CITY OF HOMER

City Clerk

HOMER, ALASKA

ORDINANCE 01-52

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA AMENDING HOMER CITY CODE SECTION 4.15.010, BALLOTS FORM.

WHEREAS, the number on ballot stubs is necessary, however, the number on the ballot is not necessary and the color of the ballot is no longer essential and need not be mandatory; and

WHEREAS, changing the format of the ballot regarding numbering and color does not in any way restrict anyone's right to vote, therefore, preclearance is not required; and

WHEREAS, some obsolete and arbitrary wording exists that should be deleted.

NOW, THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

Section 1. Chapter 4.15.010, Ballots--Form, is hereby amended to read as follows:

4.15.010 Ballots--Form. a. Ballots shall be prepared in the manner prescribed for State elections, insofar as such requirements are applicable to nonpartisan elections.

b. City of Homer Official ballots shall be white and may have with a narrow trim of green or, in the case of a hand count election or as determined by the City Clerk green tinted paper may be used. The ballots shall be numbered in series, the number being placed in an area set off by perforations, known as the ballot stub, for ease of removal.. At the top of the ballot shall be printed the words: "Official Ballot of the City of Homer, Alaska," the date of the election, and whether it is a regular or special election.

c. All candidates for the same office shall be shown on one ballot. The title of each office to be filled shall be followed by the printed names of all candidates for that office and the provision shall be made for write-ins equal in number to the positions to be filled, except there shall be no provision made for write-ins on a runoff election ballot. The names of candidates shall be printed as they appear upon the candidacy declaration forms except that any honorary or assumed title or prefix shall be omitted, but may include in the candidate's name any nickname or familiar form of a proper name of the candidate. The words "Vote for not more than ______" with the appropriate number replacing the blank, shall be placed before the lists of candidates for each office. Ballots shall be numbered consecutively and candidate names shall be listed in the order that candidacy declarations are filed.

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Ordinance 01-52

City of Homer

d. Following the offices and candidates, there shall be placed on the ballot or on separate ballots as the Clerk may determine, all propositions or questions to be voted on. The words "YES" and "NO" shall be placed below the statement of each proposition or question. The Clerk shall determine the number of ballots to be used to present all offices, propositions and questions to

the qualified voter.

e. The clerk shall have printed and available at each polling place on election day and in the

Clerk's office preceding the election, the sample ballots on tinted paper, not green tinted, for each election. Instructions to voters may be printed on the back of the sample ballot.

f. If the Election Board receives an insufficient number of official ballots, it shall provide and the voters may use a substitute ballot. The Election Board shall certify the facts which prevented the

use of the official ballots and materials and shall include the certificate in the election returns. (Ord. 99-13 3, 1999; Ord. 95-1(S) (part), 1995; Ord. 82-6 10, 1982).

Section 2. This ordinance is of a permanent and general character and shall be included in the Homer City Code.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this day of , 2001.

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:

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Ordinance 01-52

City of Homer

Reviewed and approved as to form and content:

Ronald Wm. Drathman, City Manager Gordon J. Tans, City Attorney

Fiscal Note: NA