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HomeMy WebLinkAboutOrdinance No. 2556-2011the ez t KENAI. ALASKA CITY OF KENAI ORDINANCE NO. 2556 -2011 Suggested by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING PORTIONS OF KENAI MUNICIPAL CODE TITLE 6, ENTITLED "ELECTIONS," INCLUDING KMC 6.05.110, CONDUCTING AN ELECTION -- CANVASSING RETURNS; KMC 6.05.120, ESTABLISHMENT OF CANVASSING BOARD AND PROCEDURES; KMC 6.05.150, APPLICATION DEADLINE FOR APPLYING FOR ABSENTEE BALLOTS; KMC 6.05.170, ABSENTEE VOTING - -BY MAIL; KMC 6.04.200, VOTING DEVICES AND MACHINES; KMC 6.05.280, RECORD RETENTION; KMC 6.05.335, TO ALLOW FOR VOTING BY ELECTRONIC TRANSMISSION; AND, MAKING TECHNICAL CORRECTIONS. WHEREAS, the City is located in the Kenai Peninsula Borough and has historically cooperated with the Borough in the conduct of City of Kenai and Borough regular elections, which elections are held on the same date; and, WHEREAS, this cooperation has included., among other efforts, using a joint application form for a voter to request an absentee ballot and allowing a voter to file the application with either municipality by a single deadline; and, WHEREAS, in the October 2010 election, it was discovered the City's deadline for application for absentee voting no longer corresponded with the Kenai Peninsula Borough deadlines due to changes in the State of Alaska's deadline requirements that had been incorporated in City Code and used by the City of Kenai for many years; and, WHEREAS, amendments to KMC 6.05. 150 will establish a clear date by which a City of Kenai voter must submit their application for absentee voting and create a date that is consistent with the current Borough deadlines; and, WHEREAS, the City has observed that occasionally the Post Office fails to postmark absentee ballots cast by mail and amendments to KMC 6.05.120 and 6.05.170 will provide further direction about how to process those ballots; and, WHEREAS, amendments to KMC 6.05.280, Record Retention, are desirable to update language usage and to provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule; and, WHEREAS, the City currently limits the form of electronic voting to voting by facsimile; and, New Text Underlined [DELETED TEXT BRACKETED Ordinance No. 2556 -2011 Page 2 of 7 WHEREAS, by expanding the alternatives for voting by electronic transmission, including by electronic mail, the City will thereby offer a wider range of absentee voting options to voters in City of Kenai elections. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Section 6.05.110 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.110, Conducting an election -- Canvassing returns, is hereby amended as follows: 6.05.110 Conducting an election— Canvassing returns. Alaska Statutes, Chapters 15.15 through 15.20 and any amendments thereto, shall apply to the City elections insofar as they do not conflict with specific City ordinances. The precinct election boards shall deliver to the City Clerk one (1) copy of the certificate with the results of the vote in the precinct, the registers signed by persons voting, all ballots cas[Elt, all ballots improperly marked, damaged[,] or unlawfully exhibited, and all oaths, affirmations[,] and affidavits to the Council as provided by KMC 6.05.130. The Chair of each precinct election board shall retain possession of a duplicate copy of the results, which copy may be destroyed [WHEN] by each Chair twenty (20) days [HAVE ELAPSED] after the election unless the City Clerk or the City Council requests its delivery. Section 3. Amendment of Section 6.05.120 of the Kenai Municipal Code. The Kenai Municipal Code, Section 6.05.120, Establishment of Canvassing Board and procedures, is hereby amended as follows: 6.05.120 Establishment of Canvassing Board and procedures. (a) Pursuant to the provisions of Section 10 -9 of the Charter of the City of Kenai, there is hereby established a Canvassing Board for the canvassing of all City elections; regular and special, and to ascertain and declare the results thereof, as follows: (1) The City Clerk is hereby designated as the Chair of the Canvassing Board. (2) The Canvassing Board shall consist of the City Clerk, Chair of each precinct election board within the City, and up to five (5) additional judges selected from among the qualified voters of the City. In the event any such appointed member of the Board is absent from the City, ill, or otherwise unable to attend at the time set for canvassing the ballot, the City Clerk is hereby authorized to appoint another election judge from the same precinct to substitute for the appointed member (b) The Canvassing Board shall meet in public session on the Tuesday following every City election, regular or special, at 8:30 a.m. and, if necessary, continue through the following day and shall promptly proceed to canvass the returns of said election, making decisions as to validity of questioned ballots, counting absentee ballots, and ascertaining and declaring the results of said election. The canvass of the ballot vote counted by the precinct election boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the New Text Underlined- [DELETED TEXT BRACKETED] Ordinance No. 2556 -2011 Page 3 of 7 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] that has been made in precinct returns and that is not clearly an error in the transfer of the results from the tallies to the certificate of results, empowers the Canvassing Board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question. (c) In order to be