HomeMy WebLinkAboutOrd1975-408
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OF THE MINUTES OF THE SEWARD CITY COUNCIL-VOL~E 17
AGE 3
ames (il~
City Clerk-Treasurer
THE CITY OF SEWARD, ALASKA
ORDINANCE NO.408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
REPEALING CHAPTER 8, SECTIONS 8-1 THROUGH 8-37, OF THE SEWARD CITY
CODE AND ENACTING A NEW CHAPTER 8, SECTIONS 8-1 THROUGH 8-37.
WHEREAS, Chapter 8 of the Code of Ordinances of the City
of Seward has not been updated to correctly state Alaska State Law,
and
WHEREAS, it will require a number of modifications to
correct deficiencies now existing in the election code, and
WHEREAS, it is desirable to streamline the election code
and easier to enact a new code while repealing the old one than it
would be to make a number of changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
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Section 1. Former ehapter 8 consisting of sec~ions 8-1
through B-37, relating to elections, is hereby repealed. A new
Chapter 8 consisting of sections 8-1 through B.-37.
as more specifically set forth below, is hereby enacted.
CHAPTER 8.
ELECTIONS.
Article I. In General
Sec. 8-1 Officers to be elected.
At a general election there shall be elected by the
1ualified electors of the city all officers required under the
Home Rule Charter of the city, who shall hold their respective
offices in accordance with the provisions of the Home Rule
Charter and the laws of the state.
Sec. B-2. Schedule for Elections.
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(a) There shall be a general annual city election on
the first Tuesday in October of eaQhyear for the purpose of
electing such officers of the city as are now or may hereafter be
made elective, and for the purpose of the determination of such
other matters as may be placed on the ballot.
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(b) The city couricil, lJy reso1.ution, may order that
~ special election be held. All such special elections held
conform in all respects with all the providons of the
Charter and this chapter.
Sec.
8-3.
Administration.
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The city clerk-trea.urer O:f hie designee will perfora' ';~
the duties necessary for the administration of municipai electlO"~ }~
Those duties include, but are not liai ted to, obtaining. from ' . .,~;.;1:
the State of Alaska a list of voters registered pursuant to . .,,;',
A. S. 15.07.040. The list shall include the name. of all persona ~ ':~
registered thirty (30) days prior to the city el~tion for which ,J~
it is obtained. The clerk-treasurer may publish n.otices urqin.,,'~;
voting registration and may cooperate with the State of Ala.ta
in encouraging city residents to register.
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Sec. 8-4 Qualifications of Electors.
To be eligible to vote at any city election, an elector
shall possess all of the qualifications of an elector a. provided
in Section 10.3 of Chapter 10 of the Bome Rule Charter of the city.
Sec. 8-5 Notice of Election.
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The city clerk-treasurer shall cause to be published in
the newspaper of general circulation notice of municipal election
in the following manner:
(a) Notice of the annual general election'shall be
published three (3) times preceedinq the election. The first
publication shall commence forty (40)days prior to the date on
which the general election will be held, and the last publication
shall be within the week preceedinq the election.
(b) Notice of a special election shall be published
once each week until the election following the first publication
thereof, which shall be not less, than twenty (20) days prior to
the date of election.
(c) Notice of election prescribed by the provisions of
this code shall state:
(1) The date of election.
(2) The time of opening and closing the polling places.
(3) The location of precinct polling places and
a description of the voting precincts by boundarie..
(4) The qualifie_tion. of voters and the ..nner,
time, method and. place of registratic:m.
(5) The aanner ofaa.inatinq candidates.
(6) Whether the .leot1o~ is a general or special
election.
(7) The offices to ... flUe<< or pcopodtions t)1at
are submitted to the 'electors.
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Article II. Registration.
Sec. 8-6 Re istration Required; Desi nation of Re istrar and
Reg~strat~on Of ~ce.
(a) All persons, before voting in any general or special
election in the city, shall register as hereinafter provined;
except that a person once registered shall not be required to again
register unless his registrations is strickened from the permanent
registration records of the State of Alaska.
(b) The city clerk-treasurer is herebv designated the
registrar of the city and his office shall he the central registration
office.
