HomeMy WebLinkAboutORD2022-017 Title 4 Elections Sponsored by: City Clerk
Introduction: December 12, 2022
Public Hearing: January 9, 2023
Enactment: January 9, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AMENDING SEWARD CITY CODE TITLE 4 -ELECTIONS
WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to
review,update, and recodify Seward City Code; and
WHEREAS, there are 16 Titles contained in Seward City Code; and
WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and
reasonable to provide the changes in smaller, more manageable portions for consideration; and
WHEREAS, to that end, this ordinance is focused specifically on Title 4— Elections and
reflects input from the city clerk and city attorney.
NOW,THEREFORE,THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 4 - Elections is hereby amended as follows:
(Deletions=Bold Stri oughs; Additions= Bold Italics Underlined.)
TITLE 4 ELECTIONS
Chapter 4.01. General Provisions
4.01.010. Defmitions.
In this title, unless the context requires otherwise:
Ballot. Means any document provided by the clerk on which votes may be cast for
candidates,propositions, or questions.
Clerk. Means the city clerk or any properly authorized assistant,deputy or designee;provided,
the term "clerk"means borough clerk only when the word "clerk"is immediately preceded by
the word "borough."
Days. Includes weekends and holidays.
Election. Includes any regular or special election of the City of Seward.
Election officials. Means the city clerk or his designee, election judges, election clerks and
canvassing boards.
Family member. Includes a mother, mother-in-law, stepmother, father, father-in-law,
stepfather, sister, sister-in-law, stepsister, brother, brother-in-law, stepbrother, spouse, child,
stepchild or a person sharing the same living quarters.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-017
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Oath. Means any form of attestation by which a person signifies the person is bound in
conscience to perform and act faithfully and truthfully; includes affirmation.
Precinct. Means the territory within which the
resident voters may cast ballots at one polling place.
Precinct register. Means a list of persons eligible to vote in each precinct for each election
pursuant to the official state registration list described in AS 15.07.125.
Proposition. 'on.Means an initiative, referendum, recall, or other question
submitted to the public at an election.
Publication. Means advertising in a newspaper of general circulation or posting in public
places.
Qualified voter. Is any person who is qualified to vote in city elections under Section 4.01.055.
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Questioned voter. Means any person whose name does not appear on the register in the
precinct where the voter attempts to vote, a voter who does not bear identification or is not
personally known to an election official though his/her name appears on the precinct register,
or a voter who is questioned for good cause at the polls in writing.
Registration or Registered. Refers to the form of registration required by Alaska Statute
15.07. For city elections, a person is registered if registered to vote in state elections in the
precinct in which that person seeks to vote 30 days prior to the city election.
Regular ballot. Means a ballot voted at the polls which is not a questioned, special needs,
or absentee ballot.
Regular election. Means a general election held pursuant to § 10.1 of the charter to fill city
offices .
Special election. Means any election held at a time other than when a regular election is held.
Swear. Includes affirm.
Voter. Means any person who presents himself for the purpose of registering to vote, voting,
either in person or by absentee ballot.
4.01.015. Incorporation of state election statutes state and federal laws.
The provisions a -Alaska-Statutes tle---15 a-.III .-zitl , hapto -r� ting to the
.,ted int„ this title ., if f lly set out herein,
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CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
All provisions of the United States Constitution,the Alaska State Constitution,and the laws
enacted pursuant to these constitutions governing city elections are incorporated in this chapter
as if fully set out in this chapter.
4.01.025. Nonpartisan requirement.
All city elections are nonpartisan.
4.01.026 Sale of liquor on election day.
The provisions of Alaska Statutes 04.16.070 that prohibit the sale, barter,giving, consumption
or disposal of alcoholic beverages within licensed premises on a state or municipal election
day until the polls have closed do not apply within the city.
4.01.030.Date of annual regular election.
The regular city election shall be held annually on the first Tuesday in October (see also
Charter§ 10.1).
4.01.035. Special elections.
The council by resolution may call a special election at any time upon at least 30 (60) days'
notice.
4.01.036 Time of election.
A. On the day of any election, the polls in each voting precinct shall be open for voting at 7:00
a.m. and shall close at 8:00 p.m.
4.01.037 Notice of voter registration.
The city clerk shall post on the city's website and publish at least twice in one or more
newspapers of general circulation in the city a notice of voter registration. The posting and first
publication shall occur not less than 60 calendar days before the regular election. The notice
shall include the qualifications required of voters, the deadline for registering to vote in the
election, and places where voters may register.
4.01.038 Notice of vacancy.
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.
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ORDINANCE 2022-017
4.01.040.Notice of elections.
Each notice of election shall include:
(1) The type of election, whether regular or special;
(2) The date of the election;
(3) The hours the polls will be open;
(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.
4.01.045. Publication of notice of elections.
The clerk shall publish a notice of each regular and special election at least twice in one or
more newspapers of general circulation in the city, the first such publication to be accomplished
at least twenty(20) days prior to a regular election, and at least thirty(30) days prior to a special
election. The notice shall also be posted on the city's website and at two in four public places
within the city.
4.01.046 Notice of Bonded Indebtedness.
The city clerk shall post on the city's website and publish at least once a week for three
consecutive weeks a notice of bonded indebtedness before a general obligation bond election.
The first notice shall be published at least 20 days before the date of the election. The notice
must include:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds of the city; and
2. The cost of debt service on the current indebtedness; and
3. The total assessed value of property in the city.
4.01.050. Expenses.
(a) The city shall pay all necessary expenses 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 axis on 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.
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ORDINANCE 2022-017
4.01.055. Qualification of voters.
(a) In ordance with AS ,5.05.010 and S 2n.26 050, .,Akerson is qualified to vote in city
elections who:
(1) Is qualified to vote in state elections under AS 15.05.010;
(2) Has been a resident of the city for 30 days immediately preceding the election;
(3) Is registered to vote in state elections at a residence address within the city at least 30
days before the municipal election at which the person seeks to vote; and
(4) Is not disqualified under Article V of the state constitution.
