HomeMy WebLinkAboutOrdinance No. 3127-2020_____________________________________________________________________________________
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Sponsored by: Council Member Peterkin
CITY OF KENAI
ORDINANCE NO. 3127-2020 (SUBSTITUTE)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
REPLACING KENAI MUNICIPAL CODE TITLE 6- ELECTIONS, TO PROVIDE CLARITY,
PROCESS IMPROVEMENTS, AND INCREASE VOTER ACCESSIBILITY THROUGH VOTE BY
MAIL ELECTIONS.
WHEREAS, state statutes provide that local governing bodies establish the procedures governing
local elections; and,
WHEREAS, it is in the best interest of the City to provide for clear processes in its elections; and,
WHEREAS, the City has realized efficiencies in its election processes by sharing election
resources such as election workers with the Kenai Peninsula Borough (KPB); and,
WHEREAS, KPB entered into a conciliation agreement with the Alaska Human Rights
Commission which specified that the KPB would have an ADA compliant election process in place
by the end of 2020; and,
WHEREAS, it is prudent for the City to also have ADA compliant election processes in place; and,
WHEREAS, the KPB Assembly established the Election Stakeholders Group (“ESG”) through the
direction and adoption of Resolution 2019-006, which included community members and
members from many local governments in the KPB, including City Manager Ostrander, Mayor
Gabriel, Council Member Peterkin and City Clerk Heinz from the City; and,
WHEREAS, the ESG researched ways to increase voter participation by developing sustainable
election processes that maximize accessibility and inclusivity; and,
WHEREAS, ensuring security of the voting system, including hardware, software, accountability
procedures, and the voter registration database and maintaining integrity in the system by
adopting internal controls, including signature verification, to ensure all valid votes are counted
were among guiding principles adopted by the ESG; and,
WHEREAS, after holding many public meetings throughout 2019 the ESG issued a final report
with six specific recommendations regarding potential changes to KPB code and election
processes which are intended to achieve guiding principles adopted by the ESG; and,
WHEREAS, recommendation number 1 of the ESG was for the KPB assembly to transition the
election process from the current polling site structure to a vote by mail hybrid structure (VBMS);
and,
WHEREAS, recent catastrophic events including disaster declarations related to local floods, fires
Postponed Indefinitely 10/21/2020
Ordinance No. 3127-2020
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and a global public health pandemic reinforce the need to implement a VBMS election process
that will allow for greater flexibility and voter participating when events make it impractical or
impossible to vote at a traditional polling site; and,
WHEREAS, in response to the current statewide emergency disaster, Governor Dunleavy signed
Senate Bill 241 in to law which, among other things, authorizes elections to be conducted by mail
during the emergency disaster; and,
WHEREAS, on June 2, 2020, the KPB Assembly adopted KPB Ordinance No. 2020-24 providing
for vote by mail elections.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Section 1. Repealing and Re-enacting Title 6 of the Kenai Municipal Code: That Kenai
Municipal Code, Title 6 - Elections is hereby repealed and re-enacted as follows:
[CHAPTER 6.05
VOTING QUALIFICATIONS AND PROCEDURES
SECTIONS:
6.05.010 QUALIFICATIONS FOR VOTERS.
6.05.020 REGISTRATION.
6.05.030 PRECINCT AND POLLING PLACE.
6.05.040 PRECINCT BOARD.
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
6.05.060 WATCHERS.
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
6.05.090 BALLOT BOXES, VOTING BOOTHS.
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
6.05.130 TIE VOTES.
6.05.140 ABSENTEE VOTING.
6.05.145 ABSENTEE VOTING IN PERSON.
6.05.150 ABSENTEE VOTING—APPLICATION.
6.05.160 ABSENTEE VOTING—BALLOTS.
6.05.170 ABSENTEE VOTING—BY MAIL.
6.05.180 VOTING—AUTHORIZED.
6.05.190 VOTING—BOARDS.
6.05.200 VOTING DEVICES AND MACHINES.
6.05.210 VOTING—TESTS AND SECURITY.
6.05.220 RECOUNT OF VOTES—APPLICATION.
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
6.05.240 ELECTION CONTESTS.
6.05.250 RULES AND REGULATIONS.
6.05.260 CITY ELECTION TIME.
6.05.270 OFFENSES AND PENALTIES.
6.05.280 RECORD RETENTION.
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
6.05.310 CASTING BALLOTS.
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6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
6.05.340 STORING BALLOTS.
6.05.010 QUALIFICATIONS FOR VOTERS.
PERSONS WHO HAVE THE QUALIFICATIONS FOR VOTERS PRESCRIBED BY THE CITY
CHARTER, SECTION 10-6, THE STATE CONSTITUTION, ARTICLE V, SECTIONS 1 AND 2,
AND STATE LAW, SHALL BE QUALIFIED TO VOTE IN CITY ELECTIONS IF THEY ARE
REGISTERED AS PROVIDED IN THIS TITLE. (KC 6-1)
6.05.020 REGISTRATION.
(A) THE ELECTION JUDGES SHALL KEEP AN ORIGINAL REGISTER ON WHICH EACH
VOTER SHALL, BEFORE RECEIVING A BALLOT, SIGN THE VOTER’S NAME AND EITHER
COMPLETE OR CORRECT BOTH THE VOTER’S RESIDENCE AND MAILING ADDRESSES.
A RECORD SHALL BE KEPT ON THE REGISTER OF THE NAME OF EACH PERSON WHO
OFFERED TO VOTE, BUT WAS REFUSED, AND A BRIEF STATEMENT OF THE BASIS OF
THE REFUSAL. THE SIGNING OF THE REGISTER CONSTITUTES 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 KENAI, OR BY SUCH OTHER IDENTIFICATION AS IS
ACCEPTED CUSTOMARILY FOR SCHEMES OF “PRE-REGISTRATION” QUALIFICATIONS.
(C) REGISTERS SIGNED BY VOTERS ON ELECTION DAY SHALL BE KEPT WITH THE
RECORDS OF THAT ELECTION.
(D) AS USED IN THIS TITLE, “REGISTER” SHALL MEAN THE COMPUTER PRINTOUT
ENTITLED “STATE OF ALASKA PRECINCT REGISTER” (OR ANY FORM SUBSEQUENTLY
SUBSTITUTED THEREFOR) SUPPLIED BY THE DIVISION OF ELECTIONS OF THE STATE
OF ALASKA FOR USE IN EACH PRECINCT.
(KC 6-9; ORDS. 193, 803)
6.05.030 PRECINCT AND POLLING PLACE.
(A) THE CITY OF KENAI SHALL BE COMPOSED OF SUCH ELECTION PRECINCTS AS
MAY BE SET UP OR MODIFIED BY THE DIRECTOR OF ELECTIONS OF THE STATE OF
ALASKA FOR ALL CITY ELECTIONS, BOTH REGULAR AND SPECIAL. THE POLLING
PLACES WILL BE AS DESIGNATED BY THE STATE OF ALASKA, DIVISION OF
ELECTIONS.
(B) CHANGES OF THE POLLING PLACES MAY BE ACCOMPLISHED BY THE COUNCIL BY
MOTION, RESOLUTION, OR ORDINANCE.
(KC 6-12,13; ORDS. 159, 803, 1182)
6.05.040 PRECINCT BOARD.
(A) THERE SHALL BE ELECTION BOARDS FOR THE PRECINCTS IN THE CITY
COMPOSED OF THREE (3) OR MORE JUDGES APPOINTED BY THE CITY COUNCIL. THE
JUDGES SHALL BE QUALIFIED VOTERS OF THE CITY. THE CITY COUNCIL MAY
DESIGNATE ONE OF THE JUDGES CHAIR OF THE BOARD, AND THE CHAIR SHALL BE
PRIMARILY RESPONSIBLE FOR THE ADMINISTRATION OF THE ELECTION IN THE
PRECINCT. THE CITY COUNCIL MAY ALSO APPOINT FROM AMONG THE QUALIFIED
VOTERS OF THE CITY ONE (1) OR TWO (2) CLERKS WHERE IT DEEMS THEIR SERVICES
ARE NECESSARY. THE CITY CLERK, AS THE ELECTION SUPERVISOR, MAY APPOINT
NOT MORE THAN FOUR (4) ELECTION CLERKS FROM AMONG THE QUALIFIED VOTERS
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OF THE CITY AT ANY POLLING PLACE WHERE THEY ARE NEEDED TO CONDUCT AN
ORDERLY ELECTION AND TO RELIEVE THE ELECTION JUDGES OF UNDUE HARDSHIP
IF HE OR SHE THINKS THEY ARE NEEDED AND IF THE CITY COUNCIL AUTHORIZES IT.
(B) ALL CITY ELECTION PERSONNEL SHALL BE APPOINTED WITHOUT REGARD TO
THEIR MEMBERSHIP IN ANY POLITICAL PARTY.
(C) ALL ELECTION JUDGES AND CLERKS, BEFORE ENTERING UPON THEIR DUTIES,
MUST SUBSCRIBE TO THE OATH REQUIRED OF ALL PUBLIC OFFICERS BY THE
CONSTITUTION OF THE STATE OF ALASKA IN THE MANNER PRESCRIBED BY THE
CLERK. IF ANY APPOINTED ELECTION OFFICIAL IS NOT ABLE OR REFUSES TO SERVE
ON ELECTION DAY, THE CLERK MAY APPOINT A REPLACEMENT FOR THAT OFFICIAL.
(D) CANDIDATES SHALL NOT SERVE AS ELECTION OFFICIALS. CERTAIN FAMILIAL
RELATIONSHIPS MAY NOT EXIST BETWEEN A CANDIDATE AND A PRECINCT ELECTION
JUDGE, ELECTION CLERK, OR MEMBER OF A BALLOT COUNTING TEAM IN REGULAR
OR SPECIAL ELECTIONS. THOSE FAMILIAL RELATIONSHIPS ARE:
(1) MOTHER, MOTHER-IN-LAW, STEPMOTHER;
(2) FATHER, FATHER-IN-LAW, STEPFATHER;
(3) SISTER, SISTER-IN-LAW, STEPSISTER;
(4) BROTHER, BROTHER-IN-LAW, STEPBROTHER;
(5) SPOUSE; OR
(6) PERSON SHARING THE SAME LIVING QUARTERS.
(E) IF THE ELECTION SUPERVISOR KNOWS OR LEARNS ANY OF THESE
RELATIONSHIPS EXIST, THE PRECINCT ELECTION JUDGE, ELECTION CLERK, OR
MEMBER OF THE BALLOT COUNTING TEAM SHALL BE NOTIFIED AND THE PERSON
REPLACED.
(KC 6-12,13; ORDS. 159, 2108-2005)
6.05.050 COMPENSATION OF ELECTION PERSONNEL.
(A) THE CITY SHALL PAY ALL NECESSARY EXPENSES RELATING TO THE CONDUCT
OF EACH CITY ELECTION, INCLUDING THOSE OF SECURITY POLLING PLACES, AND
SHALL PROVIDE BALLOT BOXES, BALLOTS, VOTING BOOTHS OR SCREENS, NATIONAL
FLAGS, AND OTHER SUPPLIES AND ANY WAGES TO ELECTION OFFICIALS UNLESS
OTHERWISE PROVIDED BY THIS CODE.
(B) THE CITY SHALL PAY EACH ELECTION BOARD MEMBER AND CANVASS BOARD
MEMBER AN HOURLY RATE FOR TIME SPENT AT HIS OR HER ELECTION DUTIES,
INCLUDING THE RECEIVING OF INSTRUCTIONS AND POSTING OF NOTICES. THE
ELECTION SUPERVISOR SHALL SET THE HOURLY COMPENSATION TO BE PAID FOR
TIME SPENT BY ELECTION OFFICIALS AT A RATE COMPARABLE TO THAT PAID BY THE
STATE FOR STATE ELECTIONS. THE CLERK SHALL RETAIN A RECORD FOR AUDITING
AND PAYMENT OF ELECTION EXPENSES, INCLUDING THE COST OF GIVING NOTICE,
RENTING POLLING PLACES, PAYING ELECTION OFFICIALS, SECURITY BALLOT BOXES,
BOOTHS AND OTHER ELECTION NECESSITIES.
(KC 6-14; ORD. 2108-2005)
6.05.060 WATCHERS.
ANY CANDIDATE FOR ELECTIVE CITY OFFICE MAY APPOINT A WATCHER FOR THE
PRECINCT. STATE LAW RELATING TO WATCHERS IN STATE ELECTIONS SHALL
GOVERN WATCHERS IN CITY ELECTIONS INSOFAR AS IT IS APPLICABLE. (KC 6-15)
6.05.070 CITY CLERK TO SUPERVISE CITY ELECTIONS.
THE CITY CLERK, UNDER DIRECTION OF THE CITY COUNCIL AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS CHAPTER, IS THE ELECTION SUPERVISOR FOR AND
SHALL ADMINISTER ALL CITY ELECTIONS. (KC 6-16; ORD. 2108-2005)
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6.05.080 CITY CLERK TO PREPARE AND FURNISH BALLOTS.
(A) THE CITY CLERK SHALL PREPARE AND FURNISH ALL OFFICIAL BALLOTS IN CITY
ELECTIONS. THE PROVISIONS OF STATE LAW RELATING TO THE PREPARATION AND
FURNISHING OF BALLOTS IN STATE ELECTIONS SHALL GOVERN THE PREPARATION
AND FURNISHING OF BALLOTS IN CITY ELECTIONS INSOFAR AS THEY ARE
APPLICABLE AND ARE NOT IN CONFLICT WITH THE CITY CHARTER OR ORDINANCE;
AND THE CITY CLERK SHALL PERFORM THE FUNCTIONS IN REGARD THERETO
PRESCRIBED BY LAW FOR THE DIRECTOR OF ELECTIONS IN REGARD THERETO IN
STATE ELECTIONS INSOFAR AS IT IS APPROPRIATE.
(B) AT THE TIME OF PREPARING, THE BALLOTS MAY BE INSPECTED BY ANY
CANDIDATE WHOSE NAME IS ON THE BALLOT, OR BY HIS OR HER AUTHORIZED
AGENT, AND ANY DISCOVERED MISTAKE SHALL BE CORRECTED IMMEDIATELY.
(C) THE CITY CLERK SHALL PROVIDE TINTED SAMPLE BALLOTS, OATHS OF OFFICE
OF JUDGES, QUESTIONED OATHS, TALLY SHEETS WHEN REQUIRED, INSTRUCTIONS
TO VOTERS, WARNING NOTICES, AND OTHER FORMS AND SUPPLIES REQUIRED FOR
CITY ELECTIONS; AND HE OR SHE SHALL GIVE THE DUPLICATE REGISTRATION INDEX
AND AN ADEQUATE SUPPLY OF OFFICIAL BALLOTS, SAMPLE BALLOTS, AND ALL
OTHER NECESSARY SUPPLIES AND MATERIALS TO THE CHAIRS OF THE PRECINCT
ELECTION BOARDS IN ADEQUATE TIME BEFORE A CITY ELECTION.
(KC 6-17; ORDS. 803, 941, 1652-95, 2108-2005)
6.05.090 BALLOT BOXES, VOTING BOOTHS.
THE CITY CLERK SHALL PROVIDE SUITABLE BALLOT BOXES AND AN ADEQUATE
NUMBER OF VOTING BOOTHS OR SCREENS. REGULATIONS MADE BY THE DIRECTOR
OF ELECTIONS, RELATING TO POLLING PLACES, BALLOT BOXES, VOTING BOOTHS,
SCREENS, FLAGS, AND SUPPLIES FOR STATE ELECTIONS, SHALL GOVERN THESE
MATTERS IN RELATION TO CITY ELECTIONS INSOFAR AS THEY ARE APPLICABLE AND
ARE NOT SUPERSEDED BY ORDINANCE. (KC 6-18; ORD. 803)
6.05.100 NOTICE OF ELECTIONS—REGULAR AND SPECIAL.
(A) AT LEAST TEN (10) DAYS BEFORE EVERY CITY ELECTION, REGULAR OR SPECIAL,
THE CITY CLERK SHALL CAUSE TO BE PUBLISHED BY POSTING ON THE OFFICIAL CITY
BULLETIN BOARD IN OR ON THE CITY ADMINISTRATION BUILDING AND IN TWO (2)
OTHER PLACES IN THE CITY, OR IN A NEWSPAPER OF GENERAL CIRCULATION WITHIN
THE CITY, A NOTICE OF SUCH ELECTION. THE NOTICE SHALL INCLUDE, BUT IS NOT
LIMITED TO, THE FOLLOWING:
(1) THE DATE OF THE ELECTION;
(2) TIME DURING WHICH THE POLLING PLACE WILL BE OPEN;
(3) THE LOCATION OF THE POLLING PLACE;
(4) OFFICES TO WHICH CANDIDATES ARE TO BE ELECTED (IF ANY);
(5) AND THE SUBJECTS OF THE PROPOSITIONS AND QUESTIONS WHICH ARE TO
BE SUBMITTED TO THE VOTERS AT THE ELECTION (IF ANY).
