing such a declaration. Sec. 8-11. Declaration of candidacy. (a) At least three days before nominations are open for each regular election, the clerk shall publish in one or more newspapers of general circulation in the city a notice of offices to be filled at the election and the manner of making nominations. (b) Filing for elective offices of mayor or council shall be made by filing a declaration of candidacy with the city clerk from August I, through August IS, 5:00 p.m. Should August 15 be a Saturday or Sunday, then candidates shall have until noon on the first Monday following to file their declarations. (c) Candidates for elective city office and declared write-in candidates shall file a conflict of interest statement with the city clerk in accordance with the provisions of AS 39.50 at the time of filing a declaration of candidacy. Each candidate also shall file the name and address of the campaign treasurer with the Alaska Public Offices Commission no leter than seven (7) days after the date of filing for office. The name of the candidate shall be placed on the ballot by the city clerk only after the candidate has complied with these require- ments. (d) Declaration of candidacy forms shall be provided by the clerk and shall include provision for a statement by the candidate affirming his qualifications to fill the office to which he is nominated and his willingness to do so. Sec. 8-12. Corrections, amendments and withdrawal of declaration of candidacy petitions. (a) Any candidate may withdraw his nomination at any time during the period for filing a declaration of candidacy by appropriate written notice to the clerk. However, after the filing has closed, no declaration may be corrected, amended or withdrawn. (b) A declaration of candidacy presented shall not be changed as to term of office. If a candidate desires to file for a different seat, he shall request a new form from the clerk. Procedures for Conduct of Elections -3- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 Sec. 8-13. accordance with city elections. Clerk to administer city elections. The city clerk, in the provisions of this chapter, shall adminis ter all Sec. 8-14. Election officials. The city election boards shall be the election boards selected and appointed by the Kenai Peninsula Borough Assembly, and each member shall be a qualified voter and a resident within the precinct for which he is appointed. In the case of an election for which an election board has not been appointed by the borough, the city council shall appoint at least three judges in each precinct to constitute the election board; one judge shall be designated as chairman and shall be primarily responsible for administering the election in that precinct. The city clerk is the election supervisor and may appoint up to three election clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship. All election judges and clerks, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the clerk. If any appointed election official is not able or refuses to serve on election day, the clerk may appoint a replacement for that official. Sec. 8-15. Ballot propositions--Clarity--Conciseness. (a) All ballot propositions shall be stated in a concise and clear language to avoid verbosity and with the object of informing and advising the voter of the issue in a clear and forthright manner. All ballot proposition shall be stated in the affirmative and not the negative so that a yes vote will always mean that the voter approves of the affirmative of a position and not the negative; and a no vote disapproves the affirmative statement of an issue. Ballot propositions shall not be used to obtain a negative result by the casting of a yes vote. Simple sentences and words shall be used in preference to complex or compound sentences and words, with the object of making ballot propositions understandable to the average reader. (b) The city council may direct the clerk to prepare a concise informational summary for the purpose of explaining complicated ballot propositions. Sec. 8-16. Ballots--Form. (a) Ballots shall be prepared in the manner prescribed for state elections, insofar as such requirements are applicable to nonpartisan elections. The ballots shall be numbered in series, the number being placed in an area set off by perforations for ease of removal and on a portion of the ballot that can be seen when the manner in which the ballot is marked is concealed from view. (b) All candidates for the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office and provision shall be made for write-ins equal in number to the positions to be filled. The names of candidates shall be printed as they appear upon the petitions except that any honorary or assumed title or prefix shall be omitted, -4- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 but may include in the candidate's name any nickname or familiar form of a proper name of the candidate. The words "Vote for not more than ", with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. Names of candidates shall appear on the ballot in rotated positions, as prescribed in AS 15.15.030(6) for state elections. (c) Following the offices and candidates there shall be placed on the ballot, or on separate ballots as the clerk may determine, all propositions or questions to be voted on. The words "YES" and "NO" shall be placed below the statement of each proposition or question. The clerk shall determine the number of ballots to be used to present all offices, propositions and questions