(b) State voter registration is prima facie evidence of a voter's qualification, but every election
official shall question, and every 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.
4.01.056 Rules for determining residence of voter.
A voter's residence shall be determined under the rules in AS 15.05.020.
4.01.060. 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 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 year immediately preceding the date of filing such a declaration. A
candidate shall provide proof of qualifications for office as required by the city clerk.
4.01.065. Declaration of candidacy.
(a) ,
(b) Filing for elective offices of mayor or council shall be made by filing a declaration of
candidacy with the city clerk from August 1, 8:00 a.m. through August 15, 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 o€
City of Seward Public Official Financial Disclosure Statement with the
city clerk ' at the time of filing a declaration
of candidacy.
date of f l ing f r o ice. The name of the candidate shall be placed on the ballot by the city
clerk only after the candidate has complied with these requirements.
CITY OF SEWARD, ALASKA
ORDINANCE 2022-017
(d)--Deel-afation of eand-idacy ferror-sh-all--be--pr ed by the clerl na chars
(d) Campaign reporting All candidates for elective city office shall comply with the Alaska
Public Offices Commission campaign reporting requirements in Alaska Statutes 15.13.
(e)A person shall not be a candidate for more than one elected city office at a time.
4.01.066 Declaration of candidacy procedure.
A. Packets containing declarations of candidacy shall be available from the clerk no later than
the day the filing period opens. The packets shall remain available throughout the filing period.
A. A candidate for council or mayor shall file a declaration of candidacy under oath on a form
provided by the city clerk, accompanied by the public financial disclosure statement. The
declaration of candidacy form must be submitted as an original and shall not be submitted
by facsimile or electronically.
B. A declaration of candidacy shall include:
1. The full name of the candidate and the manner in which he/she wishes his/her name
to appear on the ballot; and
2. The full residence and mailing address of the candidate; and
3. The day and evening telephone numbers and other contact information of the candidate;
and
3. The office for which the candidate declares and the date of the election at which the
candidate seeks election; and
4. A statement that the candidate is qualified for the office as provided by law and will
serve if elected; and
5. A statement that the candidate is qualified for the office as provided by law;
5. The date and notarized signature of the candidate; and
6. Certification that the information contained in the declaration of candidacy is true
and accurate; and
7. Any other information that the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
C. Within four days after the filing of a declaration of candidacy, the clerk shall notify the
candidate named in the declaration of candidacy whether or not it is in proper form. If not,
the clerk shall immediately return it to the candidate with a statement certifying wherein
the declaration of candidacy is deficient. A new declaration of candidacy for the same
candidate may be filed within the time for filing declarations of candidacy.
4.01.067 Determination of eligibility of candidate.
A. The clerk shall determine whether each candidate for municipal office is qualified as
provided by Section 4.01.060. At any time before the election the clerk may disqualify any
candidate whom the clerk finds is not qualified.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
B. Any person registered to vote in the city may question the eligibility of a candidate who has
filed a declaration of candidacy by filing a complaint in writing with the clerk no later than
August 22 at 5:00 p.m.
C. The complaint must be in writing and include the name, mailing address, contact phone
number,signature of the person making the complaint, and a statement describing the grounds
on which the candidate's eligibility is being questioned.
D. The clerk will review only the grounds identified in the complaint related to candidate
qualifications.
E. Upon receipt of a complaint, or if the clerk questions the eligibility of the candidate, the
clerk will send notification in writing to the candidate.
F. The clerk shall review any evidence relevant to whether the candidate meets the
requirements of Section 4.01.060, including, but not limited to, the candidate's residency, voter
registration, declaration of candidacy, and any other document of public record. Based on the
review of the documents,the clerk will determine whether a preponderance of evidence supports
or does not support the eligibility of the candidate.
G. If the clerk determines the preponderance of evidence supports the eligibility of the
candidate, the clerk will issue a final determination supporting the candidate's eligibility.
H. If the clerk determines the preponderance of evidence does not support the candidate's
eligibility, notice to the candidate will identify any additional information or evidence that must
be provided by the candidate. The clerk must receive the requested information no later than
three calendar days from the date of notice. The clerk will consider any additional information
provided and issue a final determination as to the candidate's eligibility no later than three
calendar days from receipt of the additional information.
I. If the information requested by the clerk in subsection (H) of this section is not received by
the specified deadline, the clerk will issue a final determination regarding the candidate's
eligibility based on the information initially reviewed.
J. The clerk will send notice of final determination in writing to the person making the
complaint, if applicable, and to the candidate. The determination of the clerk is subject to
judicial pursuant to the rules of procedure governing appeals to the Superior Court.
4.01.068 Write-in candidates.
A. Votes for a write-in candidate for elective city office will not be counted unless the
candidate has filed a Letter of Intent with the clerk stating:
1. The full name of the candidate;and
2. The full residence and mailing address of the candidate; and
3. The day and evening telephone number of the candidate; and
4. The office and seat, if applicable, to which the candidate seeks election;and
5. The name of the candidate as the candidate wishes it to be written in on the ballot by
the voter;and
6. The date of the election at which the candidate seeks election; and
7. A certification by the candidate that the candidate:
a. Is a qualified voter; and
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
b. Is a resident of the city; and
c. Qualifies for the office to which the candidate seeks election at the time the letter
of intent is submitted to the clerk; and
d. Shall serve if elected; and
e. Is not a candidate for any other office to be voted on at the election;
8. A statement with full signature of the candidate that the information in the Letter of
Intent is true and accurate.
B. A Letter of Intent must be filed with the city clerk not earlier than the first business day
following the last day of the filing period, and not later than 5:00 p.m. on the Friday before
the Tuesday election.At the time of filing a Letter of Intent, write in candidates must submit
a City of Seward Public Official Financial Disclosure Statement.
