HomeMy WebLinkAboutOrdinance No. 3224-2021_____________________________________________________________________________________
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Sponsored by: Vice Mayor Molloy and City Clerk
CITY OF KENAI
ORDINANCE NO. 3224-2021
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND
REENACTING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, TO PROVIDE CLARITY,
HOUSEKEEPING, AND PROCESS IMPROVEMENTS.
WHEREAS, Alaska Statute 29.26.010 provides that local governing bodies may establish their
own procedures governing local elections; and,
WHEREAS, the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on
the administration of the annual regular municipal elections resulting in efficiencies to the local
election process; and,
WHEREAS, at their April 20, 2021 meeting the KPB Assembly authorized the Borough Clerk to
purchase new election equipment to be used for local elections removing the need for the use of
state equipment in local elections; and,
WHEREAS, at the July 7, 2021 meeting the City Council the City Manager to enter
into a Memorandum of Agreement for intergovernmental administration of KPB and City Municipal
Elections; and,
WHEREAS, Kenai Municipal Code (KMC) currently references state election statutes in Title 15
for many of its election procedures which is no longer a best practice as state election equipment
will no longer be used; and,
WHEREAS, it is in the best interest of the City to provide for procedures in its elections that are
established locally, with local public process, and align with those of KPB; and,
WHEREAS, additionally, much of the election process is located in one chapter of Kenai Municipal
Code (KMC) and this ordinance seeks to subdivide the chapter into several chapters of like topics.
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Municipal Code, Title 6 - Elections is hereby repealed and re-enacted as follows:
AMENDED BY SUBSTITUTION
Ordinance No. 3224-2021
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[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.
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)
Ordinance No. 3224-2021
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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
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.
Ordinance No. 3224-2021
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(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)
Ordinance No. 3224-2021
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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.
Ordinance No. 3224-2021
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(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
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
Ordinance No. 3224-2021
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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
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.
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(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
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
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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
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)
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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)
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
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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)
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
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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 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.
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(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.
(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
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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
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)
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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
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(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
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
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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
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
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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)
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 – Definitions
When used in this Title, the following words and phrases have the meaning set forth in this section,
except where the context clearly indicates a different meaning:
"Clerk" and “City Clerk” mean the Clerk of the City, any properly authorized assistant or designee.
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"Day" means a calendar day including Saturday, Sunday and holidays.
"Election" includes a regular or special City election.
"Election official" means the City Clerk, Clerk’s office staff, Kenai Peninsula Borough Clerk,
Borough Clerk’s office staff, and members of all election boards.
“Election supervisor” means the City Clerk.
"Oath" includes affirmation on penalty of perjury.
"Precinct" means the geographical area within which resident voters may cast votes at one polling
place.
“Precinct register” means the register maintained by the Director of the State Division of Elections.
"Proposition" means an initiative, referendum, recall, or other question submitted to the public at
an election.
“Qualified voter” means a person who is qualified to vote in City elections under KMC 6.10.010.
“Questioned voter” means any person whose name does not appear on the register in the precinct
where the voter attempts to vote, a voter who has received an absentee ballot and does not turn
it in when voting at his/her precinct on election day, a voter who does not bear identification or is
not personally known to an election official though his/her name appears on the precinct register,
or a voter who is questioned for good cause at the polls in writing.
"Registration" or "registered" refers to the form of registration required by the state election
statute. 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.
“Regular election” means the City election held on the first Tuesday of October annually as
prescribed by Kenai Charter section 10-1.
"Signature" and “subscription” both include 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".
"Voter" means any person who presents themselves for the purpose of registering to vote or
voting, either in person or by absentee application or ballot.
6.05.020 – Powers and Duties of the Clerk
The Clerk shall supervise all City elections and shall determine whether candidates for City office
are qualified in accordance with this Title and City Charter.
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6.05.030 – 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
propositions and 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 and may submit questions to the
qualified voters of the City as authorized by the City Charter, Section 10-8. 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 an 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.
6.05.040 – 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
order a recount of ballots pursuant to KMC 6.45.030. 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.
6.05.050 – Preservation of Election Ballots, Papers, and Materials.
(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) Financial disclosure forms shall be maintained for a period of six years and then may be
destroyed.
(c) Election registers, nominating petitions, declaration of candidacy, and rejected ballots
shall be retained for one year after the certification of the election. These materials may be
destroyed after their retention period has lapsed unless their destruction is stayed by an order
of the court.
6.05.060 – 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.
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6.05.070 – Initiative, Referendum, and Recall.
(a) The initiative and referendum process 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.
(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.
6.05.080 – Proposition and Questions.
A resolution or ordinance brought forward by the City Council placing a proposition before the
voters must be adopted at least 53 days or more before a regular election, and at least 60 days
or more before a special election.
Chapter 6.10
Voter Qualifications
6.10.010 – Voter Qualifications
A person is qualified to vote in a City election only if the person:
(1) is qualified to vote in state elections under AS 15.05.010;
(2) has been a resident of the City for 30 days immediately preceding the election;
(3) 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; and
(4) is not disqualified under article V of the state constitution.
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
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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.
(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) Any qualified person may have their name placed on the ballot for the election as a
candidate for Council or Mayor by filing with the Clerk, between August 1st and August
15th, 4:30 p.m., a nominating petition with sufficient signatures and a sworn statement 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
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2. The full residence address of the candidate; and
3. The office for which the petitioners are nominating the candidate; and
4. The length of the term of office for which the petitioners are nominating the
candidate; 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.
(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 sworn statement of candidacy and certification of qualification shall include:
1. The office for which the candidate accepts nomination; and
2. A statement that the candidate agrees to serve, if elected; and
3. A statement that the candidate is qualified for the office as provided by law; and
4. The date and signature of the candidate; and
5. Attestation and date by the Clerk; and
(e) A candidate shall provide any other information the Clerk reasonably requires to determine
whether the candidate is qualified for the office as provided by law.