(B) FAILURE TO PUBLISH SUCH A NOTICE OF AN ELECTION SHALL NOT AFFECT THE
VALIDITY OF THE ELECTION OR OF THE VOTE FOR ANY CANDIDATE OR ON ANY
PROPOSAL; BUT, IF CAUSED BY THE CITY CLERK, SHALL CONSTITUTE FAILURE TO
PERFORM HIS OR HER OFFICIAL DUTIES.
(C) IN ADDITION TO THE ABOVE NOTICE, THE CITY CLERK SHALL PUBLISH IN FULL
EVERY CHARTER AMENDMENT, EVERY ORDINANCE, AND EVERY OTHER QUESTION
WHICH IS TO BE SUBMITTED AT AN ELECTION, EXCEPT A REFERRED ORDINANCE
WHICH WAS PUBLISHED IN FULL AFTER PASSAGE, NOT MORE THAN FOUR (4) WEEKS
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AND AT LEAST TWO (2) WEEKS BEFORE THE ELECTION IN ACCORDANCE WITH THE
CITY CHARTER, SECTIONS 1-7(4) AND 10-8.
(KC 6-19)
6.05.110 CONDUCTING AN ELECTION—CANVASSING RETURNS.
ALASKA STATUTES, CHAPTERS 15.15 THROUGH 15.20 AND ANY AMENDMENTS
THERETO, SHALL APPLY TO THE CITY ELECTIONS INSOFAR AS THEY DO NOT
CONFLICT WITH SPECIFIC CITY ORDINANCES. THE PRECINCT ELECTION BOARDS
SHALL DELIVER TO THE CITY CLERK ONE (1) COPY OF THE CERTIFICATE WITH THE
RESULTS OF THE VOTE IN THE PRECINCT, THE REGISTERS SIGNED BY PERSONS
VOTING, ALL BALLOTS CAST, ALL BALLOTS IMPROPERLY MARKED, DAMAGED OR
UNLAWFULLY EXHIBITED, AND ALL OATHS, AFFIRMATIONS AND AFFIDAVITS TO THE
COUNCIL AS PROVIDED BY KMC 6.05.130. THE CHAIR OF EACH PRECINCT ELECTION
BOARD SHALL RETAIN POSSESSION OF A DUPLICATE COPY OF THE RESULTS, WHICH
COPY MAY BE DESTROYED BY EACH CHAIR TWENTY (20) DAYS AFTER THE ELECTION
UNLESS THE CITY CLERK OR THE CITY COUNCIL REQUESTS ITS DELIVERY. (ORDS.
193, 803, 881, 1788-98, 2556-2011)
6.05.120 ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES.
(A) PURSUANT TO THE PROVISIONS OF SECTION 10-9 OF THE CHARTER OF THE CITY
OF KENAI, THERE IS HEREBY ESTABLISHED A CANVASSING BOARD FOR THE
CANVASSING OF ALL CITY ELECTIONS; REGULAR AND SPECIAL, AND TO ASCERTAIN
AND DECLARE THE RESULTS THEREOF, AS FOLLOWS:
(1) THE CITY CLERK IS HEREBY DESIGNATED AS THE CHAIR OF THE
CANVASSING BOARD.
(2) THE CANVASSING BOARD SHALL CONSIST OF THE CITY CLERK, CHAIR OF
EACH PRECINCT ELECTION BOARD WITHIN THE CITY, AND UP TO FIVE (5)
ADDITIONAL JUDGES SELECTED FROM AMONG THE QUALIFIED VOTERS OF THE
CITY. IN THE EVENT ANY SUCH APPOINTED MEMBER OF THE BOARD IS ABSENT
FROM THE CITY, ILL, OR OTHERWISE UNABLE TO ATTEND AT THE TIME SET FOR
CANVASSING THE BALLOT, THE CITY CLERK IS HEREBY AUTHORIZED TO APPOINT
ANOTHER ELECTION JUDGE FROM THE SAME PRECINCT TO SUBSTITUTE FOR
THE APPOINTED MEMBER.
(B) THE CANVASSING BOARD SHALL MEET IN PUBLIC SESSION ON THE TUESDAY
FOLLOWING EVERY CITY ELECTION, REGULAR OR SPECIAL, AT 8:30 A.M. AND, IF
NECESSARY, CONTINUE THROUGH THE FOLLOWING DAY AND SHALL PROMPTLY
PROCEED TO CANVASS THE RETURNS OF SAID ELECTION, MAKING DECISIONS AS TO
VALIDITY OF QUESTIONED BALLOTS, COUNTING ABSENTEE BALLOTS, AND
ASCERTAINING AND DECLARING THE RESULTS OF SAID ELECTION. THE CANVASS OF
THE BALLOT VOTE COUNTED BY THE PRECINCT ELECTION BOARDS SHALL BE
ACCOMPLISHED BY REVIEWING THE TALLIES OF THE RECORDED VOTE TO CHECK
FOR MATHEMATICAL ERROR BY COMPARING TOTALS WITH THE PRECINCT’S
CERTIFICATE OF RESULTS. ALL OBVIOUS ERRORS FOUND BY THE ELECTION
CANVASS IN THE TRANSFER OF TOTALS FROM THE PRECINCT TALLY SHEETS TO THE
PRECINCT CERTIFICATE OF RESULTS SHALL BE CORRECTED BY THE CANVASSING
BOARD. A MISTAKE THAT HAS BEEN MADE IN PRECINCT RETURNS, AND THAT IS NOT
CLEARLY AN ERROR IN THE TRANSFER OF THE RESULTS FROM THE TALLIES TO THE
CERTIFICATE OF RESULTS, EMPOWERS THE CANVASSING BOARD TO RECOMMEND A
RECOUNT OF THE RESULTS OF THE PRECINCT OR PRECINCTS FOR THAT PORTION
OF THE RETURNS IN QUESTION.
(C) IN ORDER TO BE COUNTED, ABSENTEE BALLOTS THAT ARE MAILED MUST BE
MAILED ON OR BEFORE THE DATE OF THE ELECTION, AND IF THE ENVELOPE
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CONTAINING THE BALLOT IS POSTMARKED, THE POST MARK DATE MUST BE ON OR
BEFORE THE DATE OF ELECTION, AND SAID BALLOT MUST BE RECEIVED IN THE CITY
OF KENAI’S MAIL BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
BALLOT ENVELOPES RECEIVED BY UNITED STATES POSTAL SERVICE WITHOUT A
POSTMARK SHALL BE COUNTED, PROVIDED THE BALLOT ENVELOPE MEETS ALL
OTHER REQUIREMENTS (SIGNATURES, REGISTRATION, ETC.) AND THE RECEIPT BY
THE CITY INDICATES THE BALLOT WAS MAILED ON OR BEFORE THE DATE OF THE
ELECTION AND THE BALLOT WAS RECEIVED IN THE CITY OF KENAI’S MAIL BY NOON
ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.
(D) THE CITY CLERK, AS CHAIR OF THE CANVASSING BOARD, SHALL REPORT THE
RESULTS OF THE ELECTION TO THE CITY COUNCIL AS THE FIRST ORDER OF
BUSINESS FOLLOWING THE ROLL CALL AT THE NEXT REGULAR COUNCIL MEETING
FOLLOWING THE MEETING OF THE CANVASSING BOARD.
(KC 6-12; ORDS. 707, 1652-95, 2108-2005, 2488-2010, 2556-2011)
6.05.130 TIE VOTES.
IN CASE OF FAILURE TO ELECT BECAUSE OF A TIE VOTE, THE COUNCIL SHALL
IMMEDIATELY PROCEED TO RECOUNT THE VOTES. IF THERE IS STILL A FAILURE TO
ELECT BECAUSE OF A TIE AFTER COMPLETION OF THE RECOUNT, THE ELECTION
SHALL BE DETERMINED FAIRLY BY LOT FROM AMONG THE CANDIDATES TYING, IN A
MEETING OF THE COUNCIL AND UNDER ITS DIRECTION, IN ACCORDANCE WITH THE
CITY CHARTER, SECTION 10-4. (KC 6-22)
6.05.140 ABSENTEE VOTING.
ANY QUALIFIED VOTER WHO MAY SECURE AND CAST AN ABSENTEE BALLOT IN A
STATE ELECTION MAY SECURE AND CAST AN ABSENTEE BALLOT IN A CITY ELECTION.
THE CITY CLERK SHALL SUPERVISE ABSENTEE VOTING, AND SHALL ISSUE
NECESSARY INSTRUCTIONS REGARDING THE PROCEDURE FOR ABSENTEE VOTING
TO QUALIFIED APPLICANTS FOR ABSENTEE BALLOTS. THE CITY CLERK SHALL
PROVIDE THE ABSENTEE BALLOTS, THE SECRECY ENVELOPES FOR THE BALLOTS,
AND THE POSTAGE-PAID RETURN ENVELOPES THEREFOR, AND ANY OTHER FORMS
AND SUPPLIES REQUIRED FOR THE USE OF ABSENTEE VOTERS. (KC 6-23; ORD. 2488-
2010)
6.05.145 ABSENTEE VOTING IN PERSON.
(A) A QUALIFIED VOTER MAY APPLY IN PERSON FOR AN ABSENTEE BALLOT AT THE
OFFICE OF THE CITY CLERK DURING REGULAR OFFICE HOURS, OR THE VOTER MAY
APPLY TO THE BOROUGH CLERK’S OFFICE OR ABSENTEE VOTING OFFICIAL IN HIS OR
HER AREA DURING REGULAR OFFICE HOURS.
(B) ON RECEIPT OF AN APPLICATION IN PERSON FOR AN ABSENTEE BALLOT AND
EXHIBITION OF PROOF OF IDENTIFICATION AS REQUIRED IN THIS TITLE, THE CLERK
SHALL ISSUE THE BALLOT TO THE APPLICANT.
(C) THE VOTER SHALL PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE
BALLOT IN THE SMALL ENVELOPE, TO PLACE THE SMALL ENVELOPE IN THE LARGER
ENVELOPE IN THE PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS
ATTESTING OFFICIAL AND DATE OF HIS OR HER SIGNATURE. THE ELECTION OFFICIAL
SHALL THEN ACCEPT THE BALLOT.
(D) THE ELECTION OFFICIAL MAY NOT ACCEPT A MARKED BALLOT THAT HAS BEEN
EXHIBITED BY AN ABSENTEE VOTER WITH INTENT TO INFLUENCE OTHER VOTERS. IF
THE ABSENTEE VOTER IMPROPERLY MARKS OR OTHERWISE DAMAGES A BALLOT,
THE VOTER MAY REQUEST, AND THE ELECTION OFFICIAL SHALL PROVIDE HIM OR
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HER WITH ANOTHER BALLOT UP TO A MAXIMUM OF THREE (3). EXHIBITED,
IMPROPERLY MARKED, OR DAMAGED BALLOTS SHALL BE DESTROYED. THE
NUMBERS OF ALL BALLOTS DESTROYED SHALL BE NOTED ON THE BALLOT
STATEMENT.
(E) EACH ABSENTEE VOTING OFFICIAL SHALL KEEP A RECORD OF THE NAMES AND
THE SIGNATURES OF VOTERS WHO CAST ABSENTEE BALLOTS BEFORE HIM OR HER
AND THE DATES ON WHICH THE BALLOTS WERE CAST.
(ORD. 1799-98)
6.05.150 ABSENTEE VOTING—APPLICATION.
ANY QUALIFIED VOTER WHO IS ENTITLED TO SECURE AND CAST AN ABSENTEE
BALLOT MAY APPLY TO THE CITY CLERK IN PERSON, BY A PERSONAL
REPRESENTATIVE, BY MAIL, OR BY ELECTRONIC TRANSMISSION, FOR AN ABSENTEE
BALLOT. AN APPLICATION FOR AN ABSENTEE BALLOT RECEIVED BY THE CITY BY MAIL
OR ELECTRONIC TRANSMISSION SHALL INCLUDE THE NAME OF THE APPLICANT AND
BOTH THE LOCATION, I.E., ELECTRONIC, FACSIMILE, OR MAILING ADDRESS TO WHICH
THE ABSENTEE BALLOT IS TO BE RETURNED AND HIS OR HER FULL RESIDENTIAL
ADDRESS IN THE CITY. THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE
BALLOTS IN CITY ELECTIONS SHALL BE NOT LESS THAN SEVEN (7) DAYS PRIOR TO
THE ELECTION. THE CITY CLERK SHALL FOLLOW THE PROCEDURE PRESCRIBED BY
STATE LAW FOR ELECTION OFFICIALS IN DETERMINING WHETHER AN APPLICANT IS
ENTITLED TO SECURE AND CAST AN ABSENTEE BALLOT. (KC 6-24; ORDS. 1652-95,
2556-2011)
6.05.160 ABSENTEE VOTING—BALLOTS.
VOTERS CASTING ABSENTEE BALLOTS SHALL MARK THE BALLOT, PLACE THE BALLOT
IN THE SECRECY ENVELOPE AND THEN PLACE THE SECRECY ENVELOPE WITH THE
MARKED BALLOT INSIDE THE POSTAGE-PAID RETURN ENVELOPE, AND RETURN THE
DOCUMENTS TO THE CITY CLERK IN THE SAME MANNER AND UNDER THE SAME
REGULATIONS, AS NEARLY AS MAY BE, AS REQUIRED BY LAW IN STATE ELECTIONS.
(KC 6-25; ORD. 2488-2010)
6.05.170 ABSENTEE VOTING—BY MAIL.
(A) A QUALIFIED VOTER MAY APPLY FOR AN ABSENTEE BALLOT BY MAIL IF THE
APPLICATION IS POSTMARKED NOT EARLIER THAN THE FIRST OF THE YEAR IN WHICH
THE ELECTION IS TO BE HELD NOR LESS THAN SEVEN (7) DAYS BEFORE AN
ELECTION. A VOTER MAY REQUEST HIS OR HER NAME BE PLACED ON PERMANENT
ABSENTEE BY MAIL STATUS. THE APPLICATION SHALL INCLUDE THE ADDRESS TO
WHICH THE ABSENTEE BALLOT IS TO BE RETURNED, THE APPLICANT’S FULL ALASKA
RESIDENCE ADDRESS, AND THE APPLICANT’S SIGNATURE.
(B) AFTER RECEIPT OF AN APPLICATION BY MAIL, THE CITY CLERK SHALL SEND THE
ABSENTEE BALLOT AND OTHER ABSENTEE VOTING MATERIAL TO THE APPLICANT BY
FIRST CLASS MAIL. THE MATERIALS SHALL BE SENT AS SOON AS THEY ARE READY
FOR DISTRIBUTION. THE POSTAGE PAID RETURN ENVELOPE SENT WITH THE
MATERIALS SHALL BE ADDRESSED TO THE CITY CLERK.
(C) UPON RECEIPT OF AN ABSENTEE BALLOT BY MAIL, THE VOTER, IN THE
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE ARMED FORCES
INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE OR MAGISTRATE, UNITED
STATES POSTAL OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,
MAY PROCEED TO MARK THE BALLOT IN SECRET, TO PLACE THE BALLOT IN THE
SECRECY ENVELOPE, TO PLACE THE SECRECY ENVELOPE IN THE POSTAGE PAID
ENVELOPE, AND TO SIGN THE VOTER’S CERTIFICATE ON THE BACK OF THE
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POSTAGE-PAID RETURN ENVELOPE IN THE PRESENCE OF AN OFFICIAL LISTED IN
THIS SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL DATE HIS
OR HER SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS SUBSECTION ARE
REASONABLY ACCESSIBLE, AN ABSENTEE VOTER SHALL HAVE THE BALLOT
WITNESSED BY A PERSON OVER THE AGE OF EIGHTEEN (18) YEARS.
