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HomeMy WebLinkAboutOrdinance No. 3398-2024KENAI CITY OF KENAI ORDINANCE NO. 3398-2024 Sponsored by: City Clerk AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, TO ENHANCE CONSISTENCY, PROMOTE EFFICIENCIES AND MAKE HOUSEKEEPING CHANGES. WHEREAS, Alaska Statutes provide for local governments to establish procedures governing local elections; and, WHEREAS, periodic reviews of the election code and updates when needed improves efficiency in the election process; and, WHEREAS, it is in the best interest of the voters, candidates and City to provide clear election procedures within municipal code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 6.05.040 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.040 Votes Required for Election to Office, is hereby amended as follows: 6.05.040 Votes required for election to office. (a) Each City office [SHALL] will 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] the clerk will notify the Council and the candidates who are tied and proceed with the recount of votes 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] will 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. Section 2. Amendment of Section 6.05.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.050 Preservation of Election Ballots, Papers and Materials, is hereby amended as follows: 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 (6) YEARS AND THEN MAY BE DESTROYED. (C) ELECTION REGISTERS, NOMINATING PETITIONS, DECLARATION OF CANDIDACY, AND REJECTED BALLOTS SHALL BE RETAINED FOR ONE (1) 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.] The City Clerk will preserve all precinct election certificates, tallies, registers, voted ballots and sworn statements of candidacy not less than one year after certification of the election and in accordance with the City of Kenai Records Management Schedule and Record Retention Policy as New Text Underlined; [DELETED TExT BRACKETED] Ordinance No. 3398-2024 Page 2 of 10 adopted by the City Council pursuant to KMC 10.30.030. These materials may be destroyed after their retention period has lapsed unless their destruction has been staved by an order of the court. Section 3. Amendment of Section 6.15.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.010 Candidate Qualifications, paragraph (a) is hereby amended as follows: A candidate for elective City office: (a) [SHALL] Must be at least twenty-one (21) years of age and have the qualifications required in City Charter, Section 2-1(b), as of the date of the [DECLARATION] sworn statement of candidacy; Section 4. Amendment of Section 6.15.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.020 Nomination and Declaration of Candidacy, is hereby amended as follows: 6.15.020 Nomination Petition and [DECLARATION] Sworn Statement 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] and a public financial disclosure statement required by KMC 1.85.010(a). If August 15th is not a regular City workday, then candidates [SHALL] will have until noon on the first workday following to file their candidacy paperwork. (b) The [A] nominating petition [SHALL] must be on a form provided by the clerk and must include: (1) The full name of the candidate the petitioners are sponsoring; and (2) The full residence address of the candidate; and (3) The office for which the petitioners are nominating the candidate; 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) A voter may sign as many petitions that are circulated for each election, but may only sing each petition one time. If a voter signs one petition more than once, only one signature will be counted. ([C]d) The sworn statement of candidacy must be on a form provided by the clerk and must [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 ([D]e) A candidate [SHALL] must provide any other information the Clerk reasonably requires to determine whether the candidate is qualified for the office as provided by law. ([E]f) Within three (3) days after the filing of the [DECLARATION] sworn statement of candidacy and nominating petition, the Clerk [SHALL] will determine whether the nominating petition is signed by the required number of registered voters, and so notify the candidate. If insufficient, the Clerk will [SHALL RETURN THE PETITION IMMEDIATELY TO] nq!L the candidate with a statement as to why the petition is insufficient. [WITHIN THE REGULAR TIME FOR FILING PETITIONS AND DECLARATIONS OF New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 3 of 10 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 and will include a copy of the insufficient petition. Lc� A Candidate may correct an insufficient nomination petition by filing a new nomination petitions within the regular time for filing nomination petitions and sworn statements of candidacy, with the exception that a nomination petition that has an insufficient number of signatures may be supplemented with additional signatures on a form provided by the Clerk, supplemental signatures must be obtained and filed with the Clerk within the regular time for filing nomination petitions and a sworn statement of candidacy. ([F]h) Any candidate for office may correct, amend or 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 correction, amendment or withdrawal with the City Clerk. If a candidate desires to file for a different seat, the candidate must file a new nomination petition and sworn statement of candidacy. Section 5. Amendment of Section 6.15.