Sec. 8-7 Procedure.
A resident qualified to vote may register in person
before the city clerk-treasurer, or a registration official of the
State of Alaska, or may register by mail as provided by A.S. 15.
07.070.
Sec. 8-8 Time of Registration.
Registration of electors shall be carried out at all
times during the regular office hours of the citv clerk-treasurer.
However, there shall be nO registration within thirty (30) days
of any general or special election, such thirty (30) days to include
Sundays and holidays.
Sec. 8-9 Forfeiture; reregistration; transfer of registration:
Permanent record; challenge.
(a) Qualified electors who have registered shall forfeit
registration and the right to vote in any city election, if:
(1) Such elector removes his residence from the
corporate limits.
(2) Such elector shall have changed his name since
registering.
(3) Such elector shall cease to be an elector of
the State of Alaska.
Any person who has forfeited his registration shall be
required to register anew before being entitled to vote.
(b) A person whose name does not appear on the registration
list of qualified electors may cast a challenged ballot but shall
not otherwise be granted a right to vote by any election officer.
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Article III. Absentee voting.
Sec. 8-10 Eligibility.
Any voter within the city, properly registered and otherwis
qualified, \~ho expects to be absent from his city election precinct
for the entire time that the polls are open on election day, or who
will be unable to vote in such city election precinct by reason of
infirmity or illness on the day on which any general or special
municipal election is held, may cast a ballot in such municipal
election hy complying with the provisions of this Code.
Sec. 8-11 Application; procedure for obtaining absentee ballot.
(a) A person who seeks to vote by absentee ballot may
file either in person or by mailing his written application to the
city clerk-treasurer.
(b) An application by mail must be received by the city
clerk-treasurer not more than thirty (30) days, nor less than five
(5) days before the municipal election. An aoplication made in
person must be filed with the city clerk-treasurer not more than
thirtv (30) days before the municipal election, and no later than
noon on the day before the municipal election.
(c) The application must be signed by the applicant and
show his place of residence.
(d) Nothing in this section is intended to limit the
city clerk-treasurer in personally delivering a ballot to a person
who, because of physical incapacity, is unable to make the applicatiol
in person at the city clerk-treasurer's office for an absentee voter',
ballot.
(e) Upon timely receipt of an application for an absentee
voter's ballot the receiving clerk shall file it. The clerk will ther
check the latest date registration list to determine whether the
applicant is registered pursuant to A.S. 15.07.040. If the applicant
is properly registered, the clerk will deliver to the apolicant,
personally, or by mailing to the address given by the applicant, an
official ballot for the election, an identification envelope and
a return envelope.
(f) Before delivering any ballot, the city clerk-treasurer
shall satisfy himself with the applicant's right to a ballot, and
may refuse in a proper case to deliver or send it. The applicant sha:
be promply notified of the reasons for the refusal.
(g) Whenever the clerk-treasurer is required to mail an
absent voter's ballot to any voter, and the address to which such
ballot is to be mailed is beyond a fifty mile radius of the city,
he shall mail the absent voter's ballot to the voter by airmail.
(h) Upon delivering or mailing an absent voter's ballot,
the clerk-treasurer shall enter upon the application of the absent
voter, the number of, and the date of delivering or mailing the ballo
Before the election, the clerk-treasurer shall send the judges of
each precinct in the city a list of the voters in his precinct
applying for and receiving ballots under the provisions of this Code.
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Sec. 8-12 Identification and return envelope.
The identification envelope and return envelope provided
for shall be of such form, size and weight as may be necessary and
convenient as prescribed by the city clerk-treasurer.
The identification envelope shall have printed on its face
an affidavit substantially in the follo~ing form:
"IDENTIFICATION ENVELOPE
STATE OF )
) ss.
COUNTY OR JUDICIAL DISTRICT)
deposes and says: I am a
resident and a voter in precinct' number in the City
of Seward, Alaska, and I hereby enclose my ballot in
compliance with the code of ordinances of the City of
Seward.
(signature of voter)
(resident's address within city)
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SUBSCRIBED AND SWORN TO before me this day of
, 19 , and I hereby certify that in my
presence this affiant enclosed said ballot and handed
me this envelope sealed, that he signed this affidavit
and I acknowledged it in accordance ~vi th law.