(D) AN ABSENTEE BALLOT MUST BE MARKED AND ATTESTED ON OR BEFORE THE
DATE OF THE ELECTION. IF THE VOTER RETURNS THE BALLOT BY MAIL, HE OR SHE
SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT
NOT LATER THAN THE DAY OF THE ELECTION TO THE CITY CLERK. THE BALLOT
ENVELOPE MUST BE POSTMARKED ON OR BEFORE MIDNIGHT OF ELECTION DAY AND
RECEIVED BY THE CITY CLERK NO LATER THAN NOON ON THE SEVENTH DAY AFTER
THE ELECTION. BALLOT ENVELOPES RECEIVED AFTER THAT TIME SHALL NOT BE
OPENED BUT SHALL BE MARKED “INVALID,” WITH THE DATE OF RECEIPT NOTED
THEREON, AND SHALL BE PRESERVED WITH OTHER BALLOTS OF THE ELECTION.
(E) THE CITY CLERK MAY REQUIRE A VOTER CASTING AN ABSENTEE BALLOT BY
MAIL TO PROVIDE PROOF OF IDENTIFICATION OR OTHER INFORMATION TO AID IN THE
ESTABLISHMENT OF HIS OR HER IDENTITY.
(F) THE CITY CLERK SHALL MAINTAIN A RECORD OF THE NAME OF EACH VOTER TO
WHOM AN ABSENTEE BALLOT IS SENT BY MAIL. THE RECORD MUST LIST THE DATE
ON WHICH THE BALLOT IS MAILED AND THE DATE ON WHICH THE BALLOT IS
RECEIVED BY THE CITY CLERK AND THE DATES ON WHICH THE BALLOT WAS
EXECUTED AND POSTMARKED.
(ORDS. 2488-2010, 2556-2011)
6.05.180 VOTING—AUTHORIZED.
THE ELECTION OFFICIAL MAY PROVIDE FOR VOTING AT ONE (1) OR MORE VOTING
PLACES FOR ONE (1) OR MORE QUESTIONS OR OFFICES ON A BALLOT. (ORDS. 881,
1788-98)
6.05.190 VOTING—BOARDS.
THE ELECTION OFFICIAL SHALL APPOINT A RECEIVING BOARD AND A DATA
PROCESSING CONTROL BOARD, EACH CONSISTING OF THREE (3) MEMBERS. THE
ELECTION OFFICIAL SHALL APPOINT A CHAIR OF EACH BOARD AND ADMINISTER THE
OATH PRESCRIBED FOR ELECTION JUDGES TO BOTH CHAIR WHO SHALL ADMINISTER
THE OATH TO THE REMAINING MEMBERS OF THEIR RESPECTIVE BOARDS. A
VACANCY ON A BOARD SHALL BE FILLED BY THE ELECTION OFFICIAL. (ORDS. 881,
1788-98)
6.05.200 VOTING DEVICES AND MACHINES.
(A) VOTING DEVICES AND MACHINES WILL BE USED FOR ALL REGULAR AND SPECIAL
ELECTIONS UNLESS DETERMINED NOT TO BE PRACTICAL BY THE CLERK. THE LAWS
OF THE STATE CONCERNING VOTING DEVICES AND MACHINES ARE INCORPORATED
IN THIS CHAPTER AS IF FULLY SET OUT IN THIS CHAPTER EXCEPT FOR PROVISIONS
IN CONFLICT WITH THIS CHAPTER.
(B) THE ELECTION OFFICIAL SHALL DESIGNATE THE COMPUTERS TO BE USED IN
COUNTING THE BALLOTS AND MAY NEGOTIATE AND CONTRACT WITH THE KENAI
PENINSULA BOROUGH OR A PRIVATE COMPUTER SERVICE FOR THE NEEDED
COMPUTER SERVICES.
(ORDS. 881, 941, 1788-98)
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6.05.210 VOTING—TESTS AND SECURITY.
NO LATER THAN ONE (1) WEEK BEFORE THE ELECTION, THE COMPUTER VOTE
COUNTING PROGRAM MUST BE TESTED IN THE PRESENCE OF, AND TO THE
SATISFACTION OF, THE DATA PROCESSING CONTROL BOARD. (ORDS. 881, 1788-98)
6.05.220 RECOUNT OF VOTES—APPLICATION.
(A) ANY DEFEATED CANDIDATE OR ANY TEN (10) QUALIFIED VOTERS, WHO BELIEVE
THAT A MISTAKE HAS BEEN MADE BY AN ELECTION OFFICIAL OR BY THE COUNCIL IN
COUNTING THE VOTES IN ANY ELECTION, MAY MAKE AN APPLICATION IN WRITING TO
THE COUNCIL FOR A RECOUNT OF THE VOTES FROM THE PRECINCT FOR ANY
PARTICULAR OFFICE OR ON ANY PARTICULAR QUESTION. THE APPLICATION MUST BE
FILED WITH THE MAYOR, THE CITY CLERK, OR IN THE OFFICE OF THE CITY CLERK
WITHIN TWENTY-FOUR (24) HOURS, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY AFTER THE COUNCIL DECLARES THE RESULTS OF THE VOTE BEING
QUESTIONED. IN CASE OF A TIE VOTE BETWEEN TWO (2) OR MORE CANDIDATES, THE
COUNCIL SHALL RECOUNT THE VOTES WITHOUT AN APPLICATION THEREFOR.
(B) THE PERSON OR PERSONS APPLYING FOR A RECOUNT SHALL DEPOSIT ONE
HUNDRED DOLLARS ($100.00) IN CASH, BY CERTIFIED CHECK, OR BY BOND WITH
SURETY APPROVED BY THE COUNCIL, EXCEPT IN THE CASE OF A TIE VOTE FOR
CANDIDATES (WHEN NO DEPOSIT SHALL BE REQUIRED). IF ON THE RECOUNT A
CANDIDATE OTHER THAN THE CANDIDATE WHO WAS FIRST DECLARED ELECTED IS
DECLARED ELECTED, OR IF THE RESULT OF THE VOTE ON A QUESTION IS REVERSED,
OR IF THE VOTE ON RECOUNT IS DETERMINED TO BE FOUR PERCENT (4%) OR MORE
IN EXCESS OF THE VOTE REPORTED AFTER THE FIRST CANVASS FOR THE
CANDIDATE APPLYING FOR THE RECOUNT OR IN FAVOR OF THE OPPOSED TO THE
QUESTION STATED IN THE APPLICATION, THE DEPOSIT SHALL BE REFUNDED;
OTHERWISE, IT SHALL BE PLACED IN THE GENERAL FUND OF THE CITY.
(C) THE COUNCIL SHALL BEGIN THE RECOUNT WITHIN FORTY-EIGHT (48) HOURS
AFTER RECEIVING THE APPLICATION, EXCLUDING ANY SATURDAY, SUNDAY, OR
HOLIDAY, SHALL PROCEED WITH IT AS FAST AS PRACTICABLE, AND, SHALL DECLARE
THE RESULTS THEREOF. THE CITY CLERK SHALL PROMPTLY ISSUE ANOTHER
ELECTION CERTIFICATE IF A CHANGE IN THE RESULTS REQUIRE IT.
(KC 6-27; ORD. 2108-2005)
6.05.230 APPEAL TO THE COURTS AFTER RECOUNT.
ANY CANDIDATE OR A MAJORITY OF THE PERSONS WHO REQUESTED A RECOUNT
WHO HAVE REASON TO BELIEVE THAT AN ERROR HAS BEEN MADE IN THE RECOUNT
INVOLVING ANY CANDIDATE OR QUESTION, MAY APPEAL TO THE SUPERIOR COURT
IN ACCORDANCE WITH APPLICABLE COURT RULES GOVERNING APPEALS IN CIVIL
MATTERS. THE FILING OF THE APPEAL AND THE PROCEEDINGS SHALL BE, AS NEARLY
AS MAY BE, AS IN CASE OF SUCH AN APPEAL MADE AFTER A RECOUNT IN A STATE
ELECTION. (KC 6-28)
6.05.240 ELECTION CONTESTS.
ANY DEFEATED CANDIDATE OR TEN (10) QUALIFIED VOTERS, BY ACTION BROUGHT IN
THE SUPERIOR COURT, MAY CONTEST THE ELECTION OF ANY PERSON OR THE
APPROVAL OR REJECTION OF ANY QUESTION UPON THE SAME GROUNDS AND IN THE
SAME MANNER, AS NEARLY AS MAY BE, AS IN ELECTION CONTESTS ARISING OUT OF
STATE ELECTIONS. THE CITY CLERK SHALL PROMPTLY ISSUE ANY NEW ELECTION
CERTIFICATE REQUIRED TO REFLECT THE JUDGMENT OF THE COURT. (KC 6-29)
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6.05.250 RULES AND REGULATIONS.
RULES AND REGULATIONS MADE BY THE DIRECTOR OF ELECTIONS PURSUANT TO
LAW REGULATING STATE ELECTIONS SHALL ALSO APPLY TO CITY ELECTIONS
INSOFAR AS THEY ARE APPLICABLE. THE CITY CLERK SHALL HAVE THE POWERS AND
DUTIES PRESCRIBED FOR THE DIRECTOR OF ELECTIONS IN SAID RULES AND
REGULATIONS, WITH REGARD TO CITY ELECTIONS, INSOFAR AS IT WOULD BE
APPROPRIATE IN CITY ELECTIONS. (KC 6-31; ORD. 803)
6.05.260 CITY ELECTION TIME.
NOTHING IN THIS CHAPTER SHALL PROHIBIT HOLDING A CITY ELECTION ON THE
SAME DAY AND BY THE SAME ELECTION PERSONNEL AS A STATE, BOROUGH, OR
OTHER PUBLIC ELECTION, OR SUBMITTING A CITY QUESTION AT SUCH AN ELECTION,
AS AUTHORIZED BY THE CITY CHARTER, SECTION 10-8. (KC 6-32)
6.05.270 OFFENSES AND PENALTIES.
(A) IT IS UNLAWFUL FOR ANY PERSON, FIRM, OR CORPORATION TO DO ANY OF THE
FOLLOWING ACTS, AND ANY PERSON, FIRM, OR CORPORATION WHO DOES ANY OF
THE FOLLOWING ACTS SHALL BE GUILTY OF A VIOLATION:
(1) DIRECTLY OR INDIRECTLY USES OR THREATENS TO USE FORCE, COERCION,
VIOLENCE, RESTRAINT, INFLICTS, OR THREATENS TO INFLICT DAMAGE, HARM, OR
LOSS UPON OR AGAINST ANY PERSON TO INDUCE OR COMPEL THE PERSON TO
VOTE OR REFRAIN FROM VOTING FOR ANY CANDIDATE IN ANY ELECTION OR FOR
ANY ELECTION PROPOSITION OR QUESTION.
(2) GIVES OR PROMISES TO GIVE, OR OFFERS ANY MONEY OR VALUABLE THING
TO ANY PERSON, WITH THE INTENT TO INDUCE HIM OR HER TO VOTE FOR OR
RESTRAIN HIM OR HER FROM VOTING FOR ANY CANDIDATE AT ANY ELECTION OR
ANY ELECTION PROPOSITION OR QUESTION.
(3) KNOWINGLY PRINTS OR CIRCULATES, OR CAUSES TO BE WRITTEN, PRINTED,
OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, POSTER, OR OTHER
PUBLICATION RELATING TO ANY ELECTION OR TO ANY CANDIDATE AT ANY
ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION WITHOUT THE
SAME BEARING ON ITS FACE THE NAME AND ADDRESS OF THE AUTHOR,
PRINTER, AND PUBLISHER THEREOF.
(4) WRITES, PRINTS, OR CIRCULATES, OR WHO SHALL CAUSE TO BE WRITTEN,
PRINTED, OR CIRCULATED, ANY LETTER, CIRCULAR, BILL, PLACARD, OR POSTER,
OR WHO CAUSES ANY PAID ADVERTISEMENT TO BE PLACED IN A NEWSPAPER OR
ANY OTHER PUBLICATION, OR WHO PAYS OR CONTRIBUTES TO THE PAYMENT
FOR ANY SUCH ADVERTISEMENT, OR WHO MAKES ANY RADIO BROADCAST,
WILLFULLY KNOWING THE LETTER, CIRCULAR, BILL, PLACARD, POSTER,
PUBLICATION, PAID ADVERTISEMENT, OR RADIO BROADCAST TO CONTAIN ANY
FALSE STATEMENT, CHARGE, OR COMMENT RELATING TO ANY CANDIDATE TO
ANY ELECTION OR TO ANY ELECTION PROPOSITION OR QUESTION.
(5) HAS IN HIS OR HER POSSESSION OUTSIDE OF THE VOTING ROOM ANY
OFFICIAL BALLOT, PROVIDED THAT THIS SHALL NOT APPLY TO ELECTION
OFFICIALS OR OTHER PROPERLY AUTHORIZED PERSONS HAVING SUCH
POSSESSION IN LINE OF DUTY.
(6) MAKES OR KNOWINGLY HAS IN HIS OR HER POSSESSION ANY COUNTERFEIT
OF AN OFFICIAL BALLOT.
(7) REFUSES TO ALLOW AN EMPLOYEE REASONABLE TIME OFF FOR THE
PURPOSE OF VOTING WHEN THE EMPLOYEE DOES NOT HAVE A REASONABLE
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AMOUNT OF TIME TO VOTE BEFORE OR AFTER WORK, OR WHO, AFTER ALLOWING
THE TIME OFF, DEDUCTS THE TIME FROM THE COMPENSATION OF THE
EMPLOYEE.
(8) BEING AN ELECTION OFFICIAL WHILE THE POLLS ARE OPEN, OPENS ANY
BALLOT RECEIVED FROM A VOTER AT AN ELECTION, OR MARKS A BALLOT BY
FOLDING OR OTHERWISE SO AS TO BE ABLE TO RECOGNIZE IT, OR OTHERWISE
ATTEMPTS TO LEARN HOW ANY VOTER MARKED HIS OR HER BALLOT, OR
ALLOWS THE SAME TO BE DONE BY ANY OTHER PERSON.
(9) WRITES, PRODUCES, OR ASSISTS IN WRITING OR PRODUCING ANY
PUBLISHED LETTER, CIRCULAR, POSTER, BILL, PUBLICATION, OR PLACARD,
KNOWING THAT IT CONTAINS ANY FALSE STATEMENT OR FALSE CHARGE
REFLECTING ON THE CHARACTER, MORALITY, OR INTEGRITY OF ANY CANDIDATE
AT ANY ELECTION.
(10) VOTES OR ATTEMPTS TO VOTE IN THE NAME OF ANOTHER PERSON OR IN
ANY NAME OTHER THAN HIS OR HER OWN.
(11) BY FORCE, THREAT, INTIMIDATION, OR OFFER OF REWARD, INDUCES OR
ATTEMPTS TO INDUCE ANY ELECTION OFFICIAL TO FAIL IN HIS OR HER DUTY.
(12) WILLFULLY CHANGES OR CAUSES TO BE CHANGED ANY OFFICIAL ELECTION
DOCU-MENTS, INCLUDING BALLOTS, TALLIES, AND RETURNS, OR ATTEMPTS TO
DO THE SAME.
(13) WILLFULLY DELAYS OR CAUSES TO BE DELAYED THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(14) WILLFULLY VOTES OR ATTEMPTS TO VOTE MORE THAN ONCE AT THE SAME
ELECTION.
(15) SIGNS ANY NAME OTHER THAN HIS OR HER OWN TO A PETITION
PROPOSING AN INITIATIVE, REFERENDUM, OR RECALL, OR KNOWINGLY SIGNS
HIS OR HER NAME MORE THAN ONCE FOR THE SAME PROPOSITION OR
QUESTION AT ONE (1) ELECTION, OR SIGNS THE PETITION KNOWING THAT HE OR
SHE IS NOT A QUALIFIED VOTER.
