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HomeMy WebLinkAboutORDINANCE 0193-1971CITY OF t:L!IAI - OPDIFI/~ICE 193-71 Af"IE;IDIIIG TIlE ELECTIO;I CODE PORTIO;IS OF KE:IAI CODE - 1963, AS Arq~;IDED TO I~LET£ REQUIP£HE,'ITS FOR PF~-P. EGISTJU~TIO~I PRIOR TO CITY ELECTIO:iS A;ID OTH£P. NICILLARY ELECTIO;I CODE CIIA;IGES. WHEP£AS, the trlstitution of "pre-registration" qualifications for voting in State elections has paralleled the pre-existing "pre-registration" system required for voting in the City of Kenai elections and such parallel systems r~igi~t cause excessive confusion amm)g the potential voters and residents of the City, ~tO WHE~AS, the City of Kenai is a compact enough unit of government, so the expense and effort of "pre-registration" should no longer be required as a qualification for voting in City election (now that the United States Supre~e Court has declared property ownership restrictions on voting are unconstitutional), BE IT ORDAIItED BY TltE COU;ICIL OF THE CITY OF KEtIAI, ALASKA: Section 1. Section b-g, Kenai Code, 1963, as amended, is hereby repealed and reenacted to read as follows: RegtsAratJ~n. re~Jr~d only at...t.i.me pf voting. ~ Identtf!cation of vA~r~ - C~allen~ln~ Section 6-9. ia) The election Judges shall keep an original register, consisting of registration cards, on which each voter shall, before receiving a ballot, sign the vot~r's name, and write both the voter's residence and mailing address. A record shall be kept on a registration card of the name of each person who offered to vote; but who ~as refused, and a brief statement of the basis of the refusal. The signing of the registration card ~oestitutes a declaration, by the voter, that the voter is qualified to vote. (b) Voters may be identified from such reasonable sources as state voter registration lists, being known to the election Judges as residents of the City of Kenat, oreaysuch other identification as is accepted customarily for schenes of "pre-registration" qualifications. (c) Registration cards signed by voters on election day shall be kept with the records of that election. After 2 years have elapsed from a specific election date, the records thereof, including ballots, retired registration cards, and other records not required for permanent record, may be destroyed. Section 2. Section 6-20, Kenat Code, 1963, as amended, is hereby repealed andl'reenacted to read as follows: Conducting an el~ctiop - Canvasstn~ returns: Section 6-gO. Alaska Statutes, Sections 15.15.080 to 15.15.370, and any amendments thereto, shall apply to the City elections insofar as they do not conflict with specific city ordinances; provided that Section 6-9 of this code shall replace the registers required by A.S. 15.15.100 and 15.15.190 of said statutes. The precinct election boards shall deliver to the city clerk one (1) copy of the certificate of the result of the vote in the preclnct.~ the registration cards signed by persons voting, all ballots ca~t, all ballots imprcperly marked, damaged, or unlawfully exhibited, and all oaths, affirmations, and affidavits to the council as .. '' -CITY OF KE:tAI - ORDI,iAUC£ 193-71 Page two provided by Code Section 6-21. The chatman of each precinct electton board shall retain possession of a duplicate copy of the results for gO days after an election. Unless the city clerk or council requests it, the results certificate may be destroyed when 20 days have elapsed after the election. Section 3. Those Kenat Code provisions deemed in confltct with this enactment are ltsted below and are hereby repealed: Section 6-3 (Registration - qualified voters only - re- registration not required). Section 6-4 (Same: Registration office). Section 6-5 (Same: City clerk to be mgtstrar - index). Section 6-7 (Same: forfeiture of registration - transfer- challenge). Section 6-$ (Same: When voters may ,'egtster). Section $-11 (Regulations to apply to election of school board members). F)RST READIrIG: i , 17 th GECOitO RE/U)XfiG,'. ' 3 rd day of February l g71. day of March, lg71. ATTEST: $1~aron sterling, A(:tlng city clerKrJ ORDINANCE 193-71 AMENDING ELECTION CODE OF THE CITY OF KENAI COPY OF THE ALASKA STATUTES 15.15.080 through 15.15.370 FOR COUNCIL & CITY ADMINISTRATIVE USE Sectton 15.15.080. Time for Opentng and Clostng Polls. On the day of election, each election board shall open the polSs for voting at eight o~clock tn the morning, shall close the polls for voting at eight o'clock Jn the evening, and shall keep the polls open during the time between these hours. The election board mem- bers shall report to the polling place at 7:30 tn the morning of an election day. The hour shall be determined by the standard time, or daylight saving time, that ts applicable to the polling piace. Section 15.15.090. Vottn~ tn Person Only, at Resident Precinct. On election day a qualified voter voting in person shall vote only at the polling place designated for the precinct of his residence. The polling place shall be located within the precinct unless the supervisor and the election board chatrman determine