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HomeMy WebLinkAboutOrd1958-288 r- ORDINANCE NO. c2 g g AN ORDINANCE ESTABLISHING ELECTION PROCEDURES WITHIN THE~ CITY OF SEWARD, ALASKA, AnD l1EPBl\.I.INC ORDBilllNrl': HO. . ~.s:i Section 3.100 General Election There shall be a general annual city election in the City of Seward, Territory of Alaska, on the first Tuesday in October of each year for the purpose of electing such officers of the City of Seward as are now, or which may hereafter be by the laws of the Territory of Alaska, and the Ordinances of said City of Seward, designated and made elective; also for the purpose of electing a member of the school board of the Seward, Alaska Schoo' District. (b) The Common Council may order a special election to be held at any time for good cause shown, or the happening of any exigency by virtue of any law of the Territory of Alaska or the ordinances of said City of Seward. All such special elections held shall conform in all respects with the provisions contained in this ordinance. Section 3.101 Officers and Tenure of Office. (a) At each annual election there shall be elected by the qualified electors of said City of Seward, all officers required under the laws of the Territory of Alask a governing municipali- ties. (b) All officers so elected shall hold their respective offices for the term prescribed by law, and until their successor are elected and qualified, unless otherwise removed from office as is prescribed by law. Section 3.102 Qualifications of Electors (a) The qualification of an elector shall be as follows: Those persons who are citizens of the United States over the age of twenty-one, who are bona fide residents of the Territory of KAY 8: BUCKALEW Alaska, and who have been such residents continuously during the LAW OFFICES MASONIC BUILDING -1- ANCHORAGE,ALASKA TEL. 58491 r~ KAY &: BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE, ALASKA TEL.. 58491 entire year immediately preceding the election and who have been such residents continuously for thirty days next preceeding the election within the corporate limits of the City of Seward, who are able to read the Constitution of the United States of America in the English language, and to vITite the English language, and who register as herein required. (b) Provided, however, that in the case of an elector vot- ing for a member of the Seward School Board, the qualifications shall be only that he or she shall be a citizen of the United States, and a bona fide resident of the said School District. Howard et al v. City of Seward et al 11 A 527, 1943. Pla~ntiff sought to enjo~n the city from issuing and sell~ng revenue bonds to purchase a wharf and mar~ne way from the War Assets Adm~n~strat1on. He contended that an aff~rmat~me vote of a maJor~ty of all the qual1f~ed voters ~n the c~ty was requ1red and that less then a maJor~ty of such voters approved the bonds. The court rev~ewed the leg~slat~on ~nclud~ng comm~ttee reports of Congress. The judge found that prev~ous to 1~0o the approval of Congress was necessary before a munlc~pal~ty m1ght bond ~tself. However, ~n 1936 Con- gress author~zed mun~c~pal~t~es to ~ssue general obl~- gation bonds on approval of 65% of the qual~f~ed electors of the last tax assessment rolls. In 1939 this act was amended to requ~re that 65% of the votes actllally cast by the qual~f~ed electors whose name appeared on the latest tax assessment roll. The court then construed the act author~z~ng ~ssue of revenue bonds on maJor~ty vote of the qual~f~ed voters. Quali- f~ed voters was taken to mean not only those qual~fiea-- and ent~tled to vote but those qua11f~ed and actually vot~ng. The- ~nJ unct10n was denied. - Section 3.103 Every Elector to Register (a) The city clerk is hereby designated the registrar of the City and he shall keep a permanent registration index on alphabetically arranged cards of all qualified electors who have registered. (b) All persons, before voting at any general or special election in the City of Seward, must register as hereinafter prO- vided in this section, provided, however, in case of voting for members of the school board, all voters having the requisite qualifications shall be allowed to cast their ballot without hav- ing previously registered. -2- ...,........=. ._-- ,,'. -- KAY 8: BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 58491 (c) All persons desiring to vote for officers other than a member of the school board must register prior to 10:00 p.m. of the Saturday preceeding the election. u. 3. v. Bowden, 166 F2d 701, 11 A 503, lJ48. Act10n brought by the United States to oust the defendant as mayor and other elected to office at a municipal elec- tion. Ordinance 51 oT-Anchorage required pre-registratIOn of voters. Despite the ordinance, 653 persons not reg1s- terod were allowed to vote. The d1str1ct court held or- d1nance 01 1nval1d. On appeal the court held that the Organ1c Act gave the Legislature power to act on all rIgntful subjects.of Le~ation. That statute confer- ring upon mun1cip"ali ties the power to make sui table pro- vision for munlcipal election was 1nva11d. The court OI:appeals therefore susta1ned the ord1nance and held that actd1-tional qualificat10Us could be required beyond those se_~__out under sections 48 USCA 51 et seq. Section 3.104 Registration - Signing cards; Affidavit, Filing caras; form. Every person registering under the provisions of this chapt r shall personally sign an original and duplicate registration card and subscribe to an affidavit of registration under oath before the city clerk-registrar, who is hereby empowered to administer oaths for this purpose. The designated assistants of the city clerk-registrar are further en~owered to administer such oaths. The original registration card shall be signed in the office of the city clerk and the duplicate card shall be alphabetically filed in a card index to be used in the elector's voting precinct as hereinabove provided. Registration cards shall be on forms approved by the city council. Section 3.105 Times of Registration; Days books closed. The registration of electors shall be carried out at all times during the regular office hours of the city clerk-registrar except the city clerk-registrar may extend registration until ten p.m. However, there shall be no registration within five days of any general or special election, said five days to include Sunday and holidays. -4- KAY at BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 56491 Section 3.106 Notice of Registration, etc. The registration cards shall at all times be kept in the office of the said municipal clerk. Immediately after the taking effect of this ordinance, and thereafter on the first Monday of August of each year, it shall be the duty of the municipal clerk and ex-officio registration officer to cause to be published in the official newspaper of the City of Seward, or if there be no official newspaper designated by the common council, post or cause to be posted in at least three conspicuous places within the City of Seward, a notice which shall state the time and place of registration for the annual election to be held on the first Tuesday in October and the duration thereof; the qualification of electors; the time and place of election as well as the purpose for which such election shall be held, which said notice shall be substantially in the following form: "Notice is hereby given that at the hour of ten o'clock a.m. on the day of ____, 19___, the registra- tion cards of the City of Seward will be open at the office of the municipal clerk for the purpose of register- ing all qualified electors, twenty-one years or over, who are citizens of the United States of America and who are bona fide residents of the Territory of Alaska, and who have been such residents continuously during the entire year immediately preceding the election and who have been such residents continuously for thirty days next preceding the election within the corporate limits of the City of Seward, who are able to read the Constitu- tion of the United States of America in the English language and to write the English language. All electors must, before voting, register their names and qualifica- tions with the registration officer. The registration cards will be opened every day, except Sundays and holidays, beginning -4- r , KAY'" BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE, ALASKA TEL. 58491 19 ,during the following hours: Til the Friday next preceeding the first Tuesday in October, from 10:00 a.m. to 3:00 p.m. That said registration cards will be closed at 10:00 o'clock p.m. Saturday, 19 That said election will be held on the first Tuesday in October for the purpose (state Purpose) Dated at Seward, Alaska, 19 Municipal Clerk In case of special election, the municipal clerk shall give like notice therein specifying that registration will close two days next preceeding such special election. Section 3.107 Elector to Produce Evidence If the voter about to register is of foreign birth, he shal at the time of registering produce satisfactory evidence to the registration officer that he is a naturalized citizen of the United States. Section 3.108 Signature of Voter The voter so registered under the provisions of this ordin- ance shall sign his or her registration card and the number of the lot or block, or number of street where applicant resides, or such definite description as is sufficient tc locate the resident In case the voter shall be unable to ,ITite his or her name, or in case of physicial infirmity, the voter be unable to write his or her name, he or she shall on the left hand margin of said registr - tion card make his or her mark in the presence of some person who personally knows said voter, and is known to the registration officer, and who is capable of \ITi:ting his own name as a witness to the said signature by mark, directly opposite or near the -5- i KAY Be BUCKALEW LAW OFFiCES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 59491 same. It may be done in tbis form: His John X Doe Mark Witness to signature: J ames Roe Section 3.109 To Register Voter Must Appear in Person; Registration not Conclusive; Registration Officer to Administer Oaths and to Certify Registrat~on Cards. (a) ria person shall be registered unless appearing in per- son before the registration officer during office hours or such hour as designated in notice given by the Municipal Clerk and ex- officio Registration Officer. (b) No person shall be entitled to vote at any election in the City of Seward (save for member of the school board) who is not registered according to the provisions of this ordinance. Such registration shall not be conclusive evidence of the right of the registered person to vote, but such person may be challeng- ed and required to establish their right at the polls in a manner as is required. (c) The Registration Officer is hereby empowered to admin- ister all necessary oaths in examinations of an applicant for registration, or any witness or witnesses called in behalf of suc applicant in order to ascertain the right of such applicant to be registered under the provisions of this ordinance. (d) It shall be the duty of the registration officer immed- iately upon the close of registration, preceeding any general or special election, to certify to the correctness of the original register, and shall, before the opening of the polls at such gen- eral or special election, deliver the registration cards to the inspector or one of the judges of election, and take receipt therefor. Section 3.110 Notice of Election That twenty days before any annual or special election the Municipal Clerk shall publish for one week in the official paper -6- r , KAY" BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 58491 of the City of Seward, or post or cause to be posted, in three conspicuous places within the City of Seward, notice thereof, which said notice may be substantially in the following form: "Notice is hereby given that on the day of 19 , there will be held in the City Hall in the City of Seward, (or such other place as may be de- signated by the COllUuon Council), an election for the purpose of (state purpose). The polls for said election will be opened at eight o'clock a.m. on that day and will close at seven o'clock p.m. on the same day, and all qualified electors of the City of Seward who have registered, as in this ordinance provided, will be entitled to vote at said election. Dated this 19 " day of Municipal Clerk Section 3.111 Officers of Election It shall be the duty of the Common Council to appoint from the qualified electors of the City of Seward, three judges of election, one of whom shall be designated inspector, who shall constitute the Board of Election, and two clerks whose duty it shall be to enter on separate poll lists the names of each electo receiving a ballot, numbering each name as it is taken down. The inspector, judges and clerks aforesaid of election, shall before entering upon the discharge of their separate duties severally take and subscribed the oath or affirmation hereinafter directed, which shall be administered by any officer authorized to administer oaths in the Territory of Alaska, and such oath or affirmation may be in substantially the following form: " I, , do solemnly swear (or affirm) that I will honestly and faithfully perform the duties of my -7- KAY B< BUCKALEW LAW OFFICES MASONIC eUILDING ANCHORAGE. ALASKA iEL. 158491 trust; that I will perform the duties of (judges or clerks 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. Subscribed and sworn to before me this day of 19 (Official Title) Any member of the Board of Election shall have the power to and shall administer and certify oaths required to be administer- ed during the progress of any election. The Board of Election shall have the power to fill any vacancy which may occur in the board, or in the clerkship during the progress of any election. Section 3.112 Opening and Closing of the Polls The polls at any annual or special election shall be open- ed at the hour of eight o'clock a.m. of the designated day, and shall be kept open until seven o'clock in the evening of the same day. Immediately before the opening of the polls the Election Board must, in the presence of any person or persons assembled at the polling place, open, exhibit, purge and seal the ballot boxes and thereafter they must not be removed from the polling place or presence of the bystanders untilthe ballots are counted, nor shall they be opened until after the polls are finally closed. Immediately after opening the polls and before receiving any ballots, the inspector or one of the judges shall proclaim in a loud voice from the floor of the polling place that the polls of such election are opened and thirty minutes before the closing of the polls, the inspector or one of the judges shall make publi proclanlation that the polls will close in half an hour; when the -8- r polls are finally closed the fact must be proclaimed aloud at the polling place, and after such proclamation no ballots must be re- ceived. Section 3.113 Poll Book, Tally Books, Etc. The Board of Election shall keep and be responsible for the poll lists, tally lists, and registration cards,whichshall be re- turned to the Municipal Clerk with the election returns. Judges of Election, on the morning of the election and before the opening of the polls, shall receive registration cards containing the names of electors registered and shall also receive from the Muni- cipal Clerk the necessary poll list, tally books, and all other books and papers necessary to be a complete record of the votes cast and the resultant count thereof at such election. An appro- priate receipt shall be signed by the judges