counted, absentee ballots [WHICH] that are mailed must be mailed on or before the date of the election, and if the envelope containing the ballot is postmarked, the post mark date must be on or before the date of election, and said ballot must be received in the City of Kenai's mail by noon on the seventh (7th) day after the election. Ballot envelopes received by United States Postal Service without a postmark shall be counted, provided the ballot envelope meets all other requirements (signatures, registration, etc.) and the receipt by the City indicates the ballot was mailed on or before the date of the election and the ballot was received in the City of Kenai's mail by noon on the seventh (7th) day after the election. (d) The City Clerk, as Chair of the Canvassing Board, shall report the results of the election to the City Council as the first order of business following the roll call at the next regular Council meeting following the meeting of the Canvassing Board. Section 4. Amendment of Section 6.05.150 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.150, Absentee Voting -- Application, is hereby amended as follows: 6.05.150 Absentee voting — Application. Any qualified voter who is entitled to secure and cast an absentee ballot may apply to the City Clerk in person, by a personal representative, by mail, or by electronic transmission, for an absentee ballot. An application for an absentee ballot received by the City by mail or electronic transmission shall include the name of the applicant and both the [ADDRESS] location, i.e. electronic, facsimile, or mailing address to which the absentee ballot is to be returned and his or her full residential address in the City. The dates for making such applications for absentee ballots in City elections shall be [THE SAME AS THE DATES FOR MAKING SUCH APPLICATIONS FOR ABSENTEE BALLOTS IN STATE ELECTIONS] not less than seven (7) days prior to the election. The City Clerk shall follow the procedure prescribed by State law for election officials in determining whether an applicant is entitled to secure and cast an absentee ballot. Section 5. Amendment of Section 6.05.170 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.170, Absentee Voting - -By mail, is hereby amended as follows: 6.05.170 Absentee voting —By mail. (a) A qualified voter may apply for an absentee ballot by mail if the application is postmarked not earlier than the first of the year in which the election is to be held nor less than seven (7) days before an election. A voter may request his or her name be placed on permanent absentee by mail status. The application shall include the New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2556 -2011 Page 4 of 7 address to which the absentee ballot is to be returned, the applicant's full Alaska residence address, and the applicant's signature. (b) After receipt of an application by mail, the City Clerk shall send the absentee ballot and other absentee voting material to the applicant by first class mail. The materials shall be sent as soon as they are ready for distribution. The postage paid return envelope sent with the materials shall be addressed to the City Clerk. (c) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy envelope, to place the secrecy envelope in the postage paid envelope, and to sign the voter's certificate on the back of the postage -paid return envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date his or her signature. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall have the ballot witnessed by a person over the age of eighteen (18) years. (d) An absentee ballot must be marked and attested on or before the date of the election. If the voter returns the ballot by mail, he or she shall use a mail service at least equal to first class [THE MOST EXPEDITIOUS MAIL SERVICE) and mail the ballot not later than the day of the election to the City Clerk. The ballot envelope [IT] must be postmarked on or before midnight of election day and received by the City Clerk no later than noon on the seventh (7th) day after the election [THE TUESDAY 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 City Clerk may require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of his or her identity. (f) The City Clerk shall maintain a record of the name of each voter to whom an absentee ballot is sent by mail. The record must list the date on which the ballot is mailed and the date on which the ballot is received by the City Clerk and the dates on which the ballot was executed and postmarked. Section 6. Amendment of Section 6.05.280 of the Kenai Municipal Code: The Kenai Municipal Code, Section 6.05.280, Record Retention, is hereby amended as follows: 6.05.280 Record retention. (a) The certificate of returns of the Canvassing Board shall be maintained permanently, and descriptions of election boundaries, precincts, and polling places shall be maintained until they are revised. (b) Other election records shall be maintained for the period set forth below: [CONFLICT OF INTEREST) Financial Disclosure Form Six years Five years Candidate Affidavit of Expense and Contributions Election Registers Four years Nominating Petitions [FOUR] Three years New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2556 -2011 Page 5 of 7 Declaration of Candidacy [FOUR] Three years Rejected Ballots One year, unless election contested Certificates of Election Return Reports [ONE YEAR AFTER RECORDED IN MINUTES] Permanently (c) The City Clerk shall inform the City Council prior to destruction of any records, specifying the type of record and the date of the election [IN WHICH IT WAS INVOLVED] to which it relates. Section 7. Amendment of Section 6.05.335 of the Kenai Municipal Code: The Kenai Municipal Code, Section. 