C. Write in candidates must also file electronically with the Alaska Public Offices Commission
(APOC) in accordance with Alaska Statute 15.13. The city clerk must verify with APOC
that the candidate has successfully completed this filing by 5:00 p.m. on the day before the
Tuesday election. Becoming a declared write in candidate does not mean the candidate's
name will appear on the ballot.
4.01.070. 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.
4.01.071 Prohibitions.
A. No elected official of the city may hold any other compensated city office or city
employment or elected position in the local,borough,state or federal government while in office.
Chapter 4.05. Procedures for Conduct of Elections
4.05.010.E-lark City clerk to administer city elections.
The city clerk, in accordance with the provisions of this title, shall administer all city
elections.
4.05.015. Election officials.
A. City Election Board. 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,
unless no qualified voter is willing to serve, 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
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
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.
B. There shall be no inquiry into an election official's political party as a prerequisite to
service. Unless excused by the city clerk, all election officials shall attend training sessions
offered by the city clerk or borough clerk.
C. Candidates and candidate family members shall not serve as election officials. If the city
clerk determines that a person is disqualified under this subsection, the clerk shall notify
the person of the disqualification and replace the person by appointing another who is
eligible to serve.
4.05.020. Ballot propositions and questions.
(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 propositions 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.
(c)A resolution is required to place a proposition on the ballot for the voters and must be enacted
at least 53 days or more before a regular election, and at least 60 days or more before a
special election.
(d) The city may prepare and distribute materials to advocate a yes or no vote on a proposition
or question provided the city council enacts a resolution to appropriate funds to influence
the outcome of an election in accordance with AS 15.13.145 and the expenditures are
reported to the Alaska Public Offices Commission.
4.05.025. 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
CITY OF SEWARD, ALASKA
ORDINANCE 2022-017
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, but may include in the candidate's name, 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 the same order
in each section on each ballot used in that election. However, the order of placement of the
names of the candidates on the ballot for each office shall be randomly determined by the
clerk.
(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."
4.05.030. Punch of ig--autI ed.
for o estions o offices on the ballot
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f
a.• board shall be filled by the election
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
4.05.050. Ballots—distribution.
(a) The clerk shall have the ballots in his possession at least 15 days before each regular election
and ten 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 immediately. Sufficient ballots for the registered voters of each precinct
shall be delivered to the election board for that precinct.
(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.
(c). No ballots shall be taken from the precinct before the polls close at 8:00 p.m. on Election
Day, unless the clerk, for good cause, directs that the ballots be removed.A record shall be
kept by the election officials of the ballots removed from a precinct.
4.05.051 Ballot shortage.
A. Under no circumstance shall a precinct close due to ballot shortage. The election board
chairperson for the precinct shall monitor the ballot supply at the precinct throughout
election day and apprise the city clerk of any projected shortage in the number of available
ballots.
B. Upon being informed by an election official that there is a projected shortage of ballots at
a precinct, the city clerk shall promptly supply the precinct with additional printed ballots.
If sufficient additional printed ballots are not available, the clerk shall supply the precinct
with copies of the original ballot marked "Alternate Ballot"and those ballots shall be hand
tabulated by the canvass board or a counting team.
1. Voters whose names appear on the precinct register shall sign the precinct register and
be given an alternate ballot. The election official shall mark the precinct register in a
manner designated by the clerk to show that the voter received an alternate ballot. The voter
shall vote the alternate ballot and shall place the ballot in the ballot box provided by the
clerk.
2. If a voter is not on the precinct register or the voter's qualification to vote is questioned,
the voter shall vote a questioned alternate ballot. The election official shall mark the
questioned voter register in a manner designated by the clerk, to show the voter received an
alternate ballot. The voter shall be given an alternate ballot and shall vote the ballot.
3. A personal representative requesting a special needs ballot shall be given an alternate
ballot and shall complete the process for special needs voting with the voter.
C. The election board shall account for all alternate ballots by completing a ballot report in the
manner prescribed by the clerk, containing the total number of alternate ballots voted,total
number of unused alternate ballots, alternate spoiled ballots, alternate questioned, and
alternate special needs ballots.
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ORDINANCE 2022-017
4.05.052 Reporting voting information to the state.
Within 60 days after each election held in the city, the clerk shall send to the State of
Alaska Division of Elections the official precinct register, questioned voter register, absentee in
person voter register and special needs voting register containing the names, residence address,
and the voter identification of all persons who voted in that election.
4.05.055. Precincts and polling places.
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.The clerk shall secure a polling
place for each precinct.
4.05.060. 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's election,including those materials required by this
chapter.
(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 prominently 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.
(c) The clerk may arrange with the bororrah clerk or the State of Alaska for the use of voting
equipment and supplies.
4.05.065. Opening and closing of polling place.
(a) On the day of the election, each election board shall open the polls for voting at 7:00 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 6:30 a.m.
so that voting will start promptly at 7:00 a.m. The chairperson 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.
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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 the purpose 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.
(e) When the polls are closed and the last vote has been cast, the election board shall account
all ballots by completing a ballot statement containing, in a manner prescribed by the
clerk, the number of official ballots supplied.
(f) The election board shall count the number of questioned ballots and shall compare that
number to the number of questioned voters in the register. Discrepancies shall be noted on
the ballot statement.
4.05.066 Prohibitions during election.
A. During the hours that the polls are open,no election official may discuss any political party,
candidate or issue while on duty.
B. During the hours the polls are open, no person who is in the polling place or within 200
feet of any entrance to the polling place may attempt to persuade a person to vote for or
against a candidate, proposition or question. Nor may any person conduct other political
activities that may pertain to any future election or potential ballot proposition. For the
purposes of this section, the entrance to a polling place is the entrance to the building
containing the polling place. The election board shall post warning notices in the form and
manner prescribed by the clerk.
C. No voter may exhibit a ballot to an election official or any other person so as to enable any
person to ascertain how the voter marked the ballot.
D. While the polls are open no election official may open any ballot received from a voter,
mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt
to learn how a voter marked a ballot, or allow the same to be done by another person.
