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HomeMy WebLinkAboutOrd1978-464 6/5/78 JES:jes . . .' . . Introduced By: City Manager Introduction Date: June 19, 1978 Public Hearing and Enactment: July 24, 1978 CITY OF SEWARD, ALASKA ORDINANCE NO. 464 AN ORDINANCE REGARDING ELECTIONS, REPEALING AND RE-ENACTING CHAPTER 8 OF THE SEWARD CITY CODE THE CITY OF SEWARD, ALASKA, ORDAINS: Section 1. Ordinances are hereby as follows: Sections 8-1 through 8-37 of the Seward City Code of repealed and re-enacted as Sections 8-1 through 8-27 Sec. 8-1 Incorporation of State and Federal Law All provisions of the Constitution of the United States, the Constitution of the State of Alaska and any laws enacted pursuant to said Constitutions affecting home rule city elections are incor- porated in this chapter as if fully set out herein. Sec. 8-2 Clerk to Administer City Elections The city clerk, in accordance with the provisions of this chapter, shall administer all city elections. Sec. 8-3 Qualifications of Voters (a) A person is qualified to vote who: (1) is a citizen of the United States; (2) has passed his 18th birthday; (3) has been a resident of the state and of the city for at least 30 days immediately preceding the election; (4) has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction; and (5) is not disqualified under AS 15.05.030 (b) State voter registration is prima facie evidence of a voter's qualification, but every election official shall challenge, 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 and any election official shall consider the ballot as a questioned ballot. A person who frivolously, maliciously or in bad faith challenges a voter or questions his ballot is guilty of a misdemeanor as provided by AS l5.l5.2l5(b). Sec. 8-4 Time of Election (a) Regular city elections shall be held on the first Tuesday of October of each year. . . . - . Ordinance No. 464 Page Two Sec. 8-4 Time of Election (cont'd) (b) All elected officials of the city as are now or may hereafter be made elective under provisions of the Home Rule Charter shall be elected at the regular election in such years as their respective terms of office shall expire. (c) The polls shall be open in each precinct for the purposes of voting from 8:00 a.m. to 8:00 p.m. on each election day. Sec. 8-5 Notice of Election (a) The clerk shall post a notice of each regular election in three public places and publish at least twice in one or more news- papers of general circulation in the City, the first such publication to be accomplished at least 40 days prior to the election and the last to be accomplished within the week prior to the election. For special elections, the first such publication is to be accomplished at least 20 days prior to the election. The clerk shall give such notice to the public as may be required by the laws of the City of Seward. (b) Each notice of election shall include: (1) the type of election--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) a reference to the polling places and a des- cription of the voting precincts by boundaries. Se~ 8-6 Precincts and Polling Places (a) The precincts established by the Lieutenant Governor and set forth in the Alaska Administrative Code shall be the precincts for all city elections. The clerk shall secure a polling place within each precinct, if possible, for all city elections. (b) No later than 20 days before each regular and special election, the clerk shall publish in one or more newspapers of general circulation in the city the locations of the precinct polling places. Such publication shall be repeated at least once no later that the week prior to the election. Sec. 8-7 Nomination of Candidates by Petition (a) 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, the date when nominations are open and the manner for . . . . . Ordinance No. 464 Page Three Sec. 8-7 Nomination of Candidates by Petition (cont'd) making nominations, such publication to be at least 40 days prior to the election date. (b) Nominations for the filing of elective offices of mayor and council shall be made only by petition of at least 10 qualified voters residing within the city. Candidates for elective city office shall file a Conflict of Interest Statement in accordance with the pro- visions of AS 39.50 at the time of filing a nominating petition. Each candidate shall file the name and address of the campaign treasurer with the Alaska Public Offices Commission in accordance with the pro- visions of AS 15.13. (c) Nominating petition forms shall be provided by the clerk and shall include provision for a statement by the candidate affirming his qualifications to fill the office to which he is nominated and his willingness to do so. (d) Nominating petitions must be completed and filed with the clerk no earlier than 40 days nor later than 20 days before the regular election. The clerk shall record on the petition itself the name and address of the person by whom it is filed and the date of filing. All petitions which are not withdrawn pursuant to Sec. 8-7(f) herein shall be preserved by the clerk for one year. Refusal or failure to file a Conflict of Interest Statement at the time of filing a nominating petition shall require that the candidate's nominating petition for office be refused by the clerk and that his name be removed from the filing records. The clerk shall not place the name of a candidate on the ballot who has not complied with the requirements