acknowledging receipt of the registration cards and other election materials. Section 3.114 Ballots All ballots prepared under the provisions of this ordinance shall conform to the following requirements: First. Shall be on white paper of a good quality and of uniform grade, and the names shall be printed in black ink. Second. Every ballot shall contain the name of every candi- date whose nomination for any office specified in the ballot has been filed according to the provisions of this ordinance, and no other names. Third. Under the designation of the office if more than one candidate is to be voted for, there shall be indicated the number of such candidate to such office to be voted for at such election. Fourth. The candidates n~le shall be placed in alphabetical order under the designation of the office for which nominated. At the end of each list of candidates for each office, there shall be provided one blank space for as many candidates as may be voted LAW OFFICES for to fill such office, upon which blank spaces may be written KAY Be 8UCKALEW MASONIC BUILDING ANCHORAGE. ALASKA TEL. 58491 '" -.;.1- KAY 8r: BUCKALEW J...AW OFFICES MASONIC BUlL-DING ANCHORAGE, ALASKA TEL. 58491 with pencil the name of candidates or persons whose n~nes are not printed thereon. Pifth. The ballots shall be headed: "Official Ballot" of the City of Seward, and at the top thereof above a perforated line, shall be duplicate stubs bearing consecutive numbers; one of said stubs to be retained by the Election Judges upon present- ing the ballot to the voter; and the other stub to be torn from the ballot by the Election Judges and compared and retained upon the return of the voter from the voting booth, and in preparing said ballot the Municipal Clerk shall follow a form substantially as hereinafter provided, which said official ballots the Municipa Clerk shall cause to be numbered consecutively beginning with the number One (1). Sixth. At the top of the ballot shall appear the following instructions to the voters: "Mark X in the square at the right of the name of the candidate for whom you desire to vote. If names of candidates for whom you desire to vote do not appear on the ballot, insert with pencil in blank spaces." Provided, however, that all ballots prepared for the elec- tion of members of the School Board shall be sepa~e and distinct from the regular Muriicipal Ballot, and of a different color, and all ballots cast for candidates of such School Board shall be kept in a separate ballot box designated and marked "School Board" . All ballots used in any annual, special or school election shall be furnished to the Election Board by the Municipal CIerI\: who shall prepare and have them printed at the expense of the city. In preparing the said ballots the Municipal Clerk must in all respects conform to the provisions of this ordinance. The said Municipal Clerk shall furnish to the Judges of Election at least one hundered (100) official ballots for each fifty (50) -10- ~ KAY a BUCKALEW LAW OFFICES MASONiC BUILDING ANCHORAGE,ALASKA TEL.. 58491 voters registered for such election, and also shall furnish, upon tinted paper, sample ballots on which shall be printed in large type nSample Ballot". The same number of sample ballots as official ballots shall be printed. The said sample ballots, save for color, shall be exact reproduction of the official ballot. The said sample ballots shall be posted or distributed in conspicuous places at any time on or before the date of election by the Municipal Clerk or by the Judges of Election. Section 3.115 Names of Candidates on Ballots. That names of all candidates for office, to entitle them to a place upon the official ballot, shall be filed with the Munici- pal Clerk at least seven days prior to the election. Such name or names shall be accompanied by a petition signed by at least twenty qualified voters of the City, or the candidate or candidat s shall have been nominated at a public meeting of the electors of the city called for the purpose of making nominations, and be certified by the chairman and clerk, or secretary of such meeting United States ex reI. Milot v. Maynard, 6 A 208, 1919 COntest for the off~ce of counc~lman arising out of a mun~c~pal elect~on. The court held that sUfferage was a pr~v~lege conferred by law. The leg~slature has del- egated to mun~c~pal~t~es power to regulate the elective franch~se. Ord~nances enacted under th~s delegation of power prov~de the exclus~ve method by which cand~dates may stand for off~ce. Here no r~ght was g~ven to any voter to wr~te ~n the name of another candidate. - Section 3.116 Form of Ballots. OFFICIAL BALLOT CITY OF SEWARD Mark X in the square at the right of the candidate for whom you desire to vote. If names of candidates for whom you desire to vote do not appear on the ballot, insert with pencil For Councilmen. (Vote for three) Smith, James Brown, Charles Doe, John Add three more blank spaces for names of candidates not on ballot. -11- r I KAY & BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 58491 The municipal clerlc shall place upon such ballots the names of all candidates which have been filed in his office within the time specified herein for any additional municipal offices that may hereafter be