(official's signature)
(title of officer)
(SEAL)
NOTICE - After rece~v~ng this sealed envelope from the
person taking this affidavit, when voting outside the
office of the City Clerk of the City of Seward, you
must immediately return it by mail, postage prepaid,
to the City Clerk, Seward, Alaska. MARKED BALLOT
ENCLOSED TO BE OPENED ONLY BY CANVASSING BOARD."
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Sec. 8-13 Absentee voting before city clerk-treasurer.
Any voter applying for and receiving an absent voter's
ballot may, on any date prior to the day of the election for which
the ballot is to be voted, appear at the office of the city clerk-
treasurer, and stamp and seal his ballot under the scrutiny of
that officer and in the following manner:
(a) The voter shall first displav the ballot to the
clerk-treasurer as evidence that it is not ~arked, and shall then
proceed to mark the ballot in the presence of the clerk-treasurer,
but in such a manner that the clerk-treasurer is unable to see
how it is being marked. The voter shall then fold the ballot and
enclose it in the identification envelope.
(h) The voter shall then make out or cause to be made
out and sworn to the affidavit printed on the face of the envelope
and deliver it properly sealed to the officer before whom the
ballot is marked.
(c) The officer shall then certify the affidavit printed
on the identification envelope, and after writing or stamping his
name across the seal shall deposit the envelope in a safe place
in his office to be kept by him and delivered to the canvassing
board.
(d) Should an absent voter return to his city precinct
on election day, he shall not vote until he surrenders to the judges
of the precinct board the absent voter's ballot and other
supplies mailed to him. The judge or judges of election shall
return the unused absent voter's ballots with the unused ballots of
the precinct.
Sec. 8-14 Procedure generally.
(a) At any time on or before the date of election, an
absent voter may appear before any officer authorized to administer
oaths at the place of such appearance within the United States,
in which he may be at the time of receiving his ballot, to mark
his ballot if:
(1) In the case of any election conducted by the
city he is absent from the city.
(2) He is unable because of disability to go to
his polling place.
(b) In the presence of such officer, but not so that
such officer may see how the ballot is being marked, the voter
the voter may mark and seal his ballot as before stated in
this article; except, that he may mark his ballot with pen and
ink or indelible pencil. Such officer shall then certifv to the
affidavit printed on the identification envelope, and enclose
the envelope in the return envelope and seal it. After writing
or stamping his name across the seal, he shall deliver the envelope
to the voter to be by him returned to the office of the city clerk-
treasurer.
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Sec. 8-15 Time ballot to be received, affidavit of ahsentee
ballots received; receipt from canvassing board.
(a) All absentee ballots shall, in order that they may
be counted, be received by the clerk-treasurer from the absentee
voter by 3:00 P.M. of the Wednesday following the election. Mailed
absentee ballots must be postmarked on or before the date of
the election: other absentee ballots must be in the possession
of the city clerk-treasurer by the time the polls close on election
day.
(b) The city clerk-treasurer shall complete and
deliverv of an affidavit setting forth the absentee ballots
received and delivered to the canvassing board and which shall also
contain a receipt therefor; as follows:
"AFFIDAVIT
STATE OF ALASKA
ss.
THIRD JUDICIAL DISTRICT
I, , depose and sav: that I am Clerk
of the City of Seward, Alaska; and that the below
listed envelopes provided for absentee ballots are
all of such envelopes received bv me prior to 3:00
P.M. on the Wednesday following election day:
(Name of Elector Shown on Return Address)
City Clerk-Treasurer
Subscribed and sworn to hefore me this
of , 19
day
(Official1s signature)
(Title of officer)
(SEAL)
We and
members of the canvassing hoard of the ,
19 , election, hereby acknowledge receipt of the
above listed envelopes for absentee ballots. Dated
o'clock P.M. this day of
, 19
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(c) Prior to removing the absentee ballot from the
identification envelope, the canvassing board shall compare the
signature of the voter on the face of the identification
envelope with the signature on the application for absentee
hallot. If such comparison causes the canvassing board to
believe beyond any reasonable doubt that the two signatures
were not written by the same person, the absent voter shall be
challenged as provided elsewhere in this chapter.
