HomeMy WebLinkAboutOrd1994-045
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Sponsored by: Murphy
Introduction Date: 11/28/94
Public Hearing Date: 12/12/94
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-45
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, REPEALING SEWARD CITY CODE
~2.10.085, COUNCIL AS CANVASS BOARD, AND AMENDING
~4.05.1l5, CANVASS OF ELECTION RETURNS
WHEREAS, the City Council wishes to provide for a citizen board to canvass city
election returns and to remove the Council from this phase of the election process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Seward City Code 92.10.085, Council as canvass board, IS hereby
REPEALED.
Section 2. Seward City Code 94.05.115 is hereby amended to read as follows:
4.05.115 Canvas of election returns.
A. Election canvass board. Before each election, the city clerk, subject
to approval of the city council, shall appoint four or more qualified voters who
shall constitute the election canvass board for that election. All members of the
election canvass board, 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.
E. Canvass of returns. generallv.
1. No later than the Monday following each election, the
election canvass board shall meet in public session and canvass all election
returns. 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 the precinct 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 results. All obvious errors found by the election
canvass in the transfer of totals .from the precinct tally sheets to the precinct
certificate of results shall be corrected by the canvass board. A mistake which has
been made in precinct returns that is not clearly an error in the transfer of the
results .from the tallies to the certificate of results empowers the canvassing board
to recommend a recount of the results of the precinct or precincts for that portion
of the returns in question.
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-45
2. Upon completion of the canvass, the canvassing board shall
prepare a final certificate of the results of votes cast by absentee, questioned and
challenged ballots and of votes cast by regular ballot and shall prepare a written
report of the results to be submitted to the council.
C. Procedures for handlinf! Questioned and absentee ballots.
1. No questioned or absentee ballot shall be counted if the
voter has failed to properly execute the certificate, if the witness or the officer or
other person authorized by law to administer the oath fails to affix his signature,
or if the voter fails to enclose his marked ballot inside the small envelope
provided.
2. 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 qualified to vote, is disquali-
fied, 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
questioning the ballot to the voter. The clerk shall enclose all rejected ballots in
a separate envelope with statements of the basis for the question. The envelope
shall be labeled "rejected ballots" and shall be preserved with other voted ballots.
if the ballot is not refused, the large envelope shall be opened, the smaller inner
envelope shall be placed in a container and mixed with other absentee and
questioned ballot envelopes. The mixed smaller envelopes shall be drawn from the
container and opened, and the ballots shall be counted according to the rules for
determining properly marked ballots.
Section 3. This ordinance shall not take effect until precleared through the U. S.
Department of Justice as required by the Federal Voting Rights Act.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
12th day of December, 1994.
THE CITY OF SEWARD, ALASKA
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Dave W. Crane
Mayor
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-45
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson & Brecht,
Attorneys for the city of Seward, Alaska
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(City Seal)
City Attorney
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