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HomeMy WebLinkAboutOrd1961-306 CITY OF SE\1ARD. ALASKA ORDINANCE NO. 306 AN ORDINANCE REPEALING SECTIONS 3.100 TO 3.134 INCLUSIVE OF THE SE1~ARD CODE f\ 7 f)-V 11 ~, OF ORDINANCES AND PROVIDING FOR A NEW ELECTION CODE. . ~ 3, {;iL-"i &j C.( _ t~~..{S / ~~, IY~ yt-ll- '~f~. q ~ J . S (6fu.J.- , THE CITY OF SEWARD. ALASKA ORDAINS: Section 3.100 General Election. (a) There shall be a general annual City election in the City of Seward. Alaska on the first Tuesday in October of each year for the purpose of electing such officers of the City of Seward and members of the School Board of the Seward. Alaska School District as are now or may hereafter be made elective. (b) The City Council may order a special election to be held upon the happening of any exigency by virtue of the Home Rule Charter of the City of Seward. the ordinances of the City of Seward. or any State law. All such special elections held shall conform in all respects with all the provisions of the Home Rule Charter and this ordinance. Section 3.101 Officers and Tenure of Office. (a) At a general election there shall be elected by the qualified electors of tbe City of Seward all officers required under tbe Home Rule Charter of the City of Seward. and members of the School Board of the Seward, Alaska School District. as required by the laws of tbe State of Alaska. (b) All officers of the City of Seward shall hold their respective offices in accordance with the provisions of the Seward Home Rule Charter. Section 3.102 Qualifications of Electors. To be eligible to vote at any City election. an elector shall possess all of the qualifications of an elector as provided in Section 10.3 of Chapter 10 of the Home Rule Charter of the City of Seward. An elector votiQg for a member of the Seward School Board shall possess the qualifications required by the lsws of the State of Alaska. Section 3.103 Every Elector to Register. (a) The City Clerk is hereby designated the registrar of the City sod he sball keep a permanent registration index on alphabetically arranged cards of all qualified electors who have registered. (b) All persons. before voting in any general or special election in the City of Seward. must register as bereinafter provided. except. however. in case of voting for members of tbe School Board, all electors having the requisite qualifications as provided by the laws of the Stste of Alaska shall be allowed - 1 - to cast their ballots without having previously registered. A person once registered shall not be required to again register unless his registration is stricken from the permanent registration records for the reasons hereafter set forth. (c) The central registration office shall be the office of the City Clerk at the City Hall. In addition to the central registration office tbe City Clerk may designate witb the approval of the City Council other places of registration within the City. Section 3.104 Redstrat10n - Si~ing Cards; Affidavit; Fl1i~ Cerds; Fortl\S. (a) Every person registering shall personally sign an original and dupli- cate original registration card and subscribe to an affidavit of registration under oath for this pU1:pose. The City Clerk snd such assistants as he may designate are hereby empowered to administer such oaths. The original registra- tion card shall be filed in the office of the City Clerk and the duplicate card shall be alphabetically filed in a card index to be used in the elector's voting precinct as hereinafter provided; provided, however, that persons attaining the age of nineteen (19) while absent from the State due to military service and otberwise eligible to register shall be entitled to absentee registration. (b) Registration cards shall be on forms approved by the City Council. (c) The City Clerk shall upon request send to any person entitled to absentee registration the original and duplicate registration cards. including an affidavit of registration. together with an affidavit stating that said person has personally signed the registration cards. Sald docUlDElnts, when recei~ by the City Clerk. correctly executed and subscribed to before any person authorized to administer oaths, shall constitute said absentee a qualified elector. Section 3.105 Forfeiture; Rere~istration: Transfer; Permanent Record: Chal1e~e. (a) Qualified electora who haVG registered shall forfeit registration and the right to vote in any City election. if (1) such elector removes his residence from the corporate ltmltsi (2) such elector shall have changed his or her name since registering; (3) .such elector shall not have voted for a period of twenty-five (25) months in any general or special municipal election. Any person who has forfeited his registration shall be required to register anew before being entttled to vote. - 2 - r (b) A person whose name does not appear on the registration index of qualified electors shall not be granted the right to vote by any election ~fficer, except for School Board members. (c) Qualified electors who change their residence within the City shall be entitled, upon written request, or by personal appearance before the registration officer, to have their registration transferred