Ordinance 16-01(A)(S) Amending HCC 2 Terms of Office and HCC 4 Election Procedures

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 16-01(A)(S)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE 2.08.030, COMPOSITION OF GOVERNING BODY – TERMS OF OFFICE, HOMER CITY CODE 4.10.010, DECLARATION OF CANDIDACY, HOMER CITY CODE 4.35.010, REVIEW OF ELECTION DOCUMENTS BY CANVASS BOARD, AND HOMER CITY CODE 4.40.010, RUNOFF ELECTION – REQUIRED; AND ENACTING HOMER CITY CODE 4.35.020, VOTES REQUIRED TO BE ELECTED, HOMER CITY CODE 4.35.030, TIE VOTE, AND HOMER CITY CODE 4.35.040, CERTIFICATION OF ELECTION; REGARDING THE PROCEDURE FOR ELECTING THE MAYOR AND COUNCIL MEMBERS.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 2.08.030, Composition of governing body – Terms of office, is amended to read as follows:

2.08.030 Composition of governing body – Terms of office.

a. The governing body of the City of Homer shall consist of six Council members, two of whom are elected at large each year for three-year terms and until a successor qualifies.

b. The Mayor shall be elected for a two-year term and until a successor qualifies.

c. A person so elected to office under this chapter shall take office at the first regular council meeting following the election, immediately after the final certification of that election, except that when HCC 4.40.010(c)(3) applies, the person shall take office at the first regular council meeting following the runoff election, immediately after the certification of that election.

Section 2. Homer City Code 4.10.010, Declaration of candidacy, is amended to read as follows:

4.10.010 Declaration of candidacy.

a. Time. A person declares candidacy for an elective city office by filing a declaration of candidacy with the City Clerk on or after August 1st and not later than 12:00 p.m. on August 15th; provided that if August 15th is a Saturday or Sunday, a declaration of candidacy may be filed no later than 12:00 p.m. on the following Monday.

b. Filing.  A declaration of candidacy may be filed with the City Clerk by electronic transmission; provided that the original signed and notarized declaration is delivered to the City Clerk no later than the close of the filing period. If the City Clerk has not received the original signed and notarized declaration before the close of the filing period, the candidate's name shall not appear on the ballot.

c. Notice. At least one week preceding the candidate filing period, the City Clerk shall publish a notice announcing that candidacy declarations are available, naming offices and the terms that are open on the next regular election day. The notice shall include:

1. Candidate qualifications.

2. Time for filing declarations.

3. Where to file declarations.

d. Declaration. The City Clerk shall provide a form for declaration purposes which will include candidate’s name, residence address, mailing address and telephone number; a statement of City residence, voter qualifications and the name of the office and the date of the election to which he declares himself a candidate; the term of office; and a statement of acceptance of the office if elected and an acknowledgment of compliance with the State of Alaska Campaign Disclosure Law. The declaration will be signed and dated by the candidate and sealed by a notary. The candidate’s name shall be printed as specified on the declaration for candidacy (see ballot form in HCC 4.15.010 for prohibitions).

Section 3.  Homer City Code 4.35.010, Review of election documents by Canvass Board, is amended to read as follows:

4.35.010 Review of election documents by Canvass Board.

a. The Clerk shall, subject to confirmation of the City Council, appoint a Canvass Board of as many members as required to accomplish the canvass in reasonable time. All members of the election Canvass Board, before entering upon their duties, must subscribe to the oath required of all public officers by the Constitution of the State of Alaska in the manner prescribed by the Clerk. The Canvass Board will review the preliminary certificates of election and all official documents of the precinct election boards and the counting center boards.

b. Not later than the Monday following each election, the Canvass Board shall meet in public session and canvass all election returns. The Canvass Board may be recessed from day to day, but not more than three such recesses. In full view of those present, the election Canvass Board shall judge the applicability of absentee and questioned ballots, shall open and tally those accepted, and shall compile the total votes cast in the election. The canvass of ballots counted by the counting center shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error by comparing totals with the counting center logs and certificates of results. All obvious errors found by the election canvass in the transfer of totals from the precinct tally sheets to the precinct certificate of results shall be corrected by the Canvass Board. A mistake which has been made in precinct returns from the tallies to the certificate of results empowers the Canvass Board to recommend a recount of the results of the precinct or precincts for that portion of the returns in question.