to file the name and address of his campaign treasurer. (e) Within 2 days after filing of a nominating petition, the clerk shall notify the candidate named in the petition and the person who filed it whether or not the petition is in the proper form and is signed by 10 qualified voters. If the petition is deficient in any way, the clerk shall immediately return it to the person who filed it with a statement certifying wherein it is deficient. A new petition, or the same petition if the deficiency is in the number of signatures, for the same candidate may be filed within the time for filing nominating petitions. (f) Any candidate nominated may withdraw his nomination at any time during the period for filing nominating petitions by appropriate written notice to the clerk. However, after the last filing date for nomination petitions has closed, no nominating petition may be corrected, amended or withdrawn. (g) Any petition 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 petition from the clerk. . . . . . Ordinance No. 464 Page Four Sec. 8-8 Election Officials The city election board shall be the election board selected and appointed by the Kenai Peninsula Borough Assembly and each member shall be a qualified voter and a resident within the precinct for which he is appointed. In the case of an election for which an election board has not been appointed by the Borough, the city council shall appoint at least 3 judges in each precinct to constitute the election board; one judge shall be designated as chairman and shall be primarily responsible for administering the election in that precinct. The city clerk is the election supervisor and may appoint up to 3 election clerks at any pol- ling place where they are needed to conduct an orderly election and to relieve the election judges of undue hardship. All election judges and clerks, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the clerk. If any appointed election official is not able or refuses to serve on election day, the clerk may appoint a replacement for that official. Sec. 8-9 Ballots - Form (a) Ballots shall be prepared in the manner prescribed by law or by the Lieutenant Governor for state elections, insofar as such prescription is applicable to nonpartisan elections. (b) The ballots shall be of plain white paper, through which printing or writing cannot be read. 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. At the top of the ballot, so as to be clearly visible when folded, shall be printed the words: "Official Ballot of The City of Seward, Alaska," the date of the election and whether a regular or special election. (c) All candidates to 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 provisions shall be made for write-ins equal in number to the positions to be filled. The names of the candidates shall be printed as they appear upon the petition except that the honorary or assumed title or prefix shall be omitted. The words "Vote for not more than _", with the appropriate number replacing the blank, shall be placed before the lists of candi- dates for each office. The names of the candidates shall be printed in capital letters not less than one-eighth of an inch nor more than one-fourth of an inch in height and, at the beginning of each line in which the name of a candidate is printed and at the beginning of each blank line provided for write-in ballot candidates, a square shall be printed, the side of which shall be not less than one-fourth of an inch in length. Ballots shall be numbered consecutively and rotated as prescribed in AS 15.15.030(6) for state elections. . . . . . Ordinance No. 464 Page Five Sec. 8-9 Ballots - Form (cont'd) (d) 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. (e) ling place on election, the The clerk shall have printed and available at each pol- election day and in the clerk's office preceding the appropriate tinted sample ballots for each election. Sec. 8-10 Ballots - Distribution (a) The clerk shall have the ballots in his possession at least 15 days before each regular election or 7 days before each special election. At that time the ballots may be inspected by any candidate whose name is on the ballot, or his authorized agent, and any mistake discovered 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; said receipt to be preserved with other records of the election for one year. Sec. 8-11 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 section. (b) The clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, how to obtain information from election officials and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed in large, clear type and shall be distributed to the election boards to be promin- ently 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. . . . . . Ordinance No. 464 Page Six Sec. 8-12 Absentee Voting (a) Eligibility. Any qualified voter who expects to be absent from his election precinct or who will be unable to go to the polling place of that precinct for reasons of physical disability may cast an absentee ballot. A person who believes he will be unable to be present at the polls because of the physical inaccessibility of the polling place causing undue travel expense, hardship or hazard to the voter may vote absentee. (b) Application for Ballot. (1) By Mail - A qualified voter may apply for an absentee ballot by mail if postmarked not more than 2 months nor less than 7 days before an election. The application