that a build- ing located in an adjoining precinct is more suitable or convenient to the voters. Sectton,l~lF,lO0. ,Time Off for Voting? A qualt¢led voter who does not have sufficient ttme outside his worktng hours ~tthtn whtch to vote at a state electton may. ~tth- out loss of pay, take off as much ~orkJng time as wtll enable him to vote. ~¢ any employee has t~o consecutive hours tn which to vote, etther between the opening of the polls and the beginning of h~s regular ~orkt~g shift, or between the end of his regular work- trig shtft and the closing of the polls, he shall be considered to have sufficient ttme outside his working hours wtthtn ~htch to vote. Section 15.15.110. General ~u:tes and Oath of Election Board. The elect~on board shall supervise the election tn the precinct. Before entering upon the duties of office, each election Judge shall take an oath to honestly, faithfully, and promptly perform the duties of his oCftce. Any appointed Judge, whether or not having himself subscribed to the oath, may administer the oath to another Judge. The chatrman of the election board shall rotate the time at which Judges and clerks may be relieved for meals. Section 15.15.120. FtllJng Vacancies tn Electlon Board. I¢ an appointed Judge or clerk faJls to appear and subscribe to the oath on electton day or becomes tncapacJtated durJng the time of the electton or canvass, the electton board members present shall elect, by a majority volce vote, a quallfted voter to fill the vacancy. The qua11¢ted voter elected to ¢tll the vacancy shall be of the same po- 11ttca1 party as the person for whom the substttutton ts made. Sectton 15.15.130. MaJortt~ Oectston of Electton Board. The dectston of the maJortty of Judges determines the actJon that the electton board shall take regarding any question whtch arises durtng the course of the election. Section 15.15.140. Permitted Use of Unofficial Ballots. Z¢ no offtcJal ballots or electlon supplles are received, or tf an tnsufflclent number of either are received, or tf etther have been destroyed or lost, the electlon board shall provide, and the voters may use, unmarked substitute ballots and other election materials to 1ndlcate the tntent of the voter. The electton board shall certify to the facts which prevented the use of the official ballots and materials and shall include the certtficaCe in the election returns to the secretary of state. The initial failure to certify to the facts, or include the certificate as required, does not invalidate any ballots. Upon disclosure that unofficial ballots have been used without a certification as required, the secretary of state shall notify the chairman of the election board by telephone or telegraph of his failure to properly certify the ballots. The secretary of state may accept the required certificate made by telegraph and count the ballots if the certificate is proper and actually delivered to the secretary of state within l0 days of the date that the chairman of the election board was notified. Section 15.15.150. Offtctal Opentn9 of Polls. On the day and hour of election, the election board shall announce that the polls are open and receive the voters. Section 15.15.150. Prohibition of Political Discussion by Election Board. During the hours the polls are open, no Judge or clerk may discuss any political party, candidate or issue while on duty. Section 15.15.170. Prohibition of Pollticai Persuasion Near Election Polls. During the hours the polls are open, no person who is in the polling place or within 100 feet of any entrance to the polling place, may attempt to persuade a person to vote for or against a candidate, proposition or question. The election Judges shall oost warbling notices at the required distance in the form and manner prescribed by the secretary of state. Section 15.15.180. Keeping of Original ~egister. The Judges shall keep an original register in which each voter before receiving his ballot shall sign his name and give both his resident and mailing address. A record shall be kept in the reg- istration book in space provided of the name of persons who offer to vote but are refused, and a brief statement o~ the basis of the refusal. The signing of the register constitutes a declaration by the voter that he is qualified to vote. Section 15.15.1g0. Keeping of Duplicate register or Ouplicate Registration Cards. The Judge or clerk assigned to keep the duplicate register or duplicate registration cards shall transfer to the duplicate register or duplicate registration cards the names of the voter and all other information appearing in the original registration book. Section 15.15.200. Questioning of Voter of Doubtful Qualification. An election Judge may question any person of doubtful qualification attempting to vote and may require identification. Upon a satisfactory Showing that the person t~ qualified to vote, the election Judge shall allow the person to vote. If an election Judge is doubtful as to the ability of a person to speak the English language, a satisfactory show- ing is made by the