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.030 Review of Candidate Qualifications, paragraphs (c) and (0, is hereby amended as follows: (c) Any person may question the eligibility of a candidate who has filed a [DECLARATION] a sworn statement 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 tenth calendar day after the filing deadline for the office for which the candidate seeks election. (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] sworn statement of candidacy, and, in the discretion of the Clerk, any other public record. Following review of all relevant evidence in the case, and within twenty (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: Section 6. Amendment of Section 6.15.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.050 Notice of Vacancy, is hereby amended as follows: At least ten (10) days before nominations are open for each regular or special election, the Clerk [SHALL] will 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 sworn statement of candidacy for the offices. Section 7. Enactment of Section 6.15.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.060 Write -In Candidates, is hereby enacted as follows: 6.15.060 Write-in Candidates An individual who misses the nomination petition and sworn statement of candidacy filing period may run as a write-in candidate. Votes for a write-in candidate for elective city office will not be counted unless that candidate has filed with the Clerk, at least five -days prior to the election date a nomination petition with sufficient signatures, a sworn statement of candidacy and a public financial disclosure statement as required by KMC 1.85.010(a). In order to protect the integrity of the process, the deadlines for filing for elected office and the printing requirements, a write-in candidates name and statement will not be included in any published materials of the City or published materials generated on behalf of the City. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 4 of 10 Section 8. Amendment of Section 6.20.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.20.030 Ballot Form, paragraph (b), is hereby amended as follows: (b) The title of the office to be filled [SHALL] will be followed by the printed names of the candidates for such office, below which [SHALL] will 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] will be placed before the list of candidates for each office. The names of the candidates [SHALL] will be printed as they appear upon the [DECLARATION] sworn statement of candidacy filed with the Clerk, except that any honorary or assumed title or prefix [SHALL] will 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] will be set out in order as provided in subsection (a) of this section. Section 9. Repeal and Reenact Section 6.30.050 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.30.050 Absentee Voting - By Mail, is hereby repealed and reenacted as Section 6.30.050 Absentee Voting By -Mail or Electronic Transmission as follows: [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. (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 ONE (1) UNITED STATES CITIZEN WHO IS EIGHTEEN (18) YEARS OF AGE OR OLDER. A SELF -CERTIFICATION OF THE WITNESS'S QUALIFICATIONS MAY BE ACCEPTED. (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, 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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 5 of 10 (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.] 6.30.050 Absentee Voting By -Mail or Electronic Transmission. (a) Qualified voters of the city may apply for delivery of an absentee ballot. Application for delivery of an absentee ballot may not be submitted earlier than the first of the year in which the election is to be held; and M Application requesting delivery by mail must be received not less than seven days before an election; or Application requesting delivery by electronic transmission must be received not later than 5:00 p.m. the day preceding the election. Applications to receive an absentee ballot by -mail or by electronic transmission may be submitted to the clerk in person, by mail, by facsimile or other electronic means as prescribed by the clerk. (c) A qualified voter may request that their name be placed on a permanent list to receive an absentee ballot application annually. Absentee ballot applications will be on a form provided by the clerk and will Include the following: Applicants full name; and Applicants full city residence address; and By -Mail delivery requests will include the address the applicant desires the absentee ballot to be mailed to; and By -Electronic transmission requests include the facsimile number or email address to which the ballot is to be sent to; and A voter identifier such as a voter number, social security number or date of birth; and The applicants signature. (e) After receipt of an application for a by -request ballot, the clerk will as soon as the absentee voting materials are ready for distribution send the absentee voting package: By -mail absentee voting package will be sent to the applicant by first class mail and include a ballot. a secrecv sleeve. a Dostaae paid return absentee ballot affidavit envelope addressed to the city clerk and instructions for returning an absentee by -mail affidavit envelope and ballot. By -Electronic transmission absentee voting package will be sent to the applicant by electronic transmission and include a copy of the ballot in a form that is suitable for electronic transmission, a voter affidavit form, a return facsimile number and instructions for returning the voter affidavit form and electronic transmission ballot. The clerk will maintain a record of absentee voters pursuant to KMC 6.30.110. Lc.