Loading...
HomeMy WebLinkAboutOrdinance No. 3518-2026KENAI CITY OF KENAI ORDINANCE NO. 3518-2026 Sponsored by: City Clerk AN ORDINANCE AMENDING KENAI MUNICIPAL CODE TITLE 6 - ELECTIONS, CHAPTERS 6.05, 6.15 AND 6.40 RELATING TO ELECTION DATES, CANDIDATE FILING, COMPENSATION OF ELECTION OFFICIALS, AND CANVASSING OF ELECTIONS. WHEREAS, the Kenai Municipal Charter (Charter) currently establishes the date of the City's regular election; and, WHEREAS, the qualified voters of the City of Kenai during the April 14, 2026 Special Election approved amendments to the Charter, effectively moving the annual election date from the first Tuesday in October, to the first Tuesday following a Monday in November; and, WHEREAS, amendments to Kenai Municipal Code 6.05.010 - Definitions, 6.05.030 - Election Times, and 6.15.020 - Nomination Petition and Sworn Statement of Candidacy, are necessary to align KMC with the newly adopted provisions of the Charter; and, WHEREAS, including provisions that would allow election officials to be paid as they currently are on an hourly basis or by a flat contracted stipend would lessen the operational administrative requirements when onboarding election officials for Special Elections; and, WHEREAS, amending current canvassing procedures from a one -day process to a seven-day process will allow sufficient time for canvassing the increased volume of absentee, questioned and special needs ballots that will be received with the alignment of the City elections with the State of Alaska elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. Amendment of Section 6.05.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.010 Elections, General Provisions, Definitions, Regular Election, is hereby amended as follows: "Regular election" means the City election held annually on the first Tuesday [OF OCTOBER ANNUALLY AS PRESCRIBED BY KENAI CHARTER SECTION 10-1 ] following the first Monday in November. Section 2. Amendment of Section 6.05.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.030 Elections, General Provisions, Election Times, is hereby amended as follows: 6.05.030 Election Times. (a) Regular Election. Annually, on the first Tuesday [OF OCTOBER] following the first Monday in November, 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 seventy-five (75) days prior to the date of the election and may submit questions to the New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3518-2026 Page 2 of 5 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. Section 3. Amendment of Section of 6.05.060 Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.060 Elections, General Provisions, Election Expenses is hereby amended as follows: 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] must pay each election official and canvassing board member an hourly rate or a flat rate for services performed for time spent at his or her election duties, including the receiving of instructions. The election supervisor shall set the hourly or flat rate compensation to be paid for time spent by election officials. Section 4. Amendment of Section of 6.15.020 Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.020 Elections, Filing for Office, Nomination Petition and Sworn Statement of Candidacy, is hereby amended as follows. - (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 1 ST AND AUGUST 15TH, 4:30 P.M.,] from August 16th, 9:00 a.m. through August 31 st, 4:30 p.m. a nominating petition with sufficient signatures, a sworn statement of candidacy, and a public financial disclosure statement required by KMC 1.85.010(a). If August [15TH] 31 st is not a regular City workday, then candidates will have until noon on the first workday following to file their candidacy paperwork. (b) The nominating petition 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. (c) A voter may sign as many petitions as are circulated for each election, but may only sign each petition one (1) time. If a voter signs one (1) petition more than once, only one (1) signature will be counted. (d) The sworn statement of candidacy must be on a form provided by the Clerk and must 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 New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3518-2026 Page 3 of 5 (4) The date and signature of the candidate; and (5) Attestation and date by the Clerk; and (e) A candidate must 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 sworn statement of candidacy and nominating petition, the Clerk 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 notify the candidate with a statement as to why the petition is insufficient. The 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. (g) A candidate may correct an insufficient nomination petition by filing a new nomination petition 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. (h) Any candidate for office may correct[,] or 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[,] or 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. (i) Any candidate may withdraw their statement of candidacy by filing a written notice of withdrawal with the clerk within seven calendar days of the close of the regular time for filing nomination petitions and sworn statement of candidacy. If the withdrawal is timely, the candidate's name will not appear on the ballot. Section 5. Amendment of Section 6.40.020 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 6.40.020 Canvassing and Certification of Election Results, Canvass of Returns, is hereby amended as follows: 6.40.020 Canvass of Returns. [(A) THE CANVASSING BOARD WILL MEET ON THE 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.] New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3518-2026 Page 4 of 5 (a) The canvass board will meet in public sessions beginning on the second day following each election and continue to meet as needed through the date of certification for the following: 1. Adjudication of the validity of absentee, special needs and questioned ballot envelopes. No votes from the absentee, special needs or questioned ballots will be tallied until the seventh day following each election. 