(f) 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.
(g) Any candidate for office may withdraw their 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.
6.15.030 – Review of Candidate Qualifications.
(a) In determining residence within the City, for the purposes of this chapter, the Clerk shall apply
the following rules:
1. A person establishes residence within the City by:
(A) Actual physical presence at a specific location within the City; and
(B) Maintaining a habitation at the specific location;
2. A person may maintain a place of residence at a specific location within the City
while away from the location for purposes of employment, education, military
service, medical treatment or vacation if the person does not establish residency
at another location; and
3. A qualified voter loses residence by voting in another City or borough or in another
state's election.
(b) The Clerk shall determine whether each candidate is qualified as provided by law. At any
time before the election the Clerk may disqualify any candidate whom the Clerk finds is not
qualified. A candidate who is disqualified may request a hearing before the Clerk. The hearing
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shall be held no later than 5 business days after the request unless the candidate agrees in
writing to a later date.
(c) Any person may question the eligibility of a candidate who has filed a declaration of
candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of a
candidate must be received by the Clerk not later than the close of business on the 10th
calendar day after the filing deadline for the office for which the candidate seeks election.
(d) The complaint must be in writing and include the name, mailing address, contact phone
number, and signature of the person making the complaint, and a statement in 200 words or
less specifying the grounds for the complaint, described in particular, on which the
candidate’s eligibility is being questioned.
(e) The Clerk will review only those issues cited in the complaint related to candidate
qualifications established by this chapter.
(f) Upon receipt of a complaint, the Clerk will review any evidence relevant to the issues
identified in the complaint which is in the custody of the municipal Clerk's office including
evidence provided with the complaint, the candidate's registration record, declaration of
candidacy, and, in the discretion of the Clerk, any other public record. Following review of all
relevant evidence in the case, and within 20 days of receiving the complaint, the Clerk will
determine whether a preponderance of evidence supports or does not support the eligibility
of the candidate. The process for issuing a final determination will be as follows:
1. The Clerk will send notification in writing to the candidate whose eligibility is being
questioned that a complaint has been received. The notification will include a copy of the
complaint, supporting relevant evidence, a statement as to whether a preponderance of
evidence reviewed as of that notice supports or does not support the eligibility of the
candidate, and a request that the candidate provide a sworn response statement along
with any relevant supporting evidence.
2. The Clerk must also notify the challenger that all relevant evidence must be submitted
within 7 calendar days of the date of the Clerk’s notice to the candidate that a complaint
has been filed. If the Clerk receives additional evidence during this 7-day period, such
evidence must be provided to the candidate with an opportunity to respond. Absent
extraordinary circumstances, the Clerk shall not consider evidence received after the
challenger’s deadline to submit evidence.
3. The candidate’s response statement and any supporting evidence must be received
within 10 calendar days of the date of the Clerk’s notice to the candidate that a complaint
has been filed. Absent extraordinary circumstances, the Clerk shall not consider evidence
received after the candidate’s deadline to submit evidence.
4. For purposes of this section, “extraordinary circumstances” must be specified in writing,
documenting a serious circumstance or event beyond the control of the individual
providing the late evidence.
5. Following review of all relevant evidence in the case, and within 20 days of receiving the
complaint, the Clerk will issue a final determination based on a preponderance of
evidence standard for review
6. A final determination must be issued in writing within 20 days of the Clerk receiving the
complaint.
(g) The Clerk must send the final written decision to the person making the complaint and to the
candidate. The Clerk’s decision shall be sent by certified mail and by electronic mail (email),
if an email address is known. The determination of the Clerk constitutes a final administrative
decision. An appeal of the Clerk’s decision shall be filed with the State of Alaska Superior
Court at Kenai, Alaska in conformance with the Rules of Appellate Procedure of the State of
Alaska, Part VI.
6.15.040 – Campaign Reporting.
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All candidates for elective City office shall comply with the Alaska Public Offices Commission
campaign reporting requirements in Alaska Statute Chapter 15.13.
6.15.050 – 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 statement of candidacy for the
offices.
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 a
notice of election to be published at least twice in a newspaper of general circulation. 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. The location of the polling place(s) and the hours the polling place(s) shall be open;
4. The offices to which candidates are to be elected;
5. The subjects of propositions to be voted upon;
6. Voter qualifications and instructions for registration; and
7. 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.
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(a) Before each election, the Clerk, subject to approval by the Council, shall appoint an
election board of at least four judges in a precinct. A judge shall be a voter of the City.
The Clerk shall designate one election judge from each precinct as the chairperson, who
shall be primarily responsible for administering the election in the precinct. After Council
approval, the Clerk may assign additional officials if deemed necessary for proper conduct
of the election.
(b) All City election personnel shall be appointed without regard to their membership in any
political party.
(c) If any appointed election official is not able or refuses to serve, the Clerk may appoint a
replacement for that official.
(d) 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.
(e) 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.
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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 15 days before each regular election
and at least 10 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 arrange for delivery of ballots to each election board prior to or on the date
of the election before the opening of the polls. The ballots shall be delivered in separate
containers, with the number of ballots enclosed in each container clearly marked on the
outside. A receipt for each package shall be taken from the election board to which it was
delivered.
(d) No ballots shall be taken from the precinct before the closing of the polls unless the Clerk
for good cause directs that the ballots be removed. A record shall be kept by the election
official of the ballots removed from the precinct.
(e) 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 all absentee in person and polling locations.
6.20.050 – Ballot Shortage
(a) Under no circumstance shall a precinct close due to ballot shortage. The election board
chairperson for the precinct shall monitor the ballot supply at the precinct throughout
Election Day and apprise the Clerk of any projected shortage in the number of available
ballots.
(b) Upon being informed by an election official that there is a projected shortage of ballots,
the Clerk shall promptly supply the precinct with additional printed ballots. If sufficient
additional printed ballots are not available, the Clerk shall supply the precinct with copies
of the original ballot marked "Alternate Ballot."
6.20.060 – Reporting Voting Information to the State.
Within 60 days after each election held in the City, the Clerk shall send to the State of Alaska
Division of Elections the official precinct register, questioned voter register, absentee in person
voter register and special needs voting register containing the names, residence address, and
the voter identification of all persons who voted in that election.
Chapter 6.25
Polling Site Procedures
6.25.010 - Prohibitions.
(a) During the hours that the polls are open, no election official may discuss any political party,
candidate or issue while on duty.
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(b) During the hours the polls are open, no person who is in the polling place or within 200 feet
of any entrance to the polling place 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. For the purposes of this
section, the entrance to a polling place is the entrance to the building. The election board
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 KMC 6.25.080.
(d) While the polls 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 polling place with the official ballot that the person received to mark.
6.25.020 - Opening of Polling Place.
On the day of the election, each election board shall open the polls for voting at 7:00 a.m., shall
close the polls for voting at 8:00 p.m., and shall keep the polls continuously open during the time
between those hours. The election board shall report to the polling place by 6:30 a.m. so that
voting will start promptly at 7:00 a.m. The chair of the election board shall rotate times at which
election judges, board members, and Clerks may be relieved for breaks or meals; provided,
however, that at all times at least two judges from the election board are present at the polling
place.
6.25.030 – Watchers.
(a) Each candidate, or organized group that sponsors or opposes a proposition, may designate
one person at a time to be a poll watcher in each precinct.
(b) A person wishing to serve as a poll watcher shall request authorization from the city clerk no
later than 5:00 p.m. the Tuesday prior to the election. The authorization must include:
1. The name of the person to act as a poll watcher;
2. The name of the candidate, group, or organization the poll watcher is representing;
3. The date of the election; and
4. The precinct the poll watcher wishes to observe.
(c) The poll watcher must present authorization as defined in subsection (b) of this section to the
election official upon request. The poll watcher will be provided an area to view all actions of the
election board. If the poll watcher does not provide the requested authorization, an election official
may require the poll watcher to leave the poll watcher area.
(d) The poll watcher observing may:
1. Observe the conduct of the election; and
2. Check the polling booths after each voter to make sure campaign materials have not been
left in the booth.
3. Remain in the polling place until all procedures are completed.
a. Request the election board to print an additional copy of the results tape for the poll
watcher.
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(e) The poll watcher may not:
1. Have any duties in the conduct of the election;
2. Be allowed to touch any of the election materials; and
3. Interfere or disturb the orderly conduct of the election.
(f) If the poll watcher violates this section or any regulations adopted by the city clerk, the election
official may require the poll watcher to leave the poll watcher area.
6.25.040 - Ballot Box Security.
Before issuing any ballots, the election board must, in the presence of any persons assembled at
the polling place, open and exhibit the ballot box to be used at the polling place. The ballot box
then shall be closed and not opened again or removed from the polling place until the polls have
closed.
6.25.050 - Voter Register.
(a) The Clerk shall order from the State of Alaska Division of Elections an official voter register
showing all persons registered to vote in state elections at a residence address within the
City at least 30 days before the date of the election.
(b) The election board shall keep a register in which each voter's signature, residence and mailing
address shall be entered before the voter receives a ballot. A record shall be kept in the
register in the space provided of the names of persons who offered to vote but who actually
did not vote and a brief statement of explanation. A voter's signing of the register shall
constitute a declaration that the voter is qualified to vote.
(c) If a person's name does not appear on the official registration list in the precinct in which the
person seeks to vote, the person may vote a questioned ballot.
6.25.060 - Voter Identification.
(a) Before being allowed to vote, each voter shall exhibit to an election official one form of
identification, including but not limited to an official voter registration card, driver's license,
passport, hunting or fishing license.
(b) An election official may waive the identification requirement if the election official knows the
identity of the voter.
(c) A voter who cannot exhibit a satisfactory form of identification shall be allowed to vote a
questioned ballot.
6.25.070 - Providing Ballot to Voter.
When a voter has qualified to vote, the election official shall give the voter an official ballot. The
voter shall retire to a booth or private place to mark the ballot.
6.25.080 - Questioned Voting.
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(a) If the polling place of a voter is in question, the voter shall vote a questioned ballot after
complying with Subsection C of this section.
(b) Every election official and any other person qualified to vote may question a person attempting
to vote if the questioner has good reason to suspect that the person is not qualified to vote.
All questions regarding a person's qualification to vote shall be made in writing, setting out
the reason that the person has been questioned.
(c) Before voting, a person whose qualification to vote is questioned or whose name does not
appear on the official voter register shall subscribe to an oath or affirmation on a form
provided by the election official attesting to the fact that in each particular the person meets
all the qualifications of a voter, is not disqualified, and has not voted in the same election.
(d) A voter who casts a questioned ballot shall vote his/her ballot in the same manner as
prescribed for other voters. After the election judge removes the numbered stub from the
ballot, the voter shall vote the ballot then insert the voted ballot into a small envelope and put
the small envelope into a larger envelope on which the statement he/she previously signed
is located.
6.25.090 - Assistance to Voters.
A qualified voter who cannot read, mark the ballot or sign his/her name may request an election
official or not more than two persons of his/her choice assist him/her. If the election official is
requested, he/she shall assist the voter. If any other person is requested, the person shall state
upon oath before the election official that he/she will not divulge the vote cast by the person whom
he/she assists.
6.25.100 - Spoiled Ballots.
If a voter mutilates, improperly marks, spoils or otherwise damages the voter's ballot, the voter
may request the election official provide another ballot upon the voter returning the damaged
ballot to the election official. Without examining the spoiled ballot, the election official shall tear
the ballot in half and place half in an envelope provided by the Clerk for a portion of each spoiled
ballot and discard the remaining half. The election official shall then issue a new ballot of the same
type to the voter. A voter may obtain a maximum of three replacement ballots under this section.
6.25.110 - Alternate ballots.