to the qualified voter. (d) Each ballot shall bear the words "Official Ballot" and the date of the election. (e) Prior to the election, the city clerk shall cause sample ballots to be posted in public places in the city. The sample ballot shall be printed or typewritten on colored paper and shall bear the words "Sample Ballot". Sec. 8-17. Punchcard voting--Authorized. may provide for punchcard voting at one or more more questions or offices on the ballot. The election supervisor voting places for one or Sec. 8-18. Punchcard voting--Boards. The election supervisor shall appoint a receiving board and a data processing control board, each consisting of three members. The election supervisor shall appoint a chairman of each board and administer the oath prescribed for election judges to both chairmen, who shall administer the oath to the remaining members of their respective boards. A vacancy on a board shall be filled by the election supervisor. Sec. 8-19. Punchcard voting--Use of computers. supervisor shall designate the computers to be used in ballots and may negotiate and contract with the state, the private computer service for the needed computer services. The election counting the borough, or a Sec. 8-20. Punchcard voting--Tests and security. No later than one week before the election, the computer punchcard vote-counting program must be tested in the presence of, and to the satisfaction of, the data processing control board. Sec. 8-21. Ballots--Distribution. (a) The Clerk shall have the ballots in his possession at least 15 days before each regular election and 10 days before each special election. At that time, the ballots may be inspected by any candidate whose name is on the ballot, or by his authorized agent, and any discovered mistake shall be corrected immedi- ately. Sufficient ballots for the registered voters of each precinct shall be delivered to the election board for that precinct. -5- ... . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 (b) The ballots shall be delivered in a separate sealed package, with the number of ballots enclosed clearly marked on the outside of the package. A receipt shall be taken from the election board member to whom each package is delivered in person or by mail. The receipt shall be preserved for one year. Sec. 8-22. Precincts and polling places. The precincts estab- lished by the Lieutenant Governor and set forth in the Alaska Adminis- trative Code shall be the precincts for all city elections. The clerk shall secure a polling place for each precinct. Sec. 8-23. Election supplies and equipment. (a) Before the opening of the polls, the clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct I s election, including those materials required by this section. (b) The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, how to obtain information from election officials and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed in large, clear type and shall be distributed to the election boards to be promi- nently displayed in each polling place. The clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place. Sec. 8-24. Opening and closing of polling place. (a) On the day of the election, each election board shall open the polls for voting at 8:00 a.m., shall close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by 7:30 a.m. so that voting will start promptly at 8 :00 a.m. The chairman of the election board shall rotate times at which election judges, board members, and clerks may be relieved for breaks or meals; provided, however. that at all times at least two judges from the election board are present at the polling place. (b) Before issuing 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. The ballot box then shall be closed and shall not be opened again or removed from the polling place until the polls have closed. (c) Fifteen minutes before, and at the time of closing the polls, the election board shall announce both the designated closing time and the actual time at which the announcement is made. Failure to make the announcement at 15 minutes before closing time shall not in any way invalidate the election or extend the time for closing the polls. After closing, no person will be allowed to enter the polling place for -6- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 purposes of voting. However, every qualified voter present and in line at the time prescribed for closing the polls may vote. (d) In exceptional or unusual circumstances, the election board may, at its discretion, hold the polls open past the 8:00 p.m. closing time. Sec. 8-25. Voting procedure at the polls. (a) The election judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his residence and mailing address. A record shall be kept in the registration book in space provided of the name of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that he is qualified to vote. If any election official present believes the voter is not qualified, he shall immediately question the voter according to the procedure outlined in Section 8-33(b). If a voter's polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot a questioned ballot. (b) When the voter is qualified to vote, the election judge shall give him an official ballot. (c) Each voter shall retire alone to a booth or private area to mark his ballot. If a voter is blind or otherwise physically unable to mark his ballot alone, he may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately after marking the ballot, the voter shall return it to the election