(16) HAVING BEEN CONTRACTED OR EMPLOYED BY THE CITY TO PRINT OR
REPRODUCE IN ANY MANNER ANY OFFICIAL BALLOT, WILLFULLY APPROPRIATES
TO HIM OR HERSELF, OR GIVES OR DELIVERS TO, OR KNOWINGLY PERMITS TO
BE TAKEN BY ANYONE OTHER THAN A PERSON AUTHORIZED BY THE CITY CLERK,
ANY OFFICIAL BALLOTS, OR KNOWINGLY PRINTS, REPRODUCES, OR CAUSES TO
BE PRINTED OR REPRODUCED ANY OFFICIAL BALLOTS IN ANY OTHER FORM OR
WITH ANY OTHER CONTENT THAN THAT PRESCRIBED BY THE CHARTER,
ORDINANCE, OR AS DIRECTED BY THE CITY CLERK.
(17) WILLFULLY MAKES A FALSE AFFIDAVIT OR SWEARS FALSELY UNDER ANY
OATH REQUIRED IN CONNECTION WITH ANY ELECTION OR REGISTRATION FOR
VOTING OR FALSELY AFFIRMS IN LIEU OF SO SWEARING.
(18) WILLFULLY FAILS TO PERFORM ANY ELECTION DUTY OR KNOWINGLY DOES
ANY UNAUTHORIZED ACT WITH THE INTENT TO AFFECT THE ELECTION OR ITS
RESULTS.
(19) WILLFULLY PERMITS, MAKES, OR ATTEMPTS TO MAKE ANY FALSE COUNT
OR REPORT OF THE ELECTION RETURNS.
(20) BEING AN ELECTION OFFICIAL, WILLFULLY CONCEALS, WITHHOLDS,
WRONGFULLY CHANGES, MUTILATES, OR DESTROYS THE ELECTION RETURNS,
OR ATTEMPTS TO DO SO.
(B) ANY PERSON, FIRM, OR CORPORATION WHO IS GUILTY OF A VIOLATION AS
DEFINED HEREINABOVE SHALL BE PUNISHED UPON CONVICTION THEREOF AS
PROVIDED FOR MISDEMEANORS IN KMC 13.05.010.
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(KC 6-30; ORDS. 1240, 1858-2000)
6.05.280 RECORD RETENTION.
(A) THE CERTIFICATE OF RETURNS OF THE CANVASSING BOARD SHALL BE
MAINTAINED PERMANENTLY, AND DESCRIPTIONS OF ELECTION BOUNDARIES,
PRECINCTS, AND POLLING PLACES SHALL BE MAINTAINED UNTIL THEY ARE REVISED.
(B) OTHER ELECTION RECORDS SHALL BE MAINTAINED FOR THE PERIOD SET FORTH
BELOW:
FINANCIAL
DISCLOSURE FORM
SIX YEARS
CANDIDATE AFFIDAVIT
OF EXPENSE AND
CONTRIBUTIONS
FIVE YEARS
ELECTION REGISTERS FOUR YEARS
NOMINATING
PETITIONS
THREE YEARS
DECLARATION OF
CANDIDACY
THREE YEARS
REJECTED BALLOTS ONE YEAR,
UNLESS
ELECTION
CONTESTED
CERTIFICATES OF
ELECTION RETURN
REPORTS
PERMANENTLY
(C) THE CITY CLERK SHALL INFORM THE CITY COUNCIL PRIOR TO DESTRUCTION OF
ANY RECORDS, SPECIFYING THE TYPE OF RECORD AND THE DATE OF THE ELECTION
TO WHICH IT RELATES.
(ORDS. 2488-2010, 2556-2011)
6.05.300 VOTING BY MAIL, BALLOTS, BALLOT REVIEW, BALLOT ENVELOPES.
(A) THE CITY CLERK MAY CONDUCT A SPECIAL ELECTION BY MAIL.
(B) WHEN THE CLERK CONDUCTS A SPECIAL ELECTION BY MAIL, THE CLERK SHALL
SEND A BALLOT TO EACH PERSON WHOSE NAME APPEARS ON THE OFFICIAL VOTER
REGISTRATION LIST PREPARED UNDER AS 15.07.125 FOR THAT ELECTION. THE
CLERK SHALL SEND THE BALLOT TO THE ADDRESS STATED ON THE OFFICIAL
REGISTRATION LIST UNLESS THE VOTER HAS NOTIFIED THE CLERK IN WRITING OF A
DIFFERENT ADDRESS TO WHICH THE BALLOT SHOULD BE SENT. THE CLERK SHALL
SEND BALLOTS BY FIRST CLASS, NONFORWARD-ABLE MAIL ON OR BEFORE THE
TWENTY-SECOND (22ND) DAY BEFORE THE ELECTION.
(C) THE CLERK SHALL REVIEW BALLOTS VOTED UNDER THIS SECTION UNDER
PROCEDURES ESTABLISHED FOR THE REVIEW OF ABSENTEE BALLOTS.
(D) THERE SHALL BE A SMALL BLANK ENVELOPE AND A POSTAGE-PAID RETURN
ENVELOPE SUPPLIED TO EACH BY-MAIL VOTER. THE POSTAGE-PAID RETURN
ENVELOPE SHALL HAVE PRINTED ON IT AN AFFIDAVIT BY WHICH THE VOTER SHALL
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DECLARE THE VOTER’S QUALIFICATION TO VOTE, FOLLOWED BY PROVISION FOR
ATTESTATION BY ONE (1) ATTESTING WITNESS, WHO IS AT LEAST EIGHTEEN (18)
YEARS OF AGE. SPECIFIC INSTRUCTIONS FOR VOTING A BY-MAIL BALLOT AND A LIST
OF THE APPOINTED ABSENTEE VOTING OFFICIALS, THEIR HOURS AND LOCATIONS,
SHALL BE MAILED TO EACH VOTER WITH THE BALLOT.
(ORDS. 1800-98, 2488-2010)
6.05.310 CASTING BALLOTS.
(A) UPON RECEIPT OF A MAIL-IN BALLOT, THE VOTER SHALL CAST HIS OR HER
BALLOT IN THE MANNER SPECIFIED IN KMC 6.05.140 THROUGH 6.05.160. IF THE
BALLOT IS CAST IN THE CLERK’S OFFICE, THE CLERK SHALL RETAIN IT FOR DELIVERY
TO THE CANVASSING BOARD. IF THE BALLOT IS CAST IN ANOTHER LOCATION, THE
VOTER SHALL RETURN IT BY MAIL TO THE CLERK IMMEDIATELY FOR DELIVERY TO
THE CANVASSING BOARD.
(B) A VOTER WHO DOES NOT RECEIVE A MAIL-IN BALLOT MAY CAST HIS OR HER
BALLOT IN PERSON AS SPECIFIED IN KMC 6.05.145.
(C) A VOTER MAY RETURN THE MAIL-IN BALLOT TO THE CITY CLERK AS PROVIDED IN
KMC 6.05.160.
(ORD. 1800-98)
6.05.320 NOTICE OF ELECTION, ELECTION DATE, PUBLIC NOTICE.
(A) THE NOTICE OF ELECTION CALLING FOR THE ELECTION MUST STATE THAT THE
ELECTION IS TO BE CONDUCTED BY MAIL AND THAT THERE WILL BE NO POLLING
PLACE OPEN FOR REGULAR IN-PERSON VOTING ON ELECTION DAY. IN A BY-MAIL
ELECTION, ELECTION DAY IS THE DEADLINE BY WHICH A VOTER’S BALLOT MUST BE
RECEIVED BY THE CLERK.
(B) FOR EACH ELECTION CONDUCTED BY MAIL, THE PUBLIC NOTICE WILL BE GIVEN
AS SET FORTH IN KMC 6.05.100.
(ORD. 1800-98)
6.05.330 ABSENTEE VOTING OFFICIAL AND DUTIES.
(A) THE CITY CLERK, OR DESIGNEE, SHALL ACT AS ABSENTEE VOTING OFFICIAL.
(B) THE DUTIES OF THE ABSENTEE VOTING OFFICIAL SHALL BE AS FOLLOWS:
(1) PROVIDE ABSENTEE VOTING IN PERSON ON ANY DATE, INCLUDING THE DAY
OF THE ELECTION, AND ABSENTEE VOTING THROUGH A PERSONAL
REPRESENTATIVE ON ANY DATE, INCLUDING THE DAY OF THE ELECTION, AND
HAVE UNTIL THE DAY OF THE ELECTION TO RETURN THE BALLOTS;
(2) SIGN A VOTER’S BY-MAIL OATH AND AFFIDAVIT ENVELOPE AS AN
AUTHORIZED ATTESTING OFFICIAL, EXCEPT THAT THE ABSENTEE VOTING
OFFICIAL MAY NOT ATTEST HIS OR HER OWN BALLOT;
(3) ACCEPT RECEIPT OF A BY-MAIL VOTER’S HAND-DELIVERED VOTED BALLOT,
WHICH HAS BEEN SWORN TO, ATTESTED AND SEALED IN THE BY-MAIL RETURN
ENVELOPE;
(4) PROVIDE GENERAL VOTER ASSISTANCE, INCLUDING, BUT NOT LIMITED TO,
ASSISTANCE TO A QUALIFIED VOTER WHO CANNOT READ, MARK THE BALLOT, OR
SIGN HIS OR HER NAME, AND PROVIDING REPLACEMENT BALLOTS TO VOTERS
WHO HAVE IMPROPERLY MARKED OR DAMAGED THEIR BALLOTS;
(5) DATE-STAMP ALL BALLOTS RECEIVED;
(6) PROVIDE FOR THE SECURITY AND SAFEKEEPING OF ALL BALLOTS RECEIVED
AND PRESENT THOSE BALLOTS TO THE CLERK FOR CANVASSING.
(ORD. 1800-98)
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6.05.335 ABSENTEE VOTING—BY ELECTRONIC TRANSMISSION.
(A) A QUALIFIED VOTER MAY APPLY TO THE CITY CLERK FOR AN ABSENTEE BALLOT
TO BE SENT TO THE VOTER BY ELECTRONIC TRANSMISSION. SUCH APPLICATION
MUST BE MADE BY THE VOTER NOT LESS THAN THE DAY IMMEDIATELY PRECEDING
THE ELECTION. ABSENTEE BALLOTS WILL BE TRANSMITTED ELECTRONICALLY TO
THE LOCATION (FACSIMILE NUMBER, E-MAIL ADDRESS, OR SIMILAR DESIGNATION)
DESIGNATED IN THE APPLICATION. IF NO LOCATION IS DESIGNATED, AND IF THE
APPLICATION IS RECEIVED NO LATER THAN SEVEN (7) DAYS PRIOR TO THE
ELECTION, THE BALLOT WILL BE MAILED IN THE MANNER PROVIDED IN KMC 6.05.140
FOR DELIVERING ABSENTEE BALLOTS BY MAIL. THE CLERK WILL PROVIDE
REASONABLE CONDITIONS FOR TRANSMITTING ABSENTEE BALLOTS
ELECTRONICALLY.
(B) THE VOTER MAY RETURN THE BALLOT BY MAIL OR BY ELECTRONIC
TRANSMISSION. AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL CONTAIN A
COPY OF THE BALLOT TO BE USED AT THE ELECTION IN A FORM SUITABLE FOR
TRANSMISSION. A PHOTOCOPY OF THE COMPUTERIZED BALLOT CARD TO BE USED
BY PERSONS VOTING IN PERSON AT THE POLLING PLACES IS ACCEPTABLE.
(C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY
ELECTRONIC TRANSMISSION MUST:
(1) CONTAIN THE FOLLOWING STATEMENT: “I UNDERSTAND THAT BY USING
ELECTRONIC TRANSMISSION TO RETURN MY MARKED BALLOT, I AM
VOLUNTARILY WAIVING A PORTION OF MY RIGHT TO A SECRET BALLOT TO THE
EXTENT NECESSARY TO PROCESS MY BALLOT, BUT EXPECT THAT MY VOTE WILL
BE HELD AS CONFIDENTIAL AS POSSIBLE.” FOLLOWED BY THE VOTER’S
SIGNATURE AND DATE OF SIGNATURE; AND
(2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER OATH AS TO THE
VOTER’S IDENTITY; THE STATEMENT UNDER OATH MUST BE WITNESSED BY ONE
(1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER.
(D) THE VOTER MAY RETURN THE BALLOT BY MAIL. THE BALLOT MUST BE MARKED,
ATTESTED, AND RETURNED IN ACCORDANCE WITH KMC 6.05.170(D) IF THE VOTER
RETURNS THE BALLOT BY MAIL.
(E) IF THE VOTER RETURNS THE BALLOT BY ELECTRONIC TRANSMISSION, THE
VOTER MUST COMPLY WITH THE SAME DEADLINES AS FOR VOTING IN PERSON ON
OR BEFORE THE CLOSING HOUR OF THE POLLS.
(F) WHEN A COMPLETED ABSENTEE BALLOT IS RECEIVED BY THE CITY THROUGH
ELECTRONIC TRANSMISSION, THE CLERK WILL NOTE THE DATE OF RECEIPT ON THE
ABSENTEE BALLOT APPLICATION LOG AND, IF THE BALLOT IS RECEIVED ON
ELECTION DAY, THE TIME OF RECEIPT. THE CLERK WILL THEN:
(1) REMOVE THE BALLOT PORTION OF THE TRANSMISSION FROM THE PORTION
THAT IDENTIFIES THE VOTER;
(2) PLACE THE BALLOT PORTION IN A SECRECY SLEEVE;
(3) SEAL THE SECRECY SLEEVE IN AN OUTER ENVELOPE OF THE TYPE USED
FOR ABSENTEE BALLOTS RETURNED BY MAIL, AND SEAL THAT ENVELOPE;
(4) ATTACH THE VOTER IDENTIFICATION PORTION TO THE OUTER ENVELOPE;
AND
(5) FORWARD THE OUTER SEALED ENVELOPE TO THE CANVASSING BOARD FOR
REVIEW.
(G) AN ELECTRONICALLY-TRANSMITTED BALLOT SHALL BE COUNTED IN THE SAME
MANNER AS OTHER ABSENTEE BALLOTS, EVEN THOUGH THIS PROCEDURE MAY
REVEAL TO ONE (1) OR MORE ELECTION OFFICIALS THE MANNER IN WHICH A
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PARTICULAR ABSENTEE VOTER CAST HIS OR HER BALLOT. HOWEVER, IT SHALL BE
UNLAWFUL TO DISPLAY AN ELECTRONIC BALLOT IN A MANNER REVEALING THE WAY
IN WHICH A PARTICULAR VOTER CAST HIS OR HER BALLOT TO ANY PERSON OTHER
THAN THE CITY CLERK, A MEMBER OF THE CLERK’S STAFF, AN INFORMATION
TECHNOLOGIES TECHNICIAN RETAINED BY THE CITY, AN ELECTION OFFICIAL IN THE
COURSE OF HIS OR HER DUTIES, OR AN ATTORNEY ADVISING THE CLERK ON LEGAL
QUESTIONS CONCERNING THE BALLOT.
(ORDS. 2108-2005, 2556-2011)
6.05.340 STORING BALLOTS.
THE CLERK SHALL PROVIDE FOR THE SECURE STORAGE OF THE MAIL-IN BALLOTS
RECEIVED FROM THE VOTERS AND BY-MAIL OFFICIALS UNTIL THE DATE SET BY THE
CLERK FOR THE COUNTING OF THE BALLOTS. (ORD. 1800-98)
CHAPTER 6.10
FILING FOR OFFICE
SECTIONS:
6.10.010 NOMINATING PETITIONS.
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
6.10.030 WITHDRAWAL OF CANDIDACY.
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
6.10.010 NOMINATING PETITIONS.
(A) ANY QUALIFIED PERSON MAY HAVE HIS OR HER NAME PLACED ON THE BALLOT
FOR THE ELECTION AS A CANDIDATE FOR MAYOR OR COUNCIL BY FILING WITH THE
CITY CLERK, BETWEEN AUGUST 1ST, AND AUGUST 15TH, A SWORN STATEMENT OF
HIS OR HER CANDIDACY. IF AUGUST 15TH IS NOT A REGULAR CITY WORKDAY, THE
FILING PERIOD SHALL BE EXTENDED TO THE CLOSE OF BUSINESS OF THE NEXT
REGULAR CITY WORKDAY. SUCH SWORN STATEMENT SHALL BE ACCOMPANIED BY A
NOMINATING PETITION SIGNED BY TWENTY (20) OR MORE REGISTERED, QUALIFIED
CITY VOTERS AS REQUIRED BY THE CITY CHARTER, SECTION 10-3.