shall include the address to which the absentee ballot shall be returned and the applicant's full Alaska resident address and signature. (2) In Person - A qualified voter may apply for an absentee ballot in person on any day after the ballots are prepared and available, but not on election day. (3) By Personal Representative - A qualified voter may apply for an absentee ballot through a personal representative on the day of, or not more than 15 days before the date of a regular election and 7 days before a special election. The application shall be signed by the applicant and be accompanied by a letter from a licensed physician or a statement signed by two qualified voters stating that the applicant will be unable to go to the polling place because of physical disability. (c) Issuance of Ballot. Before delivering any ballot, the clerk shall satisfy himself of the applicant's right to vote and may require the applicant to comply with the challenged ballot procedure. Upon issuing an absentee ballot, the clerk shall enter on the application the number of the ballot issued and the date of delivery or mailing. The clerk shall have available for public inspection the names and addresses of persons who voted absentee. When the canvass board meets, the clerk shall furnish to it all absentee ballot applications, bearing the aforesaid notations relative to issuance of the ballots. (d) Materials for Absentee Voting. There shall be a small blank envelope and a return envelope supplied to. each absentee voter. The return envelope shall have printed upon it an affidavit by which the voter shall declare his qualification to vote, followed by provision for attestation by a witnessing officer, or signature of 2 attesting witnesses, both of whom are at least 18 years of age. The following notice shall appear on the return envelope: "NOTICE: Return the Voted Ballot in Sealed Envelope Immediately to the Clerk, marked 'Ballot Enclosed - To Be Opened By the Canvassing Board'''. . . . . . Ordinance No. 464 Page Seven Sec. 8-12 Absentee Voting (cont'd) (e) Casting Absentee Ballot. Upon receipt of an absentee ballot through a personal representative or by mail, the voter whether in or out- side the state, in the presence of 2 attesting witnesses, both of whom are at least 18 years of age, or before an election judge, notary public, com- missioned officer of the armed forces including the National Guard, district judge or magistrate, United States postmaster, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the small blank envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the larger envelope in the presence of the above-listed official or designated persons who shall sign as attesting witnesses. The voter may then return the properly enclosed ballot by personal representative to the clerk, or by the most expeditious mail service, postmarked not later than the day of the election, to the clerk, who shall retain it for delivery to the canvass board. Upon receipt of an absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the small blank envelope, to place the small envelope in the larger envelope and to sign the voter's certificate on the back of the larger envelope in the presence of the clerk or a designated election official who shall sign as attesting witness and retain it for delivery to the canvass board. Sec. 8-13 Voting Procedure at the Polls (a) 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. (b) The 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 challenge the voter according to the procedure outlined in Sec. 8-14. If a voter's polling place is in question, a voter shall be allowed to vote, and any election official shall consider the ballot as a questioned ballot. (c) When the voter is qualified to vote, the election judge shall give him an official ballot. (d) Each voter to mark his ballot. If a to mark his ballot alone, pursuant to AS 15.15.240. shall retire alone to a booth or private area voter is blind or otherwise physically unable he may request assistance and it may be permitted Immediately after marking the ballot, the voter . . . . . Ordinance No. 464 Page Eight Sec. 8-13 Voting Procedure at the Polls (cont'd) shall return it to the election judge, having concealed the manner in which it is marked. The election official shall remove the numbered tab or tabs and deposit the ballot in the ballot box. (e) 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 it~ number and shall issue a new ballot to the voter. A voter may request replacement of a damaged ballot no more than three times. (f) Fifteen minutes before closing the polls, the time remalnlng before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed and there- after no ballot shall be issued except to those voters who were present and waiting their turn to go through the voting procedure at the time prescribed for closing the polls. Sec. 8-14 Challenging and Questioning Procedure (a) Every election judge and election clerk shall challenge, and every watcher and other person qualified to vote in the precinct may challenge a person attempting to vote if the challenger has good reason to suspect that the challenged person is not qualified to vote. All challenges shall be made in writing, setting forth the reason for the challenge. A challenged person before voting shall subscribe to an oath and affidavit provided by the clerk attesting to the fact that in each particular case the person