from one precinct to another. An elector who has moved from one precinct within the City of Seward to another precinct within the City of Seward since he has registered without moving his registration must cast his ballot at the polling place in the place of original registration. (d) Any person who registered according to the provisions of this code shall be entitled to vote and only such persons shall be so entitled to vote, but such registration shall be but prima facie evidence of the voter's quali- fications and it shall be the duty of the election officials to challenge any voter, whom they know, or believe, to have become disqualified as an elector. (e) Registration cards removed from the Clerk's file and precinct's files because of a voter's failure to vote for twenty-five (25) months shall be retained in the permanent records of the City Clerk. Section 3.106 Times of Registration; Day's Books Closed. (a) The registration of electors shall be carried out at all times during the regular office hours of the City Clerk, except the City Clerk may extend registration until 10 p.~ However, there shall be no registration within five (5) days of any general or special election, said five da.ys to include Sundays and holidays. Section 3.107 General and Special Election Times; Notices. (a) Annually, on the first Tuesday of October of each year, a general election shall be held in the City for the election of vacant municipal offices and to fill School Board vacancies and for the determination of such other matters as may regularly be placed on the ballot. (b) The City Clerk shall cause to be published in a newspaper of general circulation three (3) times preceding the annual general election a notice of such election. The first publication shall commence forty (40) days prior to the date on which the general election will be held, and the last publication shall be within the week preceding the election. (c) Special elections may be ordered by the City Council upon appropriate resolution of that body made in accordance with law. (d) The City Clerk shall cause to be published in a newspaper of general circulation in the City, a notice of election for each week until the election - 3 - following the first publication thereof, which shall be not less than twenty (20) days prior to the date of election except where otherwise required by law. (e) Notices of election prescribed by the provisions of this code shall state: (1) The date of election; (2) The time of opening and closing the polling places; (3) The location of precinct polling places and a description of the voting precincts by boundaries; (4) The qualifications of voters and the manner, time, method and place of registration; (5) The manner of nominating candidates; (6) The type of election, i.e. general or special; (7) The offices to be filled or propositions submitted to the electors. Section 3.108 Duplicate Index; Deliverimu Si~nin~ Duplicate Card; Identification of Voter; Challen~e; Depositin~ Ballot; Questionin~ of Voter of Doubtful Qualifications; Challen~e of Voters of Suspect Qualifications. (a) The City Clerk before 8 o'clock a.m. on the day of election shall deliver to the election officials in every precinct the duplicate registration index in which shall be alphabetically filed the duplicate registration cards of all voters qualified and registered to vote in such precinct. (b) Every voter shall sign and date such card on the first available line on the reverse thereof before being given an official ballot and the election officials shall compare such signature with the signature on the face of such registration card, and insert the date of voting beside the signature. If such election official believes that the person appearing to vote is not identifiable from the information contained on such registration card, such voter shall immediately be challenged. (c) Any election judge may question any person of doubtful qualifications attempting to vote and may require identification. Upon a satisfactory showing that the person is qualified to vote, the election judge shall allow the person to vote. If the election judge is doubtful as to the ability of a person to speak the English language, a satisfactory showing is made by the person briefly conversing with the election judge by the use of a few simple English words. If the election judge is doubtful as to whether there is a physical disability preventing the speaking or reading of the English language, a satisfactory showing is made by a written statement made by a licensed physician that the person is so disabled. - 4 - r - 5 - r= present, with the approval of the City Clerk, shall choose a qualified elector to serve in the absentee's place. (b) The City shall pay each officer of election at the rate of pay as set by the State of Alaska for the performance of like duties at State elections. Section 3.111 The JudRe Inspector; Duties; Oath of Election Officers. (a) The Judge Inspector so chosen in each precinct shall appear before the City Clerk and sholl toke the oath set forth herein, and he in turn shall odclt~ister the same oath to all other judges and clerks in his precinct. The ODth administered shall be as follows: "I, , do solemnly swear (or affirm) that I will honestly and faithfully perform the duties of judge (or clerk) of election according to law; that I will assiduously endeavor to prevent fraud, deceit, or abuse in conducting the election, to the best of my ability, SO HELP ME GOD." (b) He sholl act as chairman of the three judges. He shall be responsible for the securing of all supplies from the City, for the instruction of all other election board members, and shall be present at the canvassing of the ballots. Section 3.112 ClosinR Polls; ProclamatiolU Voters in Line May Vote; Exl1ibgi_I1ELB.?ll,Q!;Bo,~~s; _9.l.o!lJ!1H. Ballot Boxes. Thirty minutes before the closing of the polls on the day of election one of the judges shall proclaim the time remaining before the polls shall close, and when the polls are closed the fact must be announced aloud, and after such proclamation no ballots sholl be received except those of qualified electors present at the polls at the time for closing and waiting to vote. Before receiving any ballots the election board must, in the presence of any pensons assembled at the polling place, open, exhibit to those present and close the ballot boxes; thereafter the ballot boxes must not be removed from the polling place or presence of the bystanders until all ballots are counted, nor must they be opened again until the polls are finally closed. Section 3.113 Ballots - Expense. At all municipal elections to be hereafter held, the printing and distribution of ballots and instructions to voters shall be paid for by the City. Section 3.114 Fo~ (0) The names of all candidates to be voted for sholl be printed on one ballot including all candidates for mayor, council and such other officials as shall be elected according to law. Preceding the list of candidates for each office there shall be placed the words: ''Vote for not more than three" or - 6 - r-- "Vote for not more than one", or such other number ss are to be elected to the office in question as the case may be. The ballot shall contain, under the title of each office and below the printed names of the candidates for such office, blank lines. equal in number to the candidates to be elected to such office, upon which the voter may write the names of persons for whom he desires to vote and whose names are not printed upon the ballot. Hben a voting machine is used instead of a paper ballot. 8 vote may be cast for any person whose name does not appear On the machine. Such a vote may be deposited, written or affixed in or upon the device provided On the machine for that purpose. (b) Nothing in this section shall be construed to prohibit any voter from writing in the name of a desired candidate on the blank line provided for that purpose on paper ballots or by writing in the name of the desired candidate on the device provided for that purpose on voting machines. Such votes which are written in as provided herein shall be termed "write-in" ballots. (c) At the top of the ballot, so as to be clearly visible when folded, shall be printed the words: "OFFICIAL BALLOT OF THE CITY OF SEUARD, ALASKA", the date of the election, and a facsimile signature of the clerk who has caused them to be printed. The ballots shsll be of plain white paper, through which printing or writing cannot be read, except ballots for the office of school board member shall be of plain pastel colored paper, through which printing or writing cannot be read. The names of the candidates shall be printed in capital letters, not less than one-eighth of an inch, or more than one-fourth of an inch in height and at the beginning of each line in which the name of a candidate is printed and at the beginning of each blank line provided for write-in ballot candidates, a square shall be printed, the sides of which shall be not less than one-fourth of an inch in length. Ballots shall be numbered consecutively. Candidates' names shall be rotated in the manner required by State law for State elections. Section 3.115 Printin~i DeliverYi Time Deliveredi Correctionsi Packa~esi Inspection; Recei~t; Preserved. For all elections to which this code applies the City Clerk shall have charge of the printing of the ballots and shall deliver them to the election board preceding the oponing of the polls on election day. Such ballots shall be placed in separate sealed packages with marks on the outside, clearly designating the number of ballots enclosed by their printed numbers, and a receipt therefor taken from the election board to which they are delivered. which receipt shall be preserved in the records of the City. - 7 - Section 3.116 Specimen Ballots; Printin~; Delivery. The City Clerk shall also have printed a number of colored specimen ballots for the use of the election officers and general public, which ballots shall be available in advance of election day. Section 3.117 Instruction Cards; Furnishing. The City Clerk shall publish full instructions for the guidance of voters as to how to obtain the ballots, as to the manner of marking them and the method of obtaining information, and as to procuring new ballots in place of any destroyed or spoiled, and he shall cause such instructions to be printed in large clear type on cards, and