E. No person may leave the polling place with the official ballot, except in accordance with
4.10.025.
4.05.067 Poll watchers.
A. Each candidate, or organized group that sponsors or opposes an issue, may designate one
person at a time to be a poll watcher in each precinct.
B. A person wishing to serve as a poll watcher shall request authorization from the clerk. The
authorization must include:
1. The name of the person to act as a poll watcher;
2. The name of the candidate,group, or organization the poll watcher is representing;
3. The date of the election;and
4. The precinct the poll watcher wishes to observe.
C. The poll watcher must present authorization as defined in subsection (B) of this section to
the election official upon request. The poll watcher will be provided an area to view all actions
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ORDINANCE 2022-017
of the election board. Without the proper authorization, the election official is empowered to ask
a poll watcher to leave the polling place.
D. Persons observing may:
1. Observe the conduct of the election;and
2. Check the polling booths after each voter to make sure campaign materials have not
been left in the booth.
E. Persons observing may not:
1. Have any duties in the conduct of the election;
2. Be allowed to touch any of the election materials; or
3. Interfere or disturb the orderly conduct of the election.
4.05.070.Voting procedure at the polls.
The city clerk shall order from the State of Alaska Division of Elections an official voter register
showing all persons registered to vote in state elections at a residence address within the city at
least 30 days before the date of the election:
(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 § 4.05.110.(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. ,
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ballot box.Immediately after the voter has marked the ballot, either the voter shall conceal
the manner in which it is marked and deposit the ballot in the ballot box in the presence of
an election official, or if the voter so requests the election official shall deposit the ballot in
the ballot box in the presence of the voter.
(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 recorded 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.
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ORDINANCE 2022-017
4.05.071 Voter identification.
A. Before being allowed to vote, each voter shall exhibit to an election official one form of
identification, including but not limited to an official voter registration card, driver's
license,passport, hunting or fishing license; or
An original or a copy of a current utility bill,bank statement,paycheck,government check,
or other government document. An item exhibited under this paragraph must show the
name and current address of the voter.
B. An election official may waive the identification requirement if the election official knows
the identity and physical residence of the voter.
C. A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a
question ballot.
4.05.072 Assistance to voters.
Non-English speaking voters, and voters who are blind, physically impaired, or otherwise
incapable of marking a ballot, may bring a person, or if necessary two persons, of their choice
with them to the poll, or before an election official, to assist the voters in casting their ballots.
No person assisting the voter may be a candidate for office in that election,an immediate family
member of a candidate for office in that election, the voter's employer, an agent of the voter's
employer, or an officer or agent of the voter's union. If an election official is requested, the
election official shall assist the voter. If a person other than an election official is to provide
assistance, the person must take an oath before an election official not to divulge how the voter
cast the ballot.
4.05.075. Spoiled ballots.
The election supervisor shall specify uniform procedures for replacement, registration and
disposition of spoiled ballots.
eleetion4udgesT If a voter mutilates, improperly marks, spoils or otherwise damages the voter's
ballot,the voter may request an election official provide another ballot upon the voter returning
the damaged ballot to the election official. Without examining the spoiled ballot, the election
official shall tear the ballot in half and place half in an envelope provided by the clerk for a
portion of each spoiled ballot and discard the remaining half, recording the spoiled ballot as
provided by the clerk.
4.05.080. 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 recorded and preserved for 60 days unless the
election is contested.
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ORDINANCE 2022-017
4.05.085. Commencement of ballot count.
(a) For counting paper ballots , when
the polls are closed and the last vote has been cast, the election board and 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. The clerk
may authorize the appointment of counters to assist in the counting of ballots.
(b) , In optical scan or other computer-read or
electronic ballot precincts, when the polls have closed and the last vote has been cast, the
election board shall immediately proceed to transmit election results following the written
instructions provided to each precinct. Once the election results have been transmitted, the
election board shall open the ballot box and separate the questioned ballots from the other
ballots and place all unprocessible ballots in an envelope 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 to the city clerk . The clerk shall provide for reasonable
security for the voted ballots up to and including the time they are counted. The election board
shall then proceed with the ballot accountability and poll closing procedures. The ballot
accountability report containing: (1)the number of official ballots received; (2)the number
of official ballots voted; (3) the number of official ballots spoiled; and, (4) the number of
official ballots unused and returned for destruction to the clerk.
c. The election board shall compare the number of regular ballots cast to the precinct register
and the number of questioned ballots cast to the questioned voter register. Discrepancies
shall be noted and included in the ballot accountability report.
d. All voting supplies, materials, and completed forms shall be returned to the clerk.
4.05.090. 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 votes. 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.
4.05.095. 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
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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 safe-keeping 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
4.05.100. Rules for counting hand-marked ballots.
(a) The election board shall count hand-marked 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 the 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 basis 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 subsection(1) of this section. Stickers may not be used on puneheard
ballots. Use of stickers on punehear-d ballots can cause that portion of the ballot to be
invalidated.
(b) The rules set out in this section are mandatory and there shall be no exceptions to them. A
ballot may not be counted unless marked in compliance with these rules.
(c) The rules set out in this section apply to hand-marked puneheard ballots if puneheard
machines are not available in a precinct.
(d) Write-in votes shall only be tabulated by person if: 1) the total number of write-in votes for
an office exceeds the smallest number of votes cast for a candidate for that office whose
CITY OF SEWARD,ALASKA
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name is printed on the ballot, and 2) the write-in candidate properly filed a declaration of
candidacy with the city clerk prior to the election.
4.05.105. 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 council or the court orders a recount, for one year.
(b) The clerk shall issue instructions and shall provide forms and supplies for the tally of votes
cast so as to assure accuracy and to expedite the process.
(c) As soon as all the votes are read and counted, a tally certificate 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.
4.05.106 Counting—Automated ballot tabulation.
The city clerk shall designate the ballot tabulation system to be used in the counting of the ballots
or use the same system designated by the borough clerk. The clerk may negotiate and contract
with the state, another municipality or a private company for the ballot tabulation services or
use the contractor used by the borough clerk.