� Voters may proceed as follows upon receipt of the by -requested absentee ballot packet: Mark the ballot in secret; and By -mail ballots. Fold the ballot in half and place it in the provided secrecy sleeve, then placed the secrecy sleeve containing the voted ballot into the larger postage paid affidavit envelope; or New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 6 of 10 ii By -electronic transmission ballots. Fold the ballot in half in a manner to preserve the secrecy of the voted ballot; and In the presence of an authorized individual as identified within this paragraph, sign and date the voter certification/oath. Authorized officials include: 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 oath. If no authorized official is available, the absentee voter will sign the voter certificate in the presence of an individual who is a United States citizen and 18 years of age or older; and Have the authorized official sign and date the witness affidavit portion of the affidavit envelope or electronic transmission affidavit form; and Complete the voter identification section of the return absentee affidavit envelope or electronic transmission affidavit form. Voted absentee by -request ballots will comply with subsection q of this section and will be returned as fnllnws- By-mail voted ballot must be marked and attested to on or before the date of the election. If the ballot is returned by mail it must be postmarked on or before midnight of the election day and received by the clerk no later than noon on the seventh day following the election. All absentee by mail ballots will meet the requirements of KMC 6.30.100. By -electronic transmission ballot must be marked and attested to on or before the date of the election; and May not be returned by email; and ii If returned by facsimile must be received not later than 8:00 p.m. on the date of the election; and LL If returned by mail the voter will use a mail service at least equal to first class mail, comply with subsection h. 1. of this section and meet the requirements of KMC 6.30.100: and iv Include 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 my vote will be held as confidential as possible. The clerk may require a voter casting an absentee ballot by -mail or electronic transmission to provide proof of identification or other information to aid in the establishment of their identity. Section 10. Repeal of Section 6.30.060 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.30.060 Absentee Voting - By Electronic Transmission, is hereby repealed as follows: [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. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 7 of 10 (C) AN ABSENTEE BALLOT THAT IS COMPLETED AND RETURNED BY THE VOTER BY ELECTRONIC TRANSMISSION MUST: (1) CONTAIN THE FOLLOWING STATEMENT: 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. A SELF -CERTIFICATION OF THE WITNESS'S QUALIFICATIONS MAY BE ACCEPTED. (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 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 CANVASSING 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, 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 (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 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.] Section 11. Enactment of Section 6.30.055 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.30.055 Review of Returned By -Mail or Electronic Transmission Affidavits, is hereby enacted as follows: 6.30.055 Review of Returned By -Mail or Electronic Transmission Affidavits. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 8 of 10 (a) Upon the return of a voted by -request ballot, the clerk or designee will record receipt of such ballot in accordance with KMC 6.30.110. When a ballot is returned by electronic transmission on election day the clerk will also record the time of receipt. (b) Electronically transmitted ballots will be counted in the same manner as other absentee ballots, even though the receiving process established within this section may reveal to one or more election officials the manner in which a particular absentee voter cast their ballot. It will be unlawful to display an electronically transmitted ballot in a manner revealing the way in which a particular voter cast their ballot to any person other than the clerk, member of the clerk's staff, an election official in the course of their duties or an attorney advising the clerk on legal questions concerning the ballot. (1) When a ballot is returned by electronic transmission, the city clerk will: Fold and place the electronic transmitted ballot in a secrecy sleeve: and ii Seal the secrecy sleeve containing the voted ballot in an outer envelope, then seal the outer envelope: and iii Attach the voter affidavit form and identification portion of the transmission to the outside of the sealed envelope: and (c) Returned voted by -request absentee ballots, regardless of the method in which they were returned will be stored in a secure location until delivered to the canvass board. If a returned ballot affidavit envelope or an electronically transmitted affidavit form is received by the office of the clerk on or before the closing of the polls on election day, the clerk or designee will review the affidavit for completeness. If the affidavit is incomplete causing the ballot to be rejected pursuant to KMC 6.40.030, the city clerk or designee will within 24 hours of receipt of the voted ballot affidavit, notify the voter of the deficiency. (e) Incomplete affidavits may be corrected by the voter, in person at the office of the city clerk during regular business hours. In person corrections must be made by the voter no later than 5:00 p.m. on the sixth day following the election. Should the sixth day following the election be a Saturday, Sunday or recognized city holiday, the voter will have until 10:00 a.m. on the following business. M If the voter is unable to correct the deficiency in person, the voter may: Request delivery of a replacement by -mail absentee ballot package, provided that the request must be received not less than seven days before an election: or JiiJ Request delivery of a replacement by -electronic transmission ballot package, provided that the request must be received no later than 5:00 p.m. the day preceding the election; and iii All voted replacement ballot package will meet the requirements of KMC 6.30.050 and KMC 6.30.100. (f) Voted absentee by -mail or electronic transmission ballots received after the deadlines as established in the subsections of KMC 6.30.050(h) will be marked "invalid", remain un-opened with the date of receipt on the envelope and be preserved in accordance with the records retention schedule as adopted by the City Council. Section 12. Amendment of Section 6.40.