AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING HOMER CITY CODE TITLE 4, ELECTIONS.
WHEREAS, a review was conducted of the Election code and some minor amendments are necessary.
NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:
Section 1. Section 4.01.120(1), Destruction of election materials, is hereby amended to read as follows:
1. All ballots and tabs may be destroyed thirty days after the certification of the results of the election unless an application for a recount has been filed and the is recount is not completed, or the election has been contested and the results of the contests have not been certified.
Section 2. Section 4.20.010(a), Election board, is hereby amended to read as follows:
a. The City Clerk, subject to approval by the City Council, shall appoint at least three judges for each City precinct. The Clerk shall designate one judge as chairperson who shall be primarily responsible for administering the election in that precinct. When a City election corresponds with an election conducted by the Kenai Peninsula Borough and/or state election the City Clerk shall may appoint the same judges. de. (Ord. 95-1(S)(part), 1995).
Section 3. Chapter 4.25, Counting of Ballots, is hereby amended to read as follows:
4.25.010 Authorized. The election supervisor may provide for punchcard voting or scan type voting at one or more voting places for one or more questions or offices on the ballot. In the case of a special election or run-off or as needed to conduct an election the City Clerk may issue paper ballots, which shall contain the same information as all official ballots; however, each paper ballot shall contain the City Clerk's signature for authenticity, unless printed by a certified ballot printer. (Ord. 99-13, §5, 1999; Ord. 95-1(S)(part), 1995).
4.25.020 Boards and teams. a. The election supervisor may appoint boards and teams as necessary for the counting of ballots and or the processing of counted ballots. The election supervisor may use the same processes and procedures as set forth by the State Division of Elections. .
a. Receiving team:
1. The election supervisor shall appoint at least three members.
2. Is responsible for receiving the ballots from precinct delivery teams, logging information regarding the same in a receiving team log, inspecting the seal on the ballot container, completing a delivery receipt and copying the delivery team with the same, and delivering the ballots to the Control Board.
b. Control Board:
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1. The election supervisor shall appoint at least three members, the Receiving Team and Control Board may be the same members.
2. Is responsible for delivering the questioned and personal representative ballots to the Clerk; reviewing the ballots for damage, write-in votes, loose debris, or other irregularities; and delivering ballot containers to the data processing review board.
c. Hand Count Team:
1. The election supervisor shall appoint as many counting teams as needed, consisting of at least four members each.
2. Shall count non processable and write-in ballots with one member reading, one checking and two tallying/counting.
3. Shall also hand tally sample races as a test of accuracy of the computer ballots.
4. In Special Elections, wherein electronic ballot accounting equipment is not used or any time paper ballots are used, the Hand Count Team(s) are responsible for the full count of the ballots. After one team has counted a precinct another team will recount that same precinct to ensure accuracy, there shall be at least one recount for each precinct.
d. Data Processing Review Board:
1. The election supervisor shall appoint a data processing review board consisting of at least three members.
2. Is responsible for ensuring that all punchcard ballots are completely and accurately counted.
e. b. The election supervisor shall act as chairperson/coordinator for the Counting Center /Homer Election Central.
f. c. The election supervisor shall appoint chairpersons for the teams and boards as needed. g. d. The election supervisor shall administer the oath prescribed for election officials to the boards and teams.
h. e. Any qualified voter of the municipality may be appointed for the boards and teams. Except that if no qualified voter of the municipality is available and willing to serve, the election supervisor may appoint a qualified voter within the borough. If the election is combined with the borough and/or state any borough qualified voter may be appointed. (Ord. 95-1(S) (part), 1995; Ord. 90-42(A) §1, 1990; Ord. 82-6 §9, 1982).
4.25.030 Use of computers. The election supervisor shall designate the computers to be used in counting the ballots and may negotiate and contract with the state or a private computer service for the needed computer services. During the borough/municipal election the borough equipment may be used in coordination and agreement with the borough and during the state election the state equipment shall be used. The election supervisor is authorized to sign the appropriate equipment agreements. (Ord. 95-1(S)(part), 1995).
4.25.040 Tests and security. a. No later than one week before the election, the ballot tabulation system must be tested in the presence of, and to the satisfaction of, the data processing control board or the election supervisor depending on the ballot tabulation system being used and shall follow state procedures.
b. Other tests may be made to ensure that the system is functioning properly.
1. a twenty four hour test.
2. a one hour test.
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3. immediately after the final vote tabulation is completed. (Ord. 99-13 §5, 1999; Ord. 95-1(S)(part), 1995).
4.25.050 Demonstration. A demonstration of the voting ballot process shall be made available to each voter on request at the polling place before he begins voting, and each voter shall be informed that the demonstration is available. (Ord. 99-13 §5, 1999; Ord. 95-1(S)(part), 1995).
4.25.060 Voting ballots. The voter shall be given one ballot for candidates and/or proposition, and shall retire alone to a voting booth or other area provided. There, the voter without undue delay shall prepare his ballots by following the instructions provided at the polling place. Before leaving the voting booth or other area provided the voter shall place his ballot in a secrecy sleeve in a manner displaying the numbered stub. The voter shall deliver the ballot to one of the election officials, who shall tear the numbered stub off and hand the ballot back to the voter who shall deposit the ballot in the ballot box or feed it into the Accuvote unit. (Ord. 95-1(S) (part), 1995; Ord. 82-6 §14, 1982).
