Loading...
HomeMy WebLinkAboutORDINANCE 2108-2005l Suggested by: City Clerk CITY OF KENAI ORDINANCE N0.2108-2005 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PORTIONS OF KENAI MUNICIPAL CODE, TITLE 6 ENTITLED, "ELECTIONS." WHEREAS, the current Kenai Municipal Code (KMC) Title 6 includes some areas needing to be updated, including technological changes in voting and transmission devices now offer voters to choose different mechanisms in order to cast their vote; and, WHEREAS, the City of Kenai and the Kenai Peninsula Borough normally hold their regular elections on the same day each year and share the use and cost of voting equipment and election workers; and, WHEREAS, the Kenai Peninsula Borough, as well as the State of Alaska, have for a number of years offered voters the ability to vote by facsimile transmission, allowing for people traveling, attending out-of state schools, or housebound to have another means of casting their vote; and, WHEREAS, the application requesting an absentee ballot used by the City of Kenai and Kenai Peninsula Borough currently includes the ability to request a ballot by facsimile transmission as well as a mailing address to where the ballots maybe mailed; and, WHEREAS, updating KMC Title 6, with the inclusion of voting by facsimile transmission will simplify voting mechanisms for City of Kenai voters who are also Kenai Peninsula Borough voters; and, WHEREAS, the current communications budget for the City Clerk should absorb any additional facsimile transmission costs; and, WHEREAS, amending these portions of Title 6 at this time will allow for the required review of amendments to elections codes by the Department of Justice. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to Kenai Municipal Code, Title 6, entitled "Elections" be amended as follows: Se~tie~ 1 6.05.040 Precinct Board. j~ There shall be election boards for the precincts in the City composed of ,~ three (3) or more fudges appointed by the City Council. The fudges shall be qualified Ordinance No. 2108 Page 2 of 7 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 [CHAIR OF THE BOARD] City Clerk, as the election supervisor, may appoint not more than four (4) [COUNTERS OF BALLOTS] 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~dges of undue hardship if he 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. fc~ All election ,Edges 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 ma reappoint a replacement for that official. jd~ Candidates shall not serve as election officials. Certain familial relationships may not exist between a candidate and a precinct election ~ud~e, 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. ~ 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. Section 2 6.05.050 Compensation of election personnel. [ELECTION PERSONNEL SHALL BE PAID SUCH COMPENSATION AS THE COUNCIL MAY DETERMINE BY MOTION, RESOLUTION, OR ORDINANCE.] f ~ Th~~shall pay all necessar.~expenses relating to the conduct of each City election, including those of securitypolling 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. ,~ The City shall pay each election board,member and canvass board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices. The election supervisor shall set the hourly Ordinance No. 2108 Page 3 of 7 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~~ notice, renting_polling places, paying election officials, security ballot boxes, booths and other election nPrP~~itiPc Section 3 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. [, SHALL SUPERVISE CITY ELECTIONS.] Section 4 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 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 shall give the duplicate registration index and an adequate supply of official ballots, sample ballots, and all other necessary supplies and materials to the [CHAIR] chairs of the precinct election boards in adequate time before a City election. Section 5 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: Ordinance No. 2108 Page 4 of 7 (1) fihe City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk [AND THE] Chair of each precinct election board within the City, and up to five additional judges selected from among the qualified voters of the City. [PROVIDED THAT I]In the event any such [CHAIR] 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 [CHAIR] appointed member . (b) The Canvassing Board shall meet in public session on the Tuesday following ever City election, regular or special, at 10:00 a. m. and, if necessary, continue through the following day and shall promptly proceed to canvass the returns of said election, making decisions as to validity of questioned ballots, counting absentee ballots, and ascertaining and declaring the results of said election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the precinct's certificate of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the canvass board. A mistake l which has been made in precinct returns that is not clearly an error in the transfer of l 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 which 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 [ON OR BEFORE THE MONDAY FOLLOWING SAID ELECTION]] by Noon on the seventh 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. Section 6 [6.05.170 ABSENTEE VOTING; CANVASSING BALLOTS] [THE CITY CLERK SHALL DELIVER THE ABSENTEE BALLOTS CAST AND RETURNED AS PROVIDED HEREIN TO THE COUNCIL AT THE SAME TIME HE DELIVERS THE BALLOTS CAST AT THE POLLS. THE COUNCIL SHALL CANVASS THE SAID ABSENTEE BALLOTS AS NEARLY AS MAYBE IN THE SAME MANNER PRESCRIBED BY LAW FOR CANVASSING ABSENTEE BALLOTS CAST IN STATE ELECTIONS. ABSENTEE BALLOTS RECEIVED BY THE CITY CLERK BY MAIL AFTER Ordinance No. 2108 Page 5 of 7 HE HAS DELIVERED THE BALLOTS TO THE COUNCIL, AS PROVIDED HEREIN, SHALL NOT BE CANVASSED AND COUNTED.] Se~tien 7 6.05.220 Recount of votes; application. (a) Any defeated candidate or any ten 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 or more candidates, the Council shall recount the votes without an application therefore. (b) The person or persons applying for a recount shall deposit [FIFTY] one hundred