2. Conduct polling location evaluations by reviewing all materials and documentation returned from each polling location to ensure the integrity, and accuracy of each polling location. 3. Audit administrative and polling location accountability reports, reviewing the tallies of the recorded vote for mathematical errors and comparing totals with precinct results tapes; and, A. Obvious errors found by the canvass board in the transfer of totals between the precinct accountability reports and results tape will be corrected by the canvass board; or, B. A mistake or discrepancy in the precinct returns that is not the result of a clear error in the transfer of results from the tallies to the precinct's results tape constitutes ground for the canvass board to conduct a recount of the results of the precinct or precincts for that portion of the returns in question. 4. On the seventh day following each election the canvass board in a public session will open and cast the absentee, special needs and questioned ballots of which the validity was verified. 5. Upon completion of the canvass, the canvass board will prepare a final certificate of results for absentee, personal needs and questioned ballots, and will prepare a written report of results to be submitted to the Council. 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 final meeting of the Canvassing Board for each election. Section 6. 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 7. 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, , ATTEST: e . S er i'�1MC, City Clerk New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 3518-2026 Page 5 of 5 Introduced: May 6, 2026 Enacted: May 20, 2026 Effective: June 19, 2026 New Text Underlined; [DELETED TEXT BRACKETED] L I000, City of Kenai MEMORANDUM K E N 4 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.75351 www.kenai.city TO: Mayor Knackstedt and Council Members FROM: Shellie Saner, Kenai City Clerk DATE: April 17, 2026 SUBJECT: Ordinance No. 3518-2026 - Amending Kenai Municipal Code Title 6 - Elections, Chapters 6.05, 6.15 and 6.40 Relating to Election Dates, Candidate Filing, Compensation of Election Officials, and Canvassing of Election. (City Clerk) Proposed amendments to Kenai Municipal Code (KMC) within the attached Ordinance, will update Title 6 - Elections to align Code with changes made to the Charter by the voters during the April 14, 2026 Special Election. The following represents sections within the Ordinance and provides an analysis of the changes to KMC: Section 1. Amendment of Section 6.05.010 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.010 Elections, General Provisions, Definitions, Regular Election is hereby amended as follows: "Regular election" means the City election held annually on the first Tuesday [OF OCTOBER ANNUALLY AS PRESCRIBED BY KENAI CHARTER SECTION 10-11 following the first Monday in November. The proposed amendments above would revise the definition of "Regular Election" in KMC to ensure consistency with the voter approved amendments to Charter Section 10-1 Annual Elections - Time. Section 2. Amendment of Section 6.05.030 of Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.030 Elections, General Provisions, Election Times is hereby amended as follows: 6.05.030 Election Times. (a) Regular Election. Annually, on the first Tuesday [OF OCTOBER] following the first Monday in November, 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 seventy-five (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. The proposed amendments above would revise KMC Election Times to align the election date with the voter approved amendments to Charter Section 10-1 Annual Elections - Time. Section 3. Amendment of Section of 6.05.060 Kenai Municipal Code: That Kenai Municipal Code, Section 6.05.060 Elections, General Provisions, Election Expenses is hereby amended as follows: 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] may pay each election official and canvassing board member an hourly rate or a flat rate for services performed for time spent at his or her election duties, including the receiving of instructions. The election supervisor shall set the hourly or flat rate compensation to be paid for time spent by election officials. The proposed amendments above are being brought forward to include new provisions in KMC to clarify that election officials may be paid a flat rate stipend for services. This amendment is being proposed to streamline the onboarding process for election workers when hired for Special Elections or elections conducted solely for the City; and lessen the administrative requirements when onboarding temporary election officials' employees. Page 2 of 5 ;clj The City of Kenai I www.kenai.city Section 