meets all the qualifications of a voter, that he is not disqualified, and that he has not voted at the same election. He shall also state the place from which he came immediately before living in the precinct in which he now offers to vote and the length of time of his residence in the former place. After the challenged person has taken the oath and signed the affidavit, the person may vote. If the challenged person refuses to take the oath or sign the affidavit, the person may not vote. (b) If a voter's polling place is in question, he shall be allowed to vote, and any election official shall consider the ballot as a questioned ballot. The voter whose ballot is being questioned shall complete a statement concerning his residence on a form provided by the clerk. Sec. 8-15 Disposition of Challenged and Questioned Votes A challenged voter or one who casts a questioned ballot shall vote his ballot in the same manner as prescribed for other voters. After the election judge removes the identification number from the ballot, the challenged voter shall insert the ballot into a small blank envelope, seal it and put the envelope into a larger envelope on which the oath and affidavit he previously signed is located. After the election judge . . . . . Ordinance No. 464 Page Nine Sec. 8-15 Disposition of Challenged and Questioned Votes (cont'd) removes the identification number from the ballot, the voter who casts a questioned ballot shall insert the ballot into a small blank envelope, seal it and put the envelope into a larger envelope on which the informa- tion concerning that voter's residence is located. These larger envelopes shall be sealed and deposited in the ballot box. When the ballot box is opened, these envelopes shall be counted and compared to the voting list, segregated and delivered to the clerk for delivery to the canvass board. Sec. 8-16 Unused Ballots Prior to the opening of the ballot box, the numbers of all ballots not issued shall be recorded and then all such ballots shall be enclosed in an envelope signed by the election judges and noting its contents. The numbers of ballots damaged by voters and defective ballots shall be marked "defective" on the back thereof and signed by the judges, stating why the ballot was not counted and was so marked and all such ballots shall be enclosed in the envelope which shall be marked so as to distinguish its contents. The record of ballots not issued and defective and damaged ballots shall be delivered to the clerk with other election materials and shall be preserved for one year. Sec. 8-17 Counting Ballots (a) The opening of the ballot box and the counting of ballots shall be accomplished in full view of any persons present. The public may not be excluded from the area in which ballots are counted. However, the chairman of the election board shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties and no one other than appointed election officials may handle the ballots. (b) Immediately following the closing of the polls and the disposition of unused ballots pursuant to Sec. 8-16, the election officials shall open the ballot box and count the number of ballots cast with necessary adjustments to account for the number of ballots required to present to each voter all the offices and propositions on which he is entitled to vote; the number of ballots cast shall agree with the number of signatures on the precinct register. If a discrepancy exists which cannot be resolved, the election officials shall explain the discrepancy to the best of their ability in writing for delivery to the clerk. (c) The 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 3 election judges. After completion of the Certificate of Returns, the counted ballots shall be sealed in an envelope provided by the clerk and shall be delivered to the clerk to be preserved unopened, unless the city councilor the court orders a recount, for one year. . . Ordinance No. 464 Page Ten . Sec. 8-18 Tally of Votes (a) 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. The election board shall canvass and count the votes according to the rules for determining mark on ballots prescribed in AS 15.15.360. The election board shall canvass 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 delivery to the clerk may remove a ballot from the immediate vicinity of the polls or have a marking device in hand. (b) As soon as all the votes are read off and counted, a certificate shall be drawn upon each of the papers containing the poll lists and tallies or attached thereto stating the number of votes each person has received and designating the offices for which he received the votes. The certificates shall be signed by the election board members. . (c) If the results of the above certified statement of number of votes received shows two or more candidates tied in having the highest number of votes for the same office for which there is to be elected only one candidate, the election board shall immediately proceed with a recount of. the votes for that office. The recount tallies shall be prepared and certified as provided for the first count. (d) The certificate or certificates, with the registration list, tallies or talleypapers, oath of judges and oaths of voters and other papers, shall be sealed in an envelope by the judges and endorsed "Election Returns", and shall be delivered to the city clerk. Sec. 8-19 Canvass of Returns - Tie Votes (a) On the first Wednesday