Article IV. Ballots.
Sec. 8-16 Expense of preparation and distribution.
At all municipal elections to be hereafter held, the
printing and distribution of ballots and instructions to voters
shall be paid for by the city.
Sec. 8-17 Responsibility for printinq and delivery.
For all elections to which this Code applies the city
clerk-treasurer shall have charge of the printing of the ballots
and shall deliver them to the election board preceding the opening
of the polls on election day. Such ballots shall be placed in
separate sealed packages and marks on the outside, clearlv
designating the number of ballots enclosed by their printed numbers,
and a receipt therefor taken from the election board to which
they are delivered, which receipt shall be preserved in the
records of the city.
Sec. 8-18 Form.
(a) The names of all candidates to be voted for shall
be printed on one ballot including all candidates for mayor,
council and such other officials as shall be elected according
to law. preceding the list of candidates for each office there
shall be placed the words: "Vote for not more than three" or
"Vote for not more than one," or such other numbers as are to be
elected to the office in question as the case may be. The ballot
shall contain, under the title of each office and below the
printed names of the candidates for such office, blank lines, equal
in number to the candidates to be elected to such office, upon
which the voter may write the names of persons for whom he desires
to vote and whose names are not printed upon the ballot. When
a voting machine is Used instead of a paper ballot, a vote may
be cast for any person whose name does not appear on the machine.
Such a vote may be deposited, written or affixed in or upon the
device provided on the machine for that purpose.
(b) Nothing in this section shall be construed to
prohibit any voter from writing in the name of a desired candidate
on the blank line provided for that purpose on paper ballots
or by wmiting in the name of the desired candidate on the device
provided for that purpose on voting machines. Such votes which
are written in as provided herein shall be termed "write in" ballots.
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(c) At the top of the ballot, so as to be clearly
visible when folded, shall be printed the words: "Official Ballot
of The city of Seward, Alaska," the date of the election and
a facsimile signature of the clerk who has caused them to be
printed. The ballots shall be of plain white paper, through which
printing or writing cannot be read. The names of the candidates
shall be printed in capital letters, not less than one-eighth of an
inch, or more than one-fourth of an inch in height and at the
beginning of each line in which the name of a candidate is printed
and at the beginning of each blank line provided for write-in
ballot candidates, a square shall be printed, the sides of which
shall be not less than one-fourth of an inch in length. Ballots
shall be numbered consecutively. Candidates' names shall be
rotated in the manner required by state law for state elections.
Sec. 8-19 Specimen ballots.
The city clerk-treasurer shall also have printed a
number of colored specimen ballots for the use of the election
officers and general public, which ballots shall be available
in advance of election day.
Sec. 8-20 Instruction cards.
The city clerk-treasurer shall pu~lish full instructions
for the guidance of voters as to how to obtain the ballots, as to
the manner of marking them and the method of obtaining information,
and as to procuring new ballots in place of any destroyed or
spoiled, and he shall cause such instructions to he printed in large
clear type on cards, and the clerk-treasurer shall'furnish to the
judges of election a sufficient number of such cards of instruction
to enable the election board to comply with the provisions of
this Code.
Sec. 8-21. Defective ballots; unused ballots; ambiguous ballots.
(a) If the voter shall mark more names than there are
persons to be elected to any office, or if for any reason it is
impossible to tell the voter's choice for any office to be filled,
or proposition to be voted on, the ballot shall be considered
"defective" and shall not he counted. No ballot without the official
number thereon shall be permitted to be deposited in the ballot box,
and none but ballots complying with the provisions of this Code
shall be counted. Ballots, no portion of which is counted, shall
be marked "defective" on the back thereof and signed by the judges,
stating why the ballot was not counted and was so marked, and all
such ballots shall be enclosed in the envelope which shall be
marked so as to distinquish its contents.