the Clerk shall furnish to the judges of election a sufficient number of such cards of instruction to enable the election board to comply with the provisions of this code. Section 3.118 VotinR Booths; Supplies; Boxes in View; Shape of Booths; Expenses. (a) It shall be the duty of the City Clerk to cause to be erected in the polling placesdesignated by the Council, s sufficient number of booths, which shall be supplied with such supplies and conveniences as will enable the voter to mark his ballot for voting and in which the voter may prepare his ballot screened from observation. Each such booth shall have three sides enclosed. (b) A ballot box shall be provided for each type of ballot. The ballot. . boxes shall be within plain view of the election officers and voters and perS'ims within the polling place, outside of the booths. (c) The expense of providing booths, and other things required to be furnished by this code shall be paid in the same manner as other election expenses. Section 3.119 Voting Procedure; Examination of Ballotsi Depositi~ Ballots; Replacina Spoiled Ballots; Illiterates; Assistance. (a) Any person desiring to vote shall give his name to the election board and sign and date his duplicate registration card. The judges shall give the voter one and only one ballot of each type. (b) Upon receipt of the ballot the voter shall forthwith retire alone to the voting booth prOVided, and slulll prepare his or her ballot, by marking in the appropriate box opposite the name of the candidate of his or her choice or by writing in a candidate's name on a blank line and marking in the appropriate box; provided, however, such voter shall not vote for more than the proper number of candidates for each office to be elected thereto. Before leaving the voting booth the voter shall fold his ballot in such a manner as - 8 - ;==-,-.~ to show and display the number thereon. He shall then hand the same to one of the judges of election who shall examine it, and if found to be correctly n~ bered, shall deposit it in the ballot box, after tearing off the printed number thereon. (c) He shall mark his ballot without undue delay. No person shall take any ballots from the polling places before the closing of the polls. Any voter who shall through accident or mistake mutilate or spoil the ballot given him, shall upon returning same to the judges receive another in pla.ce thereof, with the maximum of three. Any voter who is blind or otherwise incapable of marking his or her ballot, may demand that the judges of election assist him or her, whereupon the judges of election sholl do so. Section 3.120 Defective Ballots; Unused Ballots; Disposition; Ambiguous Ballots. (a) If the voter shall mark more names than there are persons to be elected to any office, or if for any reason it is impossible to tell the voter's choice for any office to be filled, or pcoposition to be voted on. the ballot shall be considered "Defective" and shall not be counted. No ballot without the official number thereon shall be permitted to be deposited in the ballot box, and none but ballots complying with the provisions of this code shall be counted. Ballots, no portion of which is counted, shall be marked "Defective" on the back thereof and signed by the judges, stating why the ballot was not counted and was so marked, and all such ballots shall be enclosed in an envelope which shall be marked so as to distinguish its contents. (b) If, after the polls are closed and before the delivery of the ballots by the judges to the City Clerk, any person shall contend or assert that any ballot is defective and not to be counted, but the judges, or a majority of them, shall determine that such ballot is not defective and shall count the same. or if the judges, or a majority of them. shall determine that a portion another portion thereof is not countable and is partially defective as to such portion the voter shall have marked more names than there are persons to be elected to any office or for any reason as to such portion it is impossible to tell the voter's choice for any office to be filled or proposition to be voted upon. such ballot shall be marked "Objected to" on the back thereof. stating that the ballot was counted, in whole or in part. the nature of the contention or assertion, if any, that the ballot is defective and not to be counted; the portion, if any, of the ballot determined by the judges to be not countable and the reasons for such - 9 - determination; and such ballot shall be signed by the judges. (c) All ballots not voted, and all ballots spoiled by the voters shall be returned by the judges of election to the City Clerk, and receipt taken therefor. The Cle~k shall keep a record of the number of ballots delivered at the various polling places. the names of persons to whom delivered, the time when delivered, and he shall also enter upon such record the number and character of the ballots returned, with the time when and by whom returned. (d) No ballot shall be rejected for the reason that the purpose of the same is obscure, either as to the person voted for or the designation of office, if the judges can determine from an inspection of the ballot as to the person intended