(B) NO VOTER SHALL SIGN MORE THAN ONE (1) PETITION EXCEPT THAT A VOTER
MAY SIGN AS MANY NOMINATING PETITIONS FOR COUNCILMEMBERS AS THERE ARE
VACANCIES TO BE FILLED; AND IF A VOTER SIGNS MORE PETITIONS THAN HEREBY
AUTHORIZED, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT AS TO THE
AUTHORIZED NUMBER OF PETITIONS FIRST FILED.
(C) NOMINATION PETITIONS SHALL BE SUBSTANTIALLY IN THE FOLLOWING FORM:
NOMINATING PETITION
WE, THE UNDERSIGNED TWENTY (20)
ELECTORS OF THE CITY OF KENAI, HEREBY
NOMINATE AND SPONSOR
______________________, WHOSE ADDRESS
IS ______________________, FOR THE
OFFICE OF ______________________, TO BE
VOTED FOR AT THE ELECTION TO BE HELD
ON_____________; AND WE INDIVIDUALLY
CERTIFY THAT OUR NAMES PRESENTLY
APPEAR ON THE ROLLS OF REGISTERED
VOTERS OF THE CITY OF KENAI, AND THAT
WE ARE QUALIFIED TO VOTE FOR A
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CANDIDATE FOR AN ELECTIVE MUNICIPAL
OFFICE, AND THAT WE HAVE NOT SIGNED
ANY OTHER NOMINATING PETITION FOR THE
PARTICULAR OFFICE THIS CANDIDATE
SEEKS. CHECK TERM OF OFFICE
CANDIDATE IS SEEKING:______ ONE
YEAR;__________ TWO YEARS; THREE
YEARS.
_____________________________________
(HERE PLACE LINES FOR SIGNATURES,
ADDRESSES, AND DATES OF SIGNING.)
ACCEPTANCE OF NOMINATION
I HEREBY ACCEPT THE NOMINATION
FOR_______ AND AGREE TO SERVE_______
YEARS IF ELECTED.
DATE
FILED:___________
BY:___________
RECEIVED:____________ ______________
CITY CLERK SIGNATURE OF
CANDIDATE
(KC 6-33; ORDS. 247, 803, 995; AMENDED DURING 11-17-01 SUPPLEMENT; ORDS. 2067-
2004, 2562-2011)
6.10.020 SUFFICIENCY OF PETITION—NEW PETITION.
WITHIN THREE (3) DAYS AFTER THE FILING OF THE STATEMENT OF CANDIDACY AND
NOMINATING PETITION, THE CITY CLERK SHALL DETERMINE WHETHER THE
NOMINATING PETITION IS SIGNED BY THE REQUIRED NUMBER OF REGISTERED
VOTERS, AND SO NOTIFY THE CANDIDATE. IF INSUFFICIENT, THE CITY CLERK SHALL
RETURN THE PETITION IMMEDIATELY TO THE CANDIDATE WITH A STATEMENT AS TO
WHY THE PETITION IS INSUFFICIENT. WITHIN THE REGULAR TIME FOR FILING
PETITIONS AND STATEMENTS OF CANDIDACY, A NEW PETITION AND STATEMENT OF
CANDIDACY MAY BE FILED BY THE CANDIDATE. THE ABOVE NOTICE TO THE
CANDIDATE AND THE RETURN OF AN INSUFFICIENT PETITION MAY BE IN PERSON, BY
DELIVERY BY POLICE, OR BY MAIL. (KC 6-34; ORD. 803)
6.10.030 WITHDRAWAL OF CANDIDACY.
ANY CANDIDATE FOR OFFICE MAY WITHDRAW HIS OR HER CANDIDACY AT ANY TIME
BEFORE THE EXPIRATION OF THE TIME WHEN CANDIDATES MAY FILE STATEMENTS
OF CANDIDACY, BY FILING A WRITTEN NOTICE OF WITHDRAWAL WITH THE CITY
CLERK DURING SUCH TIME. (KC 6-35)
6.10.040 PETITION AND STATEMENT TO BE PRESERVED.
THE PETITION AND STATEMENT OF CANDIDACY OF EACH CANDIDATE SHALL BE
PRESERVED BY THE CITY CLERK UNTIL THE EXPIRATION OF THE TERM OF OFFICE
FOR WHICH HE OR SHE WAS A CANDIDATE. (KC 6-36)
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CHAPTER 6.20
INITIATIVE AND REFERENDUM
SECTIONS:
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
6.20.010 PROVISIONS OF CHARTER TO GOVERN.
THE INITIATIVE AND REFERENDUM SHALL BE GOVERNED BY THE CITY CHARTER,
SECTIONS 11-1 TO 11-5. THE PROVISIONS OF THIS CHAPTER OF THIS CODE SHALL
GOVERN ELECTIONS AT WHICH INITIATED AND REFERRED PROPOSALS ARE
SUBMITTED TO THE VOTERS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY ARE
APPLICABLE. (KC 6-37)
CHAPTER 6.30
RECALL
SECTIONS:
6.30.010 PROCEDURES AND GROUNDS.
6.30.010 PROCEDURES AND GROUNDS.
PROCEDURES AND GROUNDS FOR RECALL OF INCUMBENTS OF ELECTIVE OFFICES
OF THE CITY SHALL BE SUCH AS MAY BE PRESCRIBED BY LAW, AS PROVIDED BY THE
CITY CHARTER, SECTION 11-6. THE PROVISIONS OF THIS TITLE OF THIS CODE SHALL
GOVERN RECALL ELECTIONS, AS WELL AS OTHER ELECTIONS, INSOFAR AS THEY
ARE APPLICABLE. (KC 6-38)]
Chapter 6.05
General Provisions
6.05.010 – Scope of Title
This title governs all city elections in which voters of the City are entitled to vote.
6.05.020 – Powers and Duties of the Clerk
The clerk is the election supervisor for and shall administer all city elections.
6.05.030 – Definitions
The following words, terms and phases, when used in this title, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
“Ballot” means any document provided by the clerk or designee on which votes may be case for
candidates or propositions. When the term “ballot” is used in this title is shall mean the official
ballot, except where the context clearly indicates it means the sample ballot or both types of
ballots.
"City election" means any election:
1. To fill a city office;
2. Upon a proposition submitted to the voters under the ordinances of the City; or
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3. That the city is required by law to administer.
"City office" means an elective office under the ordinances of the City.
"Clerk" and “City Clerk” mean the clerk of the City, any properly authorized assistant or designee.
"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special city election.
"Election official" means the clerk and members of all election boards.
"Election supervisor" means the clerk.
"Oath" includes affirmation on penalty of perjury.
"Precinct" means the geographical area for voting purposes that is defined by the Alaska State
Legislature.
"Proposition" includes question.
"Publication" means a newspaper of general circulation or posting in public places.
"Regular election" means a general election to fill city offices as required by Alaska Statutes.
"Registration" or "registered" refers to the form of registration required by the state election code.
For city elections, a person is registered if registered to vote in state elections in the precinct in
which that person seeks to vote 30 days prior to the city election.
"Signature" includes any mark intended as a signature or subscription.
"Special election" means any election held at a time other than when a regular election is held.
"Swear" includes "Affirm".
"Total votes cast" means the total number of votes cast in each seat for candidates whose names
are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of
the ballot. Ballots which are counted as blank votes in a particular race and ballots which are
counted as over votes in a particular race shall not be added into the total votes in determining
the percentage of votes cast.
“Vote center” means any location designated by the clerk for the purpose of providing voter
assistance that is not solely for casting votes for a specific precinct.
"Voter" means any person who presents himself for the purpose of registering to vote or voting,
either in person or by absentee application or ballot.
6.05.040 – Severability
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Should any provision of this title or its application to any person or set of circumstances be held
invalid, the remainder of this title and its application to any persons or circumstances shall not be
affected.
6.05.050 – Election Times.
(a) Regular Election. Annually, on the first Tuesday of October, a regular election shall be
held in the city for the election of vacant city offices and for the determination of other
matters as may be placed on the ballot as authorized by the City Charter, Section 10-1.
(b) Special Election. The council, by resolution or ordinance, may call a special election at
any time at least 75 days prior to the date of the election. Unless the council has set a
date for a required special election, the election supervisor shall call a special election
when required by law or ordinance to place and initiative, referendum, recall, or other
question before the voters.
(c) Nothing in this chapter shall prohibit holding a city election on the same day and by the
same election personnel as a State, Borough, or other public election, or submitting a city
question at such an election, as authorized by the City Charter, Section 10-8.
6.05.060 – Votes Required for Election to Office.
(a) Each city office shall be filled by the candidate receiving the greatest number of votes as
authorized by the City Charter, Section 10-4.
(b) Tie votes. In case of a failure to elect because of a tie vote, the council shall immediately
proceed to recount the votes pursuant to KMC 6.45.010. If there is still a failure to elect
because of a tie after completion of the recount, the election shall be determined fairly by
lot from among the candidates tying, in a meeting of the Council and under its direction,
in accordance with the City Charter, Section 10-4.
6.05.070 – Preservation of Election Ballots, Papers, and Materials.
The clerk shall preserve all precinct election certificates, tallies, registers, receipts for ballots, all
voted ballots, and declarations of candidacy filed for one month after the election is certified,
unless the election is contested. If the election is contested, these records shall be preserved for
one month after the election contest is resolved and the election is certified. These materials may
be destroyed after their retention period has lapsed unless their destruction is stayed by an order
from the court. Certificates of the canvass board are to be preserved as permanent records.
6.05.080 – Election Expenses.
(a) The City shall pay all necessary expenses relating to the conduct of each city election.
Necessary expenses shall include those associated with conducting the election. The
clerk shall retain a record for auditing and payment of election expenses.
(b) The City shall pay each election official and canvass board member an hourly rate for time
spent at his or her election duties, including the receiving of instructions. The election
supervisor shall set the hourly compensation to be paid for time spent by election officials.
6.05.090 – Initiative, Referendum, and Recall.
(a) The initiative and referendum shall be governed by the City Charter, Sections 11-1 to 11-
5. The provisions of this chapter of this Code shall govern elections at which initiated and
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referred proposals are submitted to the voters, as well as other elections, insofar as they
are applicable.
(b) As set forth by the City Charter, Section 11-6, all incumbents of elective offices of the City,
including persons chosen to fill vacancies in such offices, shall be subject to recall from
office by the qualified voters of the City. Procedures and grounds for recall shall be such
as may be prescribed by law. The Council, by ordinance, may further regulate the recall
insofar as such regulation is not in conflict with the State Constitution or law.
6.05.100 – Offenses and Penalties
(a) It is unlawful for any person, firm, or corporation to do any of the following acts, and any
person, firm, or corporation who does any of the following acts shall be guilty of a violation:
(1) Directly or indirectly uses or threatens to use force, coercion, violence, restraint, inflicts,
or threatens to inflict damage, harm, or loss upon or against any person to induce or compel
the person to vote or refrain from voting for any candidate in any election or for any election
proposition or question.
(2) Gives or promises to give, or offers any money or valuable thing to any person, with the
intent to induce him or her to vote for or restrain him or her from voting for any candidate at
any election or any election proposition or question.
(3) Knowingly prints or circulates, or causes to be written, printed, or circulated, any letter,
circular, bill, placard, poster, or other publication relating to any election or to any candidate
at any election or to any election proposition or question without the same bearing on its face
the name and address of the author, printer, and publisher thereof.
(4) Writes, prints, or circulates, or who shall cause to be written, printed, or circulated, any
letter, circular, bill, placard, or poster, or who causes any paid advertisement to be placed in
a newspaper or any other publication, or who pays or contributes to the payment for any such
advertisement, or who makes any radio broadcast, willfully knowing the letter, circular, bill,
placard, poster, publication, paid advertisement, or radio broadcast to contain any false
statement, charge, or comment relating to any candidate to any election or to any election
proposition or question.
(5) Has in his or her possession outside of the voting room any official ballot, provided that
this shall not apply to election officials or other properly authorized persons having such
possession in line of duty.
(6) Makes or knowingly has in his or her possession any counterfeit of an official ballot.
(7) Refuses to allow an employee reasonable time off for the purpose of voting when the
employee does not have a reasonable amount of time to vote before or after work, or who,
after allowing the time off, deducts the time from the compensation of the employee.
(8) Being an election official while the vote centers are open, opens any ballot received from
a voter at an election, or marks a ballot so as to be able to recognize it, or otherwise attempts
to learn how any voter marked their ballot, or allows the same to be done by any other person.
(9) Writes, produces, or assists in writing or producing any published letter, circular, poster,
bill, publication, or placard, knowing that it contains any false statement or false charge
reflecting on the character, morality, or integrity of any candidate at any election.
(10) Votes or attempts to vote in the name of another person or in any name other than his
or her own.
(11) By force, threat, intimidation, or offer of reward, induces or attempts to induce any
election official to fail in his or her duty.
(12) Willfully changes or causes to be changed any official election documents, including
ballots, tallies, and returns, or attempts to do the same.
(13) Willfully delays or causes to be delayed the election returns, or attempts to do so.
(14) Willfully votes or attempts to vote more than once at the same election.
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(15) Signs any name other than his or her own to a petition proposing an initiative,
referendum, or recall, or knowingly signs his or her name more than once for the same
proposition or question at one (1) election, or signs the petition knowing that he or she is not
a qualified voter.
(16) Having been contracted or employed by the City to print or reproduce in any manner
any official ballot, willfully appropriates to him or herself, or gives or delivers to, or knowingly
permits to be taken by anyone other than a person authorized by the City Clerk, any official
ballots, or knowingly prints, reproduces, or causes to be printed or reproduced any official
ballots in any other form or with any other content than that prescribed by the Charter,
ordinance, or as directed by the City Clerk.
(17) Willfully makes a false affidavit or swears falsely under any oath required in connection
with any election or registration for voting or falsely affirms in lieu of so swearing.
(18) Willfully fails to perform any election duty or knowingly does any unauthorized act with
the intent to affect the election or its results.
(19) Willfully permits, makes, or attempts to make any false count or report of the election
returns.
(20) Being an election official, willfully conceals, withholds, wrongfully changes, mutilates,
or destroys the election returns, or attempts to do so.
(b) Any person, firm, or corporation who is guilty of a violation as defined hereinabove shall be
punished upon conviction thereof as provided for misdemeanors in KMC 13.05.010.
Chapter 6.10
Voter Qualifications
6.10.010 – Voter Qualifications
A person is qualified to vote in a city election who:
(a) Have the qualifications for voters prescribed by the City Charter, Section 10-6, the State
Constitution, Article V, Sections1 and 2, and State Law; and
(b) Is registered to vote in state elections at a residence address within the City at least 30
days before the city election at which the person seeks to vote.
6.10.020 – Rules for Determining Residence of Voters.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
(a) A person may not be considered to have gained a residence solely by reason of presence
nor may a person lose it solely by reason of absence while in the civil or military service
of this state or of the United States or by absence because of marriage to a person
engaged in the civil or military service of this state or the United States, while a student at
an institution of learning, while in an institution or asylum at public expense, while confined
in public prison, while engaged in the navigation of waters of this state or the United States
or of the high seas, while residing upon an Indian or military reservation, or while residing
in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(b) The residence of a person is that place in which the person's habitation is fixed, and to
which, whenever absent, the person has the intention to return. If a person resides in one
place, but does business in another, the former is the person's place of residence.
Temporary work sites do not constitute a dwelling place.
(c) A change of residence is made only by the act of removal joined with the intent to remain
in another place. There can only be one place of residence.
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(d) A person does not lose residence if the person leaves home and goes to another country,
state, or place in this state for temporary purposes only and with the intent of returning.
(e) A person does not gain residence in any place to which the person comes without the
present intention to establish a permanent dwelling at that place.
(f) A person loses residence in this city if the person votes in another city’s or borough’s
election or another state’s election, either in person or by absentee ballot, and will not be
eligible to vote in this state again until qualifying under provisions of state law.
(g) The term of residence is computed by including the day on which the person’s residence
begins and excluding the day of election.
(h) The address of a voter as it appears on the official voter registration record is presumptive
evidence of the person’s voting residence. This presumption is negated only if the voter
notifies the Division of Elections in writing of a change of voting residence.
6.10.030 - Notice of voter registration.
Before each election, the clerk shall post on the city website and publish at least twice in a
newspaper of general circulation, a notice of voter registration. The posting and first publication
shall occur not less than 60 days before the election. The notice shall include the qualifications
required to vote and the deadline for registering to vote in the election.
Chapter 6.15
Filing for Office
6.15.010 – Candidate Qualifications
A candidate for elective city office:
(a) Shall have the qualifications required in City Charter, Section 2-1(b), as of the date of the
declaration of candidacy,
(b) Shall provide proof of qualifications for office as required by the clerk, and
(c) Shall submit a nominating petition, on a form provided by the clerk, signed by twenty (20)
or more registered qualified City voters, in accordance with City Charter, Section 10-3.
6.15.020 – Nomination and Declaration of Candidacy.
(a) A candidate for council or mayor may have his or her name placed on the ballot for election
as a candidate for Mayor or Council by filing with the clerk, between August 1st and August
15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn declaration of
his or her candidacy, on a form or forms provided by the clerk, accompanied by the public
financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular
City workday, then candidates shall have until noon on the first workday following to file
their candidacy paperwork.
(b) A nominating petition shall include:
1. The full name of the candidate the petitioners are sponsoring; and
2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate for; and
4. The length of the term of office for which the petitioners are nominating the
candidate for; and
5. Certification that the petitioners’ names appear on current voter registration rolls
for the City of Kenai, are qualified to vote for a candidate for elective municipal
office, and have not signed any other nominating petition for the particular office
the named candidate seeks.
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(c) No voter shall sign more than one (1) petition except that a voter may sign as many
nominating petitions for councilmembers as there are vacancies to be filled; and if a voter
signs more petitions than hereby authorized, his or her signature shall be void except as
to the authorized number of petitions first filed.
(d) A declaration of candidacy shall include:
1. The full name of the candidate and the manner in which he/she wishes his/her
name to appear on the ballot; and
2. The full residence and mailing address of the candidate; and
3. The office for which the candidate declares; and
4. A statement that the candidate is qualified for the office as provided by law; and
5. Certification that the information contained in the declaration of candidacy is true
and accurate; and
6. The date and signature of the candidate; and
7. Attestation and date by the clerk; and
8. Any other information the clerk reasonably requires to determine whether the
candidate is qualified for the office as provided by law.
(e) Within three (3) days after the filing of the declaration of candidacy and nominating
petition, the clerk shall determine whether the nominating petition is signed by the required
number of registered voters, and so notify the candidate. If insufficient, the clerk shall
return the petition immediately to the candidate with a statement as to why the petition is
insufficient. Within the regular time for filing petitions and declarations of candidacy, a new
petition and declaration of candidacy may be filed by the candidate. The above notice to
the candidate and the return of an insufficient petition may be in person or by mail.
6.15.030 – Reserved.
6.15.040 – Correction, Amendments, and Withdrawal of Declaration of Candidacy.
(a) Any candidate may withdraw their nomination at any time during the period for filing a
nomination petition declaration of candidacy by appropriate written notice to the clerk.
However, after the filing period has closed, no declaration may be corrected, amended or
withdrawn.
(b) A declaration of candidacy presented shall not be changed as to term of office. If a
candidate desires to file for a different office, the candidate shall request new forms from
the clerk.
6.15.050 – Campaign Reporting.
All candidates for elective city office shall comply with the Alaska Public Offices Commission
campaign reporting requirements in Alaska Statutes 15.13. The name of the candidate shall be
placed on the ballot by the clerk only after the candidate has complied with this requirement.
6.15.060 – Notice of Vacancy.
At least ten (10) days before nominations are open for each regular or special election, the clerk
shall publish at least twice in a newspaper of general circulation, a notice of offices to be filled at
the election and the procedure for filing a nomination petition and declaration of candidacy for the
offices.
6.15.070 – Watchers.
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Any candidate for elective city office may appoint a watcher for each vote center or counting
center. State law relating to watchers in elections shall govern watchers in city elections insofar
as it is applicable.
Chapter 6.20
Administration of Elections
6.20.010 – Election Notices.
(a) Notice of Election. Before every city election, regular or special, the clerk shall cause to
be published at least twice in a newspaper of general circulation, a notice of election. The
clerk shall also post a notice of election on the official city bulletin board and in two (2)
other public places in the city limits. The posting and first publication shall occur at least
20-days before an election. Each notice of election shall include:
1. The type of election, whether regular or special;
2. The date of the election;
3. A statement that the election is to be conducted by mail and that there will be no
precinct polling places open for the election on election day;
4. The hours and locations the vote centers will be open;
5. The offices to which candidates are to be elected;
6. The subjects of propositions to be voted upon;
7. Voter qualifications and instructions for registration; and
8. Instructions for application for absentee voting.
(b) Failure to publish such a notice of an election shall not affect the validity of the election or
of the vote for any candidate or on any proposal; but, if caused by the clerk, shall constitute
failure to perform his or her official duties.
(c) In addition to the above notice, the clerk shall publish in full, every charter amendment,
every ordinance, and every other question which is to be submitted at an election, except
a referred ordinance which was published in full after passage, not more than four (4)
weeks and at least two (2) weeks before the election in accordance with the City Charter,
Sections 1-7(4) and 10-8.
(d) Notice of Bonded Indebtedness. Before a general obligation bond issue election, the clerk
shall publish notice of total existing bonded indebtedness at least once a week for three
consecutive weeks. The first notice shall be published at least 20-days before the date of
the election. The notice must include:
1. The current total general obligation bonded indebtedness, including authorized but
unsold bonds, of the City;
2. The cost of the debt service on the current indebtedness; and
3. The total assessed valuation within the city.
6.20.020 – Election Officials.
(a) Before each election, the clerk, subject to approval by the council, shall appoint election
officials.
(b) If any appointed election official is not able or refuses to serve, the clerk may appoint a
replacement for that official.
(c) All election officials, before entering upon their duties, must subscribe to the oath required
of all public officers by the Constitution of the State of Alaska in the manner prescribed by
the clerk.
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(d) Candidates shall not serve as election officials. Certain familial relationships may not exist
between a candidate and an election official in regular or special elections. Those familial
relationships are:
1. Mother, mother-in-law, stepmother;
2. Father, father-in-law, stepfather;
3. Sister, sister-in-law, stepsister;
4. Brother, brother-in-law, stepbrother;
5. Spouse; or
6. Person sharing the same living quarters.
(e). If the clerk knows or learns that any of these relationships exist, the election official shall
be notified and replaced.
6.20.030 – Ballot Form.
(a) The ballot shall be designed with the position of names of the candidates set out in the
same order in each section on each ballot used in that election. However, the order of
placement of the names of the candidates for each office shall be randomly determined
by the clerk.
(b) The title of the office to be filled shall be followed by the printed names of the candidates
for such office, below which shall be blank lines equal in number to the candidates to be
elected to such office, upon which the voter may write the names of persons not listed on
the ballot. The words "Vote for no more than _______" with the appropriate number
replacing the blank, shall be placed before the list of candidates for each office. The names
of the candidates shall be printed as they appear upon the declaration filed with the clerk,
except that any honorary or assumed title or prefix shall be omitted. However, the
candidate's name appearing on the ballot may include a nickname or familiar form of a
proper name. The names of candidates shall be set out in order as provided in subsection
A. of this section.
(c) The propositions to be voted on shall follow the candidates for office or shall be on
separate ballots, as the clerk may determine. The words "yes" and "no" shall appear below
each proposition.
(d) Each ballot shall bear the words "Official Ballot," and the date of the election.
(e) A ballot shall be printed either on paper or on card stock as provided in this title.
(f) The ballots shall be consecutively numbered.
6.20.040 – Ballot Preparation and Distribution.
(a) The clerk shall have ballots printed for each election. The clerk may contract for the
preparation and printing of ballots without competitive bidding.
(b) The clerk shall possess the printed ballots at least 21 days before each regular election
and at least 15 days before each special election. At that time, the ballots may be
inspected by any candidate whose name is on the ballot, or by his or her authorized agent,
and any discovered mistake shall be corrected immediately.
(c) The clerk shall have sample ballots available to voters which are identical in form to the
official ballot, and which are printed on colored paper and marked “sample.” Sample
ballots shall be made available at vote centers.
Chapter 6.25
Elections by Mail
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6.25.010 – By-Mail Precincts.
(a) All precincts within the City shall be designated as “by-mail” precincts. The procedures
shall be as follows:
a. Ballots shall be sent to each registered voter in the precinct on or before the 21st
day prior to the regular or special election
b. Voted ballots must be postmarked on or before midnight of Election Day and
received by the clerk no later than the Tuesday following the election.
(b) Voters wishing to vote in person may do so at designated vote center(s).
6.25.020 – Procedures for Conducting Elections by Mail.
(a) The clerk shall mail by non-forwardable mail an official ballot package with a return
identification envelope addressed to the Clerk’s Office and a secrecy sleeve. The ballot,
return envelope, and secrecy envelope shall be mailed no later than the 21st day before
the date of a regular or special election. The ballot shall be sent to the address stated on
the official registration list unless:
1. The voter has notified the clerk in writing of a different address to which the ballot
should be sent; or
2. The address on the official registration list has been identified as being an
undeliverable (UN) address or is in the condition of purge notice (PN).
(b) On receipt of any ballot described in this section, the voter shall mark the ballot, sign the
return identification envelope supplied with the ballot, and comply with the instructions
provided with the ballot. The voter may return the marked ballot to the Clerk’s Office by
return mail or by depositing the ballot at any place of deposit designated by the clerk. The
ballot must be returned in the identified envelope. A ballot must be received by the clerk
or at a place of deposit designated by the clerk, not later than the end of the period
determined under regulations established by the clerk.
Chapter 6.30
Absentee and Vote Center Voting.
6.30.010 – Administration of Absentee Voting.
The clerk shall provide general administrative supervision over the conduct of absentee voting.
The clerk shall make available, instruction to absentee voters regarding the procedure for
absentee voting.
6.30.020 – Designation of Absentee Voting Officials.
The clerk may appoint any person qualified to vote in state elections to act as absentee voting
officials. The clerk shall supply adequate voting supplies and ballots to the absentee voting
officials. After taking an oath in the form required of election officials, an absentee voting official
may perform all the duties of an election official with respect to the issuance, witnessing and
receipt of absentee ballots at such places and times as the clerk may designate. Each absentee
voting official shall transmit the dated envelopes containing the marked ballots to the clerk in the
manner set forth in the written instructions provided by the clerk. Upon receipt of the absentee
ballots, the clerk shall hold the ballots in a secure location until they can be transferred to the
canvass board along with the absentee in person registers and other election materials received
from the absentee voting official.
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6.30.030 – Eligibility.
Any qualified voter may vote at a vote center for the precinct in which the voter resides and is
registered whether inside the city or not.
6.30.040 – Fee Prohibited.
No person may receive a fee from the voter for attesting to any voter’s certificate required in voting
absentee.
6.30.050 – Materials for Absentee Voting.
The clerk shall provide ballots for use as absentee ballots for all precincts, and shall provide a
small envelope in which the voter shall initially place the marked ballot, and shall provide a larger
envelope, with the prescribed voter's certificate on the back, in which the smaller envelope with
ballot enclosed shall be placed. The clerk shall provide the form of and prepare the voter's
certificate on the back, in which the smaller envelope with ballot enclosed shall be placed. The
clerk shall provide the form of and prepare the voter's certificate which shall include an oath, for
use when required, that the voter is a qualified voter in all respects, a blank for the voter's
signature, a certification that the affiant properly executed the marking of the ballot and identified
themselves, blanks for the attesting official or witnesses, and a place for recording the date the
envelope was sealed and witnessed.
6.30.060 – Vote Center Voting – In Person.
(a) A qualified voter may apply in person for an absentee ballot at the office of the clerk during
regular office hours, or the voter may apply to the borough clerk’s office or election official
during regular office hours.
(b) On receipt of an application in person for an absentee ballot and exhibition of proof of
identification as required in this title, the election official shall issue the ballot to the applicant.
(c) The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope,
to place the small envelope in the larger envelope in the presence of the election official who
shall sign as attesting official and date of the signature. The election official shall then accept
the ballot.
(d) The election official may not accept a marked ballot that has been exhibited by an absentee
voter with intent to influence other voters. If the voter improperly marks or otherwise damages
a ballot, the voter may request, and the election official shall provide the voter with another
ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be
destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.
(e) Each election official shall keep a record of the names and the signatures of voters who cast
absentee ballots before the election official and the dates on which the ballots were cast.
(f) Fifteen minutes before the closing of the vote center, and at the time of closing the voter
center, an election official shall announce both the designated closing time and the actual time
at which the announcement is made. Failure to make the announcement at 15 minutes before
closing time shall not in any way invalidate the election or extend the time for closing of the
voter center. After closing, no person will be allowed to enter the voter center for purposes of
voting. Every qualified voter present and in line at the time prescribed for closing the voter
center may vote.
(g) When the vote centers are closed and the last vote has been cast, the election official shall
account for all ballots by completing a ballot statement containing, in a manner prescribed by
the clerk, the number of official ballots supplied.
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6.30.070 – Absentee Voting – By Mail.
(a) A qualified voter may apply for an absentee ballot by mail if postmarked not earlier than the
first of the year in which the election is to be held nor less than seven days before an election.
A voter may request his name be placed on permanent absentee by mail status. The
application shall include the address to which the absentee ballot is to be returned, the
applicant's full Alaska residence address, and the applicant's signature.
(b) After receipt of an application for an absentee ballot by mail, the clerk shall send the absentee
ballot and other absentee voting material to the applicant by first class mail. The materials
shall be sent as soon as they are ready for distribution. The return envelope sent with the
materials shall be addressed to the clerk.
(c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public,
commissioned officer of the armed forces including the National Guard, district judge or
magistrate, United States postal official, or other person qualified to administer oaths, may
proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the
small envelope in the larger envelope, and to sign the voter's certificate on the back of the
larger envelope in the presence of an official listed in this subsection who shall sign as
attesting official and shall date his signature. If none of the officials listed in this subsection
are reasonably accessible, an absentee voter shall have the ballot witnessed by a person
over the age of 18 years.
(d) An absentee ballot must be marked and attested on or before the date of the election. If the
voter returns the ballot by mail, he shall use the most expeditious mail service and mail the
ballot not later than the day of the election to the clerk. It must be postmarked on or before
midnight of Election Day and received by the clerk no later than noon on the seventh day
following the election. Ballot envelopes received after that time shall not be opened but shall
be marked "invalid", with the date of receipt noted thereon, and shall be preserved with other
ballots of the election.
(e) The clerk may require a voter casting an absentee ballot by mail to provide proof of
identification or other information to aid in the establishment of his identity.
(f) The clerk shall maintain a record of the name of each voter to whom an absentee ballot is
sent by mail. The record must list the date on which the ballot is mailed and the date on which
the ballot is received by the clerk and the dates on which the ballot was executed and
postmarked.
6.30.080 – Absentee Voting – By Electronic Transmission.
(a) A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such
request must be made not less than the day immediately preceding the election. Absentee
ballots will be electronically transmitted to the location designated in the application. If no
location is designated, and if the request is received no later than seven (7) days prior to the
election, the ballot will be mailed in the manner provided in KMC 6.35.070 for absentee ballots
by mail. The clerk will provide reasonable conditions for electronically transmitting absentee
ballots.
(b) A ballot electronically transmitted shall contain a copy of the ballot to be used at the election
in a form suitable for transmission. A photocopy of the computerized ballot card to be used by
persons voting in person at the vote center is acceptable.
(c) An absentee ballot that is completed and returned by the voter by electronic transmission
must:
1. Contain the following statement: "I understand that by using electronic transmission to
return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to
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the extent necessary to process my ballot, but expect that my vote will be held as
confidential as possible.", followed by the voter's signature and date of signature; and
2. Be accompanied by a statement executed under oath as to the voter's identity; the
statement under oath must be witnessed by one United States citizen who is 18 years of
age or older.