4.05.110. 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)of this section.
(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 attesting to the fact that in each particular the person meets
all the qualifications 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
CITY OF SEWARD,ALASKA
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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 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 applicability of questioned
ballots in accordance with § 4.05.115 of this code.
4.05.115. Canvass 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.
(b) Canvass of returns, generally.
(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.
(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 handling 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.
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(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 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 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.
4.05.120. 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 city clerk shall notify the candidates who are tied and the tie
shall be broken by a single coin toss in a meeting of the city council and under its direction. If
no contest is initiated under the provisions of section 4.05.135 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.
4.05.125. Certification of the election.
(a) Not later than one week following the canvass of the election, the city council shall meet in
public session to certify the election or order a recount or investigation of the election. The
certificate will consist of entering the results of the canvass upon the minutes of the meeting
together with the total number of votes cast for each candidate and for or against each
proposition or question.
(b) Upon certification of a valid election,the city council shall 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.
4.05.130. Election recounts.
(a) A defeated candidate or ten qualified voters who believe there has been a mistake made by
an election 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,proposition or question for which the recount is to be held,and that the person making
the application is a candidate or that ten persons making the application are qualified voters.
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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 qualified voters to, as soon as possible,conduct the recount of
ballots of those precincts cited in the application for recount.The rule governing the counting
of marked ballots by the election board shall be followed (see section 4.05.100 A.). Those
requesting the recount, those whose election is recounted and the public shall be allowed to
attend the recount proceeding.
(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$500.00 guaranteeing payment of the cost of recount as surety for such costs. If
the final recount shows an error creating an erroneous 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.
4.05.135. 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 following grounds:
(1) Malconduct, fraud, or corruption of an official sufficient to change the result of the
election;
(2) Disqualification of the person under provisions of law or ordinance; or
(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 investigating action
as it deems appropriate. If the contest involves voter eligibility,the clerk and the city attorney
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shall be ordered to investigate the allegations and report their findings 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 exclusion 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 individually 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$1,000.00
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 elections. The judge shall
render a decision as required by AS 15.20.560 for state elections. If no such action is
commenced within a ten day period,the election and the election results shall be conclusive,
final and valid in all respects.
4.05.140. Preservation of election ballots,papers and materials.
The clerk shall preserve all precinct certificate 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 destruction is stayed by an order of the court. Canvass
board certificates of election returns are to be preserved as permanent records.
4.05.145.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 title. The listing of prohibited practices
elsewhere in this title shall be deemed supplementary to the state law and the actions hereafter
made unlawful even though not specifically mentioned in state law.
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4.05.150. Other ballot counting systems authorized.
Nothing in this title prohibits the use of other ballot counting systems which have been
approved for use in State of Alaska or Kenai Peninsula Borough elections.The election supervisor,
subject to any further approval as may be required by law,may prescribe rules for the use of these
systems or may adopt such rules,regulations and procedures as have been adopted by the state for
use in state elections, or by the Kenai Peninsula Borough for use in borough elections.
Chapter 4.10. Absentee Voting
4.10.010. Eligibility.
Any qualified voter may vote an absentee ballot for the precinct in which he resides and is
registered.
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4.10.011 Administration of absentee voting
The city clerk shall provide general administrative supervision over the conduct of absentee
voting. The city clerk shall make available instructions to absentee voters regarding the
procedure for absentee voting.
4.10.015. 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.
4.10.020.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 from 15 calendar days before a regular or special election
through the day before the election.
(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
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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 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.
fd) Before the opening of the polls on election day, or as soon as is practicable thereafter, the
clerk shall give to the election board at each precinct a list of the voters who have voted an
absentee in person ballot. A voter on the list may not vote a regular ballot at a precinct on
election day, but may vote a questioned ballot.
4.10.025. .Special needs voting.
(a) A qualified voter who is physically disabled
may be assisted by a personal representative in voting an absentee
ballot as set out in this section.
(b) Upon receipt of a written application by personal representative, the election official
authorized to issue the absentee ballot shall provide the ballot and other absentee voting
material to the personal representative.
(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 signature.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
not later than 8:00 p.m. on election day.
An election ballot that is not returned to the clerk
by 8:00 p.m. on election day 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, the voter's employer, agent of the employer or officer
or agent of the voter's union may not act as a personal representative. 111
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(f) If a voter's disability precludes the voter from performing any of the requirements of
subsection (C) of this section, the representative may perform those requirements, except
making the voting decision and signing the certificate on the ballot envelope, on the voter's
behalf
4.10.030. Absentee voting by mail.
(a) A qualified voter may apply by-mail to the city clerk for an absentee ballot by mail. The
application must include the address to which the absentee ballot is to be returned, the
applicant's full Alaska residence address and the applicant's signature. A voter may request
that his name be placed on permanent absentee by mail status. A voter whose name has been
placed on permanent absentee by mail status will be mailed a new absentee ballot application
at the beginning of each calendar year.
(b) An application for an absentee ballot by mail must be postmarked not earlier than the first
day of the year in which the election is to be held nor later than seven days before the election
for which the absentee ballot is sought.
(c) Upon receipt of an application for absentee ballot by mail,the city clerk will send the absentee
ballot and other absentee voting material to the applicant by first class mail. The materials
will be sent as soon as they are ready for distribution. The return envelope sent with the
materials will be addressed to the city clerk.
(d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public,
commissioned officer of the armed forces including the National Guard, district judge or
magistrate, United States postal official, or other person qualified to administer oaths, may
proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the
small envelope in the larger envelope in the presence of an official and will date his signature.
If none of the officials listed in this subsection are reasonably accessible, an absentee voter
may have the ballot witnessed by a person over the age of eighteen.
(e) An absentee ballot must be marked and attested on or before the date of election. If the voter
returns the ballot by mail,the voter must use first class mail service at least and mail the ballot
not later than the date of the election to the city clerk. If the ballot is postmarked, it must be
postmarked on or before election day.