judge, having concealed the manner in which it is marked. The election official shall remove the numbered tab or tabs and deposit the ballot in the ballot box. (d) If a voter improperly marks or otherwise damages a ballot, he shall return it to the election officials, concealing the manner in which it is marked from view, and shall request a new ballot. The election officials shall destroy the damaged ballot after having record- ed its number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. Sec. 8-26. Spoiled ballots. The election supervisor shall specify uniform procedures for replacement, registration and disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election judges. Sec. 8-27. Unused ballots. The numbers of all ballots not issued shall be recorded and then all such ballots shall be disposed of as instructed by the clerk before the ballot box is opened. The record of ballots not issued and ballots damaged and replaced shall be preserved for 60 days unless the election is contested. Sec. 8-28. Commencement of ballot count. (a) For counting paper ballots or punchcard ballots when a computer is not available, when the polls are closed and the last vote has been cast, the election board and -7- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 clerks or counters shall immediately proceed to open the ballot box, separate the questioned ballot envelopes and other ballots and then proceed to count the votes cast. In all cases the election board shall cause the count to be continued without adjournment until the count is complete. (b) For punchcard voting with computer use, when the polls have closed and the last vote has been cast, the election board shall immedi- ately proceed to open the ballot box and separate the questioned ballots from the other ballots and place all unprocessible ballots in an enve- lope provided by the clerk. Ballots with write in votes shall be segregated, rubber banded, and placed in the back of the special ballot container. All voted ballots shall be placed in the tamper proof box and sealed and delivered by the city clerk to the data processing center. The clerk shall provide for reasonable security for the voted ballots up to and including the time they are counted. Sec. 8-29. Report, oath and vacancies of counters. Counters shall report to the election board at the polls at the time designated by the election supervisor or the chairman of the election board to assume their duties to assist the election board in counting the vote. Before undertaking the duties of office, each counter shall subscribe to an oath to honestly, faithfully, impartially and promptly carry out the duties of his position. An election judge may administer the oath. If an appointed counter fails to appear and subscribe to the oath at the time designated by the election supervisor, the election board shall appoint any qualified voter to fill the vacancy. Sec. 8-30. General procedure for ballot count. (a) The election supervisor may issue rules prescribing the manner in which the precinct ballot count is accomplished so as to assure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and destroyed. The board shall count the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. When hand counting ballots, the election board shall count the ballots in a manner that allows watchers to see the ballots when opened and read. No person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for safekeeping may have a marking device in hand or remove a ballot from the immediate vicinity of the polls. (b) Ballots may not be counted before 8:00 p.m., local time, on the day of the election. (c) The public may attend and observe any ballot counting. -8- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 Sec. 8-31. Rules for counting hand-marked and punchcard ballots. (a) The election board shall count hand-marked and punchcard ballots according to the following rules: (1) The voter may mark his ballot only by the use of cross- marks, "X" marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks or plus signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate. (2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot. (3) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked. (4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office shall not be counted. (5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clearly that the voter intended the particular square marked. (6) Improper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made. (7) An erasure or correction invalidates only that section of the ballot in which it appears. (8) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the bases of other evidence, that the ballot was so marked for the purpose of identifying the ballot. (9) In order to vote for a write-in candidate, the voter must write in the candidate's name in the space provided and, in addition, mark the square opposite the candidate's name in accordance with (1) of this section. Stickers may not be used on punchcard ballots. Use of stickers on punchcard ballots can cause that portion of the ballot to be invalidated. (b) shall be marked in The rules set out in this section are mandatory and there no exceptions to them. A ballot may not be counted unless compliance with these rules. (c) The rules set out in this section apply to hand-marked punch- card ballots if punchcard machines are not available in a precinct. -9- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 Sec. 8-32. Tally of votes. (a) Each election board