DOC ELECTION PROCEDURE ORDINANCE DRAFT 1 (00122443).DOC

THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code 4.01.050, Notice of election, is amended to read as follows:

4.01.050 Notice of election. a. The City Clerk shall publish a notice of voter registration in one or more newspapers of general circulation in the City not less than sixty days before each regular or special election. The notice shall include the qualifications required of voters, the deadline for registering to vote in the election, and places where voters may register.

b. The City Clerk shall post the notice of each regular and special election in three public places and publish it at least twice in one or more newspapers of general circulation in the City. The first such publication shall be accomplished at least twenty days prior to the election and the last notice is to be accomplished within the week prior to the election. ~~b. Each~~ The notice shall include:

1. The type of election, regular or special.

2. The date of the election.

3. The hours the polls will be open and the locations of the polling places.

4. The offices to which candidates are to be elected.

5. The subjects of propositions to be voted upon.

6. ~~Voter qualifications and instructions for registration including the final date for registration before this election.~~

7. Instructions for application for absentee voting: in person, by mail and by special needs voting.

~~8. A reference to polling places with a description of the voting precincts.~~

Section 2. Homer City Code 4.01.060, Precincts and polling places, is amended to read as follows:

4.01.060 Precincts and polling places. a. The precincts established by the Lt. Governor and set forth in the Alaska Administrative Code shall be the precincts for all City elections. The Clerk shall secure a polling place within each precinct, if possible, for all City elections.

b. On the day of the election, each election board shall open the polls for voting at seven a.m., shall close the polls for voting at eight p.m. and shall keep the polls continuously open during the time between those hours. The election board shall report to the polling place by at least six thirty a.m. so that voting will start promptly at seven a.m. The chairman of the election board shall rotate times at which election judges, board members and clerks may be relieved for breaks or meals; provided, however, that at all times at least two judges from the election board are present at the polling place.

c. No later than twenty days before each regular and special election, the Clerk shall publish in one or more newspapers of general circulation in the City the locations of the precinct polling places. Such publication shall be repeated within the week prior to the election. This publication is in addition to the notice of election. When precincts or polling places have changed since the last City, Borough or State election, this publication is required in addition to the notice of election.

Section 3. Homer City Code 4.30.030, Application for ballot, is 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 not earlier than the first day of the year in which the election is to be held ~~if postmarked not more than three months before an election~~ or later ~~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 able 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.

Section 4. This Ordinance is of a permanent and general character and shall be included in the City Code.

Section 5. This ordinance shall be effective upon the earlier to occur of the following: (i) the date on which the United States Department of Justice issues its non-objection under the Voting Rights Act of 1965 to the changes effected by this ordinance; and (ii) the date immediately following the last date on which the United States Department of Justice could object to the changes effected by this ordinance under the Voting Rights Act of 1965, provided that no objection to any such change has been issued before that date.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

________________________ ____________________________

Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: ___________________ Date: _______________________