Anderson 

Chapter 4.05

REVIEW OF ELECTION RETURNS

Sections:

            4.05.010          Canvass Committee, Meeting, Postponing Canvass

            4.05.020          Canvass to be Public

            4.05.030          Procedure for Question Ballot Review

            4.05.040          Questioned Ballots; Subpoenas

            4.05.050          Absentee Ballots

            4.05.060          Counting Absentee and Questioned Ballots

            4.05.070          Defective Ballots

            4.05.080          Canvass Committee, Report Contents

            4.05.090          Certifying Results

            4.05.100          Contest of Election

            4.05.110          Certificate of Election

            4.05.120          Retention of Election Records

            4.05.130          Canvassing of Election Results

            4.05.140          Tie Votes

            4.05.010  Canvass Committee, Meeting, Postponing Canvass.  The canvass committee will meet on or before the first regular meeting of the city council after the election and canvass all absentee and challenged ballots executed in the election.    

           4.05.020.  Canvass to be Public.

          A.       The canvass of all absentee and challenged ballots will be made in public by opening the returned ballots, and announcing the results thereof in front of whomever may be present.

       B.       Absentee ballots shall be counted using the same procedure as 4.05.030.  Procedure for Questioned Ballot Review.

         C.       The canvass shall include a review and comparison of the tallies of the paper ballots with the precinct election certificates to correct any mathematical error in the count of paper ballots.

        D.       If the City Clerk finds an unexplained error in the tally of paper ballots in any precinct election tally, he/she may count the ballots from the precinct.  The City Clerk shall certify in writing to the state canvass board any changes resulting from the count.

          4.05.030    Procedure for Questioned Ballot Review.

        A.       The election supervisor shall contact the State Division of Elections and the local voter registrars prior to the first regular meeting following the election and determine if persons casting questioned ballots because of failure of their names to appear on the Master Voter Registration List were in fact registered to vote in state elections.  The election supervisor shall record the names of those questioned voters in fact registered to vote and shall submit their names as registered to vote when their questioned ballots are examined with other questioned ballots according to the procedures established herein.

         B.       The canvass committee shall examine each questioned ballot envelope and shall determine whether the person casting each questioned ballot was registered and eligible to vote.  In making this determination, the canvass committee may request the assistance of the Clerk, and shall hear the testimony of the voter who cast the questioned ballot and of any other municipal resident who has information useful to the canvass committee decision.  If the canvass committee determines that the voter was eligible to vote, the oath and affidavit envelope shall be opened and the ballot removed.  If the canvass committee upholds the challenge, the decision shall be noted in the minutes and the oath and affidavit envelope shall not be opened, but shall be saved with the other election materials.

           A questioned ballot may not be counted if:

                   1. The voter has failed to properly execute the certificate;

                    2. An official authorized by law to attest the certificate failed to execute the certificate;

                   3. The voter did not enclose the marked ballot inside the small envelope.

            C.  Any person present at the questioned ballot review may challenge the name of a questioned voter when read from the voter's certificate on the back of the large envelope if he has good reason to suspect that the questioned voter is not qualified to vote, is disqualified, or has voted at the same election.  The person making the challenge shall specify the basis of the challenge in writing.  The canvass committee by majority vote may refuse to accept and count the questioned ballot of a person properly challenged under grounds listed in (1) of this subsection.

           D.  If a questioned ballot is rejected, the election supervisor shall send a copy of the statement of the challenge to the questioned voter.  The election supervisor shall place all rejected questioned ballots in a separate envelope with statements of challenge.  The envelope shall be labeled "rejected questioned ballots" and shall be placed in the office safe or lockable container.

           E.  If a questioned ballot is not rejected, the large envelope shall be opened and the small envelope containing the questioned ballot shall be placed in a ballot box and mixed with other small envelopes containing questioned ballots.  The questioned ballots shall then one by one be removed from the ballot box, taken out of the ballot envelopes and counted in the same manner in which ballots cast at the polls are counted.

           4.05.040   Questioned Ballots; Subpoenas.  The canvass committee may order testimony of witnesses and issue subpoenas while investigating questioned ballots.  The subpoenas may be enforced by the court upon certification as provided by the state code of civil procedure concerning the enforcement of administrative and state agency subpoenas.

          4.05.050      Absentee Ballots.

        A.       The canvass committee shall examine each absentee ballot return envelope.  Upon the committee's satisfaction that:

                     1.      The voter is registered to vote;

                     2.      A resident of the City;

                     3.      Did so certify and cast his/her ballot before a person authorized by law to administer oaths, while person did so sign and seal; and,

                     4.      The ballot was cast before the close of the polls in the City; the return envelope shall be opened and the blank envelope containing the absentee ballot shall be placed in a ballot box and mixed with other small envelopes containing the previously reviewed questioned ballots.

           B.       If the canvass committee determines that a voter voting absentee was not in fact a qualified voter, or did not follow absentee voting procedures, the canvass committee by majority vote may refuse to accept and count the absentee ballot.  The return envelope shall not be opened but rather the reasons for rejection shall be noted on the envelope.  The election supervisor shall place all such rejected absentee ballots in an envelope marked "rejected absentee ballots" to be saved with other election materials.  The election supervisor shall notify the voter in writing why his absentee ballot was rejected.

           4.05.060  Counting Absentee and Questioned Ballots.  The questioned ballots and absentee ballots shall then one by one be removed from the ballot box taken out of the ballot envelopes and counted by the canvass committee in the same manner in which ballots cast at the polls are counted.

          4.05.070     Defective Ballots.  Canvass committee members shall examine the defective ballots to see whether the ballot should be counted and, if so, whether they can determine for whom the voter intended to vote.

          4.05.080     Canvass Committee‑Report‑Contents.   The canvass committee will submit a report of its findings on or before the first regular city council meeting following the election.  The report will show:

1.        The number of ballots cast in the election;

2.        The names of the person voted for and the proposition voted upon;

3.        The offices voted for;

4.        The number of votes cast for each candidate and the number of votes cast for or against each proposition voted on at the election;

5.         A proposed disposition of all challenged, absentee, write‑in, and voided ballots; and,

6.         Other matters which the canvass committee may determine to be necessary.

        4.05.090  Certifying Results.  If no contest of election is begun after all absentee, defective and questioned ballots are counted or rejected the council shall:

         A.     Certify a report that shows:

1.      The total number of ballots cast in the election;

2.     The names of the persons voted for (including write‑ins) and the  propositions voted upon;

3.      The offices voted for;

4.      The number of votes cast for each candidate and the number of votes cast for or against each proposition voted on at the election;

5.      The disposition of all absentee, questioned, and defective ballots; and,

6.      Any other matters which the assembly deems necessary to preserve a complete record of the election.

          B.     Record the results of the election in the minutes of the meeting;

          C.    Authorize the results to be certified;

          D.    Publicly declare the results of the election. 

          4.05.100  Contest of Election.  If a contest of election is declared and resolved, the procedures of Chapter 04.06 shall be followed at a special meeting held on or before the first Monday after resolution of the contest.

         4.05.110.  Certificate of Election.

       A.       Upon authorization of certification of the election results by the council the Clerk shall prepare two Certificates of Election for each office, proposition, or question considered.  The certificates shall be signed by the Mayor and attested by the Clerk.  One original of each Certificate of Election shall be given the successful candidate or the sponsor of the successful question or proposition named thereon, and the other original of each certificate shall be kept by the Clerk.

          B.       The forms appearing in the Appendix of Forms illustrate the Certificate of Election, 4-12.

           4.05.120  Retention of Election Records.  The Clerk shall preserve all election certificates, tallies and registers for four years after the election.  All ballots and stubs may be destroyed 30 days after the certification of the election unless an appeal of the election has been filed in the Superior Court in Fairbanks, in which case the ballots and stubs may be destroyed 30 days after conclusion of the appeal unless stayed by an order of the court.

         4.05.130  Canvassing of Election Results.  At the first regular meeting of the city council after the election, the returns thereof shall be canvassed by the city council and a written statement of such canvass shall be made and signed by the council president and attested by the city clerk; such written statement shall contain the whole number of votes cast at such election, the number given for any person for any office and the names of the persons elected by the highest number of votes and to what office; provided, 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.  In the event of a tie vote, reference 4.05.140.  That candidate receiving the greatest cast for his or her respective office shall be the winner.  There shall be no run off.  This provisions 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           

         4.05.140     Tie Votes:  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.  After such canvass and the filing of such statement the city clerk shall, within five days thereafter, make and sign a certificate of election for each person declared thereby elected, and shall deliver the same to him.  A certificate of election is prima facie evidence of the facts therein contain.