person briefly conversing with the election Judge by the use of simple English words. If an election Judge is doubtful as to whether there is a physical disability preventing the speaking or reading of the £ngltsh language, a satisfactory showtnq ts made by a written statement made by a licensed physician that the person ts so disabled. Section 15.15.210. Challenging of Voters of Suspect qualification° Every election judge and election clerk shall challenge, and every watcher and other person qualified to vote in the precinct may challenge a person sttempting 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 secretary of state attesting to the fact that in each particular the person meets all the qualifications of a voter or that the person legally voted in the general election of November 4, 1924, and meeting the residency requirements of a qualified voter, that he is not dis- qualified, that he has not voted at the same election and stating the place from which the person came immediately prior to living in the precinct in which he now offers to vote and +:.~ length of time of his restcence in the former place. After the challenged person has taken oath and signed the affidavit, the person may vote. If the challenged per,on eefuses to take the oath or sign the aff- idavit, the person may not vote. SeFtton 15.15.213. Questioning a Voter's Ballot. An election Judge, clerk, or watcher may challenge a voter if the voter is unable to prove that he is qualified to vote at the poll- trig place for that precinct. If his pollfng place Js fn question the voter shall be allowed to vote, end the election offfcer shall consfder the ballot es a challenged ballot. Section 15.15.215. Otspostlon of Cha.11enged Votes. (a) A challenged voter shall vote hJs ballot Jn the same manner as prescribed for other voters except that he shall use a paper ballot. After the electton Judge removes the tdentt¢tcatJon 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 contained. This envelope shall be sealed and deposited tnthe ballot box along wtth the attached statement of asserted invalidity. When the ballot box ts opened, these envelopes shall be segregated and delivered to the official or body supervising the election where the merits of the challenge shall be determined by this official or body tn accordance wtth the procedure prescribed for challenged absentee votes in AS 15.20.210. (b) A person who frivolously, maliciously or in bad faith challenges a voter is gutlty of a mtsdameanor and upon conviction sahll be prtsoned for not more than 30 days or fined not more than $100, or both. Section 15.15.220. Administration of Oaths. Any Judge may administer to a voter any oath that is necessary in the administration of the election. Section 15,15.230. Providing Ballot to Voter. When the voter has qualified to vote, the election Judge shall give him an official ballot. '~he voter shall retire to a booth or screen to mark the ballot for the candidate= of his choice. Section 15.15.240. Assisting Voter by Judge. A q~alifted voter who cannot read, mark the ballot, or sign his name may request a Judge, a person, or not more than two persons of his choice to assist him. If the Judge is requested, he shall assist the voter. If anyother person is requested, the person shall state upon oath before the election Judge that he will not divulge the vote cast by the person whom he assists. Section 15.15,250. Disposition of Imprqp?.l~ Marked Ballot. If a voter improperly marks or otherwise damages a ballot, the voter may request and the election board shall provide him with another ballot, with a maximum of three, and the board shall record the num- ber of the improperly marked or damaged ballot and destroy it im- mediately without examint~g, tt. Section 15.15,260. geturning Ballot by Voter. When the voter has marked his ballot, he shall fold the ballot and return it to the Judge who shall deposit it in the ballot box in the presence of the voter, Separate ballot boxes may be used for separate ballots. Section 15.15.270. Prohibiting the Leaving of the Po111ng Place with Ballot, No voter may leave the polling place with the official ballot that he received to mark. Section 15.15.280. Prohibiting the Exhibition of Marked Ballots. Subject to para. 240 of this chapter no voter may exhibit his ballot to an election official or any other person so as to enable any per- son to ascertain how the voter marked his ballot. Sectton, 15.15.290. Prohibiting the Identification of Ballots. No election official may place in the ballot box a ballot known to have been unlawfully exhibited by the voter. A ballot unlawfully exhibited shall be retained and placed with the improperly marked or damaged ballots. Section 15.15.310. Official Closing of Polls. Fifteen minutes before and at the time of closing the polls, the election board shall announce the present time and ti~e time of clos- ing the polls. Section 15.15.320. Voters in Line When Polls Close. Every qualified voter present and in line at the time prescribed for closing the polls may vote. Section 