to be voted for, and the office designated. Section S.12l Counting; Checking with Index; Opening in Public; Tally. (a) As soon as the polls are finally closed, the judges shall open the boxes containing the ballots cast, and when the same have been counted and result ascertained the same shall be checked with the registration index and all ballots replaced to be counted again as hereinafter provided for. In no case shall a ballot box be removed from the room in which any election shall be held, until all the ballots have been finally counted. The counting of ballots shall in all cases be public. The ballots, after having been counted and checked as herein provided, shall be taken out carefully, one by one, by the judges of election, who shall read aioud the name of each person voted for. (b) The judges shall write down each office to be filled and the name of each person to be voted for such office, and they shall keep the number of votes by tallies as they are read aloud. Section 3.122 Stringin~ and Preserving Ballots; Sealin~; Burning; Time. (a) It shall be the duty of one of the judges to string the ballots at the time of the counting, and after all the ballots have been counted and strung, it shall be the duty of the judges to place them in a sealed envelope, and to write thereon: '~a1lots of municipal election of the City of Seward, Precinct No. , held this day of , 19_. II and to deliver said sealed envelope to the City Clerk, who shall deliver the same to the canvassing board when called for, and otherwise shall keep the same unopened for one year, to be used only as evidence in case of contest when called for; and a.t the end of which time it shall be the duty of the City Clerk to destroy said ballots. (b) It shall be the duty of the City Clerk, or his duly authorized representative, to pick up all election materials, e.g., ballots, tallies, ~ 10 ~ certificates. and similar materials from the election boards immediately following th~ conclusion of their duties. Section 3.123 Returns-i J~.-~tt;:Hil::!lJ:ML Recountj..B&Jle Votes; Signing; Seali~; .- Gath~~e.9-._b~LClerk. (a) As soon as all the votes are read off and counted, a certificate shall be dra~~ upon each of the papers containing the poll lists and tallies or attached thereto stating the number of votes each person voted for has received. and designating the office for which he was voted. The certificates shall be signed by the election board members. (b) If the results of the above certified statement 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. (c) The certificate or certificat~s. with the registration cards, tallies or tallypapers, oaths of judges and oaths of voters and other papers, shall be sealed in an envelope by the judges and endorsed "election returns", and be delivered to the City Clerk. Section 3.124 Absentee Voti~ Persons Entitled; ~uthorization. Any voter within the City, properly registered and otherwise qualified, who expects to be absent from his City election precinct for the entire time that the polls are open on election day, or who will be unable to vote in such City election precinct by reason of infirmity or illness on the day on which any general or special municipal election is held, may cast a ballot in such municipal election by complying with the provisions of this code. Section 3.125 Application for Absentee Ballot; Authenticating; Determination of Right b~ Clerk; Mailing; Record; List of Applicants to Judges. (a) Not more than twenty (20) nor less than five (5) days before any municipal election, any voter properly registered and qualified, who expects to be absent from his election precinct for the entire time that the polls are open on election day, or unable to vote therein on the day of such election, may file either in person or by mail, his written application with the City Clerk for an absent voter's ballot. The application shall be signed, by the applicant, show his place of residence, and shall make clear to the City Clerk the applicant's right to a ballot. ~ 11 - (b) Upon receipt of an application for an absent voter's ballot within the proper time. the Clerk receiving it shall file it. and then compare the signature thereon with the signature upon the original affidavit of registration and the place of residence as given in the application. with that in the affi- davit of registration. If it appears to the Clerk that the signature on the applica.tion is that of the person who signed the original affidavit of regis. tration, and that the place of residence as shown by the affidavit of registration and by the application for a ballot is within the City. he shall deliver to the applicant personally. or by mail at the mailing address given in the application, an official ballot for such election. applicable instructions for voting absentee. and which shall include all pertinent information. an identification envelope, and a return envelope. (c) Before delivering any ballot. the City Clerk shall satisfy himself of the applicant's right to a ballot. and may refuse in a proper case to deliver or send it. The applicant shall be promptly notified of the reasons for the refusal. (d) ~fuenever the Clerk is required to mail an absent