(f) To be counted in the election, an absentee ballot must be postmarked by midnight of election
day and received by the city clerk before the date and hour of the canvass. Ballot envelopes
received after that time will not be opened, but will be marked "invalid" with the date and
hour of receipt noted thereon and will be preserved for one year with other ballots of the
election.
(g) The city clerk may require a voter casting an absentee ballot by mail to provide proof of
identification or other information to aid in the establishment of his identity.
(h) The city clerk will maintain a record of the name of each voter to whom an absentee ballot is
sent by mail. The record must list the date on which the ballot was mailed to the voter, the
date on which the ballot was received by the city clerk, and the date on which the ballot was
executed and postmarked.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
fi) Before the opening of the polls on election day, or as soon as is practicable thereafter, the
clerk shall give to the election board in each precinct a list of voters who have voted an
absentee by mail ballot. A voter on the list may not vote a regular ballot at a precinct on
election day, but may vote a questioned ballot. A voter who was issued but has not voted an
absentee by mail ballot may not vote a regular ballot at a precinct on election day unless
the voter first surrenders the absentee by mail ballot to the election board. If the voter does
not have the absentee by mail ballot to surrender, the voter may vote a questioned ballot.
Absentee by mail ballots surrendered to the election board shall be returned to the clerk.
4.10.033.Voting by electronic transmission.
(a) The city clerk may establish regulations applicable to the delivery of absentee ballots by
electronic transmission and to the use of electronic transmission absentee voting in a city
election by qualified voters of the city. The regulations must:
(1) Require the voter to comply with the same time deadlines as set forth in state statutes for
voting by electronic transmission; and
(2) Ensure the accuracy and,to the greatest degree possible,the integrity and secrecy of the
ballot process.
(b) An absentee ballot that is completed and returned by the voter by electronic transmission
must:
(1) Contain the following statement: "I understand that by using electronic transmission to
return my marked ballot I am voluntarily waiving a portion of my right to a secret ballot
to the extent necessary to process my ballot but expect that my vote will be held as
confidential as possible.", followed by the voter's signature and date of signature;
(2) Be received by the city clerk no later than the closing hour of the polls; and
(3) Be accompanied by a statement executed under oath as to the voter's identity. The
statement under oath must be witnessed by:
a. A commissioned or noncommissioned officer of the armed forces of the United
States;
b. An official authorized by federal law or the law of the state in which the absentee
ballot is cast to administer an oath; or
c. Two United States citizens who are eighteen years of age or older.
(c) The city clerk will maintain a record of the name of each voter to whom an absentee ballot is
sent under this section. The record must list the date on which the ballot is provided by
electronic transmission,the date on which the ballot is received by the city clerk,and the date
on which the ballot was executed and postmarked.
4.10.035. Fee prohibited.
No person may receive a fee from the voter for attesting to any voter's certificate required in
voting absentee.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
4.10.040.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.
Chapter 4.15. Initiative and Referendum
4.15.010.Reservation of powers.
(a) In accordance with the city charter, the powers of initiative and referendum are reserved to
the qualified voters of the City of Seward. The voters of the city, by initiative, may propose
and enact any ordinance which the city council has power to enact under the charter except
as otherwise provided in this section. The voters of the city, by referendum, may approve or
reject any ordinance passed by the city council except as otherwise provided in this section.
(b) Ordinances dedicating revenues; ordinances making, repealing, transferring, or otherwise
changing appropriations; ordinances fixing mill levies; ordinances authorizing the issuance
of bonds; and special ordinances shall not be subject to either initiative or referendum.
Ordinances creating courts, defining the jurisdiction of courts or prescribing their rules shall
not be subject to initiative. Ordinances necessary for the immediate preservation of the public
111 peace,health or safety(emergency ordinances) shall not be subject to referendum.
4.15.015. Application for petition.
(a) An initiative or referendum is proposed by filing an application with the city clerk containing
the ordinance or resolution to be initiated or the ordinance or resolution to be referred and the
name and address of a contact person and an alternate to whom all correspondence relating
to the petitions may be sent. An application shall be signed by at least ten voters who will
sponsor the petition. An additional sponsor may be added at any time before the petition is
filed by submitting the name of the sponsor to the clerk. Within two weeks, the clerk shall
certify the application if the clerk finds that it is in proper form and, for an initiative petition,
that the matter:
(1) Is not restricted by § 4.15.010(b)of this code;
(2) Includes only a single subject;
(3) Relates to a legislative rather than to an administrative matter; and
(4) Would be enforceable as a matter of law.
(b) A decision by the clerk on an application for petition is subject to judicial review.
4.15.020. Contents of petition.
(a) Within two weeks after certification of an application for an initiative or referendum petition,
a petition shall be prepared by the city clerk. Each copy of the petition shall contain:
(1) A summary of the ordinance or resolution to be initiated or the ordinance or resolution
to be referred;
(2) The complete ordinance or resolution sought to be initiated or referred as submitted by
the sponsors;
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
(3) The date on which the petition is issued by the clerk;
(4) Notice that signatures must be secured within 90 days after the date the petition is issued;
(5) Spaces for each signature, the printed name of each signer, the date each signature is
affixed, and the residence and mailing addresses of each signer;
(6) A statement, with space for the sponsor's sworn signature and date of signing, that the
sponsor personally circulated the petition,that all signatures were affixed in the presence
of the sponsor, and that the sponsor believes the signatures to be those of the persons
whose names they purport to be; and
(7) Space for indicating the total number of signatures on the petition.
(b) If a petition consists of more than one page, each page shall contain the summary of the
ordinance or resolution to be initiated or the ordinance or resolution to be referred.
(c) The clerk shall notify the contact person in writing when the petition is available. The contact
person is responsible for notifying sponsors. Copies of the petitions shall be provided by the
clerk to each sponsor who appears in the clerk's office and requests a petition, and the clerk
shall mail the petition to each sponsor who requests that the petition be mailed.
