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Chapter 4.01 Municipal Elections

Chapter 4.01

 

MUNICIPAL ELECTIONS

 

Sections:

 

            4.01.010          Voter Qualification

            4.01.020          Residence Criteria

            4.01.030          Qualifications of candidate for office

            4.01.040          Regular City Elections

            4.01.050          Special City Elections

            4.01.060          Notice to File for Election

            4.01.070          Place of Holding Election

            4.01.080          Election Procedures

            4.01.090          Candidates - Declaration of Candidacy

            4.01.100          Publishing Names of Candidates

            4.01.110          Withdrawal of Candidates

            4.01.120          Notice of Death or Withdrawal

            4.01.130          Election Board

 

            4.01.010  Voter  Qualification.  A person may vote only if he is qualified to vote in state elections and has been a resident of the city for thirty days immediately preceding the election and who is registered to vote in state elections and is not disqualified under Article V of the State Constitution.  

 

            4.01.020  Residence Criteria.  When determining residence for the purpose of qualifying voters, the following criteria will apply:

             A)  No person may be considered to have gained residence solely by the reason of his/her presence nor may he/she lose it solely by reason of his/her absence while in the civil or military service of the state or of the United States; or of his/her absence because of marriage to a person engaged in the civil or military service of the state or the United States; while a student at an institution of learning; while confined in public prison; while engaged in the navigation of waters of the state, of the United States, or of high seas; while residing upon an Indian, Native Alaskan, or military reservation; or while residing in the Alaska Pioneers' Home.

            B)  The residence of a person is that place in which his/her habitation is fixed, and to which, whenever her/she is absent, he/she had the intention to return.  If a person resides in one place, but does business in another, the former is his/her place of residence.  Temporary construction camps do not constitute a dwelling.

            C)  A change in residence is made only by the act of moving joined with the intent to remain in another place.  There can only be one residence.

            D)  A person does not lose his/her residence if he/she leaves his/her home and goes to another country, state, or place in Alaska for temporary purposes only and with the intent of returning.

            E)  A person does not gain residency by coming to the municipality without the present intention to establish his permanent dwelling in the municipality.

            F)  A person loses his residence in the municipality if he/she votes in an election of another municipality or state, either in person or by absentee ballot, and will not be eligible to vote in this municipality's election until he/she qualifies under this section.

            G)  The term of residence is computed by including the day of which the person's residence begins and excluding the day of the election.

            H)  The address of a voter as it appears on his/her official state voter registration card is presumptive evidence of the person's voting residence.  If the person has changed his/her voting residence, this presumption is negated only by the voter executing as affidavit on a form prepared by the supervisor of elections setting out his/her new voting residence.

 

            4.01.030 Qualification of Candidate for Office.  To be eligible to file a Declaration of Candidacy for election to a city office, a person shall be an elector of the city and shall have been a resident of the city for a period of not less than one year preceding the date of the election.  The candidate must not be disqualified under Article V of the Constitution of the State of Alaska.  A city council member who ceases to be a resident of the city immediately forfeits his or her office. 

 

             4.01.040  Regular City Elections. 

            A.  A regular city election shall be held on the first Tuesday after the first Monday in November or any other date to coincide with the state election.  The date of holding regular city elections may not be changed by the council at any time less than one year prior to the date of the first regular city election affected.

           B.  Election notices shall be prepared and posted in three public places by the city clerk for twenty days preceding the date of the regular election or special election, and shall contain the following, as is appropriate:

            1.  Whether the election is regular or special;

            2.  Date of the election

            3.  Location of the municipal polling places;

            4.  Time the polling places will open and close;

            5.  Offices to be filled;

            6.  A statement describing voter qualifications;

            7.  A list of candidates; and

            8.  A statement of any questions or propositions to be placed on the ballot.

           C.  A vote on the question of whether or not intoxicating liquor should be sold in the city may be taken only once a year and is to be taken at the same time as the regular city election. 

(Ord. 10-01)

            4.01.050  Special City Elections. 

            A.  If a petition by voters for an initiative, referendum, or recall election is certified sufficient by the city clerk and submitted to the city council, the city council shall resolve that a special election be held on the question within 75 days, but not sooner than 45 days following submission of the petition to the council.

           B.  If a special election is required by an act of the city council, the city council shall resolve that a special election on the question proposed by the city council's ordinance or resolution be held within 75 days, but not sooner than 45 days following the council's action.

           C.  If the regular election held each year occurs within seventy-five (75) days but not sooner than 45 days of the date of submission to the city council of a petition by voters for an initiative, referendum, or recall election; or if the regular election occurs within seventy-five (75) days but not sooner than 45 days of council action which requires an election, then no special election may be scheduled and the question or proposition shall be placed on the regular election ballot.

           D.  Notice of a special election must be posted in at least three (3) public places.

 

           4.01.060   Notice To File For Election. 

           A.  Notice to File for Election shall be prepared and posted in three public places by the city clerk for thirty days preceding the date of the regular election, and shall contain the following:

            1.  Date of regular election;

2.  Offices to be filled;

            3.  Time for filing declarations of candidacy and nominating petitions.

          B.  A sample election notice that may be used is shown in the Appendix of Forms, 4-1.

 

          4.01.070  Place of Holding Election.  All municipal and special elections shall be held at the place designated by the city council in the notice of election. 

 

         4.01.080  Election Procedure.  All elections of the city officers shall be nonpartisan. The council shall provide for:

A.   The filing of candidates for elective city offices;

B.    The printing and custody of ballots;

C.    The conduct of city elections;

D.   The counting and canvassing of ballots cast;

E.    The procedure for recounting of ballots cast in the event a recount is demanded;

F.     The declaration of results of elections;

G.   All other matter necessary for the holding of city elections 

           

          4.01.090  Candidates—Declaration of candidacy.  All candidates for election to office of the city council shall file a declaration of candidacy at least twenty-one days prior to the municipal election to which such candidate seeks to be elected.  No more than one municipal office may be filed for by any one candidate. 

 

Declaration of Candidacy form is included in the Appendix of Forms, 4-2.

 

 

            4.01.100  Publishing Names of Candidates.  The city clerk shall cause to be posted in at least three public places in the city, at least fourteen days prior to the day of the election, the name of all candidates who have declared their candidacy as provided in this title.  A sample Notices of Offices to be Filled that may be used is shown in the Appendix of Forms, 4-3.

 

            4.01.110  Withdrawal of Candidates.  Any candidate who has complied with the provisions of this chapter may at any time prior to the last day to file candidacy cause his name to be withdrawn by a writing to that effect, signed and acknowledged by him before the city clerk and by filing the same with the city clerk.

 

            4.01.120  Notice of Death or withdrawal.  If any candidate for office is provided in this chapter dies or withdraws before the day of election and the fact of his death becomes known to the satisfaction of the city clerk, the city clerk shall forthwith give notice by posting a certificate of that fact in a conspicuous place in the place of election. 

 

            4.01.130    Election Board.  It shall be in the duty of the city council, at a regular meeting prior to the holding of any general or special election, to appoint from the qualified electors of the city and/or the Denali Borough, three judges of election, one of whom shall be designated as chairman; and two alternates. The chairman so designated shall, in addition to his/her general duties as judge of election, have the power to administer all oaths that may be required in the progress of the election and perform the duties of chairman as prescribed in this chapter.  In case one or more of the judges of election is unable to act, then the judges who are present and acting shall notify one or both of the alternates appointed by the city council.  No candidate for election or current council member may serve as a member of the election board.  (Ord. 05-01)

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