voterls ballot to any voter, and the address to which such ballot is to be mailed is beyond a fifty mile radius of the City, he shall mail the absent voter's b~llot to the voter by air mail. (e) Upon delivering or mailing an absent voter's ballot. the Clerk shall enter upon the application of the absent voter, and on his affidavit of regis- tration. the number of. and the date of delivering or mailing. the ballot. Before the election, the Clerk shall send to the judges of each precinct in the City a list of the voters in his precinct applying for and receiving ballots under the provisions of this code. Section 3.126 Identification ~nQ_~eturn_j:.!l.velQ'p~ Specifications; Form of Affidavit. The identification envelope and return envelope provided for shall be of such form, size and weight as may be necessary and convenient as prescribed by the City Clerk. The identification envelope shall have printed on its face an affidavit substantially in the following form: IDENI'IFICATION ENVELOPE STATE OF ) ) ss: ) COUNTY OR JUDICIAL DISTRICT deposes and says: I am a resident - 12 - and a voter in precinct number in the City of Seward. Alaska. and I hereby enclose my ballot in compliance with the code of ordinances of the City of Seward. (signature of voter) (resident's address within City) SUBSCRIBED AND SlITORN TO before me this day of 19 . and I hereby certify that in my presence this affiaat enclosed said ballot and handed me this envelope sealed. that he signed this affidavit and I acknowledged it in accordance with lm'l. (official's signature) (SEAL) (title of officer) NOTICE - After receiving this sealed envelope from the person taking this affidavit. when voting outside the office of the City Clerk of the City of Seward. you must immedia.tely return it by mail. postage prepaid. to the City Clerk. Seward. Alaska. MARKED BALLOT ENCLOSED TO BE OPENED ONLY BY CANVASSING BOARD. Section 3.127 Absentee Voting B.eJor~ <;ity_c.lerk~_P!:Qc~d_u:r:~L p~).ive~y. pf 4.b!le..n~ee Il!llJ:.<2h Any voter applying for and receiving an absent voter's ballot may. on any date prior to the day of the election for which the ballot is to be voted. appear a.t the office of the City Clerk, Seward. Alaska. and stamp and seal his ba.llot under the scrutiny of that officer and in the following manner: (1) The voter shall first display the ballot to the Clerk as evidence that it is not marked. and shall then proceed to mark the ballot in the presence of the Clerk, but in such a manner that the Clerk is unable to see how it is being marked. The voter shall then fold the ballot and enclose it in the identification envelope. (2) The voter shall then make out or cause to be made out and sworn to the affidavit printed on the face of the envelope and de- liver it properly sealed to the officer before whom the ballot is marked. (3) The officer shall then certify to the affidavit printed on the identification envelope. and after writing or sta.mping his name across the seal shall deposit the envelope in a safe place in his office to be kept by him and delivered to the canvassing board. - 13 - (4) Should an absent voter return to his City precinct on election day. he sholl not vote until he surrenders to the judges of the precinct board the absent voter's ballot ond other supplies lllBiled to him. The judge or judges of election shall return the unused absent voter's ballots with the unused ballots of the precinct. Section 3.128 Absentee Votin~ Other; Procedure; Appearance; Oath; Causes. (a) At any time on or before the date of election, an absent voter may appear before any officer authorized to administer oaths at the place of such appearance within the United States. in which he may be at the time of receiv- ing his ballot. to mark his ballot if: (1) In the case of any election conducted by the City he is absent from the City; or (2) He is unable because of disability to go to his polling place. (b) In the presence of such officer. but not so that such officer may see how the ballot is being IllBrked. the voter IllBY IllBrk and seal his ballot as before stated in this section, except that he may IllBrk his ballot with pen and ink or indelible pencil. Such officer shall then certify to the affidavit printed on the identification envelope. and enclose the envelope 1n the return envelope and seal it. After writing or stamping his name across the seal. he shall deliver the envelope to the voter to be by him returned to the office of City Clerk of Seward. Section 3.129 Time Ballot Received; Affidavit ~f Absentee Ballots Received by City ClerJ~L~ecei..p-t_ from Canvassing Doard. (a) All absentee ballots shall. in order that they IllBY be counted. be received by the Clerk from the absentee voter by 3:00 p.m. of the Hednesday following the election. Mniled absentee ballots must be postma.rked on or before the date of the election; other absentee ballots must be in the possession of the City Clerk by the time the polls close on election day. (b) The City Clerk shall complete and deliver two copies of an affidavit setting forth the absentee ballots received and delivered to the canvassing board and which shall also contain a. receipt therefor; as follows: AFFIDAVIT STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT ) - 14 - 1. . depose and say: that I am Clerk of the City of Seward. Alaska; and tha.t the below listed envelopes provided for absentee ballots are all of such envelopes received by me prior to 3:00 o'clock p.m. on the Wednesday following election day: (Name of Elector Shown on Return Address) City Clerk Subscribed and sworn to before me this day of . 