shall tally the votes cast in the manner herein prescribed. When the tally of votes is completed, a Certificate of Returns shall be prepared and signed by three election judges. After completion of the Certificate of Returns, the counted ballots shall be sealed in an envelope provided by the clerk and shall be delivered to the clerk to be preserved unopened, unless the city councilor the court orders a recount, for one year. (b) supplies expedite The clerk shall issue instructions and shall provide forms and for the tally of votes cast so as to assure accuracy and to the process. (c) As soon as all the votes are read and counted, a tally certif- icate shall be drawn upon each of the tally sheets or attached thereto stating the number of votes each person has received and designating the office for which he received the votes. The certificates shall be signed by the election board members. (d) If the results of the above tally certificate of number of votes received shows two or more candidates tied in having the highest number of votes for the same office for which there is to be elected only one candidate, the election board shall immediately proceed with a recount of the votes for that office. The recount tallies shall be prepared and certified as provided for the first count. (e) The certificate of returns and tally certificates, with the registration list, oath of judges and oaths of voters and other papers, shall be sealed in an envelope by the judges and endorsed "Election Returns", and shall be delivered to the city clerk. Sec. 8-33. Questioned ballots. (a) If the polling place of a voter is in question, the voter shall vote a questioned ballot after complying with subsection (c). (b) Every election official and election judge shall question, and every watcher and any other person qualified to vote in the precinct, may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote in the election. All questions regarding a person's qualifications to vote shall be made in writing, setting out the reason that the person has been questioned. (c) The questioned person, before voting, shall subscribe to an oath or affirmation on a form provided by the election official attest- ing to the fact that in each particular the person meets all the quali- fications of a voter, is not disqualified, and has not voted at the same election. If the question is to residence within the precinct or voting area, the person shall also state the place from which that person came immediately before living in the precinct where offering to vote and the length of time of residence in the former place. After the questioned person has executed the oath or affirmation, the person may vote. If -10- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 the questioned person refuses to execute the oath or affirmation, the person shall not vote. (d) A voter who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election official or judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement he previously signed is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, and delivered to the clerk. The election canvassing board shall review and judge the appli- cability of questioned ballots in accordance with Section 8-34 of this code. Sec. 8-34. Canvass of returns. (a) On the first Wednesday after each election, the city council shall meet as the canvass board and canvass all election returns. The canvass may be postponed for cause from day day to day but not exceeding three postponements. (b) In full view of those present, the election canvass board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's Certificate of Returns. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally certificates to the precinct Certificate of Returns shall be corrected in the Canvass Board Certificate of Election Returns. If, in the opinion of the canvass board, a mistake has been made in a precinct Certificate of Returns which is not clearly an error in the transfer of results from the Tally Certificate to the Certificate of Returns, the canvass board may order that a recount of the results of that precinct be made for that portion of the returns in question. (c) The minutes of the meeting shall show: (1) The number of votes cast in such election; (2) The names of the persons voted for and the propositions voted upon at such election; (3) The offices voted for; and (4) The number of votes cast for each candidate and for and against each proposition voted at such election. (d) Questioned and absentee ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the certificate. if the witness or the officer or other person au- thorized by law to administer the oath fails to affix his signature, or -11- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 if the voter fails to enclose his marked ballot inside the small enve- lope provided. Any person present may question the name of an absentee voter when read from the voter's certificate on the back of the large envelope if he has good reason to suspect that the voter is not qual- ified to vote, is disqualified, or has voted at the same election. The person questioning the voter shall specify the basis of the question in writing. The canvassing board by majority vote may refuse to accept the question and count the ballot of a person properly questioned. If the ballot is refused, the clerk shall return a copy of the statement of the question to the voter by certified mail to the address contained in the Voter's Certificate and shall enclose all rejected