after each election, the city council shall meet as the canvass board and canvass all election returns. The canvass may be postponed for cause from day to day but not exceeding 3 postponements. . (b) In full view of those present, the election canvass board shall judge the applicability of absentee, challenged and questioned ballots, shall open and tally those accepted and shall compile the total votes cast in the election. The canvass of the ballot vote counted by precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass board in the transfer of totals from the precinct tally sheets to the precinct certificate of returns shall be corrected in the canvass board certificate of election returns. If in the opinion of the canvass board a mistake has been made in precinct returns which is not clearly an error in the transfer of results from the tallies to the certificate of results, the canvass board may order that a recount of that precinct or precincts results be made for that portion of the returns in question. .. . . Ordinance No. 464 Page Eleven . Sec. 8-19 Canvass of Returns - Tie Votes (cont'd) (c) The records of the meeting shall show: (1) the number of votes cast in such election; (2) the names of the persons voted for and the propositions voted upon at such election; (3) the offices voted for; and, (4) the number of votes cast for each candidate and for and against each proposition voted at such election. (d) To be counted in the election, an absentee ballot must be postmarked by midnight of election day and received by the clerk before the date and hour of the canvass. Ballot envelopes received after that time shall not be opened but shall be marked "invalid", with the date and hour of receipt noted thereon, and shall be preserved for one year with other ballots of the election. . (e) Challenged, questioned and absentee ballots shall be counted as follows: No ballot shall be counted if the voter has failed to properly execute the certificate, if the witness or the officer or other person 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. The clerk or a member of the election canvass board may challenge 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 making the challenge shall specify the basis of the challenge in writing. The canvassing board by majority vote may refuse to accept the challenge and count the ballot of a person properly challenged. If the ballot is refused, the clerk shall return a copy of the statement of the challenge to the voter, and shall enclose all rejected ballots in a separate envelope with statements of challenge. The envelope shall be labeled "rejected ballots" and shall be preserved for one year with other ballots of the election. If the ballot is not refused, the large envelope shall be opened, the small inner envelope shall be placed in a container and mixed with other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned ballot envelopes, the mixed small blank envelopes shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots. (f) If a tie vote exists and only one of the candidates so tied may hold office under the laws establishing the office voted for, the tie shall be broken by a single coin toss in which the first can- didate to have filed a nominating petition shall call the coin during the toss, conducted by the city council at the meeting held for the canvassing of the votes. If no contest be initiated under the provisions of Sec. 8-22 or if such contest be held and determined, the result of the election shall be publicly declared by the council and entered upon the records of the minutes of such meeting. . . . . . . Ordinance No. 464 Page Twelve Sec. 8-20 Certification of the Election (a) As soon as possible after completion of the canvass but no later than the Monday following the election, the city council shall meet in public session to certify the election by entering the results 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 authenti- cated by the seal of the City. Sec. 8-21 Election Recounts (a) A defeated candidate or 10 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 request- ing 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 the 10 persons making the application are qualified voters. The application for a recount shall bear the notarized signature of the candidate or the 10 qualified voters seeking the recount. (c) Upon receiving an application in substantially required form, the city council shall appoint a recount board of 3 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. 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 city 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 $250 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. . . . . . Ordinance No. 464 Page Thirteen Sec. 8-21 Election Recounts (cont'd) (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 10 days after the city council has declared the election results. If no such action is commenced within the 10 day period, the election and the election results shall be conclusive, final and valid in all respects. Sec. 8-22 Contest of Election (a) A defeated candidate or any 10 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 pro- visions 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 governing body at the meeting held to certify the election returns and there shall deliver a written notice of contest, or such written notice shall be filed with the clerk no later than 5:00 p.m. on