15.15.330. Immediate Commencement of Canvass. In precincts where only one electton board is used, when the polls are closed and the last vote has been cast, the electton board and clerks or counters shall Immediately proceed to open the ballot box and to count and canvass the votes cast. The electton board shall cause the canvass to be continued without adjournment unttl the canvass is complete. Sectton 15.15,340. Reportt Oath and Vacancies of Counters. Counters shall report to the election board at the polls at the time designated by the election supervisor to assume their duties to assist the election board in counting and canvassing the vote. Before under- taking the duties of office, each counter shall subscribe to an oath to honestly, fatthfully~ impartially, and promptly carry out the duties of his position. An election Judge may administer the oath. If an appointed counter fails to appear and subscribe to the oath at the time designated by the election supervisor, the electton~board shall point any qualified voter to fill the vacancy. In no case may the election supervisor proceed with counting the vote before the closing of the polls. ~ec.tton 15,15,350. General Procedure for Canvass. The secretary o¢ state shall issue rules prescribing the manner in which the prectnct canvass is accomplished so as to assure accuracy in the count and to expedtte the process. The election board or counting board shall canvass the ballots tn a manner that allows watchers to see the ballots when opened and read. No person hand- trig the ballot after it has been taken from the ballot box and before it is placed in the envelope fo~' mailing may remove a ballot from the immediate vicinity of the polls or have R marking device in hand. Section 15.15.360. Rules for Determtndng Mark on Ballots. The election board shall canvass and count the votes according to the following rules. il) A voter may mark his ballot only by the use of crossmarks, "X" marks, checks or pl~s signs that are clearly spaced in the square opposite the name of the candidate the voter desires to designate. (2) A failure to properly mark a ballot as to one or more candi- dates does not itself invalidate the entire ballot. (3) If a voter marks fewer names than :here are persons to be e- lected to the office, the votes for candidates for thaL office shall not be counted. (4) Zf a voter marks more aames than there are persons to be e- lected to the office, the votes for candidates for that office shall not be counted. (5) The mark shall be counted only if it is substantially inside the square provided, or touching the square so as to indicate clear- ly that the voter intended the particular square to be designated. (6) Zmproper marks on the ballot shall not be counted and shall not invalidate marks for candidates properly made. (7) An erasure or correction invalidates only that section of the ballot in which it appears. (8) A vote marked for the candidate for President or Vice President of the United States is considered and counted as a vote for the elect- ion of the presidential electors. (9) Write-in votes are not invalidat,d by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence that the ballot was so marked for the purpose of identifying the ballot. (10) Stickers bearing a candidate's name may be affixed to the ballot in lte,, of writing in a candidate's name if write-in votes or ballots are otherwise permitted. Section 15.15.370. Completion of Canvass. When the canvass is completed, and in no event later than the day ~fter the election, the election board or counters shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, f~r and against each proposition, yes or no on each question, and any additional inform- marion prescribed by the secretary of state. The electton board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the secretary of state one copy of the certificate, the original register, all ballots unlawfully exhibited, properly I- dentified, the record of ballots destroyed under para. 250 of this chapter, and all oaths and affidavits in addition, all ballots, properly cast shall be mailed to the secretary of state in a sep- arate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from whtch they come. Each board shall, immediately upon completion of the cer- tification and as soon thereafter as the local mail service per- mits, send the duplicate certificate and the duplicate register to 1ts respective election supervisor. The secretary of state may authorize election boards in precincts in those areas of the state where distance and weather make mat1 communication unreliable to forward their election certificates by telegram or radio. The secretary of state may authorize the unofficial canvass of votes on a regional basis by election supervisors, tallying the votes as indicated on duplicate certificates. To assure adequate protection the secretary of state shall prescribe the manner in which the ballots, Pegtsters, and all other election records and materials are thereafter preserved, transferred, and destroyed.