6.05.335, Absentee voting - -By facsimile transmission, is hereby amended as follows: 6.05.335 Absentee voting —By [FACSIMILE] electronic transmission. (a) A qualified voter may apply to the City Clerk for an absentee ballot to be sent to the voter by [FACSIMILE] electronic transmission. Such [REQUEST] application must be made by the voter not less than the day immediately preceding the election. Absentee ballots will be transmitted [BY FACSIMILE] electronically to the location (facsimile number, e -mail address, or similar designation) designated in the application. If no location is designated, and if the [REQUEST] application is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in KMC 6.05.140 for delivering absentee ballots by mail. The Clerk will provide reasonable conditions for transmitting absentee ballots [BY FACSIMILE] electronically. (b) The voter may return the ballot by mail or by electronic transmission. An [FACSIMILE] electronically- transmitted ballot shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable. (c) An absentee ballot that is completed and returned by the voter by [FACSIMILE] electronic transmission must: (1) Contain the following statement: "I understand that by using [FACSIMILE] electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible." Followed by the voter's signature and date of signature; and (2) Be accompanied by a statement executed under oath as to the voter's identity; the statement under oath must be witnessed by one (1) United States citizen who is eighteen (18) years of age or older. (d) The voter may return the ballot by mail. The ballot must be marked, attested, and returned in accordance with KMC 6.05.170(d) if the voter returns the ballot by mail. [THE VOTER SHALL MARK THE BALLOT ON OR BEFORE THE DATE OF THE New Text Underlined; [DELETED TEXT BRACKETED Ordinance No. 2556 -2011 Page 6 of 7 ELECTION AND SHALL USE A MAIL SERVICE AT LEAST EQUAL TO FIRST CLASS AND MAIL THE BALLOT NOT LATER THAN THE DAY OF THE ELECTION TO THE CLERK. THE BALLOT MAY NOT BE COUNTED UNLESS IT IS RECEIVED BY NOON ON THE SEVENTH (7TH) DAY AFTER THE ELECTION.] (e) If the voter returns the ballot [A VOTER WHO RETURNS THE ABSENTEE BALLOT] by [FACSIMILE] electronic transmission the voter must comply with the same deadlines as for voting in person on or before the closing hour of the polls. (f) When a completed absentee ballot is received by the City through [FACSIMILE] 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 seat that envelope; (4) Attach the voter identification portion to the outer envelope; and (5) Forward the outer sealed envelope to the Canvassing Board for review. (g) An [FACSIMILE] electronically- transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one (1) or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display an [FACSIMILE] electronic ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the City Clerk, a member of the Clerk's staff, an information technologies technician retained by the City, an election official in the course of his or her duties, or an attorney advising the Clerk on legal questions concerning the ballot. Section 8. Severability: 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 9. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption and upon approval of the United States Department of Justice (or notice of its non - objection). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 2011. PAT PORTER, MAYOR New Text Underlined- DELETED TEXT BRACKETEDI Ordinance No. 2556 -2011 Page 7 of 7 ATTEST: Corene Hall, Deputy City Clerk Introduced: May 18, 2011 Adopted: June 1, 2011 Effective: August 8, 2011 New Text Underlined; [DELETED TEXT BRACKETED] TO: FROM: Carol L. Freas, City erk DATE: May 12, 2011 \t e ci a(/ KENAI, Village with a Past, Giy with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 / FAX: (907) 283 -3014 www.ci.kenai.ak.us MEMO NDUM Mayor and Council Members RE: ORDINANCE NO. 2556 -2011 -- Amendments to Kenai Municipal Code Title 6, Elections. After the October 5, 2010 City of Kenai Election, a request was made for City Attorney Stearns and I to review the city's election code and suggest areas where amendments could be made. Info niation was forwarded to Council for review and discussion at its January 5, 2011 meeting and Council requested an ordinance be brought forward. Following the January 5, 2011 Council meeting, City Attorney Stearns and I developed Ordinance No. 2556 -2011 to provide amendments to Title 6, Elections. Key areas to be amended include: • KMC 6.05.150 Absentee voting -- Application (to establish a clear date by which a City of Kenai voter must submit their application for absentee voting and create a date that is consistent with the current borough deadlines). • KMC 6.05.280 Record retention (to update language usage and provide consistency between the retention requirement for Certificates of Election Return Reports and the City of Kenai Record Retention Schedule). • KMC 6.05.335 Absentee voting -- By electronic transmission (providing expansion of voting to allow voting by electronic transmission). In addition to the above list, there are also technical corrections to several areas which are specifically identified in the ordinance. If you have any questions with regard to Ordinance No. 2556 -2011, please contact me. clf