the Monday following the election. The notice of contest shall specify the election being contested, shall state the grounds of the contest in detail and shall bear the notarized signature of the candidate or the qualified voters bringing the contest. (c) Upon receiving a valid notice of contest, the city council shall order such investigative action as it deems appropriate. If the contest involves voter eligibility, the clerk and the city attorney shall be ordered to investigate the allegations and report their findings to the city council. If other illegal or irregular election practices are alleged to have occurred, the city council shall order an investigation to be made by the city manager with the assistance of the clerk and the attorney. If the clerk and manager are both named in the contest, the council shall appoint an investigating board to conduct the required investigation. Those contesting the election, those whose election is contested and the public 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 have, the city council may so declare and uphold their previous ~ . . . . . Ordinance No. 464 Page Fourteen Sec. 8-22 Contest of Election (cont'd) action in declaring the election validly held. If the contest involves other prohibited practices which are shown to have taken place, the city council shall exclude the votes of the precincts where such practices occurred from the total returns. If it is determined that such exclu- sion could not affect the election result, the city council shall declare the election validly held. (e) Unless the grounds for which the contest was brought are determined to be valid, the candidate or contestants shall be 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 $750 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 10 qualified voters who contested an election may bring an action in the superior court within 10 days after the city council has concluded that said election was valiely 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 the 10 day period, the election and the election results shall be con- clusive, final and valid in all respects. Sec. 8-23 Expenses The city shall pay all necessary election expenses, including those of securing polling places and providing ballot boxes, ballots, voting booths or screens, national flags and other supplies and any wages to election officials unless otherwise provided by this chapter. The city shall pay each election board member the hourly rate provided in AS 15.15.380 for similar election officials for state elections for the time spent at their election duties, including the receiving of instruction. Sec. 8-24 Preservation of Election Ballots, Papers and Materials The clerk shall preserve all precinct election certificates, tallies, and registers, all voted ballots and nominating petitions 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. Certificates of the canvass board are to be preserved as permanent records. Sec. 8-25 Certain Election Practices Prohibited The provisions of AS 15.55 are adopted and those acts made un- lawful in that chapter are hereby made unlawful acts within the scope of Ordinance No. 464 Page Fifteen . . . Sec. 8-25 Certain Election Practices Prohibited (cont'd) this chapter. The listing of prohibited practices elsewhere in this chapter shall be deemed supplementary to the state law and the actions hereafter made unlawful shall be deemed unlawful even though not speci- fically mentioned in state law. Sec. 8-26 Severability If any provision of this chapter or its application to any person or set of circumstances is held invalid, the remainder of the chapter or its application to other persons or circumstances shall not be affected. Sec. 8-27 Definitions In this chapter, unless the context requires otherwise: (1) (2) (3) (4) . (5) (6) (7) (8) (9) (10) (11) (12) . (13) (14) The masculine includes the feminine CLERK means the city clerk or any properly authorized assistant or designee DAYS include weekends and holidays ELECTION includes any regular or special election for the City of Seward PUBLICATION means a newspaper of general circulation or posting in public places ELECTION OFFICIALS means the city clerk or his designee, election judges and election clerks and canvassing boards OATH includes affirmation PRECINCT means the territory established by the Lieutenant Governor within which resident voters may cast ballots at one polling place PROPOSITION includes question QUALIFIED VOTER is any voter who is (1) a citizen of the United States; (2) has passed his 18th birthday; (3) has been a resident of the state and of the city for at least 30 days just before the election; (4) has regis- tered before the election as required by AS 15.07 and is not registered to vote in another jurisdiction; and (5) is not disqualified under Art. V of the State Constitution REGULAR ELECTION means a general election to fill city offices as required by AS 29.28.015 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 voting, either in person or by absentee ballot Section 2. This ordinance takes effect ten days after enactment . . . . Ordinance No. 464 Page Sixteen . ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 24th day of July , 1978. CITY OF SEWARD, ALASKA .~ L.~gi ~~ Mayor AYES: CAMPBELL, GILLESPIE, HUGLI, LEER, POTTS AND VINCENT NOES: NONE ABSENT: MOTT APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward, Alaska ~ Lfc 4J~ Ranald t. arrel