If the use of alternate ballots is required as prescribed in KMC 6.20.050(b) the voter shall vote
his/her ballot in the same manner as prescribed for other voters. The voter shall then place
his/her voted ballot in the side compartment of the ballot box.
6.25.120 - Placing Ballots 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
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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 official unless the voter requests the election official to deposit
the ballot.
6.25.130 - Closing of Polls.
(a) Fifteen minutes before the closing of the polls, and at the time of closing the polls, 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 fifteen minutes before closing
time shall not in any way invalidate the election or extend the time for closing the polls. After
closing, no person will be allowed to enter the polling place for purposes of voting. Every
qualified voter present and in line at the time prescribed for closing the polls may vote.
(b) When the polls are closed and the last vote has been cast, the election board shall account
for all ballots by completing a ballot statement containing, in a manner prescribed by the
Clerk, the number of official ballots supplied.
(c) The election board shall count the number of questioned ballots and shall compare that
number to the number of questioned voters in the register. Discrepancies shall be noted on
the ballot statement.
6.25.140 - Unused Ballots.
The number of ballots not issued shall be recorded and then all such ballots shall be disposed
of as instructed by the Clerk. The number of ballots damaged by voters and replaced by election
officials shall also be recorded. The record of ballots not issued and ballots damaged shall be
preserved for 30 days unless the election is contested.
Chapter 6.30
Absentee 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 instructions to absentee voters regarding the procedure for
absentee voting.
6.30.020 - Eligibility.
Any qualified voter may vote an absentee ballot for the precinct in which they reside and are
registered.
6.30.030 - Materials for Absentee Voting.
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The Clerk shall provide ballots for use as absentee ballots; shall provide a small envelope in which
the voter shall initially place the marked ballot; and shall provide a large envelope, with the
prescribed voter's certificate on the back, in which the smaller envelope with the ballot enclosed,
shall be placed. The Clerk shall provide the form of and prepare the voter's certificate which shall
include an oath that the voter is qualified in all aspects, a blank for the voter's signature, a
certification that the affiant properly executed the marking of the ballot and identified himself or
herself, blanks for the attesting official or witness, and a place for recording the date the envelope
was sealed and witnessed.
6.30.040 - Absentee Voting in Person.
(a) A qualified voter may apply in person for an absentee ballot at the location designated for
absentee voting by the Clerk 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 absentee voting official shall issue the ballot to the
applicant.
(c) The voter shall proceed to mark the ballot in secret, place the ballot in the secrecy sleeve and
place the secrecy sleeve in the larger envelope in the presence of the election official who
shall sign as attesting official and date of his/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 the intent to influence other voters. If the absentee voter improperly marks or
otherwise damages the ballot, the voter may request, and the election official shall provide,
him/her with another ballot up to a maximum of three. Exhibited, improperly marked or
damaged ballots shall be destroyed. The number of ballots destroyed shall be noted on the
ballot statement.
(e) If the qualifications of the absentee voter is subject to question, the voter shall vote a
questioned ballot as provided in KMC 6.25.070.
(f) Each absentee voting official shall keep a record of the names and signatures of voters who
cast absentee ballots before him/her and the dates on which the ballots were cast.
6.30.050 – 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 (7) days before an
election. A voter may request their 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, a voter identifier such as a voter number, social
security number or date of birth, 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 postage paid return envelope sent
with the materials shall be addressed to the Clerk.
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(c) Upon receipt of an absentee ballot by mail, the voter 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 who shall sign as attesting official and shall date their signature. Officials recognized
to attest to the veracity of signatures listed in this subsection are: a notary public, a
commissioned officer of the armed forces, including the National Guard, state court judge,
state court clerk, United States postal official, or other person qualified to administer oaths. 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, they 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 shall, as soon as practicable, make a reasonable effort to contact each absentee
by mail voter, whose absentee ballot would be rejected under KMC 6.40.030(a), explain why
the ballot would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth
day after Election Day, to cure the ballot.
(f) 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 their identity.
(g) 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.
6.30.060 – 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 6.30.050 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 polling place 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
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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 may 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 of the polls.
(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) The Clerk shall, as soon as practicable, make a reasonable effort to contact each absentee
by electronic transmission voter, whose absentee ballot would be rejected under KMC
6.40.030(a), explain why the ballot would be rejected, and provide a reasonable opportunity,
until 5:00 p.m. on the sixth day after Election Day, to cure the ballot.
(h) 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.
6.30.070 – Special Needs Voting.
A qualified voter with a disability who, because of that disability, is unable to go to a polling place
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.
6.30.080 – Prohibitions.
(a) During the hours that the absentee voting locations are open, no election official may discuss
any political party, candidate or issue while on duty.
(b) During the hours the absentee voting locations are open, no person who is in the absentee
voting location or within 200 feet of any entrance to the absentee voting location 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.
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(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 absentee voting locations 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 absentee voting location with the official ballot that the person
received to mark.
6.30.090 - Assistance to Voters.
A qualified voter who cannot read, mark the ballot or sign his/her name may request an election
official or not more than two persons of his/her choice assist him/her. If the election official is
requested, he/she shall assist the voter. If any other person is requested, the person shall state
upon oath before the election official that he/she will not divulge the vote cast by the person whom
he/she assists.
6.30.100 - Counting of Absentee Ballots.
To be counted in the election, an absentee ballot must be postmarked or electronically submitted
on or before Election Day and be received by the Clerk no later than noon the Tuesday following
the election. Ballot envelopes received after the canvass board has completed absentee ballot
counting shall not be opened, but shall be marked "invalid" with the date of receipt noted thereon.
Such envelopes shall be retained with the other election records and destroyed with them as
provided by the City's records retention schedule. Absentee ballot envelopes shall be examined
by the canvass board who shall determine whether the absentee voter is qualified to vote at the
election or whether the ballot has been properly cast.
6.30.110 - Names of Absentee Voters.
