CITY OF HOMER
City Clerk
HOMER, ALASKA
ORDINANCE 03-66
AN ORDINANCE OF THE CITY COUNCIL AMENDING PORTIONS OF HOMER CITY CODE TITLE
4, ELECTIONS; SUBSECTIONS 4.20.020(E) AND (I), QUESTIONED BALLOT PROCEDURE;
SECTION 4.25.040, TESTS AND SECURITY; SECTION 4.25.060 VOTING BALLOTS; SECTION
4.25.090, MANUAL COUNTING; SECTION 4.30.030, APPLICATION FOR BALLOT; SECTION
4.30.050, MATERIALS FOR ABSENTEE VOTING; SECTION 4.30.060, ISSUANCE OF BALLOT
BY MAIL OR IN PERSON; SECTION 4.30.070, CASTING ABSENTEE BALLOT; SUBSECTIONS
4.35.010(E) AND (F); AND REPEALING SECTION 4.25.050, DEMONSTRATION.
WHEREAS, Some housekeeping and clarifications amendments are needed; and
WHEREAS, Repealing Section 4.25.050, Demonstration, is recommended since this does not need to be codified and since voters are instructed how to mark their ballots at the polls and every Election Official may demonstrate how to properly mark a ballot.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. HCC Subsection 4.20.020(e) is hereby amended to read as
follows:
e. Each voter shall retire alone to a booth or private area to mark his ballot.
If a voter is blind or otherwise physically unable to mark his ballot alone, he
may request assistance and it may be permitted pursuant to AS 15.15.240. Immediately
after marking the ballot, the voter shall return it to the Election Judge,
having concealed the manner in which it is marked. The Election Official shall
remove the numbered tab in a manner that protects the secrecy of the ballot.
Immediately after marking the ballot, the voter shall place the
ballot in the secrecy sleeve to conceal the manner in which the ballot is
marked. In all cases the ballot shall be deposited in the ballot
box by the voter himself, in the presence of the Election Judge unless the
voter requests the Judge to deposit the ballot on his behalf. Separate ballot boxes may be used for separate
ballots.
Section 2. HCC Subsection 4.20.020(i) is hereby amended to read as
follows:
i. Questioned Ballot Procedure.
1. Every Election Official election Judge and Election Clerk shall
question, and every watcher and other person qualified to vote in the precinct
may question a person attempting to vote if the questioner has good reason to
suspect that the questioned person is not qualified to vote. All questions
regarding the person's qualifications to vote shall be made in writing, setting
forth the reason for the challenge. A questioned person, before voting, shall provide
the information required to vote a questioned ballot and shall subscribe
to an oath and affidavit provided by the Clerk on the Questioned
Voter Oath and Affidavit Envelop attesting to the fact that in
each particular case the person meets all the qualifications of a voter, that
he is not disqualified, and that he has not voted previously at the same
election. He shall also state the
place from which he cameimmediately before living in the precinct in which he
now offers to vote and the length of time of his residence in the former place.
After the questioned person has taken the oath and signed the
affidavit, the person may vote. If the questioned person refuses to provide
the information required to vote a questioned ballot or refuses to take
the oath or sign the affidavit, the person may not vote.
2. A questioned voter shall vote his ballot in the same manner as prescribed
for other voters. Except that the questioned voter shall insert his
ballot into the secrecy sleeve and then into the Oath and Affidavit Envelop for
Questioned Voters provided by the Clerk. After the Election Judge
removes the numbered tab from the ballot the questioned voter shall insert the
ballot into a small blank envelop or secrecy sleeve, seal it, and put the
envelop into a larger envelop in which the oath and affidavit previously signed
are contained. This envelop shall be sealed and deposited in the ballot box.
When the ballot box is opened these envelopes shall be segregated for delivery
to the Counting Center /Election Central along
with the registration books or logs, etc. (Ord.
99-13 §4, 1999; Ord. 95-1(S) (part), 1995; Ord. 82-6 §14, 1982).
Section 3. HCC Section 4.25.040, Tests and Security, is hereby amended
to read as follows:
4.25.040 Tests and security. The Election Supervisor shall
prescribe testing of the ballot counting system to be used and shall conduct
the test no later than one week prior to the election. The Clerk may use the
testing procedures used by the state. The ballot counting system, once prepared
for the Election, shall be kept secure at all times. When in the possession of
the Polling Place Chair/Judge it shall be kept secure. 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.
3. immediately after the final vote
tabulation is completed. (Ord. 99-13 §5, 1999; Ord. 95-1(S)(part),
1995).
Section 4. HCC Section 4.25.060 is hereby amended to read as follows:
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 that conceals how the ballot
is marked. displaying
the numbered stub. The voter shall deposit the ballot in the ballot
box. or feed it into
the Accuvote unit. (Ord. 00-15 §3, 2000; Ord. 95-1(S) (part), 1995;
Ord. 82-6 §14, 1982).
Section 5. HCC Section 4.25.090 is hereby amended to read as follows:
4.25.090 Manual counting. The election supervisor shall appoint one or
more counting teams to count write-in votes, if the number of
write-in votes for an office exceeds the smallest number of votes cast for a
candidate for that office whose name is printed on the ballot.
and non processable ballots,
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. 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. 00-15 §3, 2000; Ord. 99-13 §5,
1999; Ord. 95-1(S)(part), 1995).