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.40.010 Canvassing Board, paragraph (a)(2), is hereby amended as follows: (2) The Canvassing Board shall consist of the City Clerk and up to [five (5)] six 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 9 of 10 the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member. Section 13. Amendment of Section 6.40.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.40.020 Canvass Returns, paragraph (a) is hereby amended as follows: (a) The Canvassing Board [SHALL] will meet on the [TUESDAY] seventh day following each election. The election Canvassing Board shall meet in public session and canvass all election returns. In full view of those present, the election Canvassing 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 Canvassing 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 Canvassing 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 ballot, and shall prepare a written report of the results. Section 14. Amendment of Section 6.45.020 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.45.020 Date of Recount - Notice, is hereby amended as follows: 6.45.020 Date of Recount - Notice. (a) If the Clerk determines that the application is substantially in the required form, the Clerk [SHALL] will fix the date of the recount to be held within [FORTY-EIGHT (48) HOURS] three -days, 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. Section 15. 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 16. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 21ST DAY OF FEBRUARY, 2024. Brian Gabriel Sr., Mayor ATTEST: Michelle Sa e , C, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3398-2024 Page 10 of 10 Introduced: February 7, 2024 Enacted: February 21, 2024 Effective: March 22, 2024 New Text Underlined; [DELETED TEXT BRACKETED] KE NAI City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.lCenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City clerk DATE: January 25, 2024 SUBJECT: Amendments to Kenai Municipal Code Title 6 - Elections The amendments to the KMC Title 6 - Elections as proposed in the attached ordinance include some minor housekeeping amendments and codification of certain election current election procedures. The following identifies the proposed amendments by ordinance section: Section 1. Addresses the initiation of a recount in the case of a tie. Current code requires the Council to order a recount in the case of a tie, the proposed amendment would direct the clerk to notify the tied candidates and Council, and proceed with the recount in accordance with KMC 6.45.030 - Date of Recount Notice. (Note: Section 14 of the Ordinance proposes an amendment to the number of days in which the recount must be held.) The proposed change will expedite the initiation of a recount by eliminating the need to call and notice a special meeting of the council as well as allowing the recount to be scheduled and conducted before the next regular Council Meeting, allowing certification of the election to be on schedule. Section 2. Removes retention requirements for election materials from KMC and instead refers to the City of Kenai Records Retention Policy. The records retention policy in accordance with KMC 10.30-Records Retention is adopted by the Council and any changes to the retention of election materials would be brought to the Council as an amendment to the policy. The amendment as proposed in the ordinance would prevent any potential conflicts if the retention were to be changed in one location and not the other. Section 3. Housekeeping, Kenai Municipal Charter references a sworn statement of candidacy, there are several sections within the ordinance that propose changing "declaration of candidacy" to "sworn statement of candidacy". This will provide continuity throughout the election charter and code. Section 4. Includes some housekeeping; provides clarification for the number of nominations petitions a voter may sign and if a voter signs more than allowed, which signature would be counted; establishes additional standards for insufficient nomination petitions; and adds standards for correction and amendments to sworn statements of candidacy to the existing withdrawal section. The following identifies specific amendments within the section. • Paragraph (a). Mostly housekeeping amendments. The language "on a form or forms provided by the clerk" was relocated to the beginning of the subsections specifically related to the nomination petition form and the sworn statement of candidacy form. • Paragraph (b), subparagraph (5). Increases the number of nomination -petitions a voter can sign to equal the number of vacancies to be filled. City Council seats are at large and during regular election a voter may vote for no more than two candidates; however, current code prohibits a voter from signing more than one nomination petitions, the proposed amendment will permit a voter to sign as many petitions as there are vacancies to be filled. • Paragraph (c). This is a new paragraph and provides clear direction on which signatures would count if a voter signed more petitions than vacancies. As written it establishes that the signatures on the nomination