The Clerk shall maintain a record of the name of each voter whom an absentee ballot is sent
under this section. The record must list the date on which the ballot is mailed or provided by
electronic transmission, the date on which the ballot is received by the Clerk and the dates on
which the ballot was executed and, if by mail, postmarked. The record shall be available for public
inspection. The absentee voting officials shall provide the Clerk the names and addresses of
those persons who voted or attempted to vote absentee in person.
Chapter 6.35
Ballot Counting Procedures.
6.35.010 – Commencement of Ballot Count.
(a)For counting of paper ballots, when the polls are closed and the last vote has been cast, the
election board shall immediately proceed to open the ballot box, separate the questioned
ballot envelopes from other ballots and then proceed to count the votes cast. In all cases the
election board shall cause the count to be continued without adjournment until the count is
complete. The Clerk may authorize the appointment of counters to assist in the counting of
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ballots. Before undertaking the duties of the office, each counter shall subscribe to an oath to
honestly, faithfully, impartially and promptly carry out the duties of the position. An election
judge may administer the oath. If an appointed counter fails to appear and subscribe to the
oath at the time designated by the Clerk, the election board may appoint any qualified voter
to fill the vacancy.
(b) In optical scan or other computer-read precincts, when the polls have closed and the last vote
has been cast, the election board shall immediately transmit election results to the Borough
Clerk following the written instructions provided to each precinct. Once the election results
have been transmitted, the election board shall open the ballot box, separate questioned and
write-in ballots from other ballots cast, place all ballots in the tamper proof containers provided,
and proceed with the ballot accountability and poll closing procedures provided by the Clerk.
6.35.020 – General Procedure for Ballot Count.
(a) The election supervisor 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; and
2. The number of official ballots voted; and
3. The number of official ballots spoiled; and
4. The number of official ballots unused and destroyed.
(b) The board shall count the number of questioned ballots and shall compare that number to
the number of questioned voters in the register. Discrepancies shall be noted and the
numbers included in the certificate prescribed by the election supervisor.
(c) When hand counting ballots, the election board 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 may
have a marking device in hand or remove a ballot from the immediate vicinity of the polls.
(d) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
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
parking device provided at the polling place 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.
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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.
(a) 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.
(b) 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.
(c) 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.
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
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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.
6.35.080 – Other Ballot Counting Systems.
Nothing in this title prohibits the use of other ballot counting systems which have been approved
for use in state or borough elections. The election supervisor, subject to any further approval as
may be required by law, may prescribe rules for the use of these systems or may adopt such
rules, regulations and procedures as have been adopted by the state for use in state elections or
adopted by the borough in borough elections.
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 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) 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 – 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. 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 canvass board. A mistake
which has been made in precinct returns that is not clearly an error in the transfer of the
results from the tallies to the certificate of results empowers the canvass board to
recommend a recount of the results of the precinct or precincts for that portion of the
returns in question. 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
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ballot, and shall prepare a written report of the results.
(b) 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.
6.40.030 – Procedures for Handling Questioned Ballots.
The canvass board by majority vote may refuse to accept the question and count the ballot of a
person properly questioned. If the ballot is refused, the Clerk shall return a copy of the statement
questioning the ballot to the voter, and shall enclose all rejected ballots in a separate envelope
with statements of the basis for the question. The envelope shall be labeled with "rejected ballots"
and shall be preserved with other voted ballots. If the ballot is not refused, the large envelope
shall be opened; the smaller inner envelope shall be placed in a container and mixed with other
absentee ballot envelopes or, in the case of counting questioned ballots, with other questioned
ballot envelopes. The mixed smaller envelopes shall be drawn from the container and opened,
and the ballots shall be counted according to the rules for determining properly marked ballots.
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.
(a) 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 majority vote 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.
(b) 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.
(c) 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.
(d) 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.
Ordinance No. 3224-2021
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(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
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.
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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
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 (5) o’clock
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
Ordinance No. 3224-2021
Page 43 of 45
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
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, 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 – Voting by mail—Ballots—Ballot review—Ballot envelopes.
(a) The 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 Alaska
Statute 15.07.125 for that election. The ballot shall be sent 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, nonforwardable mail no
less than 22 days 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 return envelope supplied to each by-mail voter.
The return envelope shall have printed upon it an affidavit by which the voter shall declare
his/her qualifications to vote, followed by provision for attestation by a person qualified to
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administer oaths or one attesting witness who is at least 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, will be mailed to each voter with the ballot.
6.55.020 - Casting ballots.
(a) Upon receipt of a mail-in ballot, the voter shall cast their ballot in the manner specified in KMC
6.30.050. 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 their ballot in person as specified in
KMC 6.30.040.
(c) A voter may return the mail-in ballot to the City Clerk as provided in KMC 6.55.040.
(d) The Clerk shall immediately make a reasonable effort to contact each voter, whose absentee
ballot would be rejected under KMC 6.40.030, explain why the ballot would be rejected, and
provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Election Day, to cure
the ballot.
6.55.030 - 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 posted in each precinct and the
notice published in newspapers of general circulation in the area of the election jurisdiction
will include the information specified in KMC 6.20.020.
6.55.040 - Absentee voting official—Duties.
(a) The City Clerk, or designee, shall act as absentee voting official. The Clerk shall supply
adequate voting supplies and ballots to the absentee voting officials. The Clerk shall
provide moderate compensation to the absentee voting official to cover added expenses
of the administration of this service, which shall be agreed to by the absentee voting
official.
(b) The duties of the absentee voting officials shall be as follows:
1. Provide absentee voting in person on any date including the day of the election
following the procedures in KMC 6.30.040 and special needs voting on any date
including the day of the election following the procedures in KMC 6.30.070; and
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/her own ballot; and
3. Accept receipt of a by-mail voter's hand-delivered ballot, which has been sworn to,
attested and sealed in the by-mail return envelope; and
4. Provide general voter assistance, including but not limited to, assistance to a qualified
voter who cannot read, mark the ballot, or sign his/her name, and providing
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replacement ballots to voters who have improperly marked or damaged their ballots;
and
5.Date-stamp all ballots received; and
6.Provide for the security and safekeeping of all ballots received and present those
ballots to the Clerk for canvassing. The Clerk will specify the means of returning the
voted ballots and all other election supplies to the City.
6.55.050 - 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 counting of ballots.
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, 2022.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of August, 2021.
BRIAN GABRIEL SR., MAYOR
ATTEST:
___________________________________
Jamie Heinz, MMC, City Clerk
Introduced: July 7, 2021
Enacted: August 4, 2021
Effective: January 1, 2022
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: June 28, 2021
SUBJECT: Ordinance No. 3224-2021
Because the City has traditionally collaborated with the Kenai Peninsula Borough (KPB) on the
administration of the annual regular municipal elections and is considering entering into a
Memorandum of Agreement (MOA) to memorialize that collaboration along with utilizing KPB’s
new equipment, to include ADA Accessible equipment, and no longer using State election
equipment, I felt it was in the best interest of the City to re-write our election code, Title 6, to align
our election practices with the Borough’s.
This ordinance also makes the following policy changes:
1) Incorporate the opportunity for absentee voters who can, to cure their envelope in what
would have previously been a rejection situation. This feature was appreciated during the
work session in June 2020 when considering a vote by mail method of voting and seeks
to include as many ballots as possible instead of to reject them.
2) Makes the clarification that the Clerk determines qualifications of candidates (Charter
provides that Council determine qualifications of its members which would be after
election). This matches KPB, Soldotna, and the Municipality of Anchorage.
3) Adds a process for determining qualifications of candidates which matches KPB and
Municipality of Anchorage. This provides for an administrative process without the person
getting elected, Council having to conduct the process, and leaving a vacancy for Council
to appoint.
4) Amends the retention for election records. I recommend retaining for one year instead of
the three and four years currently required due to the personally identifiable information
included in these records. Election contests and appeals must be brought within ten days
of certification so the records will certainly be available for those actions. One year is
consistent with KPB.
5) Provides a timeline for adoption of legislation to place a proposition on a ballot which
coincides with KPB. This has been our practice in order for us to collaborate with the KPB,
this spells it out in code.
6) Requires publication of a notice of voter registration as a reminder to voters to update their
registration; this has been past practice and will be added to code.
7) Requires compliance with APOC requirements for campaign reporting. This has been
past practice to notify the candidates of their requirement; now it will be in code.
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8) Requires a public notice announcing vacancies for offices to be filled at the election and
procedures for filing. This is consistent with past practices.
9) Requires noticing of bonded indebtedness before a General Obligation Bond
election. This is consistent with KPB, Soldotna, and Municipality of Anchorage noticing
requirements.
10) Spells out requirements for ballot form consistent with KPB given the likely transition to
utilizing their equipment instead of the State’s.
11) Reporting voter information to the State. This has also been a past practice.
12) Added clarifications to poll watchers; this is consistent with State policy and Fairbanks
North Star Borough.
The above additions and addressing our ADA needs provides value added to our election
processes in a way that honors the wishes of the majority of the voters.
Following is a section by section analysis of what is proposed to be new in our election code and
why, how our current election code was incorporated into this ordinance, and highlights potential
policy changes.
Chapter 6.05 – General Provisions. This chapter compiles the sections containing general
provisions of elections.
6.05.010 – Definitions. This section is new and helps the user understand terms we regularly use
in administration of elections. The definitions are consistent with state and borough law.
6.05.020 – Powers and Duties of the Clerk. This is similar to what is in current code (6.05.070);
matches the Municipality of Anchorage and City of Soldotna. A new policy in this section provides
that the Clerk determines whether a candidate for City office is qualified based on the
qualifications provided in Charter and Title 6. City Charter provides that the Council judges
qualifications of its members; this proposed code would provide for an administrative process to
take place prior to a name being placed on the ballot, before a candidate becomes a member.
6.05.030 – Election Times. This section restates Charter.
6.05.040 – Votes Required for Election to Office. This section restates Charter.
6.05.050 – Preservation of Election Ballots, Papers, and Materials. This section is similar to what
is in current code. A modification to the policies being proposed here is a reduction in the length
of retention of registers, nominating petitions, and declarations of candidacy is from three or four
years to one year. The reason is due to personally identifiable information included in these
records to include dates of birth and/or social security numbers. An election contest can be
brought within ten days after certification. Beyond that, we need to balance the security risk with
the benefit to keeping the records. One year matches the length of time that the Kenai Peninsula
Borough retains their records.
6.05.060 – Election Expenses. This section is similar to what is in current code (6.05.050).
6.05.070 – Initiative, Referendum, and Recall. This section restates charter and is similar to what
is in current code (Chapters 6.20 and 6.30).
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6.05.080 – Proposition and Questions. This is a new add and coincides with the borough’s
requirements for ballot preparation.
Chapter 6.10 – Voter Qualifications. This chapter compiles the sections pertaining to voter
qualifications.
6.10.010 – Voter Qualifications. This section fleshes out Kenai Charter and the Alaska
Constitution; it is copied from AS 29.26.050 which indicates that it applies to home rule
municipalities.
6.10.020 – Rules for Determining Residence of Voters. This section would be new to our code;
restates Alaska Statute 15.05.020 regarding residency.
6.10.030 – Notice of voter registration. This section would be new in our code but has been our
practice for several years. We publish this ad jointly with the City of Soldotna, each city publishing
twice, for a total of four publications in the newspaper to reach a bigger audience.
Chapter 6.15 – Filing for Office. This chapter compiles the sections pertaining to candidates filing
for office.
6.15.010 – Candidate Qualifications. This section is new to code; restates charter.
6.15.020 – Nomination and Declaration of Candidacy. This section restates what is in current
code (6.10.010, 6.10.020, and 6.10.030).