4.15.025. Signature requirements.
(a) The signatures on an initiative or referendum petition shall be secured within ninety days after
the clerk issues the petition. The statement provided under § 4.15.020(a)(6) shall be signed
and dated by the sponsor. Signatures shall be in ink or indelible pencil.
(b) The clerk shall determine the number of signatures required on a petition and inform the
contact person in writing. Except as provided in(e) of this section, a petition shall be signed
by a number of voters equal to 25 percent of the number of votes cast at the last regular
election held before the date written notice is given to the contact person that the petition is
available.
(c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed
name. Signatures not accompanied by a legible residence address shall be rejected.
(d) A petition signer may withdraw the signer's signature on written application to the clerk
before certification of the petition.
(e) If the ordinance or resolution that is the subject of an initiative or referendum petition affects
only an area that is less than the entire area of a city, only voters residing in the affected area
may sign the petition. The clerk shall determine the number of signatures required on the
petition and inform the contact person in writing. The petition shall be signed by a number of
voters equal to 25 percent of the number of votes cast in that area at the last regular election
held before the date written notice is given to the contact person that the petition is available.
4.15.030.Sufficiency of petition.
(a) All copies of an initiative or referendum petition shall be assembled and filed as a single
instrument. Within ten days after the date the petition is filed, the clerk shall:
(1) Certify on the petition whether it is sufficient; and
(2) If the petition is insufficient, identify the insufficiency and notify the contact person by
certified mail.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
(b) A petition that is insufficient may be supplemented with additional signatures obtained and
filed before the eleventh day after the date on which the petition is rejected.
(c) A petition that is insufficient shall be rejected and filed as a public record unless it is
supplemented under subsection (b) of this section. Within ten days after a supplementary
filing,the clerk shall recertify the petition.If it is still insufficient,the petition shall be rejected
and filed as a public record.
4.15.035. Protest.
If the clerk certifies an initiative or referendum petition is insufficient,a signer of the petition
may file a protest with the city manager within seven days after the certification. The city manager
shall present the protest at the next regular meeting of the city council. The city council shall hear
and decide the protest.
4.15.040.New petition.
Failure to secure sufficient signatures does not preclude the filing of a new initiative or
referendum petition. However, a new petition on substantially the same matter may not be filed
sooner than six months after a petition is rejected as insufficient.
4.15.045. Initiative election.
(a) The city clerk shall present a certified sufficient petition for initiative to the council at the first
regular meeting after certification.
(b) Unless the city council enacts substantially the same measure within 30 days of submission
of the certified petition, the city clerk shall, with the aid of the city attorney, prepare an
ordinance or resolution to implement the petition and shall submit it to the voters at the next
regular election.
(c) The ordinance or resolution initiated shall be published in full in the notice of the election but
may be summarized on the ballot to indicate clearly the proposal submitted.
(d) If a majority vote favors the ordinance or resolution, it shall become effective upon
certification of the election, unless a different effective date is provided in the ordinance or
resolution.
(e) The council may at any time not less than 20 days from the date of the election adopt an
ordinance or resolution to implement the petition. In that event, a vote on the initiative shall
not be held.
4.15.050. Referendum election.
(a) Unless the ordinance or resolution is repealed by the council, when a petition seeks a
referendum vote the clerk shall submit the matter to the voters at the next regular election. If
no regular election occurs within 75 days of the certification of a sufficient petition, the
council shall hold a special election within 75 days of submission to the council.
(b) If a petition is certified before the effective date of the matter referred, the ordinance or
resolution against which the petition is filed shall be suspended pending the referendum vote.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
During the period of suspension, the city council may not enact an ordinance or resolution
substantially similar to the suspended measure.
(c) If the council repeals the ordinance or resolution before the referendum election, the petition
is void and the matter referred shall not be placed before the voters.
(d) If a majority vote favors the repeal of the matter referred,it is repealed. Otherwise,the matter
referred remains in effect or, if it has been suspended, becomes effective on certification of
the election.
4.15.055.Effect.
(a) The effect of an ordinance or resolution may not be modified or negated within two years
after its effective date if adopted in an initiative election or if adopted after a petition that
contains substantially the same measure has been filed.
(b) If an ordinance or resolution is repealed in a referendum election or by the city council after
a petition that contains substantially the same measure has been filed, substantially similar
legislation may not be enacted by the city council for a period of two years.
(c) If an initiative or referendum measure fails to receive voter approval, a new petition
application for substantially the same measure may not be filed sooner than six months after
the election results are certified.
Chapter 4.20. Recall1
4.20.010. Time for recall.
An official who is elected or appointed to an elective city office may be recalled by the voters
after the official has served the first 120 days of the term for which elected or appointed.
4.20.015. Grounds for recall.
Grounds for recall are misconduct in office, incompetence, or failure to perform prescribed
duties.
4.20.020. Application for recall petition.
(a) An application for a recall petition shall be filed with the city clerk and shall contain:
(1) The signatures and residence addresses of at least ten city voters who will sponsor the
petition;
(2) The address of the contact person and an alternate to whom all correspondence relating
to the petitions may be sent; and
(3) A statement in 200 words or less of the grounds for recall stated with particularity.
(b) An additional sponsor may be added at any time before the petition is filed by submitting the
name of the sponsor to the clerk.
1See AS 29.26.250, et seq.,for state provisions regarding recall of a municipal official; see charter§ 2.12 as to the
power to recall an elective officer.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
4.20.025.Recall petition.
(a) If the city clerk determines that an application for a recall petition meets the requirements of
4.20.020 of the city code, the clerk shall prepare a recall petition. All copies of the petition
shall contain:
(1) The name of the official sought to be recalled;
(2) The statement of the grounds for recall as set out in the application for petition;
(3) The date the petition is issued by the clerk;
(4) Notice that signatures must be secured within 60 days after the date the petition is issued;
(5) Spaces for each signature, the printed name of each signer, the date of each signature,
and the residence and mailing addresses of each signer;
(6) A statement, with space for the sponsor's sworn signature and date of signing, that the
sponsor personally circulated the petition,that all signatures were affixed in the presence
of the sponsor, and that the sponsor believes the signatures to be those of the persons
whose names they purport to be; and
(7) Space for indicating the number of signatures on the petition.