petitions first filed would be the signatures used. This provision prevents the possibility of a candidate who had already been certified, having that certification revoked at a later date due to a voter signing more petitions than permitted. • Paragraph (d). Clarifies that the sworn statement of candidacy is on a form provided by the clerk. • Paragraph (e). Housekeeping amendments. • Paragraph (f). New language in this subsection clarifies that the candidate will be provided a copy of the insufficient nomination petition which allows the clerk to retain the original for records retention purposes. The language being removed related to filing a new petition was included in the new subparagraph (g). • Paragraph (g). Continued with the intent of the language that was removed from paragraph (f); however, added new language that if the nomination petition was insufficient due to signatures, the candidate could gather supplemental signatures instead of circulating a new petition. • Paragraph (h). Expanded the rules for withdrawals of sworn statements candidacy to include corrections or amendments of sworn statements of candidacy. Also establishes that if a candidate desires to file for a different seat, they would be required to file a new nomination petition and sworn statement of candidacy. Section 5 & 6. Housekeeping amendments. Section 7. Establishes a new section of code for write in candidates. Kenai Municipal Charter 10-04 allows that a voter may write in a person whose name does not appear on the ballot and KMC 6.35 establishes rules for counting write -in -votes; however, there is no established code for write-in candidates. At the State level, thirty-three states including Alaska only accept votes for write-in candidates who officially register as a candidate, eight states have no regulations regarding write-in candidates, and nine states do not accept write-in candidates at all. Alaska Statutes (AS) 15.25.105 applicable only in state elections, in part provides that votes for a write-in candidate may not be counted unless that candidate has filed a letter of intent with the director, not less than five days before the election. The Kenai Peninsula Borough, City of Seward and City of Soldotna require write in candidates to file prior to the election and of the eleven Home Rule City's in the State of Alaska seven have filing requirements for write-in candidates. Including provisions for write-in candidates in KMC will ensure that write in candidates meet the same standards and requirements as the candidates who filed during the open filing period. Section 8. Housekeeping amendment. Section 9. Repeals KMC 6.30.050 Absentee Voting - By Mail and reenacts KMC 6.30.050 Absentee Voting By -Mail or Electronic Transmission. Attachment B shows the repealed section of code with comments on where and how those sections were incorporated into the reenacted code. This proposed amendment will combine the current KMC 6.30.050 Absentee Voting - By -Mail and KMC 6.30.060 Absentee Voting - By -Electronic Transmission into one section of code. The overall procedures for managing requests for delivery of absentee voting packages should be consistent regardless of the method in which the voting materials are delivered and the method in which the voter chooses to return the voted materials. The proposed new section of code provides a consistent process for both the by -mail and by -electronic transmission absentee voting as well as providing clear regulations regarding the methods of delivery and return available. The following identifies more substantive changes proposed in the new section of code: • Paragraph (c). Codifies the current practice, clarifying that if a voter wishes to receive an absentee ballot package permanently, that voter will be required to complete an absentee ballot application on an annual basis. • Paragraph (d). Established the required form of an absentee ballot application. Page 2 of 3 The City of Kenai I www.6nai.city • Paragraph (h)(2)(i). Establishes the electronic voted materials may not be returned by email. This is the current practice in place to protect not only the voter's identifiers that are required on the affidavit, but also how the voter voted. Section 10. Repeals KMC 6.30.060 Absentee Voting - By Electronic Transmission. Attachment C shows the repealed section KMC 6.30.060 with comments on where and how those sections were incorporated into the reenacted KMC 6.30.050 Absentee Voting By -Mail or Electronic Transmission. Section 11. Establishes a new section of code KMC 6.30.055 Review of Returned Absentee By -Mail or Electronic Transmission Affidavits. This new section will codify the process in which returned absentee by -mail or electronic transmission voted ballots are processed when received and ensures consistency and security, it also incorporates and substantially expands portions of the repealed KMC 6.30.050 & 6.30.060 regarding procedures for an absentee voter to correct incomplete affidavits. Section 12. Increases the number of canvass board members from five to six. Canvass board members work in teams of two, this process is done to ensure that all voted ballot materials remain in dual custody and accountability reporting is confirmed by the two members who canvassed a specific voting location, no canvass board member may canvass their own work. During canvassing the clerk is frequently requested to provide direction to different canvassing teams, causing interruption to the team in which the clerk is participating in. An additional member will allow the clerk to oversee each team during the canvassing of an election. Section 13. Amends the date in which the canvass board meets after an election from Tuesday to the seventh day. This amendment does not change the actual number of days after an election