(b) If, after the polls are closed and before the delivery
of the ballots by the judges to the city clerk-treasurer, any person
shall assert that any ballot is defective and not to be counted,
such ballot shall be marked "objected to" on the back thereof and
the reasons for such objection shall be stated. Election judges
shall then determine whether or not the ballot shall be counted,
in whole or in part, and shall state on the back of said ballot
which portions thereof were not counted and the reasons therefor,
which portions therof were counted and the reasons therefor.
The judges shall then sign the back of the ballot.
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(c) All ballots not voted shall be returned by the
judges of election to the city clerk-treasurer, and receipt taken
therefor. The clerk-treasurer shall keep a record of the number of
ballots delivered at the various polling places, the names of
persons to whom delivered, the time when delivered, and he
shall also enter upon such record the number and character of the
ballots returned, with the time when and hy l..hom returned.
(d) No ballot shall be rejected for the reason that
the purpose of the same is obscure, either as to the person voted
for or the designation of office, if the judges can determine
from an inspection of the ballot as to the person intended to be
voted for, and the office designated.
Sec. 8-22 counting.
(a) As soon as the polls are finally closed, the judges
shall open the boxes containing the ballots cast, and when the same
have been counted and result ascertained the same shall be checked
with the registration list and all ballots replaced to be counted again
as hereinafter provided for. In no case shall a ballot box be
removed from the room in which any election shall be held, until
all the ballots have been finally counted. The counting of ballots
shall in all cases be public. The ballots, after having been
counted and checked as herein provided, shall be taken out carefully,
one by one, by the judges of election, who shall read aloud
the name of each person voted for.
(b) The judges shall write down each office to be filled
and the name of each person to be voted for such office, and they
shall keep the number of votes by tallies as they are read aloud.
Sec. 8-23 Stringing and preserving ballots; scaling; destroying.
(a) It shall he the duty of one of the judges to string
the ballots at the time of the counting, and after all the ballots
have been counted and strung, it shall be the duty of the judges
to place them in a sealed envelope, and to write thereon: "Ballots
of municipal election of the City of Seward, Precinct No. ,
held this day of , 19 ." and to deliver the sealed
envelope to the city clerk-treasurer, who shall deliver the same to
the canvassing board when called for, and otherwise shall keep
the same unopened for one year, to be used on Iv as evidence in
case of contest when called for; and at the end of which time it shall
be the duty of the city clerk-treasurer to destroy the ballots.
(b) It shall be the duty of the city clerk-treasurer,
or his duly authorized representative, to pick up all election
materials, e.g., ballots, tallies, certificates and similar
materials from the election boards immediately following the
conclusion of their duties.
(c) All ballots not voted, and a list of all ballots
spoiled by the voters shall be returned by the judges of election
to the city clerk-treasurer and receipt taken therefor. The
clerk-treasurer shall keep a record of the number of ballots
delivered at the various polling places, the names of persons to
whom delivered, the time when delivered and he shall also enter
upon such record the number and character of the ballots returned,
with the time when and by whom returned.
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Article V. Election Procedures in General.
Sec. 8~24. Identification of voters; challenge; depositing ballot.
(a) The city clerk-treasurer hefore 8:00 A.M. on the
day of election shall deliver to the election officials in every
precinct the state registration index listing those qualified and
registered to vote in such precinct.
(b) Every voter shall sign and date the Election Roll
Book before being given an official ballot. If such election
official believes that the person appearing to vote is not listed
on the registration index, or fails to present proof of voter
registration, such voter shall immediately be challenged.
(c) Any election judge may question any person of doubtful
qualifications attempting to vote and may require identification.
Upon a satisfactory showing that the person is qualified to
vote, the election judge shall allow the person to vote. If
the election judge is doubtful as to the ability of a person to
speak the English language, a satisfactory showing is made by the
person briefly conversing with the election judge by the use of a
few simple English words. If the election judge is doubtful as
to whether there is a physical disability preventing the sneaking
or reading of the English language, a satisfactory showing is made
by a written statement made by a licensed physician that the person
is so disabled.
(d) Every election judge and election clerk shall
challenge, and every other person qualified to vote may challenge,
any person attempting to vote if the challenger has good reason
to suspect that the challenged person is not qualified to vote.