6.15.030 – Review of Candidate Qualifications. This section goes with the new policy that the
Clerk determines qualifications of candidates. These are the rules the Clerk is to use for
determining candidate qualifications and also includes a process for challenging the Clerk’s
determination. These are the administrative processes mentioned in the analysis of 6.05.020 and
are materially the same as KPB’s and Municipality of Anchorage’s procedures.
6.15.040 – Campaign Reporting. This section adds that candidates are to comply with APOC’s
campaign reporting requirements. Our practice has been to provide the information to candidates
in the candidate filing packet. Adding this section memorializes the requirement.
6.15.050 – Notice of Vacancy. This section is new to code; has been past practice for many years.
Chapter 6.20 – Administration of Elections. This chapter compiles the sections pertaining to
election administration.
6.20.010 – Election Notices. This section is what is in current code (6.05.100) and adds a few
provisions which has been past practice (type of election, voter qualifications, and instructions for
absentee voting). It also lengthens what is in current code from ten days to twenty days to provide
voters ample time to navigate absentee voting, if needed.
6.20.020 – Election Officials. This section is in current code (6.05.040).
6.20.030 – Ballot form. This section spells out what the ballot needs to look like and was taken
from the borough. Our current code (6.05.080(a)) says the provisions of state law should be
followed; however, given we will be using KPB equipment, we should follow KPB requirements.
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6.20.040 – Ballot Preparation and Distribution. Much of this section is current code (6.05.080).
Some is new in code but is current practice and aligns with KPB code.
6.20.050 – Ballot Shortage. This is new in the code. It is common in codes as a safety net and
is also in State law (AS 15.15.140).
6.20.060 – Reporting Voting Information to the State. This is new in the code but has been
common practice to assist with keeping voter history records accurate.
Chapter 6.25 – Polling Site Procedures. This chapter compiles the sections pertaining to
procedures at the polling places.
6.25.010 – Prohibitions. This was copied from KPB and City of Soldotna code and has been past
practice; had been incorporated into our current code by reference (6.05.110) where it says
Alaska Statues 15.15 –15.20 should be followed in conducting an election. The provisions
specific to this section were AS 15.15.160 and AS 15.15.170.
6.25.020 – Opening of Polling Place. This section is new in our code and was copied from KPB,
has been past practice, and should remain given the city and borough are cooperatively
administering elections.
6.25.030 – Watchers. We traditionally allow for poll watchers in current code (6.05.060); this
section now clarifies what poll watchers may do and provides a registration process similar to
state law and Fairbanks North Star Borough.
6.25.040 – Ballot Box Security. This section is new in our code and was copied from KPB. It has
been past practice in local and state elections and is a part of the instructions manuals.
6.25.050 – Voter Register. This section restates current code (6.05.080(c) and 6.05.020(a)).
6.25.060 – Voter Identification. This section restates current code (6.05.020(b)) and also State
law, AS 15.15.225.
6.25.070 – Providing Ballot to Voter. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110). The procedure has been practice. The
language is similar to KPB’s code and is also in State law, AS 15.15.230.
6.25.080 – Questioned Voting. This section is newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.198 and AS 15.15.210. The
procedure has been past practice and the language is similar to KPB’s code.
6.25.090 – Assistance to Voters. This section is newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The procedure has
been past practice and the language is similar to KPB’s code.
6.25.100 – Spoiled Ballots. This section is newly spelled out in our code; it was incorporated by
reference in current code (6.05.110) as it is in State law, AS 15.15.250. The procedure has been
past practice and the language is similar to KPB’s code.
6.25.110 – Alternate Ballots. This section is newly spelled out in our code. The procedure has
been past practice and the language is similar to KPB’s code.
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6.25.120 – Placing Ballots in Ballot Box. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.260. The
procedure has been past practice and the language is similar to KPB’s code.
6.25.130 – Closing of Polls. This section is newly spelled out in our code; it was incorporated by
reference in current code (6.05.110) as it is in State law, AS 15.15.310 – AS 15.15.330 and
AS15.15.350. The procedure has been past practice and the language is similar to KPB’s code.
6.25.140 – Unused Ballots. This section is newly spelled out in our code; it has been past practice
in state and local elections. The language of this section is similar to KPB’s code.
Chapter 6.30 – Absentee Voting. This chapter compiles the sections pertaining to absentee
voting.
6.30.110 – Administration of Absentee Voting. This section is similar to current code (6.05.140).
6.30.020 – Eligibility. This section is similar to current code (6.05.140 and 6.05.150).
6.30.030 – Materials for Absentee Voting. This section is similar to current code (6.05.160).
6.30.040 – Absentee Voting in Person. This section is similar to current code (6.05.145).
6.30.050 – Absentee Voting - By Mail. A portion of this section is similar to current code (6.05.150).
The remainder of it was incorporated by reference as it is in State law, AS 15.20.081. The
procedure has been past practice and the language is similar to KPB’s code.
6.30.060 – Absentee Voting - By Electronic Transmission. This section is the same as current
code (6.05.335).
6.30.070 – Special Needs Voting. This section is newly spelled out in our code, referencing state
law. It was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.072. The procedure has been past practice and the language is similar to KPB’s code.
6.30.080 – Prohibitions. This section was modified the previous section specific to in person
voting; they are the same prohibitions specific to absentee voting. This was copied from KPB and
City of Soldotna code and has been past practice; had been incorporated into our current code
by reference (6.05.110) where it says Alaska Statues 15.15 –15.20 should be followed in
conducting an election. The provisions specific to this section were AS 15.15.160 and AS
15.15.170.
6.30.090 – Assistance to Voters. This section was modified the previous section specific to in
person voting; it is the same assistance information specific to absentee voting. This was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.240. The
procedure has been past practice and the language is similar to KPB’s code.
6.30.100 – Counting of Absentee Ballots. This section is, for the most part, in current code
(6.05.120(c)). It has been adapted to match KPB code.