c. To be counted in the election, an absentee ballot by mail must be postmarked by midnight of election day and received by the Clerk before the canvass. Envelopes of absentee ballots by mail received after that time shall not be opened, but shall be marked “invalid” with the date and hour of receipt noted thereon, and shall be retained with other ballots of the election. An absentee ballot that is returned by electronic transmission must be received by the Clerk not later than 8:00 p.m. on election day in order to be counted. When the Clerk receives a completed absentee ballot by electronic transmission, the Clerk will remove the ballot portion of the transmission from the portion that identifies the voter; place the ballot portion in a secrecy sleeve and seal the secrecy sleeve; place the sealed secrecy sleeve in an envelope of the type used for absentee ballots returned by mail and seal that envelope; attach the voter identification portion to the outer envelope; and forward the sealed outer envelope to the Canvass Board.

d. Questioned and absentee ballots shall be counted as follows: No questioned or absentee ballot by mail shall be counted if the voter has failed to properly execute the certificate, if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature, or if the voter fails to enclose his marked ballot inside the small envelope or secrecy sleeve provided. No absentee ballot by electronic transmission shall be counted if the voter has failed to properly execute the certificate, or if the witness or the officer or other person authorized by law to administer the oath fails to affix his signature. The Clerk or a member of the election Canvass Board may challenge the name of an absentee voter if he has good reason to suspect that the voter is not qualified to vote, is disqualified, or has already voted at the same election. The person making the questioned ballot shall specify the basis of the challenge for the record. The Canvass Board, by majority vote, may refuse to accept the challenge and count the ballot of a person properly challenged. If the ballot is refused, the Clerk shall notify the challenged voter by letter within four weeks of the canvass. All rejected ballots shall be enclosed in a separate envelope and shall be labeled “rejected ballots” retained with other materials of the election. If the ballot is not rejected, the large envelope shall be opened, the small inner envelope or secrecy sleeve shall be placed in a container and mixed with other blank absentee ballot envelopes, or in the case of counting questioned ballots, with other blank questioned-ballot envelopes, the mixed small blank envelopes or secrecy sleeves shall be drawn from the container, opened, and the ballots counted according to the rules of determining properly marked ballots.

Section 4.  Homer City Code 4.35.020, Votes required to be elected, is enacted to read as follows:

4.35.020 Votes required to be elected. The number of candidates for an office equal to the number of vacancies to be filled who receive the highest number of votes for the office shall be elected, provided that

a. To be elected to the office of mayor a candidate must receive more than the plurality of the votes cast for mayor determined by subsection c of this section, and

b. To be elected to the council, a candidate must receive more than the plurality determined by subsection c of this section of the total votes cast for all candidates for council divided by the number of seats to be filled.

c. The plurality of the vote that is required for a candidate to be elected shall be based on the number of qualified candidates who filed declarations of candidacy that remain in effect on the date of the election as follows:

Number of candidates                                            Percentage of vote

Less than five                                                              40%

Five or more                                                                35%

Section 5.  Homer City Code 4.35.030, Tie vote, is enacted to read as follows:

4.35.030 Tie vote. If two candidates tie in receiving the highest number of votes for an office to which only one candidate may be elected, the person to be elected shall be determined by a single coin toss conducted by the City Council at a regular or special meeting. The first candidate to have filed a candidacy declaration shall call the coin during the toss. A tied candidate may designate a representative to participate in the coin toss in the candidate’s absence. The designation shall be made in such a manner that the Clerk is assured of its authenticity.

Section 6.  Homer City Code 4.35.040, Certification of election, is enacted to read as follows:

4.35.040 Certification of election. The Council shall certify the results of the election at the next regular Council meeting following completion of the canvass by the Canvass Board.

Section 7.  Homer City Code 4.40.010, Runoff election – Required, is amended to read as follows:

4.40.010 Runoff election – Required.

a. A runoff election shall be held to fill an office that is not filled under HCC 4.35.020 or HCC 4.35.030 at the initial election for the office. 

b. The two candidates for the office that received the highest number of votes without being elected at the initial election shall be the candidates for an office that is to be filled by a runoff election. 

c. If a runoff election for council is required, any candidate who was elected to the council at the regular election shall:

1. Retain the same seat if reelected;

2. If there is one council member whose term is expiring and who was not a candidate for reelection, succeed that council member; or

3. If neither 1 nor 2 applies, take office after certification of the runoff election.

Section 8.  This Ordinance is of a permanent and general character and shall be included in the City Code. 

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 25th day of January, 2016.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Thomas F. Klinkner, City Attorney

Date: _________________________                                              Date: _________________________