ballots in a separate envelope with statements of question. The envelope shall be labeled "rejected ballots" and shall be preserved for one year with the empty absentee ballot envelopes, or in the case of questioned ballots, with the empty questioned ballot envelopes. If the ballot is not refused, the larger envelope shall be opened, the small inner envelope shall be placed in a container and mixed with the other blank absentee and questioned ballot envelopes, the mixed small blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots found in Section 8-31(a). Sec. 8-35. Tie votes. If a tie vote exists, and only one of the candidates so tied may hold office under the laws establishing the office voted for, the tie shall be broken by a single coin toss. If no contest is initiated under the provisions of Section 8-38 or if such contest be held and determined, the result of the election shall be publicly declared by the council and entered upon the minutes of such meeting. Sec. 8-36. Certification of the election. (a) On the Monday following the election, the city council shall meet in public session to certify the election or order a recount or investigation of the elec- tion. The certification shall 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. (b) Upon certification of a valid election, the city council shall direct the clerk to deliver to each person elected to office a "Certifi- cate of Election" signed by the clerk and the mayor and authenticated by the seal of the city. Sec. 8-37. Election recounts. (a) A defeated candidate or ten qualified voters who believe there has been a mistake made by an elec- tion official or by the canvassing board in counting the votes in an election may file an application requesting a recount with the clerk no later than 5:00 p.m. on the Monday following the election. (b) The application shall specify in substance the basis of the. belief that a mistake has been made, the particular election precinct or precincts for which the recount is to be held, the particular office, -12- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 proposition or question for which the recount is to be held, and that the person making the application is a candidate or that the ten persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the ten qualified voters seeking the recount. (c) Upon receiving an application in substantially required form, the city council shall appoint a recount board of three or more qual- ified voters to, as soon as possible, conduct the recount of ballots of those precincts cited in the application for recount. The rule govern- ing the counting of marked ballots by the election board shall be followed. Those requesting the recount, those whose election is re- counted and the public shall be allowed to attend the recount proceed- ing. (d) Upon completion of the recount, the recount board shall certify the results of the recount to the city council. The council shall declare the final election results and direct the clerk to deliver to each person elected to office a "Certificate of Election" signed by the clerk and the mayor and authenticated by the seal of the city. (e) The applicant or applicants for the recount shall pay all costs and expenses incurred in a recount of an election demanded by the applicant or applicants if the recount fails to reverse any result of the election or if the difference between the winning and losing vote on the result requested for recount is more than two percent. Any person or group of persons demanding a recount of ballots as provided herein shall deposit with the city clerk a cash bond in the amount of five hundred dollars guaranteeing payment of the cost of recount as surety for such costs. If the final recount shows an error creating an errone- ous result, the bond shall be refunded in full. (f) A candidate or any person who requested a recount who has reason to believe an error has been made in the recount involving a question, proposition, candidate or validity of any ballot may appeal to the superior court within ten days after the city council has declared the election results. If no such action is commenced within the ten-day period, the election and the election results shall be conclusive, final and valid in all respects. Sec. 8-38. Contest of election. (a) A defeated candidate or any ten qualified voters may contest the election of any person or the approval or rejection of any proposition upon one or more of the follow- ing grounds: (1) Malconduct, fraud, or corruption of an official suffi- cient to change the result of the election; (2) Disqualification of the person under provisions of law or ordinance; or -13- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 (3) Existence of a corrupt election practice as defined by the laws of the state sufficient to change the results of the election. (b) The defeated candidate or one or more of the voters initiating a contest shall appear before the canvass board and there shall deliver a written notice of contest, or such written notice shall be filed with the clerk no later than 5:00 p.m. on the Monday following the election. The notice of contest shall specify the election being contested, shall state the grounds of the contest in detail and shall bear the notarized signature of the candidate or the qualified voters bringing the contest. (c) Upon receiving a valid notice of contest, the city council shall order such investigative action as it deems appropriate. If the contest involves voter eligibility, the clerk and the city attorney shall be ordered to investigate the allegations and report their find- ings to the city council. If other illegal or irregular election practices are alleged to have occurred, the city council shall order an investigation. If the clerk and the manager are both named in the contest, the council shall appoint an investigating board to conduct the required investigation. Any person shall be allowed to attend all investigation proceedings. (d) After considering the reports of the investigating officials and any other evidence presented, the city council shall determine whether the grounds for contest were valid and whether any illegally cast votes could have affected the election results. If they could not, the city council may so declare and uphold their previous action in declaring the election validly held. If the contest involves other prohibited practices which are shown to have taken place, the city council shall exclude the votes of the precincts where such practices occurred from the total returns. If it is determined that such exclu- sion could not affect the election result, the city council shall declare the election validly held. (e) Unless the grounds for which the contest was brought are determined to be valid, the candidate or contestants shall be indi- vidually liable for the whole amount of the expenses incurred by the city in its investigation and deliberation of the election contest. Any person contesting an election as provided herein shall post a cash bond in the amount of One Thousand Dollars guaranteeing payment of the cost of contest as surety for such costs. If the contest is shown to be valid, this bond shall be refunded in full. (f) A defeated candidate or any ten qualified voters who contested an election may bring an action in the superior court within ten days after the city council has concluded that said election was validly held and the results entered upon the minutes. Such legal action shall be upon the grounds set forth in AS 15.20.540 for contesting state elec- tions. The judge shall render a decision as required by AS 15.20.560 for state elections. If no such action is commenced within the ten-day period, the election and the election results shall be conclusive, final and valid in all respects. -14- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 Sec. 8-39. Preservation of election ballots, papers and materials. The clerk shall preserve all precinct Certificates of Returns, Tally Certificates and registers, all voted ballots and declarations of candidacy filed for one year after the election. These materials may be destroyed after their retention period has lapsed unless an application for a recount has been filed and not completed or unless their de- struction is stayed by an order of the court. Canvass Board Certifi- cates of Election Returns are to be preserved as permanent records. Sec. 8-40. Certain election practices prohibited. The provisions of AS 15.56 are adopted and those acts made unlawful in that chapter are hereby made unlawful acts within the scope of this chapter. The listing of prohibited practices elsewhere in this chapter shall be deemed supplementary to the state law and the actions hereafter made unlawful even though not specifically mentioned in state law. Absentee Voting Sec. 8-41. Eligibility. Any qualified voter may vote an absentee ballot for the precinct in which he resides and is registered (1) if he believes he will be unavoidably absent from his voting precinct on election day or (2) if he will be unable to be present at the polls because of physical disability. Sec. 8-42. Preparation of ballots, envelopes and other materials. The clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a small envelope in which the voter shall initially place the marked ballot, and shall provide a larger envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with the ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for use when required, that the voter is a qualified voter in all respects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and identified himself, blanks for the attesting official or witnesses, and a place for recording the date the envelope was sealed and witnessed. Sec. 8-43. Absentee voting in person. (a) A qualified voter may apply in person for an absentee ballot at the office of the city clerk during regular office hours. (b) On receipt of any absentee ballot in person, the voter shall 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 the election official who shall sign as attesting official and date of his signature. The election official shall then accept the ballot. (c) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a -15- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 ballot, the voter may request, and the election official shall provide him with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. The clerk shall keep a record of the names and the signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast. Sec. 8-44. Absentee voting by personal representative. (a) A qualified voter who is physically disabled may apply for an absentee ballot through a personal representative to the city clerk on or after the 15th day before an election up to and including the day of the election. (b) Upon receipt of a written application by personal representa- tive, the election official authorized to issue the absentee ballot shall provide the ballot and other absentee voting material to the personal representative if the written application is signed by the applicant and is accompanied by a letter from a licensed physician or a statement signed by two qualified voters stating that the applicant will be unable to go to the polling place because of physical disability. (c) The personal representative shall deliver the absentee ballot to the voter as soon as practicable. Upon receipt of an absentee ballot through a personal representative, the voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the envelope in the presence of the personal representative who shall sign as attesting witness and date his signa- ture. The voter shall then return the absentee ballot to his personal representative who shall deliver the ballot to the clerk. The absentee ballot must be returned to the clerk within three (3) days from the date it is obtained but not later than 8:00 p.m. on election day. An elec- tion ballot that is not returned to the clerk by the close of business on the third day from the day it is obtained may not be counted but the voter may vote in the election. (d) The clerk shall keep a record of the name and signature of each personal representative requesting an absentee ballot and the name of the person on whose behalf the ballot is requested. The clerk shall record the date and time the absentee ballot is provided and the time the ballot is returned to the clerk's office. (e) A candidate for office at that election may not act as a personal representative. Sec. 8-45. Absentee voting by mail. (a) A qualified voter may apply by mail to the city clerk for an absentee ballot. The application shall include the address to which the absentee ballot is to be re- turned, the applicant's full Alaska residence address and the appli- cant's signature. -16- . . . e . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 (b) An application for an absentee ballot by mail must be post- marked not more than six (6) months nor less than seven (7) days before the election for which the absentee ballot is sought. (c) After receipt of an application by mail, the clerk shall send the absentee ballot and other absentee voting material to the applicant by certified 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 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, and to sign the voter's certificate on the back of the larger envelope in the presence of an official and shall date his signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by two (2) persons over the age of 18. (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, he shall use the most expeditious mail service and mail the ballot not later than the day 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 clerk before the date and hour of the canvass. Ballot envelopes received after that time shall not be opened, but shall be marked "invalid", with the date and hour of receipt noted thereon, and shall be preserved for one year with other ballots of the election. (g) The 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 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 clerk. Sec. 8-46. Fee voter for attesting absentee. prohibited. No person may receive a fee from the to any voter's certificate required in voting Sec. 8-47. Names of absentee voters to be made available. The clerk and election officials shall have available for public inspection the names and addresses of persons who voted absentee. -17- . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 Definitions Sec. 8-48. Definitions. requires otherwise: In this chapter, unless the context (a) The masculine includes the feminine. (b) "Clerk" means the city clerk or any properly authorized assistant, deputy or designee. (c) "Days" include weekends and holidays. (d) "Election" includes any regular or special election for the City of Seward. (e) "Election officials" means the city clerk or his designee, election judges, election clerks and canvassing boards. (f) "Oath" includes affirmation. (g) Governor place. "Precinct" means the territory established by the Lieutenant within which resident voters may cast ballots at one polling (h) "Proposition" includes question. (i) "Publication" means advertising in a newspaper of general circulation or posting in public places. (j) "Qualified voter is any voter who is: (1) A citizen of the United States; (2) Has passed his eighteenth birthday; (3) Has been a resident of the state and of the city for at least thirty days just before the election; (4) Has registered before the election as required by AS 15.07 and is not registered to vote in another jurisdiction; and (5) is not disqualified under Art. V of the State Constitu- tion. (k) "Regular election" means a general election to fill city offices as required by AS 29.28.015. (1) "Special election" means any election held at a time other than when a regular election is held. (m) "Swear" includes affirm. -18- . . . - . CITY OF SEWARD, ALASKA ORDINANCE NO. 527 (n) "Voter" means any person who presents himself for the purpose of voting, either in person or by absentee ballot. Section 2. This ordinance shall take effect 10 days following its enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of July , 19 84 . AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ce Mayor Gillespie, Hilton, Meehan, Swartz, Williams, Wilson None Cripps None APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL AND BRUNDIN, At torneys for the City of Seward, Alaska C' fM? _I- \ r ,Au I'] rTlC' Christy Audette, Deputy City Clerk ~aI~ Fre B. Arvidson, City Attorney (City Seal) -19-