6.30.110 – Names of Absentee Voters. This section is new in code, has been past practice, and
was copied from KPB code.
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Chapter 6.35 – Ballot Counting Procedures This chapter compiles the sections pertaining to
procedures for counting ballots.
6.35.010 – Commencement of Ballot Count. This section is new in code, has been past practice,
and was copied from KPB code to align with cooperative administration of elections.
6.35.020 – General Procedure for Ballot Count. This section is newly spelled out in our code; it
was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.350. The
procedure has been past practice and the language is similar to KPB’s code.
6.35.030 – Rules for Counting Hand-Marked Ballots. This section is newly spelled out in our code;
it was incorporated by reference in current code (6.05.110) as it is in State law, AS15.15.360.
This section provides guidance for ballots which the optical scanner or other computer read ballot
was unable to read.
6.35.040 – Write-in Votes. This section would be newly spelled out in our code; it was incorporated
by reference in current code (6.05.110) as it is in State law, AS 15.15.365 and AS 15.15.361.
6.35.050 – Disqualified Candidates. This section would be newly spelled out in our code; it goes
along with the new policy that the Clerk determines qualifications of candidates. Because it is
possible for the candidate to be disqualified after the ballots have been ordered, this section
addresses not counting those votes. The language in this section is similar to KPB.
6.35.060 – Tally of Votes. This section would be new in our code. It is copied from KPB code. It
gives provisions for counting ballots in the event of an equipment failure or power outage.
6.35.070 – Completion of Ballot Count. This section is newly spelled out in our code; it was
incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.370. This
section provides guidance for returning the completed election materials to the clerk.
6.35.080 – Other Ballot Counting Systems. This section would be new in our code. It is copied
from KPB code. It gives provides for using equipment approved for use in state and borough
elections.
Chapter 6.40 – Canvassing and Certification of Election Results. This chapter compiles the
sections pertaining to canvassing and certifying the election.
6.40.010 – Canvass Board. This section is in current code (6.05.120(a)(1&2). I’ve added that
they must take an oath which is consistent with past practice and was copied from KPB code.
6.40.020 – Canvass of Returns. This section restates current code (6.05.120(b))
6.40.030 – Procedures for Handling Questioned Ballots. This section is newly spelled out in our
code; it was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.207. This section provides guidance for counting or rejecting questioned ballots.
6.40.040 – Voters Not on Official Registration List. This section is newly spelled out in our code;
it was incorporated by reference in current code (6.05.110) as it is in State law, AS 15.15.198.
This section provides guidance for rejecting ballots of voters whose registrations have been
canceled.
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6.40.050 – Certification of the Election Results. This section would be new in our code. It fleshes
out Charter and was copied from KPB; it provides guidance on Council action after receipt of the
report of the Canvass Board.
Chapter 6.45 – Election Recount. This chapter compiles the sections pertaining to an election
recount.
6.45.010 – Recount Application. This section, for the most part, is in current code (6.05.220). It
has been expanded to include additional details about the recount request on the application
which has been modified from AS 15.20.440 and KPB code.
6.45.020 – Date of Recount – Notice. This section is substantially the same as current code
(6.05.220(c)). It adds provisions for notifying the applicant for recount and interested parties of
the time and place the recount will be taking place.
6.45.030 – Procedure for Recount. This section is newly spelled out in our code and is similar to
KPB code. It was incorporated by reference in current code (6.05.110) as it is in State law, AS
15.20.480.
6.45.040 – Certification of Recount Result. This section is newly spelled out in our code and is
similar to KPB code. It was incorporated by reference in current code (6.05.110) as it is in State
law, AS 15.20.490.
6.45.050 – Return of Deposit and Apportionment of Expenses Upon Recount. This section
expands on current code (6.05.220(b)). It is similar to KPB code and addresses partial refunds
and recovering excess costs should the recount not change the results by 4% or more.
6.45.060 – Appeal to the Courts After Recount. This section is in current code (6.05.230)
Chapter 6.50 – Contest of Election. This chapter compiles the sections pertaining to an election
contest and is addressed in current code (6.05.240) where guidance is to use same grounds and
in the same manner, as nearly as may be, as in election contests arising out of State elections.
State law has been written into this chapter of the ordinance as adapted from State law, AS
15.20.540 - 550. Also, pursuant to AS 29.26.070, which provides that governing bodies may, by
ordinance, set the procedure for the contest of an election, provisions similar to KPB, Ketchikan
Gateway Borough, Mat-Su Borough, and City of Soldotna, related to a local investigation process
were incorporated prior to the matter being elevated to superior court.
Chapter 6.55 - Special Elections. This chapter compiles the sections pertaining to a special
election and is in this ordinance as it is in current code (6.05.300 – 6.05.340).
To the extent possible, 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:
• 6.05.190 which addresses a receiving board which has traditionally been the members of
the Clerk’s Office, and a data processing control board which KPB has traditionally
provided for and is incorporated in the MOA considered in Resolution No. 2021-46;
• 6.05.210 which speaks to computer testing which KPB has traditionally provided for and
is incorporated in the MOA considered in Resolution No. 2021-46; and,
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• 6.05.250 which speaks to rules and regulations developed by the Director of Elections at
the state level also applying to City elections, however, by collaborating with KPB, we
should match KPB as much as possible.
• 6.05.270 which addressed offenses and penalties; those offenses and penalties are
addressed in state law, carry heavier penalties in state law, and we can prosecute those
offenses.
Your consideration is appreciated.
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
FROM: Jamie Heinz, City Clerk
DATE: July 27, 2021
SUBJECT: Ordinance No. 3224-2021 – Title 6 Rewrite
On July 7, 2021 you introduced Ordinance No. 3224-2021. Also at your July 7 2021 meeting, you
authorized entering into a Memorandum of Agreement with the Borough regarding election
administration. This memorandum requests the following amendment to Ordinance No. 3224-
2021.
Move to insert the word authorized in the blank in fourth whereas clause.
Thank you for your consideration.