dollars [050.00)] 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 1 candidates (when no deposit shall be required) . If on the recount a candidate I . ' other than the candidate who was first declared elected is declared elected, or if the result of the vote on a question is reversed, or if the vote on recount is determined to be four percent (4%) or more in excess of the vote reported after the first canvass for the candidate applying for the recount or in favor of the opposed to the question stated in the application, the deposit shall be refunded; otherwise, it shall be placed in the General Fund of the City. (c) The Council shall begin the recount within 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 lt. Section 8 6.05.335 Absentee votin --by facsimile transmission. Jaj, A qualified voter may apply for an absentee ballot to be sent by facsimile transmission. Such request must be made not less than the daY immediately preceding the election. Absentee ballots will be transmitted by facsimile to the location designated in the application. If no location is designated, and if the request is received no later than seven, days (7) prior to the election, the ballot will be mailed in the manner provided in KMC 6.05.140 for absentee ballots by mail. The Clerk will provide reasonable conditions for transmitting absentee ballots by facsimile. Ordinance No. 2108 Page 6 of 7 ~b,~ Afacsimile-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 votin inn person at the polling_places is acceptable. , ~ An absentee ballot that is completed and returned by the voter bv_ facsimile transmission must: 1. Contain the following statement: "I understand that by using facsimile transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secrete 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 United States citizen who is 18 years of age or older. ~, The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the Clerk. The ballot may not be counted unless it is received b, Noon on the seventh day after the election. ~ A voter who returns the absentee ballot b,, f~imile transmission must comply with the same deadlines as for votin in person on or before the closing hour of the olls. f~ When a completed absentee ballot is received by facsimile 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. ~,gJ, Afacsimile-transmitted ballot shall be counted in the same manner as other absentee ballots, even thou 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 facsimile 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 election official in the course of his or her duties, or an attorney advising the Clerk on legal questions concerning the ballot. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of July, 2005. l PAT PORT R, MAYOR 1 Ordinance No. 2108 Page 7 of 7 ATTEST: r Carol L. Freas, City Clerk Introduced: July 6, 2005 Adopted: July 20, .2005 Effective: August 20, 2005 l thedtyof/ KENAI. ALASIIA '~~'~~a e r~vitlr a Aast, Gi wit~r a Future" .9' ~' 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 /FAX: 907-283-3014 www.ci.kenai.ak.us MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City C1 rk DATE: July 1, 2005 RE: AMENDMENTS TO ELECTION CODE Ordinance No. 2108-2005 Attached is a listing vcrith an explanation of the proposed amendments to Title 6 included in Ordinance No. 2108-2005. If you have any questions or need further explanation, please contact me at 283-8231. Thank you. ORDINANCE N0.2108-2005 EXPLANATION OF AMENDMENTS Code Chan a Ex lanation Section 1: KMC 6.05.040, Additional election judges Due to increases of voters Precinct Board and codifying description of participating depending on who is not eligible to be questions included on appointed an election ballots, the amount of time judge. involved in assisting voters voting questioned ballots, etc., and offers codified direction as to duties and eli 'bilit . Section 2: KMC 6.05.050, Codifies hourly rates to be Codifies direction related to Compensation of election comparable to state compensation and personnel. election compensation and definition of election costs. defines what may be included in election costs. Section3: KMC 6.05.070, Adds better definition. Codifies better direction. City Clerk to supervise City elections. Section 4: KMC 6.05.080, Indicates use of tally Tally sheets may not City Clerk to prepare and sheets (when required) and always be required due to furnish ballots. identifies more than one use of technological chair and board. than es. Section 5: KMC 6.05.120, Allows for appointment of a) Due to a large increase Establishment of canvass board members to of absentee-in-person, Canvassing Board and be more than the number personal needs, absentee- procedures. of precincts; allows for by-mail voters, and more time for the questioned ballots voters, canvassing of ballots; and the requirement of the codifies responsibilities of Canvass Board to review the board; and, extends the and verify eligibility of period for receipt of voted each, the responsibility by-mail absentee ballots. requires more than three people (representing the chairs of three precincts) . b) Allows the Board to continue their work through the following day to complete their work. c) Codifies direction of the Board's responsibility. 1 d) Allows additional time for receipt of ballots (the Monday is often a federal holiday and therefore no mail delive Section 6: KMC 6.05.170 Removes 6.05.170. Canvassing of absentee ballots has been done by the Canvassing Board for many years. This section conflicts with KMC 6.05.120. Section 7: 6.05.220, Increases the recount Increase would better cover Recount of votes; deposit. some of the expense application. involved if a recount is re uested. Section 8: KMC 6.05.335, Adds a section to allow Currently voters may Absentee voting -- by voting by facsimile request ballots from the facsimile transmission. transmission. City and Borough on a "one-stop" application. The inclusion to the City code to voting by facsimile transmission will simplify the process for those requesting voting by facsimile, instead of receiving the Borough's ballot by facsimile and the Cit 's b mail.