19 . (Official's signature) (Title of officer) (SEAL) We and members of the canvassing board of the . 19 election. hereby acknowledge receipt of the above listed envel- opes for absentee ballots. Dated o'clock p.m.. this _____dnyat __._ _____ . 19_. (c) Prior to removing the absentee ballot from the identification envel- ope. the canvassing board shall compare the signature of the voter on the face of the identification envelope with the signature on the face of the registra- tion card of the absent voter. The canva.ssing board shall then record on the next available line for signature on the reverse of the registration card the following information: ''Voted Absentee. date and signature and title of canvassing board member." If such comparison causes the canvassing board to believe beyond any reasonable doubt that the two signatures were not written by the same person. said absent voter shall be challenged as provided elsewhere herein. Section 3.130 Supplies; Clerk to Furnish; Charges for Services. All supplies mentioned in this ordinance and necessary for the use of the voter in preparing and returning his ballot. or necessary for the use of the election judges or clerks in connection with their election duties. shall be prepared and furnished by the Clerk. No official of this City may make any charge for services rendered to any voter under the provisions of this ordinance. - 15 - r Section 3.131 Nominations; Petition, Form, FilinR: Sponsors: Acceptance; Withdrawal; New Petition. (a) Nominations for elective offices shall be by petition only. (b) To be eligible to file a nominating petition for election to a City office a person shall be an elector of the City and shall have been a resident 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 (1) year preceding the date of filing of such petition. Such petition shall be signed by at least twenty-five (25) electors. who shall be designated as sponsors. No elector shall sign more than one such petition (except as to councilmen. in which case as many petitions ma.y be signed as there are vacancies for the position of councilman). Bnd should an elector sign more thBn the permissible number of petitions, his signature shall be void as to any petition filed subsequent to the filing of petitions in such number bearing his signature. Hith each signature shall be stated the place of residence of the signer, giving the street Bnd number or lot and City block or other description sufficient to identify it. Nomina.ting petitions shall be signed and filed with the City Clerk not earlier than forty (40) days nor later than fifteen (15) days before the election. Otherwise, they shall be unacceptable. They shall be in substantially the following form: ''NOMINATING PETITION ''IJe, the undersigned electors of the City of Seward, Alaska. hereby nominate and sponsor (full name of nominee) . whose residence is (street or lot and block) for the office of (name of office) to be voted for at the election to be held on the day of . 19 ; and we individually certify that our names presently appear on the rolls of registered voters, that we are qualified to vote for a candidate for an elective municipal office. and that we have not signed any other nominating petition for the particular office this candidate seeks. except in ca.se of councilmen. where we understand we can sign as many petitions as there are va.cancies for the position of councilmen. Name Street & House Number or Lot & Block Address from which last Registered Date of Signing "ACCEPTANCE OF NOMINATION "I hereby accept the nomination for . "I hereby certify tha.t I possess the requirements for - 16 - ----- holding this office and agree to serve if elected. (signature of candidate) I~ate and hour of filing: '~his Petition is filed by whose address is "Received by , . City Clerk." (c) Any candidate may withdraw his nomination not later than the last day for filing nominating petitions by filing a written notice of withdrawal with the City Clerk. (d) Not later than the close of business on the following City working day after the filing of a nominating petition, the City Clerk shall notify the candidate and the person who filed the petition whether or not it is found to be signed by the required number of qualified electors. If insufficient, the City Clerk shall return it immediately to the person who filed it with a statement certifying wherein the petition is found insufficient. Within the regular time for filing petitions, a new or supplemental petition may be filed for the same candidate. The petition of each candidate nominated to elective office shall be preserved by the City Clerk until the expiration of the term of office for which he was nominated. Section 3.132 Canvass of Return; Postponement; Qp~ned in Public; SettliEELQf Tie Votei_ Declarntion of R~sults by Council. (n) On the first Wednesday nfter each election the Council shall meet and canvass all election returns. The canvass may be postponed for cause from day to day but not exceeding three postponements. (b) The canvass of all election returns shall be made in public by opening the returns and compiling the number of votes cast as certified by the election board for each candidate and for and against each proposition voted upon at such election, by counting absentee bn1lots, and by review of ballots marked "Objected to" or "Defective" in accordance with this ordinance, and by counting or failing to count the same as the canvassing board shall determine. 