that the canvass board meets, it addresses the potential of an election being conducted on a day other than a Tuesday. Section 14. Changes the number of days in which the clerk has to conduct a recount from two (48- hours) to three days. Alaska Statutes (AS 15.20.460) and Kenai Peninsula Borough (KPB 4.100.030) provides for the date of the recount to be held within three days. Allowing one additional day before the recount will be held provides consistency in the process with others and allows the clerk additional time to recruit a recount board and make other necessary preparations for a recount. Attachment A - Council Adopted Retention Policy for Elections Attachment B - Repealed KMC 6.30.050 Absentee Voting - By Mail Attachment C - Repealed KMC 6.30.060 Absentee Voting - By Electronic Transmission Page 3 of 3 The City of Kenai I www.6nai.city Attachment A 0 o 0 L N N � N Y C N o W cJ N !�v O Z E o > .o_ w CuU o Lo Hd C N L m c C N U a� Z >. aC N N •O.. O U O` C a)in O LU r2 m O C O y N C N N CDy N Q O _ m N€ E fla m _ e y ma = o U yQ m �o �co y my II n 2 4? E'er ° mo U iz t �y Um . 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(shown in Section 9 of the ordinance) 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. (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 one (1) United States citizen who is eighteen (18) years of age or older. A self -certification of the witness's qualifications may be accepted. Commented [SST]: First sentence is included in as two paragraphs: (a)(1) Second sentence was substantially modified as paragraph (c). There is no permanent absentee mail status. A voter may request an application be sent each year. The new paragraph reflects the actual practice. Third sentence was included in paragraphs (d) 1-6. Commented [SS2]: This was included and expanded as two paragraphs: (e)(1) Commented [SS3]: This was included and expanded in paragraphs: (g)(1)(8) and (g)(2)(3)(4) (d) An absentee ballot must be marked and attested on or before the date of the election. If the Commented [SS4]: This was included and modified as voter returns the ballot by mail, they shall use the most expeditious mail service and mail the ballot paragraphs: (h)(1) 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 Commented [SSS]: This was moved to another section mail voter, whose absentee ballot would be rejected under KMC 6.40.030, explain why the ballot and modified. The new section is 6.30.055 Review of would be rejected, and provide a reasonable opportunity, until 5:00 p.m. on the sixth day after Returned By -Mail or Electronic Transmission Affidavits. election day, to cure the ballot. (f) The Clerk may require a voter casting an absentee ballot by mail to provide proof of identification Commented [SS6]: This was included as paragraph (i) or other information to aid in the establishment of their identity. KMC 6.30.050, Absentee voting —By mail Attachment B (g) The Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent _. - commented (Ss7]: Included, substantially modified. KM by mail. The record must list the date on which the ballot is mailed and the date on which the ballot 6.30.110 requires a log of absentee voters. Instead of is received by the Clerk and the dates on which the ballot was executed and postmarked. repeating the requirements reference to KMC 6.30.110 wa included as paragraph (f) KMC 6.30.060, Absentee voting —By electronic transmission Attachment C The following information is the current section of KMC 6.30.060 Absentee Voting - By Electronic Transmission which is proposed to be repealed in its entirety. The notes to the right indicate where or how these sections were or were not incorporated into the new proposed reenacted section KMC 6.30.050 Absentee Voting By -Mail or Electronic Transmission. (shown in Section 9 of the ordinance) 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 absentees 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. A self -certification of the witness's qualifications may be accepted. (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 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. Commented [SS1]: First and Second sentence were included in paragraphs (a)(2) Third sentence was omitted. New paragraph (d)(4) is the replacement for it and does not provide for mailing an absentee voting packet if an electronic address was not included. Fourth sentence was omitted. New paragraph (e)(2) provides direction on how the voting package is sent. Commented [SS2]: This was included and substantially expanded as paragraph (e)(2) Commented [SS3]: This with the subparagraphs were included as paragraph (h)(2)(iv) Commented [S54]: This was omitted. The new paragrap that has a similar intent is (g)(2)(3) Commented [SSS]: This was included and modified as paragraph (h)(2)(iii) Commented [SS6]: This was included and modified as paragraph (h)(2)(ii) KMC 6.30.060, Absentee voting —By electronic transmission Attachment C (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 Canvassing Board for review. (g) the Clerk shalli, as soon aspracticable, make a reasonable effort to contact each absentee by electronic transmission 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. I Commented [SS7]: This was relocated and modified to the new section 6.30.055 Review of Returned By -Mail or Electronic Transmission Affidavits, as paragraphs (b)(1) Commented [SS8]: This was relocated to the new 6.30.055 as modified paragraph (e) to include the subparagraphs. (h) An electronically transmitted ballot shall be counted in the same manner as other absentee Commented [SS9]: This was relocated to the new ballots, even though this procedure may reveal to one (1) or more election officials the manner in 6.30.055 as paragraph (b) 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.