created elective by the act of the legislature of the Territory of Alaska. Section 3.117 Ballot Boxes; Polling Places. (a) There shall be two ballot boxes provided by the Munici be deposited only Municipal ballots and the other ballot box pal CIerI;:. One of which shall be marll:ed "Municipal" in which sha marl::ed "School Board" in which shall be deposited only the ballot cast for members of the School Board. (b) The City Hall is hereby designated as the polling plac , and all elections for the City of Seward shall be held at said hall unless the Council shall designate some other place for ing such election; and it shall be the duty of the Municipal Clerk to provide therein a sufficient number of places, booths, or compartments which shall be furnished with the necessary suppl"es and conveniences to enable the elector to conveniently prepare hi or her ballot for voting, screened from observation. Section 3.118 Delivery of Ballot to Elector At such election it shall be the duty of the Inspector or one of the judges of election to deliver ballots to the qualified electors. Any elector desiring to vote shall give his or her name to the inspector or other judge of election, who shall then, in an audible tone of voice, announce the same, whereupon a chall enge may be interposed, and if the challenge be overruled, the inspector or other judge of election shall give the elector a ballot, at the same time calling to the clerks of election the number of such ballot. It shall be the duty of such clerks to transcribe the name of the elector in the poll books, and against such name the number of the ballot delivered to the elector. -12- ~-- KAY Be BUCKALEW LAW OFFICES MASONIC BUILOI NG ANCHORAGE,ALASKA TEL. 56491 Section 3.119 Preparation of Ballot When a voter shall by accident or mistal{e spoil a ballot, on the return of said spoiled ballot, the voter may receive anoth r in lieu thereof from the inspector or other judge of election, an if necessary a third ballot, but no more than three will be allow ed under any circumstances. The spoiled ballots must be preserve by the judges of election and placed with the unused ballots. Upon receipt of the ballot, the elector shall forthwith, and without leaving the polling place, retire alone to one of the places, booths or compartments provided to prepare the ballot. Before leaving the booth or compartment the elector shall fold th ballot in such manner that the number of the same shall appear on the outside thereof, without displaying the marks on the face or inside, and shall keep it folded until he or she has voted, havin folded the ballot, the elector shall deliver it folded to the in- spector or other judge of election, who shall in an audible tone of voice repeat the name of the elector and the number of the bal lot. The election clerks having charge of the p~ll books, shall, if they find the number marl.ed opposite the electors name on the poll books to correspond with the number on the ballot handed to the inspector or other judge of election, mark opposite the name of such elector the work "voted", and one of the clerks shall call back, in an audible tone, the name of the elector and the number of his or her ballot. The inspector or other judge shall separate the slip containing the number of treballot, therefrom, and shall then deposit the ballot in the ballot box. The numbers so removed from the ballot shall be immediately destroyed. No more than on person shall be permitted to occupy anyone boothat any time, and no person remain in or occupy a booth or compartment longer than may be necessary to prepare a ballot, and in no event longer than five minutes. Provided, however, that any voter who is blind or physically disabled to prepare the ballot, -13- may demand that the judges of election assist in the preparation thereof, and in that case, the election judges shall assist. In toxication shall not constitute physical disability. Section 3.120 Void Ballots not to be counted In the canvass of the votes, any ballot or parts of a ballo from which it is impossible to determine the electors choice shal be void and shall not be counted; provided, that when a ballot is sufficiently plain to gather therefrom a part of the voters inten tion, it shall be the duty of the judges of election to count sucl part. Section 3.121 Electioneering Prohibited No officer of election shall do any electioneering on elec- tion day. No person shall do any electioneering on election day within the polling place or within the building, or within one hundred (100) feet thereof, nor obstruct the door, or entry thereto, or prevent free ingress or egress from said building. Any election officer, marshal or other peace officer is hereby authorized and empowered, and it is hereby made his duty to clear the passageway and prevent such obstruction, and to arrest any person creating such obstruction, or in any way violating this section. Section 3.122 Challenging Votes Any person offering to vote may be challenged as unqualifie by the inspector or either of the judges or by any legal voter, and it shall be the duty of the inspector and each of the judges to challenge any person offering to vote whom they shall know or suspect not to be duly qualified as an elector. When any person offering to vote is challenged, it shall be the duty of the judges to declare to such person the qualification of an elector, and the inspector or one of the judges shall him the following oath: "You do solemnly swear (or affirm" that KAY 80 BUCKALEW LAW OFFICES you will truly and fully answer all questions as shall be put to MASON.IC eUILDING ANCHORAGE. ALASKA TEL. 58491 -14- r"'" KAY 6: BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE, ALASKA TEL. !5849\ ,~....;,..,..