Any challenged person before voting shall subscribe to an oath and
affidavit provided by the city clerk-treasurer, attesting to the
fact that in each particular the person meets all the qualifications
of a voter, that he is not disqualified, that he has not voted in
the same election, and otherwise according to all requirements of
section 10.3(a) of the City Charter.
After the challenged person has taken 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.
(e) Any person who has voted shall deliver his ballot
to the election judges who shall announce such fact and the election
judges shall thereupon deposit the voter's ballot(s) in a sealed
container provided for that purpose.
Sec. 8-24
lies; char e for services
All supplies mentioned in this chapter and necessary for
the use of the voter in preparing and returning his ballot, or
necessary for the use of the election judges or clerks in
connection with their election duties, shall be prepared and furnished
by the clerk-treasurer. No official of this city may make any
charge for services rendered to any voter under the provisions
of this chapter.
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Sec. 8-25 ,Judges and clerks - Appointment; qualifications;
Compensation.
The city election board shall he the election
and appointed by the Kenai Peninsula Borough Assembly.
officers shall he compensated at the rate of pay as set
for the performance of like duties at state elections.
board selected
Election
by the state
Sec. 8-26 Same - Oaths; duties of judge inspector.
(a) The judge inspector so chosen in each precinct shall
appear before the city clerk and shall take the oath set forth
herein, and he in turn shall administer the same oath to all
other board members in his precinct. The oath administered
shall be as follows:
"I, , do solemnly swear (or affirm)
that I will honestly and faithfully perform the duties of judge
(or clerk) of election according to law; that I will assiduously
endeavor to prevent fraud, deceit, or abuse in conducting the
election, to the best of my ability, SO HELP ME GOD."
(b) He shall act as chairman of the election board. He
shall be responsible for the securing of all supplies from the city,
for the instruction of all other election board members, and shall
be present at the canvassing of the ballots.
Sec. 8-27 Hours of voting.
The polls in each voting precinct shall be open from 8:00
A.M. until 8:00 P.M. on all election days for the purpose of
voting.
Sec. 8-28 Voting booths; supplying ballot boxes.
(a) It shall be the duty of the city clerk-treasurer to
cause to be erected in the polling places designated by the council,
a sufficient number of booths, which shall be supplied with such
supplies and conveniences as will enable the voter to mark his
ballot for voting and in which the voter may prepare his ballot
screened from observation. Each such booth shall have three sides
enclosed.
(b) A ballot box shall be provided for each type of
ballot. The ballot boxes shall be within plainview of the election
officers and voters and persons within the polling place,
outside of the booths.
(c) The expense of providing booths, and other things
required to he furnished by this Code shall be paid in the same
manner as other election expenses.
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Sec. 8-29 Voting procedure; depositinq ballots; replacing spoiled
ballots; assistance to voters.
(a) Any person desiring to vote shall give his name to
the election board and sign the election poll book. The judges
shall give the voter one and only one ballot of each type.
(b) Upon receipt of the ballot the voter shall forthwith
retire along to the voting booth provided, and shall prepare
his ballot, by marking in the appropriate box opposite the name of
the candidate of his choice or by writing in a candidate's name
on a blank line and marking in the appropriate box; provided, that
such voter shall not vote for more than the proper number of candidates
for each office to be elected thereto. Before leaving the voting
booth the voter shall fold his ballot in such a manner as to show
and display the number thereon. He shall then hand the same to one
of the judges of election who shall examine it, and if found to be
correctly numbered, shall deposit it in the ballot box, after
tearing off the printed number thereon.
(c) He shall mark his ballot without undue delay. No
person shall take any ballots from the polling places before the
closing of the polls. Any voter who shall through accident or
mistake mutilate or spoil the ballot given him, shall upon returning
same to the judges receive another in place thereof, with the maximUM
of three, and the board shall record the number of, the condition and
disposition of the mutilated or spoiled ballot and destroy it
immediately without examining it. Any voter who is. blind or otherwise
incapable of marking his ballot may demand that the judges of
election assist him, whereupon the judges of election shall do so.
Sec. 8-30 Exhibiting and closing ballot boxes; closing polls.