Section 6. HCC Section 4.30.030 is hereby amended to
read as follows:
4.30.030 Application for Ballot.
1. By Mail. A qualified voter may apply for an absentee ballot by mail if postmarked not more than three months before an election or less than the Friday preceding the election. The application shall include the address to which the absentee ballot shall be sent and the applicant's full Alaska residence address and signature.
2. In Person. A qualified voter may apply for an absentee ballot in person by signing the absentee voter register on any day after the ballots are prepared and available, but not on election day.
3. 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 and that he will not be unable
to go to the polling place due to age,
or 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 of special needs voting and may
use the State procedures. (Ord. 00-15 §4, 2000; Ord. 95-1(S) (part), 1995; Ord.
84-17 §5, 1984; Ord. 82-6 §13, 1982).
Section 7. HCC Section 4.30.050 is hereby amended to read as follows:
4.30.050 Materials for Absentee Voting. There shall be a small blank
envelop or secrecy sleeve and a return envelop for by- mail absentee
voting or an Oath and Affidavit Envelop for in person absentee voting,
supplied to each absentee voter. On the return envelop, for absentee
by mail voting, there shall be an affidavit of voter
qualification, with provision for attesting by a witnessing officer, or one
witness, who shall be 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. 00-15 §6, 2000; Ord.
95-1(S) (part), 1995; Ord. 84-17 §5, 1984; Ord. 82-6 §13, 1982).
Section 8. HCC Section 4.30.060 is hereby amended to read as follows:
4.30.060 Issuance of Ballot by Mail or in Person. Before delivering any
ballot, the Clerk shall verify the applicant's right to vote and may require
the applicant to comply with the challenged ballot procedure. Upon issuing an
absentee ballot, the Clerk shall remove
the numbered stub and attach it to the application noting note
the date of delivery or mailing either on the in person
Oath and Affidavit Envelop or on the application for absentee ballot.
The Clerk shall have available for public inspection the names and addresses of
persons who voted absentee. (Ord. 95-1(S) (part), 1995; Ord. 84-17 §5, 1984;
Ord. 82-6 §13, 1982).
Section 9. HCC Section 4.30.070 is hereby amended to read as follows:
4.30.070 Casting Absentee Ballot. a. 1. Upon receipt of an absentee
ballot through special needs voting or
by mail, the voter whether in or outside the State, in the presence of two
attesting witnesses, both of whom are at least eighteen 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
envelop or a secrecy sleeve, to place the small envelop or secrecy sleeve in
the larger envelop and to sign the voter's certificate on the back of the
larger envelop in the presence of the above-listed officials or designated
persons who shall sign as attesting witnesses. The voter may then return the
envelop with the properly enclosed ballot by personal representative or
postmarked not later than the day of election, to the Clerk for delivery to the
Canvass Board.
b. Upon receipt of an absentee ballot through special needs voting the voter may proceed to mark the ballot in secret, to place the ballot in a small blank envelop or a secrecy sleeve, to place the small envelop or secrecy sleeve in the larger envelop and to sign the voter's certificate on the larger envelop in the presence of the personal representative, who shall sign as an attesting witness. The personal representative shall return the envelop with the properly enclosed ballot to the Clerk or to a City Polling Place by 8 p.m. on Election Day for delivery to the Canvass Board.
c. 2. Upon
receipt of an absentee ballot in person, the voter shall proceed to mark the
ballot in secret, to place the ballot in the small blank envelop or secrecy
sleeve, to place the small envelop or secrecy sleeve in the larger envelop and
to sign the voter's certificate on the back of the larger envelop in the
presence of the Clerk or a designated Election Official who shall sign as
attesting witness and retain it for delivery to the Canvass Board. (Ord. 00-15
§5, 2000; Ord. 95-1(S) (part), 1995; Ord. 84-17 §5, 1984; Ord. 82-6 §13, 1982).
Section 10. HCC Subsection 4.35.010(e) is hereby amended to read as
follows:
e. If a tie vote exists and only one of the candidates so tied may hold office
under the laws establishing the office voted for, the tie shall be broken by a
single coin-toss conducted by the City Council at a regular or special meeting.
The first candidate to have filed a nominating
petition candidacy declaration shall
call the coin during the toss. A tied candidate may designate a representative
to participate in the coin toss in his absence. The designation shall be made
in such a manner that the Clerk is assured of its authenticity.
Section 11. HCC Subsection 4.35.010(f) is hereby amended to read as
follows:
f. The candidate receiving the required forty percent and the plurality
of the total votes cast for his respective office or in the case of a tie
winning the coin toss provided at(e), shall be determined to have been elected
to that office. The Council shall certify the results of the election at the
next regular or special City Council meeting following completion of the
canvass by the Canvassing Board. (Ord. 95-1(S) (part), 1995; Ord. 90-42(A) §3,
1990; Ord. 82-6 §19, 1982).
Section 12. HCC Section 4.25.050 is hereby repealed in entirety.
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).
Section 13. This ordinance is a general ordinance of a permanent nature
and shall be included in the City Code.
Section 14. This ordinance is effective upon receipt of preclearance
from the US Department of Justice, Voting Rights Section.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ______ day of _________,
2003.
CITY OF HOMER
_____________________________
ATTEST: JACK CUSHING, MAYOR
MARY L CALHOUN, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date: DOJ, Voting Rights Section Preclearance Received:
Reviewed and Approved as to form and content:
__________________________ _________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: _______________ Date: _______________
Fiscal Note: NA
MLC/mlc