4.25.070 Delivery of ballots to the counting center /Homer election central. The delivery of ballots from the precinct polling place to the designated computer counting center /Homer election central shall be made by a delivery team consisting of at least two members of each precinct election board. The delivery team shall accompany the ballots from the precinct polling place to the receiving board at the counting center /Homer election central. (Ord. 95-1(S)(part, 1995).
4.25.080 Processing of ballots. The election supervisor shall issue rules prescribing the manner in which ballots shall be processed and counted to ensure accuracy, security and to expedite the process subject to the following procedures:
a. precinct delivery teams shall deliver ballots to the receiving board at the counting center /Homer election central pursuant to HCC § 4.25.070.
b. The receiving board shall issue a A receipt for ballots received will be issued, such receipt to be signed by the delivery team and receiving election official board.
c. The control board shall transport ballots from the receiving board to the counting area.
d. c. After the ballots are counted either electronically or manually the Clerk shall secure release sealed counted ballots envelopes to the Homer Police Department Officer for security for storage until the election is certified, or recount of any precinct is ordered. The counted ballots shall be disposed of in the time and method prescribed by Homer City Code. (Ord. 95-1(S) (part), 1995; Ord. 84-17 §§ 3,5, 1984; Ord. 82-6 §18, 1982).
4.25.090 Manual counting. The election supervisor shall appoint one or more counting teams to count write-in votes and non processable ballotSs, by mechanical means. If an equipment failure occurs and the election supervisor determines that the ballots are to be counted manually. The election supervisor shall appoint at least two counting teams who shall count the ballots. , the counting teams shall count the ballots. Manual counting shall be done in accordance with written rules issued by the election supervisor. Manual Counting shall be done in accordance with state guidelines and the Homer City Code. (Ord. 99-13 §5, 1999; Ord. 95-1(S)(part), 1995).
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4.25.100 Determination of tie votes. If the results of the electronic or manual count show two or more candidates tied in having the highest number of votes for the same office for which there
is to be elected only one candidate, the Election Supervisor and/or Data Processing Review Board shall immediately proceed with a recount of the votes for that office. The recount tallies shall be prepared and certified as provided for the first count. If a tie vote still exists the procedure outlined in §4.35.010(e) shall be followed. (Ord. 95-1(S) (part), 1995; Ord. 90-42(A) §3, 1990; Ord. 82-6 §19, 1982).
4.25.110 Other ballot counting systems authorized. Nothing in this title prohibits the use of other ballot counting systems which have been approved for use in state elections. The election supervisor, subject to any further approval as may be required by law, may prescribe rules for the use of these systems or may adopt such rules, regulations and procedures as have been adopted by the state in state elections. (Ord. 99-13 §5, 1999)
Section 4. Section 4.30.030(3) Personal Representative, is hereby amended to read as follows:
3. By Personal Representative. Special needs voting. A qualified voter may apply for an absentee ballot through a personal representative on the day of, or not more than fifteen days before the date of a regular election. The written application shall contain the statement that he is a qualified voter of the City and his full Alaska residence address. The written application must also be signed by the applicant and be accompanied by a letter from a licensed physician or and a statement signed by two that he will be unable to go to the polling place due to age, illness or disability and that he has not voted in any other manner in that election. The personal representative must sign the application and provide his residence and mailing addresses. The election supervisor is responsible for the procedures for special needs voting and may use the State procedures. qualified voters stating that the applicant will be unable to go to the polling place because of physical disability. (Ord. 95-1(S) (part), 1995; Ord.84-17 5, 1984; Ord. 82-6 13, 1982).
Section 5. That all references to Personal Representative in 4.01.050, 4.25.020, 4.30.070, 4.32.040 shall be amended to read special needs voting.
Section 6. Section 4.30.050, Materials for Absentee Voting, is hereby amended to read as follows:
There shall be a small blank envelop or secrecy sleeve and a return envelop supplied to each absentee voter. On the return envelop there shall be an affidavit of voter qualification, with provision for attesting by a witnessing officer, or one two witnesses, both of whom who shall be are at least eighteen years of age. The following notice shall appear on the return envelop: "NOTICE: Ballot Enclosed--To Be Opened by the Canvassing Board." (Ord. 95-1(S) (part), 1995; Ord. 84-17 §5, 1984; Ord. 82-6 §13, 1982).
Section 7. This ordinance is of a permanent and general character and shall be included in the Homer City Code.
Section 8. This ordinance is not effective until it has passed preclearance by the U.S. Justice Department, Voting Rights Section.
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ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this day of , 2000.
CITY OF HOMER
Jack Cushing, Mayor
ATTEST:
Mary L. Calhoun, CMC, City Clerk
AYES:
NOES:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form and content:
Ronald Wm. Drathman, City Manager Gordon J. Tans, City Attorney
Fiscal Note: NA