(b) The clerk shall notify the contact person in writing when the petition is available.That person
is responsible for notifying sponsors. Copies of the petition shall be provided by the clerk to
each sponsor who appears in the clerk's office and requests a petition,and the clerk shall mail
the petition to each sponsor who requests that the petition be mailed.
4.20.030. Signature requirements.
(a) The signatures on a recall petition shall be secured within 60 days after the date the clerk
issues the petition. The statement provided under section 4.20.025(a)(6)of this code shall be
completed and signed by the sponsor. Signatures shall be in ink or indelible pencil.
(b) The clerk shall determine the number of signatures required on a petition and inform the
contact person in writing. The petition shall be signed by a number of voters equal to 25
percent of the number of votes cast for that office at the last regular election held before the
date written notice is given to the contact person that the petition is available.
(c) Illegible signatures shall be rejected by the clerk unless accompanied by a legible printed
name. Signatures not accompanied by a legible residence address shall be rejected.
(d) A petition signer may withdraw the signer's signature upon written application to the clerk
before certification of the petition.
4.20.035. Sufficiency of petition.
(a) The copies of a recall petition shall be assembled and filed as a single instrument. A petition
may not be filed within 180 days before the end of the term of the office of the official sought
to be recalled. Within ten days after the date a petition is filed, the city clerk shall:
(1) Certify on the petition whether it is sufficient; and
(2) If the petition is insufficient, identify the insufficiency and notify the contact person by
certified mail.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
(b) A petition that is insufficient may be supplemented with additional signatures obtained and
filed before the 11th day after the date on which the petition is rejected if:
(1) The petition contains an adequate number of signatures, counting both valid and invalid
signatures; and
(2) The supplementary petition is filed more than 180 days before the end of the term of
office of the official sought to be recalled.
(c) A petition that is insufficient shall be rejected and filed as a public record unless it is
supplemented under subsection (b) of this section. Within ten days after the supplementary
filing,the clerk shall recertify the petition.If it is still insufficient,the petition shall be rejected
and filed as a public record.
4.20.040.New recall petition application.
A new application for a petition to recall the same official may not be filed sooner than six
months after a petition is rejected as insufficient.
4.20.045. Submission.
If a recall petition is sufficient, the clerk shall submit it to the city council at the next regular
meeting or at a special meeting held before the next regular meeting.
4.20.050. Election.
(a) If a regular election occurs within 75 days but not sooner than 45 days after submission of the
petition to the city council,the city council shall submit the recall question at that election.
(b) If no regular election occurs within 75 days, the city council shall hold a special election on
the recall question within 75 days but not sooner than 45 days after a petition is submitted to
the city council.
(c) If a vacancy occurs in the office after a sufficient recall petition is filed with the clerk, the
recall question may not be submitted to the voters. The city council may not appoint to the
same office an official who resigns after a sufficient recall petition is filed naming that
official.
4.20.055. Form of recall ballot.
A recall ballot shall contain:
(1) The grounds for recall as stated in 200 words or less on the recall petition;
(2) A statement by the official named on the recall petition of 200 words or less, if the
statement is filed with the clerk for publication and public inspection at least 20 days
before the election; and
(3) The following question: "Shall (name of person)be recalled from the office of(office)?
Yes [ ] No [ ]."
4.20.060.Effect.
(a) If a majority vote favors recall, the office becomes vacant upon certification of the recall
election.
CITY OF SEWARD,ALASKA
ORDINANCE 2022-017
(b) If an official is not recalled at the election, an application for a petition to recall the same
official may not be filed sooner than six months after the election.
4.20.065. Successors.
(a) If an official is recalled from the city council, the office of that official shall be filled in
accordance with § 2.10.050 of this code. If all members of the city council are recalled, the
governor shall appoint three qualified persons to the city council.The appointees shall appoint
additional members to fill the remaining vacancies in accordance with § 2.10.050 of this
Code.
(b) A person who has been recalled may not be appointed under subsection(a) of this section to
the office from which the person was recalled. A person appointed under subsection (a) of
this section serves until a successor is elected and takes office.
Section 2. This ordinance shall take effect ten(10)days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA
this 9th day of January, 2023.
THE CITY OF SEWARD,ALASKA
&.4.4111IV' CLie
Sue McClure,Mayor
AYES: DeMoss, Finch, Barnwell, Wells, Osenga, Calhoon, McClure
NOES: None
ABSENT: None
ABSTAIN: None
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City Council Agenda Statement
Meeting Date: December 12, 2022
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Ordinance 2022-017, Updating Seward City Code, Title 4 - Elections
Background and justification:
As part of the original city recodification project, this ordinance is coming to council to
fundamentally update Title 4 of the Seward City Code. Title 4 is dedicated to Elections; the entire
title has been examined, and nearly every portion of the content has been updated.
The city codes from the cities of Wasilla and Soldotna, as well as state statutes, helped formulate
the updates. All the proposed updates were reviewed with City Attorney Brooks Chandler during the
summer of 2021. I am not including an exhaustive list of every edit within this agenda statement
because all changes are the result of collaboration between myself and Attorney Chandler.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
✓ Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Fund Balance Information
Affected Fund (✓):
General SMIC Electric Wastewater
Boat Harbor Parking F1 Water F1 Healthcare
Motor Pool Other
40
Note: amounts are unaudited
Fund Balance/Net position — restricted $
Fund Balance/Net position — unrestricted/unassigned $
Available Unrestricted Cash Balance: $
Finance Director Signature:
Attorney Review
X Yes Attorney Signature:
Not applicable
Comments:
Recommendation
e✓ Adopt Ordinance
Other:
41