Before receiving any ballots the election board must, in the
presence of any persons assembled at the polling place, open,
exhibit to those present and close the ballot boxes; thereafter the
ballot boxes must not be removed from the polling place or
presence of the bystanders until all ballots are counted, nor may.
they be opened again until the polls are finally closed. Thirty
minutes before the closing of the polls on the day of election
one of the jUdges shall proclaim the time remaining before the polls
shall close, and when the polls are closed the fact must be announced
aloud, and after such proclamation no ballots shall be received
except those of qualified electors present at the polls. at the
time for closing and waiting to vote.
Sec. 9-31 Certificates of return.
(a) 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 office for
which he received the votes. The certificates shall be signed by
the election board members.
(b) If the results of the above certified statement of
number of votes received shows two or more candidates tied in having
the highest number of votes for the same office fOr which there
~s 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.
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(c) The certificate or certificates, with the registration
list, tallies or talleypapers, oaths 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-treasurer.
Sec. 8-32 Canvass of return; resolving of tie vote.
(a) On the first Wednesday after each election the city
council shall meet and canvass all election returns. The canvass
may be postponed for cause from day to day but not exceeding three
postponements.
(b) The canvass of all election returns shall be made
in public by opening the returns and compiling the number of votes cast
as certified by the election board for each candidate and for and
against each proposition voted upon at such election, by counting
absentee ballots, and by revie", of ballots marked "Objected to" or
Defective" in accordance with this chapter, and by counting or. failing
to count the same as the canvassing board shall determine. If
a tie vote exists and only one of the candidates so tied may hold
office under the laws establishing the office voted for, the tie
shall be broken by lot conducted by the city council at the meeting
held for the canvassing of the votes. If no contest be initiated
under the provisions of the next following section, or if such
contest be held and determined, the result of the election shall
be publicly declared by the council and entered upon the records of
the minutes of such meeting.
(c) The records of the meeting shall show:
(1) The numher 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.
(4) The number of votes cast for each candidate and
for and against each proposition voted at such election.
Sec. 8-33 Contest of election.
(a) Any person who believes that prohibited practices
occurred at an election shall appear before the city council at the
meeting held on the first Monday following the election and deliver
a written notice of contest signed under oath, whrein shall be
stated the grounds of contest and citation of all alleged prohibited
practices.
"NOTICE OF ELECTION CONTEST
"The undersigned believes that
practices occurred or material
election held on
the following prohibited
error was made in the
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"The undersigned states that tle following persons violated .
in the following manner:
or
"The undersigned believes the follml7ing material error
was made:
(person contesting)
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"Subscribed and sworn to before me this
, 19
day of
"Notary Public for Alaska."
(b) Upon receiving such notice of contest, the council
may investigate, may order an investigation to be made by the city
clerk-treasurer, city manager or city attorney, or may determine
that no investigation is necessarv. The contestant, the person whose
election is contested and the public shall be allo'l7ed to attend
all investigation proceedings which shall be conducted publicly.
(c) If the contestant demands only a recount of the ballots
cast at such election, the investigation, to he conducted in
accordance with the foregoing paragraph, shall be limited to its
scope to a recount of the ballots cast in the precinct or precincts
where the error was allegedly made.
The contestant shall pay all costs and expenses incurred
in any recount. If the contestant's charges are sustained, no charge
shall b 1 made to him for the recount and any charges he paid for
that purpose shall be returned. Any person demanding a recount
of ballots as provided herein shall post a cash bond in the amount
of one hundred dollars guaranteeing payment of the cost of recount
as surety for such costs. If the final recount shows an error
creating an erroneous result, this bond shall be refunded in full.
(d) In the event of investigation proceedings co.nducted pursul
to this section, the council shall determine the cost upon which such
investigation is held.
Sec. 8-34 Certificate of election.
The city council shall authorize the city clerk-treasurer
to make out and deliver to every person elected, a certificate of
election signed by the clerk-treasurer and mayor and authenticated
by the c~rporate seal of the city.
Sec. 8-35 Oath of office.