~~, you touching your place of residence and qualifications as an elector." The inspector or one of the judges shall then proceed to question the person challenged in relation to his or her name, place of residence, how long a resident of the City of Seward and Territory of Alaska, also as to citizenship, whether a native or naturalized citizen, and all such other questions as shall tend to test the voter's qualifications as to citizenship and the right to vote. If any person shall refuse to take the aforesaid oath, when so tendered, or to answer any and all pertinent questions as to qualification, the vote shall be rejected; and if the judges are satisfied, from such answers aforesaid, that such person is not a legal voter, they shall reject the vote. If any person shall take the oath as tendered by the judges and no evidence is offer- ed to traverse the same, by the officer or party challenging, and shall otherwise comply with the requirements of law regulating the balloting, such vote shall be admitted. Section 3.123 Counting Votes; Clerk to Tally (a) As soon as the polls are closed on the day of election the judges shall open the ballot box and commence counting votes. The counting of the ballots shallin all cases be public. The ballots shall be taken out carefully one by one, by the in- spector or one of the judges, who shall open them and read aloud the name of each person contained thereon, and the office for which every such person is voted for. (b) Each clerk shall write down each office to be filled and the name of each person voted for such office, and shall keep the number of votes by tallies as they are read aloud by the in- spector or judges. The counting of the votes, once begun, shall be continued without adjourned until all are counted. -15- KAY 6: BUCKALEW LAW OFFICES MASONIC BUILOING ANCHORAGE,ALASKA 1'EL. 5849\ Section 3.124 When Ballots shall be Rejected If two ballots are found folded together they shall both be rejected, and if more persons are designated on any ballot for any office than are to be elected to such office, such part of th ballot shall not be counted for any of them, but no ballot shall be lost for want of form, or mistakes, in initials of names, if the board of judges can determine to their satisfaction the perso voted for and the office intended. Section 3.125 Disposition of Ballots It shall be the duty of the inspector, or one of the judges, to string the ballots at the time of counting, and after the ballots have been counted and strung it shall be the duty of the inspector or one of the judges to place them in a sealed envelope and write thereon "Ballots of the City of Seward~' Terri tory of Alsaka of election held this 19 " and day of send said envelope to the Municipal Clerk, who shall keep said envelope containing said ballots unopened for the period of six months, to be used only as evidence in case or cases of contest when called for, at the end of which time it shall be the duty of said municipal clerk to burn said ballots in the presence of two municipal officers as witnesses thereto, and malte and leeep a memo- randum in \witing to these facts. Section 3.126 Making out Election Returns As soon as all the votes are read off and counted, a certi- ficatc shall be drawn upon each of the papers containing the poll list, and tallies, or attached thereto, stating the number of votes each person voted for has received and designating the offic to fill which he was voted for, which number shall be written in words at full length and also in numerals. Each certificate shall be signed by the clerk, the judges, and inspector; said certificate with ballots, poll lists and tally papers, oath of inspector or one of the judges, and endorsed -16- r KAY & BUCKALEW L.AW OFFICES MASONIC BUILDING ANCHORAGE. ALASKA TEL. 58491 !'Election Returns", and delivered to the Municipal Clerk. Section 3.127 Del~veryof the Returns The said package shall be delivered to the municipal clerk by one of the judges or clerlm of election in person. T.lly paper , poll lists or certificates returned from any election shall not be set aside, nor rejected from want of form nor on account of not being strictly in accordance with the directions of this ordinance, i:Z the same be satisfactorily understood. Section 3.128 Canvass of the Votes; Certificates of Election. (a) On the next day after each election, at the hour of four o'clock p.m., the common council shall meet for the purpose of canvassing the votes cast at such election, and it shall be the duty of the municipal clerlc and two members of the council to be appointed by the mayor at such meeting to then and there canvass the votes so cast at such election, such canvass to be made from the tallies so certified by the election, judges and