(d) The voter shall mark the ballot on or before the date of the election and shall use a mail service
at least equal to first class and mail the ballot not later than the day of the election to the clerk.
The ballot may not be counted unless it is received by noon on the seventh (7th) day after the
election.
(e) A voter who returns the absentee ballot by electronic transmission must comply with the same
deadlines as for voting in person on or before the closing hour of the vote centers.
(f) When a completed absentee ballot is received by electronic transmission, the clerk will note
the date of receipt on the absentee ballot application log and, if the ballot is received on
Election Day, the time of receipt. The clerk will then:
1. Remove the ballot portion of the transmission from the portion that identifies the voter;
2. Place the ballot portion in a secrecy sleeve;
3. Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots
returned by mail, and seal that envelope;
4. Attach the voter identification portion to the outer envelope; and
5. Forward the outer sealed envelope to the canvas board for review.
(g) An electronically transmitted ballot shall be counted in the same manner as other absentee
ballots, even though this procedure may reveal to one or more election officials the manner in
which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display
a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot
to any person other than the clerk, a member of the clerk's staff, an election official in the
course of his or her duties, or an attorney advising the clerk on legal questions concerning the
ballot.
6.30.090 – Special Needs Voting.
A qualified voter with a disability who, because of that disability, is unable to go to a vote center
to vote may vote a special needs ballot. Special needs ballots shall be issued and accounted for
in accordance with the rules adopted by the state for use in state elections and in effect at the
time of the local election.
6.30.100 – Prohibitions.
(a) During the hours that the vote centers are open, no election official may discuss any political
party, candidate or issue while on duty.
(b) During the hours the vote centers are open, no person who is in the voter center or within 200
feet of any entrance to the voter center may attempt to persuade a person to vote for or against
a candidate, proposition or question. Nor may any person conduct other political activities that
may pertain to any future election or potential ballot proposition. The election official shall post
warning notices in the form and manner prescribed by the clerk.
(c) No voter may exhibit a ballot to an election official or any other person so as to enable any
person to ascertain how the voter marked the ballot, except as provided in this chapter.
(d) While the vote centers are open no election official may open any ballot received from a voter,
mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to
learn how a voter marked a ballot, or allow the same to be done by another person.
(e) No person may leave the voter center with the official ballot that the person received to mark.
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6.30.110 – Assisting Voter.
A qualified voter who cannot read, mark the ballot, or provide a signature may request assistance
from an election official or not more than two persons of the voter’s choice. If the election official
is requested, the official shall assist the voter. If any other person is requested, the person
providing assistance shall state upon oath before the election official that the voter’s ballot will be
kept confidential.
6.30.120 – Spoiled Ballots.
The election supervisor shall specify uniform procedures for replacement, registration and
disposition of spoiled ballots. These uniform procedures shall be provided in writing to the election
judges.
6.30.130 – Placing Ballot in Ballot Box.
When the voter has marked the ballot, the voter shall inform the election official. The clerk may
require that the voter return the ballot to the election official temporarily so that any stub which
may be part of the ballot may be removed by the election official. Any such requirement shall
protect the secrecy of the ballot. In all cases the ballot shall be deposited in the ballot box by the
voter in the presence of the election off icial unless the voter requests the election official to deposit
the ballot.
Chapter 6.35
Ballot Counting Procedures.
6.35.010 – Commencement of Ballot Count.
Upon receipt of voted ballot packages the election official will verify that the voter has provided at
least one identifier, signed the envelope and that the signature has been witnessed. If the ballot
package is complete and valid, the package will be sorted by precinct and the ballot and identifying
envelope will be separated. The ballot will proceed to be scanned and counted. The unofficial
results will not be tallied until the end of the designated election period.
6.35.020 – General Procedure for Ballot Count.
The clerk may issue rules prescribing the manner in which the precinct ballot count is
accomplished so as to assure accuracy in the count and to expedite the process. The election
board shall account for all ballots by completing a ballot statement containing (1) the number of
official ballots received; (2) the number of official ballots voted; (3) the number of official ballots
spoiled; (4) the number of official ballots unused and destroyed. Discrepancies shall be noted and
the numbers included in the certificate prescribed by the clerk. When hand counting ballots, the
election official shall count the ballots in a manner that allows watchers to see the ballots when
opened and read. No person handling the ballot after it has been taken from the ballot box and
before it is placed in the envelope for mailing may have a marking device in hand or remove a
ballot from the immediate vicinity.
6.35.030 – Rules for Counting Hand-Marked Ballots.
(a) The election officials shall count hand marked ballots according to the following rules:
1. A voter may mark his or her ballot with a cross mark, “X” mark, diagonal, horizontal
or vertical mark, solid mark, star, circle, asterisk, check or plus sign using the
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parking device provided at the vote center or with any black-inked marker. The
marks will be counted only if they are clearly spaced in the square opposite the
name of the candidate the voter desires to designate.
2. A failure to properly mark a ballot as to one or more candidates does not itself
invalidate the entire ballot.
3. If a voter marks fewer names than there are persons to be elected to the office, a
vote shall be counted for each candidate properly marked.
4. If a voter marks more names than there are persons to be elected to the office, the
votes for candidates for that office shall not be counted.
5. The mark specified in subsection 1 of this section shall be counted only if it is
substantially inside the square provided, or touching the square so as to indicate
clearly that the voter intended the particular square marked.
6. Improper marks on the ballot shall not be counted and shall not invalidate marks
for candidates properly marked.
7. An erasure or correction invalidates only that section of the ballot in which it
appears.
(b) The rules set out in this section are mandatory and there shall be no exceptions to them.
A ballot may not be counted unless marked in compliance with these rules.
6.35.040 – Write-in Votes.
(b) Write-in votes are not invalidated by writing in the name of a candidate whose name is printed
on the ballot unless the election board determines, on the basis of other evidence, that the
ballot was so marked for the purpose of identifying the ballot.
(c) In order to vote for a write-in candidate, the voter must write a candidate's name in the space
provided and, in addition, mark the square opposite the candidate's name in accordance with
KMC 6.35.030(a). Stickers may not be used. Use of stickers can cause that portion of the
ballot to be invalidated.
(d) Write-in votes shall only be tabulated by person if the total number of write-in votes for an
office exceeds the smallest number of votes cast for a candidate for that office whose name
is printed on the ballot.
6.35.050 – Disqualified Candidate.
Votes cast for a candidate who is disqualified shall not be counted for any purpose.
6.35.060 – Tally of Votes.
Tally of votes cast by paper ballots. The clerk shall issue instructions and shall provide forms and
supplies for the tally of votes cast by paper ballot so as to assure accuracy and to expedite the
process. The election board shall canvass and count the votes according to the rules for
determining marks on ballots prescribed in KMC 6.30.030. The election board shall canvass the
ballots in a manner that allows watchers to see the ballots when opened and read. No person
handling the ballot after it has been taken from the ballot box and before it is placed in the
envelope for delivery to the election supervisor may remove a ballot from the immediate vicinity
of the polls or have a marking device in hand.
6.35.070 – Completion of Ballot Count.
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When the tally of hand counted ballots is completed, and in no event later than the day after the
election, the election board shall make a certificate in duplicate of the results. The certificate
includes the number of votes cast for each candidate, for and against each proposition, yes or no
on each question, and any additional information prescribed by the election supervisor. The
election 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 election supervisor one copy of the
certificate and the register. In addition, all ballots properly cast shall be mailed or hand delivered
to the election supervisor. The package shall clearly indicate the precinct from which it came. To
assure adequate protection the election supervisor shall prescribe the manner in which the
ballots, registers and all other election records and materials are thereafter preserved, transferred
and destroyed.
Chapter 6.40
Canvassing and Certification of Election Results.
6.40.010 – Canvass Board.
(a) Pursuant to the provisions of Section 10-9 of the Charter of the City of Kenai, there is hereby
established a Canvassing Board for the canvassing of all City elections; regular and special, and
to ascertain and declare the results thereof, as follows:
(1) The City Clerk is hereby designated as the Chair of the Canvassing Board.
(2) The Canvassing Board shall consist of the City Clerk and up to eight (8) additional judges
selected from among the qualified voters of the city. In the event any such appointed member
of the Board is absent from the city, ill, or otherwise unable to attend at the time set for
canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge
from the same precinct to substitute for the appointed member.
(b) All members of the election canvass board, before entering upon their duties, must subscribe
to the oath required of all public officers by the Constitution of the State of Alaska in the manner
prescribed by the clerk.
6.40.020 – Preparation for Counting Ballots Delivered by Mail.
(a) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
(b) Not sooner than the tenth day before the date of an election, in preparation for counting ballots
delivered by mail, the election supervisor may:
1. begin opening return identification and secrecy envelopes of ballots delivered by mail and
received; and
2. take any other actions that are necessary to allow the counting of ballots delivered by mail
to begin at 8:00 p.m., local time, on election day.
6.40.030 – Canvass of Returns.
(a) The canvassing board shall meet on the Tuesday following each election, the election canvass
board shall meet in public session and canvass all election returns. In full view of those
present, the election canvass board shall judge the applicability of by mail and absentee
ballots, shall open and tally those accepted, and shall compile the total votes cast in the
election. Upon completion of the canvass, the canvassing board shall prepare a final
certificate of the results of votes cast by absentee ballot and of votes cast by mail ballot, and
shall prepare a written report of the results.
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(a) The clerk, as chair of the canvassing board, shall report the results of the election to the
council at the next regular council meeting following the meeting of the canvassing board.
6.40.040 – Voters Not on Official Registration List.
A person whose registration has been canceled under AS 15.07.130(b) shall not have their ballot
counted.
6.40.050 – Certification of the Election Results.
(b) At the next regular council meeting following the meeting of the canvassing board, the council
shall meet in public session to receive the report of the canvass board. If, after considering
the report, the council determines that the election was validly held, the election shall be
certified by resolution and entered upon the minutes of the meeting, together with the total
number of votes cast for each candidate and for or against each proposition or question.
(c) If the canvass board reports that a failure to comply with provisions of state law and city
ordinances, or an illegal election practice has occurred, and that such failure is sufficient to
change the outcome of the election, then the council may exclude the votes cast in one or
more precincts where such failure or illegal practices occurred from the total returns, or may
declare the entire election invalid and order a new election.
(d) If the canvass board reports an apparent discrepancy in the returns of one or more precincts,
the council may order a recount of votes cast in said precinct or precincts. Such recount shall
be conducted immediately by the canvass board and the results shall be reported to the
council. The council shall meet as soon as possible to certify the results of the election
recount.
(e) Upon certification of a valid election, the clerk shall deliver to each person elected to office a
certificate of election, signed by the clerk and authenticated by the seal of the city, in
accordance with City Charter, Section 10-9.
Chapter 6.45
Election Recount.
6.45.010 – Recount Application.
(a) Any defeated candidate or any ten (10) qualified voters, who believe that a mistake has been
made by an election official or by the canvass board in counting the votes in any election, may
make an application in writing to the clerk for a recount of the votes for any particular office or on
any particular question. The application must be filed in the office of the City Clerk within twenty-
four (24) hours, excluding any Saturday, Sunday, or holiday after the council certifies the results
of the vote being questioned. In case of a tie vote between two (2) or more candidates, to which
only one candidate is to be elected, the clerk shall initiate a recount.
(b) The application shall include a deposit in cash or by certified check for the amount listed in
the most current City of Kenai Schedule of Rates, Charges and Fees. The deposit shall be applied
against any costs incurred or refunded if there is no liability for recount costs.
(c) A recount application shall state in substance the basis of the belief that a mistake has been
made and shall identify the particular precinct, office, proposition or question for which the recount
is to be held and shall state that the person making the application is a candidate or that the ten
persons making the application are qualified voters. The candidate or person making the
application shall designate by full name and mailing address two persons who shall represent the
applicant during the recount. Any person may be named representative, including the candidate
or any person signing the application. Applications by ten qualified voters shall also include the
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designation of one of the number as chairman. The candidate or persons making the application
shall sign the application and shall print or type their full name and mailing address.
6.45.020 – Date of Recount – Notice.
(a) If the clerk determines that the application is substantially in the required form, the clerk shall
fix the date of the recount to be held within forty-eight (48) hours, excluding any Saturday,
Sunday, or holiday, after the receipt of an application requesting a recount of the votes in a
city election after it has been initiated under KMC 6.45.010.
(b) The clerk shall give the recount applicant and other directly interested parties notice of the
time and place of the recount by telephone or electronic transmission.
6.45.030 – Procedure for Recount.
(a) If a recount of ballots is demanded, the clerk shall appoint a recount board of four or more
qualified voters to conduct the recount of ballots or those precincts cited in the application for
recount.
(b) In conducting the recount, the recount board shall review all ballots to determine which ballots
or parts of ballots, were properly marked and which ballots are to be counted in the recount,
and shall check the accuracy of the original count, the precinct certificate, and the review. For
administrative convenience, the clerk may join and include two or more applications in a single
review and count of votes. The rules governing the counting of marked ballots shall be
followed in the recount.
(c) The ballots and other election materials shall remain in the custody of the clerk during the
recount and the highest degree of care shall be exercised to protest the ballots against
alteration or mutilation. The recount shall be completed within ten (10) days.
6.45.040 – Certification of Recount Result.
Upon completion of the recount, the recount board shall meet and adopt a report of the results of
the recount for submission to the council. The council shall abide by procedures for issuing a
certificate of the election as set forth in this title. The clerk shall promptly issue another election
certificate if a change in the results requires it.
6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount.
If, upon recount, a different candidate or position on a proposition or question is certified or if the
vote on recount is four percent (4%) or more in excess of the vote originally certified for the
candidate or position on a proposition or question supported by the recount application, the entire
deposit shall be refunded to the recount applicant; otherwise, it shall be placed in the general fund
of the City. If this section does not require that the entire deposit be refunded, the clerk shall
refund any money remaining after the cost of the recount has been paid from the deposit. If it is
determined that the contestant shall bear the costs of the recount pursuant to this section, and
the deposit is insufficient to cover the costs, the City may recover the excess costs from the
contestant. If the recount is obtained by voters, each of them shall be individually liable for the
whole amount of such expense.
6.45.060 – Appeal to the Courts After Recount.
Any candidate or a majority of the persons who requested a recount who have reason to believe
that an error has been made in the recount involving any candidate or question, may appeal to
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the Superior Court in accordance with applicable court rules governing appeals in civil matters.
The filing of the appeal and the proceedings shall be, as nearly as may be, as in case of such an
appeal made after a recount in a State election.
Chapter 6.50
Contest of Election.
6.50.010 – Grounds for Election Contest.
A candidate or any ten (10) qualified voters of the city may contest the election of any person or
the approval or rejection of any question or proposition upon one or more of the following grounds:
(a) Malconduct, fraud or corruption by an election official sufficient to change the result of the
election;
(b) The person elected is not qualified under law or ordinance; or
(c) Existence of a corrupt election practice, as defined by the laws of the State of Alaska, sufficient
to change the result of the election.
6.50.020 – Contest Procedure.
(a) Notice of contest of an election shall be submitted in writing to the clerk before five p.m. on
the day of the certification of the election or to the council at its meeting to certify the election
returns. The notice of contest shall specify the election being contested, the grounds of the
contest, and shall bear the notarized signatures of the candidate or qualified voters bringing
the contest. The notice shall be in substantially the following form:
NOTICE OF ELECTION CONTEST
The undersigned contest the regular (or special) election of the City of Kenai held on the
_____ day of __________________. The grounds for the contest are as follows:
Signature and date
(Notarization)
(b) Upon receiving a notice of contest, the council shall order an investigation be conducted by
the clerk and city attorney. Those contesting the election, those whose election is contested,
and the public shall be allowed to attend all investigation and recounting proceedings.
(c) If the contest involves the eligibility of voters, the council shall direct the clerk to recheck the
most current state registration lists. After considering the reports of the investigating officials
and any other proof, the council shall determine whether any illegally cast votes could have
affected the election results. If they could not have, the council may so declare and determine
the election valid and certify the results pursuant to this title.
(d) If the contest involves other prohibited election practices which are shown to have taken place,
the council, in certifying the election returns, shall exclude the vote of the precincts where
such practices occurred. If it is determined that such exclusion could not affect the election
results, the council shall declare the election valid and certify the results pursuant to this title.
