Ordinance 17-28 Amending Absentee Voting by Mail Witness Requirements

CITY OF HOMER
HOMER, ALASKA

City Clerk

ORDINANCE 17-28

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA AMENDING HCC 4.30.070(A) TO INCLUDE A COMMISSIONED OFFICER IN THE ARMED FORCES AS AN ATTESTING OFFICIAL AND CHANGE THE REQUIREMENT FOR TWO ATTESTING WITNESSES WHO ARE AT LEAST 18 YEARS OF AGE TO ONE ATTESTING WITNESS WHO IS AT LEAST 18 OF AGE WHEN CASTING AN ABSENTEE BY MAIL BALLOT.

WHEREAS, HCC 4.30.070(a) currently requires two attesting witnesses who are at least 18 years of age to cast an absentee ballot by mail; and

WHEREAS, Requiring two witnesses who are at least 18 years old to attest to an absentee ballot cast by mail is inconsistent with HCC 4.30.070(d) which requires only one such witness to attest to a ballot cast by electronic transmission; and

WHEREAS, This change is consistent with Alaska Statutes 15.20.081(d) which states:

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, registration official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date the signature. If none of the officials listed in this subsection is reasonably accessible, an absentee voter shall sign the voter's certificate in the presence of an individual who is 18 years of age or older, who shall sign as a witness and attest to the date on which the voter signed the certificate in the individual's presence, and, in addition, the voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that the statements in the voter's certification are true.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

                Section 1.  Section 4.30.070(a) is amended to read as follows:

a. Upon receipt of an absentee ballot by mail, the voter may proceed to mark the ballot in secret, place the marked ballot in the secrecy sleeve, then place the secrecy sleeve in the return envelope provided, and sign the voter's certificate on the back of the return envelope in the presence ofwhether in or outside the State, in the presence of two attesting witness, both of whom are at least 18 years of age or before an election judge, notary public, commissioned District Judge or Magistrate, United States Postmaster, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the small blank envelope or a secrecy sleeve, to place the small envelope or secrecy sleeve in the larger envelope and to sign the voter’s certificate on the back of the larger envelope in the presence of the above-listed officials or designated persons who shall sign as attesting witness. a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, election official or other person qualified to administer oaths, who shall sign as a witness and attest to the date signed. If none of the officials listed in this subsection are reasonably accessible, an absentee voter shall sign the voter’s certificate on the back of the return envelope in the presence of a United States citizen who is 18 years of age or older, who shall sign as a witness and attest to the date signed. The voter may then return the envelope with the properly enclosed ballot, postmarked not later than the day of election, to the Clerk for delivery to the Canvass Board.

                Section 2. This ordnance shall take effect upon its adoption.

                Section3. This ordinance is of a permanent and general character and shall be included in the City Code.

                ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this                   day of                 , 2017.

CITY OF HOMER

___________________________________

BRYAN ZAK, MAYOR

ATTEST:

________________________________________

MELISSA JACOBSEN, MMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Reading:
Second Reading:
Effective Date:

Reviewed and approved as to form:

______________________________                                                _____________________________

Mary K. Koester, City Manager                                              Holly Wells, City Attorney

Date: _________________________                                                Date: