Anderson 

Chapter 4.03

Election Procedures

Sections:

            4.03.010          Voting Booths

            4.03.020          Distribution of Ballots

            4.03.030          Distribution of Other Materials

            4.03.040          Voting, General Procedure

            4.03.050          Voting; Spoiled Ballots

            4.03.060          Voting; Questioned Ballots

            4.03.070          Assisting Voter by Judge

            4.03.080          Administration of Oaths

            4.03.090          Majority Decision of Election Board

            4.03.100          Tie Votes

            4.03.110          Hours of Opening and Closing of Polls

            4.03.120          Poll List

            4.03.130          Ballots:  Counting and Tallying

            4.03.140          Rules for Counting Ballots

            4.03.150          Report of Election Results

4.03.160          Posting Certificate of Preliminary Election

4.03.010   Voting Booths.   The election supervisor shall provide booths at each polling place, with enough supplies and materials to enable each voter to mark his/her ballot hidden from observation.  At least three sides of each booth shall be within plain view of the judges and clerks, voters, and other persons at the polling place.

4.03.020  Distribution of Ballots.

            A.  Before the polls open on election day, the election supervisor shall deliver the official and sample ballots prepared pursuant to Election Materials and Supplies, to an election judge at each polling place.  The ballots shall be delivered in separate sealed packages, with the number of ballots enclosed in each package clearly marked on the outside of the package.  A receipt for each package shall be signed for by the election board to whom the package is delivered and given to the election supervisor.  No ballots shall be taken from the polling place before the closing of the polls.

           B.  The election supervisor shall keep the following records:

                        1.  The number of ballots delivered to the polling place;

                        2.  The time the ballots were delivered to the polling place;

3.  The name of the persons to whom the ballots were delivered, and,

                        4.  The receipt given for the ballots by the election board.

            C.  When the ballots are returned, the election supervisor shall record the following:

                        1.  The number of ballots returned;

                        2.  The time the ballots are returned;

                        3.  The name of the person returning the ballots; and,

                        4.  The condition of the ballots.

A sample Ballot Statement that may be used is shown in the Appendix of Forms, 4-8.

4.03.030    Distribution of Other Election Materials.

            A.  Before the polls open on election day, the election supervisor shall furnish the election board judges at each polling place voting booths and ballot boxes with locks or sealing materials; and the following materials; the updated Master Voter Registration List; a Poll Register; envelopes bearing the Oath and Affidavit of Eligibility for questioned ballots; an envelope for the collection of spoiled ballots and an envelope for the collection of questioned ballots; copies of the Notice of Election; the Municipality's elections ordinances; a sufficient number of instruction sheets; and a sufficient supply of pens, pencils, and envelopes.  A sample Election Materials List that may be used is shown in the Appendix of Forms, 4-9.

            B.  The election supervisor shall supply the election board chairperson with tally sheets and forms for the Report of Preliminary Election Results.

4.03.040   Voting, General Procedure.

            A.  A voter shall give the judges or clerks his/her name, sign his/her name in the precinct register.  The signing of the register is a declaration by the voter that he is qualified to vote.  If the voter is not known to any judge or clerk present, the judge or clerk may require the voter to produce state voter registration card or other identification.  If, in the opinion of the judge or clerk, there is doubt as to whether the person is registered or qualified to vote, he/she shall immediately question the voter.

            B.  If the voter is not questioned, the judge or clerk shall give the voter a single ballot and note its number in the precinct register next to the voter's name.  The voter shall then retire alone to a voting booth.  There the voter without delay shall prepare his/her ballot by marking the boxes opposite the names of candidates of his/her choice, whether printed on the ballot or written by him/her on the blank lines provided for that purpose.  The voter also marks the boxes to indicate his/her vote for or against questions and propositions.  Before leaving the voting booth, the voter shall fold his/her ballot in a manner displaying the number on the ballot and deliver it to one of the judges or clerks, who shall, without unfolding the ballot or allowing any person to see how it is marked, remove the number stub and return the ballot to the voter if the ballot bears the same number as the ballot given to the voter by the judges and clerks.  The voter shall then himself/herself in the presence of the election judge deposit the ballot in the ballot box unless the voter requests the election judge to deposit the ballot on his/her behalf.  Separate ballot boxes may be used for separate ballots.

            C.  If a voter is questioned, the voter may cast a questioned ballot pursuant to Section 4.03.060.

4.03.050  Voting; Spoiled Ballots.

            If a voter improperly marks or otherwise damages a ballot, and discovers his/her mistake before the ballot is placed in the ballot box, he/she shall return it to an election official, concealing from view the manner in which it is marked, and request a new ballot.  The election official shall write the words "Spoiled Ballot" on the outside of the folded ballot, record its number, and place it in an envelope with other spoiled ballots for return to the election supervisor.  The judge or clerk shall then issue a new ballot to the voter.  A voter may request replacement of a spoiled ballot no more than three (3) times.

4.03.060  Voting; Questioned Ballots.

            A.  Every election judge and election clerk shall question, and any other person qualified to vote in the Municipality 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 a person's qualifications to vote shall be made in writing setting out the reason the person has been questioned.

            B.  If a voter's name is not on the Master Voter Registration List or a voter's eligibility to vote is questioned, or there is some other question regarding a voter's eligibility, and the voter believes that he/she is registered and eligible to vote, then the voter shall sign an envelope bearing the Oath and Affidavit of Eligibility attesting to the fact that in each particular, the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election.  After the questioned person has executed the Oath and Affidavit of Eligibility, the person shall cast a questioned ballot.  If the questioned person refuses to execute the Oath and Affidavit of Eligibility, the person shall not vote.

            C.  A voter who casts a questioned ballot shall vote his/her ballot in the same manner as prescribed for other voters.  After the election judge removes the numbered stub from the ballot, the voter shall insert the ballot into a small envelope and put the small envelope into a larger envelope on which the statement the voter previously signed is located.  These larger envelopes shall be sealed and deposited in the ballot box.  When the ballot box is opened, these envelopes shall be segregated, counted, compared to the voting list, sealed in the questioned ballots envelope and delivered to the election supervisor along with other election materials and the ballot statement when the election board completes the tally and count of the ballots.  The canvass committee at the first regular meeting following the election shall determine the merits of the questioned ballot.

4.03.070  Assisting Voter by Judge.

            A qualified voter who cannot read, mark the ballot, or sign his/her name, or who because of blindness or other physical disability, or who because of unfamiliarity with the system of voting needs assistance, may request an election judge, a person, or not more than two persons of his/her choice to assist him/her.  If the election judge is requested, he/she shall assist the voter.  If any other person is requested, the person shall state upon oath before the election judge that he/she shall not divulge the vote cast by the person whom he/she assists or change the voting wishes of the person he/she assists.

4.03.080  Administration of Oaths.

            Any election judge shall administer to a voter any oath that is necessary in the administration of the election.

4.03.090  Majority of Decision of Election Board. 

           The decision of the majority of judges determines the action that the election board shall take regarding any question which arises during the course of the election.

4.03.100  Tie Votes.  If two or more persons have the highest and an equal number of votes, the council shall give notice to these persons having the highest and equal number of votes to attend the council meeting held especially for this purpose. There shall be no run off.  In the event of a tie vote, and after a recount of the ballots that confirms the tie vote, the council shall in its first meeting after the election call in the candidates receiving the tied votes and have the candidates draw straws or flip a coin to determine the winner, and a certificate of election shall be issued to the person thus declared elected.  This provision exercises the discretionary statuary powers of the City of Anderson to prevent a run off election as would otherwise be required by AS 29.26.060.

4.03.110  Hours of Opening and Closing Polls. 

            A.  At all elections held under the provisions of this chapter the polls shall be opened at seven a.m. and closed at eight p.m.

            B.  Fifteen minutes before the closing of the polls, an election judge shall announce to all persons present the time remaining before the polls close.  A judge shall announce the time when the polls closed.  When the polls are closed no ballots shall be given out except to qualified voters present at the polls and waiting to vote when the polls are announced closed.

            C.  The normal voting place shall be the City Hall in Anderson and Rochester's Lodge.  If for some reason beyond the control of the council, the location is unusable, the council shall by resolution designate a different location.  Such location shall be included in all Notices of Election.

            4.03.120 Poll List.  The name of each elector whose ballot has been received shall be entered by one of the election judges on a poll list headed “Name of Voters,” numbering each name as it is taken down so that it may be seen at any time whether the voter's registration form and the poll list agree. 

4.03.130     Ballots; Counting and Tallying.

            A.        Immediately after the polls close and the last vote has been cast the election judges shall open the boxes containing the ballots and count the ballots.  Ballots shall not be counted before 8:00 p.m. on the day of the election.  The counting of the ballots shall be public.  The opening of the ballot box at the close of the polls shall be done in full view of any persons present.  The public shall not be excluded from the area in which the ballots are counted.  However, the chairman of the election board shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties, and no one other than appointed election officials shall handle the ballots.  The judges shall remove the ballots from the ballot box one by one, and tally the number of votes for each candidate and for or against each proposition or question.  The ballots shall be inspected for disqualifying marks or defects.  The election judges shall cause the vote tally to be continued without adjournment until the count is complete.

           B.        The election board shall account for all ballots by completing a ballot statement containing (1) the number of ballots received; (2) the number of ballots voted; (3) the number of ballots spoiled; and (4) the number of ballots unused.  The board shall count the number of questioned ballots and shall compare that number to the number of questioned voters in the register.  If any discrepancies in numbers of ballots received and ballots accounted for are found, the ballots shall be recounted until the election board finds that the number of ballots accounted for are the same as the number received or that there is an unexplained error.  If a discrepancy is determined to exist between the ballots received and those accounted for, it shall be explained in detail on the ballot statement and the explanation signed by the election judges.

          C.        The forms in the Appendix of Forms illustrate Tally Sheets and Ballot Statement forms that may be used, Forms 4-6 and 4-8.

           4.03.140   Rules for Counting Ballots.

            A.     The election board shall count ballots according to the following rules.

1.         A voter shall mark his/her ballot only by the use of cross‑marks, "X" marks, diagonal, horizontal or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly placed in the square opposite the name of the candidate the voter desires to designate.

2.         A failure to properly mark a ballot as to one or more candidates or propositions does not itself invalidate the entire ballot.

3.         If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.

4.         If a voter marks more names than there are persons to be elected to the office, the votes for candidates to that office shall not be counted.

5.         The mark specified in subsections "A" (1), of this section shall be counted only if it is mostly inside the square provided, or touching the square so as to indicate that the voter intended the particular square to be designated.

     6.         Improper marks on the ballot shall not be counted and shall not validate marks for candidates properly made.

7.         An erasure or correction invalidates only that section of the ballot in which it appears.

8.         Write-in votes are not invalidated by writing in the name of the candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence that the ballot was marked for the purpose of identifying the ballot.

9.         Write-in votes are not invalidated if the voter fails to mark the square provided if in the opinion of the judges the voter intended to vote for the person whose name was written in as a write-in vote.

10.     No ballot shall be rejected if the election board can determine the person for whom the voter intended to vote and the office intended to be chosen by the voter.

          B.     The rules set out in this section are mandatory and there shall be no exceptions to them.  A ballot shall not be counted unless marked in compliance with these rules.

          C.    The chairman of the election board shall write the word "Defective" on the back of each ballot which the election board determines should not be counted, in whole or in part, for any of the reasons (other than failure of the voter to mark any choice with respect to a particular office or proposition) stated in subsection "A" of this section.  If only a portion of the ballot is invalid, the valid votes shall be counted and the chairman shall specify on the back of the ballot exactly which portion or portions have not been counted.

          D.    If a particular objection is made to the counting of all or any part of a ballot, but the election board determines that the votes shown should be counted, the chairman of the election board shall write the words "Objected to" on the back of the ballot and specify the portion or portions of the ballot to which the objection applies.

          E.     All defective ballots and all ballots objected to shall be sealed in a single envelope marked "Defective Ballots", which shall be delivered to the election supervisor.

          4.03.150  Report of Election Results.

            A.        When the count of ballots is completed, the election board shall make a certificate in duplicate of the results using the Report of Preliminary Election Results form.  The report shall include the number of votes cast for each candidate, for and against each proposition, "yes" or "no" on each question, and any additional information the election board deems relevant or prescribed by the election supervisor.  All members of the election board shall immediately upon completion of the report sign both copies of the report.  The election board shall immediately upon completion of the certificate deliver to the election supervisor one of the two original certificates and the Master Voter Registration List, Affidavits of Eligibility, questioned ballots, defective ballots, spoiled ballots and other election documents in one sealed package, and in a separate sealed package, all ballots properly cast.  The chairman of the election board shall keep the duplicate of the Report of Preliminary Election in a safe place and present it to the election review committee following the election when the committee meets.

       B.        The election supervisor shall place all election materials received from the

election board in the office safe, or other lockable container until the canvass of election returns is held on the first regular meeting following the election.  The election board shall immediately upon completion of the certificate deliver to the election supervisor one of the two original certificates.

         C.        The chairman shall call the City Clerk immediately after the signing of the certificate, in the presence of the other election officials, and report the results of the election to the City Clerk.  The Clerk shall repeat each election result to the chairman.  In the event the items specified in "B" above are unavailable to the canvass committee, the affidavit of the Clerk as to the results telephoned in, and the affidavit of the chairman and other election officials present at the telephone conversation are presumptive evidence, absent fraud, as to the results.

         4.03.160.  Posting Certificate of Preliminary Election Results.  The Clerk shall post copies of the Certificate of Preliminary Election Results in at three public places one of which shall be the City Hall the day after the preliminary election results are known. The notice shall include:

    A.        The time and place of the council meeting to be convened to consider the election results;

    B.     That the results do not reflect the votes of absentee and questioned ballots and are not final until the council formally certifies the election; and,

    C.      That anyone has the opportunity to contest the election at the meeting.