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 lot conducted by the City Council at the meeting held for the canvassing of the votes. If no contest be initiated under the provisions of the next following section, or if such contest be held and determined, the result of the election shall be publicly declared by the Council and entered upon the records of the minutes of such meeting. - 17 - (c) The records 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 upcn 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. Section 3.133 Contest; Notice; Time; InvestiRation; Recount~ Discover; ~enses. (a) Any person who believes that prohibited practices occurred at an election shall appear before the Council at the meeting held on the first Wednesday follOWing the election and deliver a written notice of contest signed under oath, wherein shall be stated the grounds of contest and citation of all alleged prohibited practices. "NOTICE OF ELECTION CONTEST '~he undersigned believes that the following prohibited practices occurred or material error was made in the election held on_____ . '~he undersigned states that the following persons violated in the following manner: or '~he undersigned believes the following material error was made: (person contesting) "Subscribed and sworn to before me tbis . 19_. doy of "Notary Public for Alaska." (b) Upon receiving such notice of contest, the Council may inve8tfgAtp.. may order an investigation to be made by tbe City Clerk, City Msnager and/or City Attorney. or may determine that no investigation is necessary. The contestant. the person or persons whose election is contested and the public shall be allowed to attend all investigation proceedings which shall be conducted publicly. (c) If the contestant demand only a recount of the ballots cast at such election. the investigation. to be conducted in accordance with the foregoing paragraph. shall be limited in its scope to a recount of the ballots cast 1n the precinct or precincts where the error was allegedly made. The contestant shall pay all costs and expenses incurred in any recount. - 18 - If the contestant's charges ere sustained. no charge shall be made to him for the recount and any charges he paid for that purpose shall be returned. Any person or persons demanding a recount of ballots as provided herein shall post a cnsh bond in the amount of One Hundred Dollars ($100.00) guaranteeing pay- ment of the cost of recount as surety for such costs. If the final re-count shows an error creating an erroneous result, this bond shall be refunded in full. (d) If the contestant shall allege prohibited practices. the Council shall direct the City Clerk to open the boxes containing the duplicate registration cards for the purpose of discovering the alleged prohibited practices. (e) In the event of investigation proceedings conducted pursuant to this section, the Council shall determine the contest upon which such investigation is held. Section 3.134 Certificate of Election; Si~nators; Delivery. The City Council shall authori~e the City Clerk to make out and deliver to every person elected. a certificate of election signed by the Clerk and Mayor and authenticated by the corporate seal of the City. Section 3.135 Oath of Office. All officers elected before entering upon the duties of office 5hal1 take and subscribe the following oath and affirmation: "I. . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Alaska. and the laws and ordinances of the City of Seward. Alaska, that I will faithfully and honestly perform the duties of the office of SO HELP ME GOD." . Section 3.136 Prohibited Election Pra_~tJ<e~s__-: J~~f~;-_~Il~~__to _S_~te_Law. The provisions of Article XI. of Chapter 83 of the Session Laws of Alaska. 1960. are hereby made unlawful acts within the scope of this Ord1r.aa:e. The listing of prohibited practices elsewhere in this ordinance shall be deemed supplementary to the State law and the actions hereafter made unlawful shall be deemed unlawful even though not specifically mentioned in such State law. Publication of this Ordinance shall be by posting 0 copy hereof on the City Hall bulletin board for a period of ten (10) days following its passage and approval. 1st reading: January 19. 1962. 2nd reading: August 2. 1962. - 19 - [" PASSED AND APPROVED by the City Council of the City of Seward, A1askll, this 6th day of August, 1962. aff~ Q ~~~L P rry R. Stockton Mayor Attest: I~"(-o /,' I Beatrice E. Watts City C1erk-Trellsurer " L ( ......c (r . _ L __ Approved as to form: City Attorney - 20 -