4. Amendment of Section of 6.15.020 Kenai Municipal Code: That Kenai Municipal Code, Section 6.15.020 Elections, Filing for Office, Nomination Petition and Sworn Statement of Candidacy is hereby amended as follows: (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 1 ST AND AUGUST 15TH, 4:30 P.M.,] from August 16th, 9:00 a.m. through August 31st, 4:30 p.m. a nominating petition with sufficient signatures, a sworn statement of candidacy, and a public financial disclosure statement required by KMC 1.85.010(a). If August [15TH] 31st is not a regular City workday, then candidates will have until noon on the first workday following to file their candidacy paperwork. (b) The nominating petition 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. (c) A voter may sign as many petitions as are circulated for each election, but may only sign each petition one (1) time. If a voter signs one (1) petition more than once, only one (1) signature will be counted. (d) The sworn statement of candidacy must be on a form provided by the Clerk and must 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 must 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 sworn statement of candidacy and nominating petition, the Clerk 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 notify the candidate with a statement as to why the petition is insufficient. The 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. (g) A candidate may correct an insufficient nomination petition by filing a new nomination petition 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. Page 3 of 5 (C-11 The City of Kenai I www.kenai.city (h) Any candidate for office may correct[,] or 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[,] or 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. (i) Any candidate may withdrawal their statement of candidacy by filing a written notice of withdrawal with the clerk within seven calendar days of the close of the regular time for filing nomination petitions and sworn statement of candidacy. If the withdrawal is timely, the candidates' name will not appear on the ballot. The proposed amendments above would amend the City's candidate filing period to reflect the change in the election date while ensuring compliance with Kenai Peninsula Borough deadlines for election programing and ballot printing; and also includes provisions that allow for candidate withdrawals for seven days after the filing period has closed. Section 5. Amendment of Section 6.40.020 of Kenai Municipal Code: That Kenai Municipal Code, Chapter 6.40.020 Canvassing and Certification of Election Results, Canvass of Returns is hereby amended as follows: 6.40.020 Canvass of Returns. [(A) THE CANVASSING BOARD WILL MEET ON THE 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.] (a) The canvass board will meet in public sessions beginning on the second day following each election and continue to meet as needed through the date of certification for the following: 1. Adjudication of the validity of absentee, special needs and questioned ballot envelopes. No votes from the absentee, special needs or questioned ballots will be tallied until the seventh day followina each election. 2. Conduct polling location evaluations by reviewing all materials and documentation returned from each polling location to ensure the integrity, and accuracy of each polling location. Page 4 of 5 (C-11 The City of Kenai I www.kenai.city 3. Audit administrative and polling location accountability reports, reviewing the tallies of the recorded vote for mathematical errors and comparing totals with precinct results tapes; and, A. Obvious errors found by the canvass board in the transfer of totals between the Precinct accountability reports and results tape will be corrected by the canvass board; or, B. A mistake or discrepancy in the precinct returns that is not the result of a clear error in the transfer of results from the tallies to the precinct's results tape constitutes ground for the canvass board to conduct a recount of the results of the precinct or precincts for that portion of the returns in question. 4. On the seventh day following each election the canvass board in a public session will open and cast the absentee, special needs and questioned ballots of which the validity was verified. 5. Upon completion of the canvass, the canvass board will prepare a final certificate of results for absentee, personal needs and questioned ballots, and will prepare a written report of results to be submitted to the Council. 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 final meeting of the Canvassing Board for each election. The amendment above would delete a substantial portion of the existing code section and replace it with updated provisions. The following summarizes notable changes: • Provides more specific language on the role and purpose of the Canvass Board. Extends the Canvass Board meeting time from one day to up to five days, to accommodate the increased volume of voted ballot envelopes requiring adjudication when the City elections are conducted concurrently with Federal, State and Borough elections. Authorizes the Canvass Board to initiate a recount when warranted, rather than limiting its role to recommending one. This recommended change would expedite the recount process and allow for a timely certification of the election when a recount is necessary. Page 5 of 5 The City of Kenai I www.kenai.city