clerl.s. After the canvass is so made by the said canvassers, the common council shall declare the results of such election and spread the results upon the minutes of the proceedings. (b) The person having the highest number of votes given for each office to be filled shall be declared duly elected, and the municipal clerk shall i~nediately notify the person so elected, and it shall be the duty of said municipal clerk to make out and deliver to any person so notified a certificate of election upOn request therefor by the person so elected. Territory ex reI Harrison v. Holt Mayor et al 6 A 259, 1920 Election contest in which Pearson had 107 votes, Harrison 10S and Rice 109. Election judges had not opened or counted one ballot finding that the voter was not eligible to vote. The court held that the uncounted ballot was a matter for the courts ~f a challenge were made. The can- vass~ng board cannot review the act~ons of the elect~on off~c~als Ior the board ~s not a Jud~c~al body and can m~erc~se no jud~c~al Iunct~ons. The board is controlled solely by the face ot the return. All author~ty ~s uni- form ~n hold~ng that the canvassing board cannot revise -17- t KAY 8< BUCKALEW LAW OFFICES MASONIC BUILDING ANCHORAGE,ALASKA TEL. 58491 t;.lC judGment of the election board in rejecting a [lallot and thus pass upon the qualifications of a voter a second t1me. Section 3.129 Tie Votes If any officer so voted for shall not be elected by reason of two or more persons having equal and highest number of votes for one and the same office, the municipal clerk shall give notic to the several persons so having the highest and equal number of votes to attend at the office of the municipal clerk at a time to be appointed by the said municipal clerk, who shall then and ther proceed before at least two members of the common council and pub licly to decide by lot which of the persons so having an equal number of votes shall be declared duly elected, and the said mun- icipal clerk shall make out and deliver to the person thus declar d duly elected a certificate of election, as hereinbefore provided. 3ection 3.130 Vacancy in Council In the event that anymember has failed to attend the meetin s of the common council for a period of ninety continuous days of his term, the common council may declare a vacancy therein and the same shall be filled by the common council, the person chosen to fill such vacancy, holding until a successor is elected at the next annual election and qualified; provided, that vacancy may also be created by the resignation of any member in writing duly accepted by tlY:! council, and provided further; that a vacancy shall also be declared if a member die, or if a person elected a member of the cooonon council fail or refuse to qualify within thirty days after his election. In event of vacnancy in any of the manners above named, the vacancy shall be filled by the common council. Town of Nome v. Rice 3 A 602 1908 Counc11man refused to perform h1s duties and submitted his resignation in writing held that an office holder cannot at will cast down his responsibilit1es and duties and res1gnation was not complete until accepted by lawful authority or his successor properly qualified.- -18- I Section 3.131 Qualification of Councilmen Ho person shall be eligible for councilman, or be qualified to act as such who is not duly registered and qualified elector of the City of Seward, Alaska. Section 3.132 Special Elections to Fill Vacancies in School Board Special elections may be held at any time to fill vacancies in the Seward, Alaska School Board, when a vacancy in the member- ship of said board occurs from death, resignation, removal or other cause, provided that ten days notice of the time and place of holding said election and the officer or officers to be electe be given by the remaining member or members of the School Board. Said special election for such purpose must otherwise as far as the same are applicable be held in conformity with the provisions of this ordinance. Section 3.133 Oath of Office. All officers elected under this ordinance, before entering upon the duties of their office, must take and subscribe before a person authorized and qualified to administer an oath in the Territory of Alaska, substantially the following oath or affirma- ation. "I, , do solemnly swear (or affirm) that I will support the Constitution of the United States, and that I will support the laws of the Territory of Alaska, and will, to the bes of my ability, faithfully and honestly perform the duties of the office of during my continuance therein, SO HELP Thill GOD. Section 3.134 Fees There shall be allowed and paid by the City of Seward, to the several judges and clerl..s of election provided for in this ordinance, the sum of ten dollars ($10.00) each while holding the election. KAY Br BUCKALEW LAW OFFICES -19- MASONIC BUILDING ANCHORAGE,ALASKA TEL. 58491 r I I I I I I I 1 i I I , An emergency is hereby declared to exist, and in the public interest the rules governing the passage of ordinances are hereby suspended and this ordinance shall be given effect immediately upon its passage and approval. Passed and approved this 15th day of December , 1958 APPROVED: Q~~ Q 4/C~'~;l PERRY . STOCKTON, R.bMayor ATTEST: - 20 -