All officers elected before entering upon the duties
of the office shall take and subscribe the following oath and affirm-
ation:
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"I, , do solemnly swear (or affirm)
that I will support the Constitution of the united States, and
the Constitution of the State of Alaska, and the laws and ordinances
of the City of Seward, Alaska, that I will faithfully and
honestly perform the duties of the office of
SO HELP ME GOD." (Ord. No. 306)
Sec. 8-36 Prohibited election practices.
The provisions of Alaska Statues, Title 15, chapter 55
are adopted and those acts made unlawful in that cha?ter are
hereby made unlawful acts within the scope of this chapter. The
listing of prohibited practices elsewhere in this chapter shall be
oeemed supplementary to the state law and the actions hereafter
made unlawful shall be deemed unlawful even though not specifically
mentioned in state law.
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Sec. 8-37 Procedure for nomination for elective office.
(a) Nominations for elective offices shall be by petition
only.
(b) To be eligible to file a nominating petition for
election to a city office a person shall be an elector of the city
and shall have been a resident of the city or of the territory
annexed to the city, or shall have had a combination of residence
in the city and in the annexed territory for a period of not less
than one year preceding the date of filing of such petition.
Such petition shall be signed by at least ten electors, l~ho shall
be designated as sponsors. No elector shall sign more than one such
petition, except as to councilmen, in which case as many petitions
may be signed as there are vacancies for the position of councilman,
and should an elector sign more than the permissible number of
petitions, his signature shall be void as to any petition filed
subsequent to the filing of petitions in such number bearing his
signature. with each signature shall be stated the place of residence
of the signer, giving the street and number or lot and city
block or other description sufficient to identify it. Nominating
petitions shall be signed and filed with the city clerk-treasurer
not earlier than forty (40) days nor later than twenty (20) days
before the election. Otherwise, they shall be unacceptable. They
shall be in substantially the following form:
"NOMINATING PETITION
"Ne, the undersigned electors of the
city of Seward, Alaska, hereby nominate and sponsor
(full name of nominee) , whose residence
is (street or lot and block)
for the office of (Name of office)
to be voted for at the election to be held on the
day of , 19 ; and we individually certify
that our names presentry-ippear on the rolls of registered
voters, that we are qualified to vote for a candidate
for an elective municipal office, and that we have
not signed any other nominating petition for the particular
office this candidate seeks, except in case of councilman,
where we understand we can sign as many petitions as
there are vacancies for the position of councilmen.
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Name
Street & House
Numl)er or lot
& Block
Address from
which last
Registered
Date of
Signing
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"ACCEPTAnCE OF NOMINATION
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"I hereby accept the nom.ination for
"I hereby certify that I possess the requirements for
holding this office and agree to serve if elected.
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(signature of candidate)
"Date and hour of filing:
"This Petition is filed by
,
whose address is
"Received by
City Clerk."
(c) Any candidate may l'lithdraw his nomination not
later than the last day for filing nominating petitions by filing
a wmitten notice of withdrawal with the city clerk-treasurer.
(d) Not later than the close of business on the following
city working day after the filing of a nominating petition, the city
clerk-treasurer shall notify the candidate and the person who filed
the petition whether or not it is found to be signed by the required
number of qualified electors. If insufficient, the city clerk-treasurer
shall return it immediately to the person who filed it with a .
statement certifying wherein the petition is found insufficient.
Within the regular time for filing petitions, a new or supplemental
petition may be filed for the same candidate. The petition of
each candidate nominated to elective office shall be preserved by
the city clerk-treasurer until the expiration of the term of office
for which he was nominated.
This ordinance takes effect immediately upon passage and
approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this ..il.- day of August , ~9 75 .
CITY OF SEWARD, ALASKA
By
/~:Jc~j t1, 1/~ .
Mayor
FIRST READIN(;: July 14, 1975
SECOND READING: July 28, 1975
ADOPTION: . . . ,..,kU?;ust 11, 1975
AYES: ...,:(1" '!"';~':~'~loud Dague, Oldmv, Getman and Hulm.
NOES: " .' :. ." !'i.~"N, E'
ABSENT: Neve' ~nd Lutz.
Approved as to Form:
fiUGHES, THO'RSNESS, LONE,
GANTZ & POWELL, Attorneys
for the City of Seward
By
Kenneth P. Jacobus
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