(e) The contestants shall pay all costs and expenses incurred in a recount of an election as
provided by KMC 6.45.010.
6.50.030 – Appeal or Judicial Review.
A person may not appeal or seek judicial relief of an election for any cause or reason unless the
person is qualified to vote in the city, has exhausted all administrative remedies before the council,
and has commenced within ten (10) days after the council has finally declared the election results,
Ordinance No. 3127-2020
Page 37 of 37
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
an action in the superior court. If an action under this section is not commenced within the ten-
day period, the election and the election result shall be conclusive, final, and valid in all respects.
Chapter 6.55
Special Elections.
6.55.010 – Procedure.
The clerk shall conduct special elections in accordance with the procedures set out in this title for
a regular election.
Section 2. Severability: That if any part or provision of this ordinance or application thereof to
any person or circumstances is adjudged invalid by any court of competent jurisdiction, such
judgment shall be confined in its operation to the part, provision, or application directly involved
in all controversy in which this judgment shall have been rendered, and shall not affect or impair
the validity of the remainder of this title or application thereof to other persons or circumstances.
The City Council hereby declares that it would have enacted the remainder of this ordinance even
without such part, provision, or application.
Section 3. Effective Date: That this ordinance shall take effect on January 1, 2021.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2020.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, CMC, City Clerk
Introduced: May 20, 2020
Enacted: *, 2020
Effective: *, 2020
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Robert Peterkin, Council Member
DATE: May 14, 2020
SUBJECT: Ordinance No. 3127-2020
In January 2019 the Kenai Peninsula Borough formed the Election Stakeholder Group in response
to an ADA complaint related to election practices and I, along with Mayor Gabriel, City Manager
Ostrander, and City Clerk Heinz participated in the group’s meetings. The group’s guiding
principles included maximizing accessibility and inclusivity, ensuring efficiency and conservation
of public resources, ensuring voter satisfaction and confidence, ensuring longevity in the solution,
promoting coordination and collaboration, ensuring security and integrity of the voting system,
encouraging higher voter turnout, and ensuring continuity of election operations. The group
received presentations from local clerks, the State of Alaska Division of Elections, the Municipality
of Anchorage, the United States Postal Service, and the Kenai Peninsula Borough’s (KPB) current
ballot printer. The group also received demonstrations from two software/hardware providers.
Presentations reviewed both polling place and vote by mail structures. The group unanimously
adopted six recommendations, the number one recommendation being to transition the election
process from a polling site structure to a vote by mail hybrid structure. On September 18, 2019,
the Kenai City Council adopted Joint Resolution No. 2019-001, recognizing the recommendations
of the KPB Election Stakeholders Group and directing staff to explore implementation of the
recommendations.
In December 2019, the KPB clerk’s office contracted with Resource Data for the completion of a
feasibility study and cost analysis for a vote by mail system implementation and, Resource Data’s
final feasibility study, in section 2.1. Overall Assessment, indicated that they believed that KPB
would be able to successfully transition to an area-wide vote by mail election process.
The City of Kenai shares approximately 6,000 voters with KPB and traditionally, much of the
election process is a joint effort making voting both in the City of Kenai and KPB elections not
only a more convenient process for the shared voters but a more fiscally responsible one.
Ordinance 3127-2020 will codify and implement the vote by mail hybrid system recommended by
the Election Stakeholders Group in conjunction with KPB to continue to provide convenient,
secure and fiscally responsible elections to the city’s voters in a sustainable and accessible way.
Your consideration is appreciated.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz
DATE: May 12, 2020
SUBJECT: Ordinance No. 3127-2020
Following is an analysis of how our current election code was incorporated into Ordinance No.
3127-2020, highlights potential policy changes, and discusses which sections of our current
election code would no longer be needed if the city were to move to a by-mail election process.
6.05.010 is new and provides a scope for the title.
6.05.020 replaces current 6.05.070, indicates that the clerk administers elections, and was
adapted from Kenai Peninsula Borough (KPB) Code.
6.05.030 is new, provides definitions, and was incorporated as found in KPB’s code as potentially
amended by KPB Ordinance No. 2020-24.
6.05.040 is new, provides a severability clause, and was incorporated from KPB’s code.
6.05.050 speaks to timing of elections, is adapted from KPB code, includes some details from our
own city charter, and provides a timeline for a special election. Subsection (c) replaces current
6.05.260.
6.05.060 speaks to the number of votes required for election to office, includes detail from city
charter, and is adapted from KPB code; subsection (b) replaces current 6.05.130.
6.05.070 speaks to record retention and replaces current 6.05.280. This section is adapted from
KPB code and reduces retention of most records to 30 days after certification of election. Because
retention of some election certification records is permanent, windows of appeal periods being
small, and certification finalizing the election the records being reduced to the shortened retention
length would no longer be needed; others are not the City’s record but Alaska Public Offices
Commission’s (APOC) record. Ordinance No. 3128-2020 is a companion ordinance to this one
and moves retention of financial disclosure forms, as is, to Title 1.
6.05.080 replaces current 6.05.050; addresses the city paying all necessary expenses relating to
its elections and was modified to remain consistent with KPB regarding wages and by-mail.
6.05.090 replaces current chapters 6.20 and 6.30 relating to initiative, referendum, and recall
situations.
Page 2 of 4
6.05.100 brings offenses and penalties forward which are currently in 6.05.270. Some offenses
to note are, using force to coerce a voter to vote in a certain way and voting or attempting to vote
in the name of another person or in any name other than his or her own. Punishments for
convicted violations are spelled out in KMC 13.05.010 so, our own police department could be
leveraged to investigate.
6.10.010 replaces current 6.05.010 relating to voter qualifications, is also spelled out in charter,
and adds a bit more language specific to registration; this was adapted from City of Soldotna
(CoS) and KPB.
6.10.020 is new and was included pursuant to KPB and CoS. It was modified from AS 15.05.020.
This information would provide something for the city to look to in the event of an election contest.
6.10.030 is new in the code but has been past practice; a joint advertisement with CoS.
6.15.010 and 6.15.020 pull a lot of information from city charter and replace current chapter 6.10.
They go into more detail about what information is included in nomination petitions and
declarations of candidacy. A change here which was incorporated from KPB code modifies the
ending of the filing period in the event August 15 falls on a weekend or holiday with the extended
deadline being noon on the designated day instead of close of business.
6.15.030 is new; was copied from a KPB ordinance which was adopted in January. This section
will provide review processes for determining candidate qualifications and also in the event of an
election contest similar to what Homer, KPB, and Haines have experienced.
6.15.040 provides an opportunity for a candidate to amend and withdraw their candidacy. It
contains some information from current 6.10.030 and was adapted from KPB code.
6.15.050 is new and is a policy decision relating to campaign reporting; it was taken from KPB
code. It can be left as it is which puts the clerk in the position of policing state law, or the second
sentence can be removed putting the onus on the candidate. It is current practice that the clerk
provides information for accessing APOC to determine what type of reporting would be necessary.
6.15.060 would be a new policy in our code and was taken from KPB and COS.
6.15.070 is a new policy for our code but is current practice, likely taken from KPB at some point.
6.15.080 speaks to watchers and is in our current code as 6.05.060. It is not in KPB code so
Anchorage code was looked to for rewording in a by mail situation.
6.20.010 covers election notices and replaces current 6.05.320. Timing changes match KPB. A
notice of bonded indebtedness was included which isn’t currently mentioned in our code.
6.20.020 regarding election officials replaces current 6.05.040 regarding poll workers and now
matches KPB’s ordinance 2020-24 for by mail.
6.20.030 is new and specifies ballot form.
6.20.040 speaks to ballot preparation and distribution, and covers what is currently 6.05.080; this
was copied from KPB so election resources could continue to be shared.
Page 3 of 4
Chapter 6.25 speaks to by mail elections and is copied from KPB’s ordinance 2020-24 for by mail;
6.25.010 incorporates current 6.05.030 to the extent possible with a transition to a by mail election.
6.30.010 is new and speaks to the clerk supervising absentee voting; it was copied from KPB
code.
6.30.020 speaks to absentee voting officials and was copied from KPB code and ordinance
2020-24; it covers current 6.05.340 and 6.05.330.
6.30.030 and 6.30.040 discuss who is eligible to vote by mail and prohibits someone collecting a
fee for attesting a voter’s certificate required on an absentee ballot; these were copied from KPB
code.
6.30.050 discusses the clerk providing materials for absentee voting and covers the absentee
portion of current 6.05.080.
6.30.060 discusses voting in person in a vote center and was copied from KPB ordinance 2020-
24 to provide for sharing resources; this section covers portions of current 6.05.145, 150, and
160.
6.30.070 discusses voting absentee by mail and was adapted from KPB code and ordinance
2020-24. This section addresses portions of current 6.05.140, 145, 150, 160, and 170. It also
speaks to a portion of current 6.05.120(c). A new policy here provides that a permanent absentee
by mail list will be provided by the City. This is in KPB’s existing code and was being considered
by the state through HB115 which died in committee when legislature adjourned.
6.30.080 speaks to voting absentee by electronic transmission and incorporates current code
sections 6.05.145, 150, 160, 170, and 335.
6.30.090 is not in our current code; however, has been our practice.
6.30.100 speaks to electioneering rules and was not previously codified by the city; it was copied
from KPB code.
6.30.110 provides guidance on assisting voters and was not previously codified by the city; it was
also copied from KPB code.
6.30.120 provides for the clerk to specify rules for spoiled ballots and has been practice though it
has never been in code; it was copied from KPB code.
6.30.130 discusses ballot boxes in the vote centers and covers current 6.05.090 to the extent
possible with a mostly by mail election; it was copied from KPB code as may be amended by
ordinance 2020-24.
Chapter 6.35 is copied from KPB’s code and ordinance 2020-24 to match in counting procedures
for sharing election resources.
6.40.010 moves into the canvass board part of the election and incorporates what is currently in
6.05.120 (a); it was adapted from KPB code as may be amended by ordinance 2020-24 and it
now speaks to full number of election workers and no longer refers to precincts.
Page 4 of 4
6.40.020 begins with counting procedures considering an influx of by mail ballots received and
was copied from KPB code as may be amended by ordinance 2020-24.
6.40.030 is a high level overview of the canvass board’s responsibilities and incorporates current
6.05.120(b) and (d)
6.40.040 speaks to ballots of voters not appearing on official registration lists not being counted
and has been practice; this section was copied from KPB code.
6.40.050 discusses certification of election results and contains information from charter and the
city’s past practices; it is new and was adapted from KPB code.
Chapter 6.45 provides policies and adds procedures for an election recount and was copied from
KPB code while incorporating the city’s current code sections 6.05.220 and 6.05.230. Timelines
and certain practices were updated; for example, our code currently indicates that a recount
request can be brought to the Mayor and that the requestor can pay by bond.
Chapter 6.50 provides policies and adds procedures for an election contest and was copied from
KPB code while incorporating 6.05.240.
To the extent possible with a transition to a by mail election process, all current sections of code
were incorporated into this ordinance while retaining the ability to share resources with the
borough and attempting to improve processes and provide clarity. Sections in current code that
were not incorporated in some way were 6.05.110 which speaks to f ollowing state statutes
regarding to elections and a poll-based type of election, 6.05.200 is not addressed in KPB code
and was left out to provide for the ability to share resources with the borough to the extent we
decide, 6.05.210 which speaks to computer testing to the satisfaction of a data processing control
board which does not exist, and 6.05.250 which speaks to rules and regulations developed by the
Director of Elections at the state level which would be aimed at poll based elections.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, CMC, City Clerk
DATE: June 24, 2020
SUBJECT: Ordinance No. 3127-2020 Amendments
At the June 18 work session I was asked to review a few sections of Ordinance 3127-2020. This
is a summary of findings and my recommendations.
1. It was suggested that Section 6.15.060 in Ordinance 3127-2020, relating to prohibiting a
Council Member filling other elective offices, conflicts with Charter Section 2-3, which
allows for a Council Member to be paid for a Borough Assembly position.
Recommended amendment:
Amend Ordinance 3127-2020 by deleting Section 6.15.060 in its entirety and
renumbering all subsequent sections in chapter 6.15 appropriately.
2. It was asked if the ballot placement procedure would change given the statement in
Section 6.20.030 of Ordinance 3127-2020 that name placement would be randomly
determined by the clerk. The name placement procedure that is used at present is not
currently addressed in code and I have no intent to change present practice; the random
determination by the clerk would be determination by drawing names.
3. It was noted that Section 6.30.030 in Ordinance 3127-2020, which speaks to eligibility for
voting by mail with a caveat that the voter needs to be unable to vote by mail, conflicted
with Section 6.30.010 (b) which provides that voters wishing to vote in person may do so
at designated vote centers.
Recommended amendment:
Amend Ordinance 3127-2020 by deleting the words, “if the voter was unable to vote by
mail,” so Section 6.30.030 reads, “Any qualified voter may vote at a vote center for the
precinct in which the voter resides and is registered whether inside the city or not.”
Page 2 of 2
Additionally, some other suggestions were brought to my attention and I would like to thank Carol
Freas for doing so. From her suggestions I recommend the following amendments:
1. Definition of “Qualified Voter.” Qualified voter is defined in charter and in section 6.10.010
of Ordinance 3127-2020. In section 6.10.010, charter is cited.
Recommended amendment:
Delete the definition of Qualified Voter in section 6.05.030.
2. In section 6.15.040(b) of Ordinance 3127-2020 reference is made to filing for a different
seat. The city doesn’t have council seats and this is an error from copying and pasting.
Recommended amendment:
Amend Ordinance 3127-2020 by replacing the word, “seat,” with the word, “office” in
Section 6.15.040(b).
Several scrivener’s errors were pointed out and if there is no objection, I will correct them for the
official enacted version or a substitute version should it be decided a substitute is needed.
Examples of the errors include:
In the definition of ballot in 6.05.030, the word case should be cast and the word is should be it.
In 6.05.090(b) All should be all. In 6.10.020(f) in another appears twice in a row. In 6.15.030
there are several references to numbers that, for consistency, should be spelled out with the
number following.
Finally, on Monday, June 22, the Borough Clerk sent an email advising that Mayor Pierce intended
to veto Kenai Peninsula Borough (KPB) Ordinance 2020-24, which is the KPB’s ordinance for a
by-mail hybrid election style, and it is anticipated the veto would be addressed at the July 7th
assembly meeting. She also indicated that on Friday, June 19, she received a referendum petition
for the same ordinance noting that the sponsors had until July 27 to obtain the required 1300+
signatures in order to place question to refer the ordinance on the October 6 ballot; she then has
ten days to certify there are a sufficient number of petitions. Given this information, I recommend
postponing Ordinance 3127-2020 to the August 19 meeting. At that meeting we would know
if the outcome of the above and we could identify our next steps forward.
The amendments proposed herein may be reserved to a future meeting; I felt it best to get them
documented sooner than later.
Your consideration is appreciated.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: August 13, 2020
SUBJECT: Substitute Ordinance No. 3127-2020
At the July 1 meeting I was asked to incorporate amendments provided in the amendment memo
dated June 24, 2020 into a substitute ordinance; those amendments have been incorporated into
the provided substitute ordinance. I also incorporated the date that the Kenai Peninsula Borough
Assembly (KPB) adopted their similar ordinance and updated the effective date to match the
effective date of the borough’s ordinance (January 1, 2021).
Additionally, references to a runoff election in sections 6.10.030 and 6.25.020 were discovered
and removed; the Charter indicates that the candidate(s) receiving the highest number of votes
shall be elected and, in the event of a tie, the election shall be determined by lot. For these
reasons, the City will not encounter a runoff election. These were initially missed when copying
the sections from the borough’s ordinance.
Finally, section 6.15.030 – Review of Candidate Qualifications, has been removed in its entirety
and the section reserved as it may conflict with Charter. As previously explained, this section was
incorporated from an ordinance the Kenai Peninsula Borough adopted in January to provide a
procedure for the Clerk to determine candidate qualification. Charter section 10-10 indicates that
Council shall be the judge of the qualifications of its own members. I still recommend that there
be a process to determine qualifications outlined in the code but I would like to bring a revised
recommendation back to you in a future ordinance where the clerk facilitates the process but
leaves the ultimate decision to the Council to be more in harmony with the Charter.
Your consideration is appreciated.