TO: Assembly President Tim Navarre

Members of the Assembly

FROM: Borough Clerk Linda Murphy

DATE: April 24, 2002

SUBJECT: Elections Ordinance

The Borough Election Code has not received a thorough review since its rewrite in 1994. Since that time, changes in state law and elections technology have mandated changes in the way we conduct our elections. This ordinance seeks to bring the borough code into compliance with both state law and currently accepted election practices. I have outlined and explained the proposed changes below:

Section 1. - Some time ago, the state changed the name of the required conflict of interest statement, and this section reflects that name change.

Section 2. This section removes the requirement that names be rotated on the election ballot to conform to current state law for state ballots.

Section 3. This section deletes the requirement that sample ballots be printed on "non-white" paper. At one time, all official ballots were printed on white paper and sample ballots were printed on colored paper so that there would be no confusion between the two. Now that we use various colors of card stock for printing official ballots, there is no reason to restrict sample ballots to non-white paper as long as the sample ballots are clearly marked to remove any possible confusion.

Section 4. Punchcard voting is no longer used in the state of Alaska and, after Florida's 2000 election, I seriously doubt if we will ever see a return to punchcard voting. This section removes that chapter of the election code setting forth the procedures for punchcard voting.

Section 5. Since most borough precincts use optical scan voting, there is no need for the appointment of counters. Seldovia is the only precinct currently hand counting ballots and that precinct is small enough that separate counters are not needed to count the ballots once the polls close. The practice of appointing separate counting teams to report to the polls after the polls had closed was common when all precincts, large and small, hand counted the ballots cast.

Section 6. In subsection A., I have included language which will allow the appointment of counters if the need should ever arise. In subsection B., I have eliminated references to punchcard voting and have indicated the procedures to be followed in computer (optical scan) precincts once the polls close.

Sections 7, 8 and 9. These sections eliminate references to punchcard voting.

Section 10. This amendment clarifies that any qualified voter may be named an absentee voting official and further clarifies that the clerk will specify the manner in which voted ballots and voting supplies will be returned to the borough following an election.

Section 11. This amendment eliminates the requirement that the clerk use the most expeditious mail service (which could include costly express mail service) and inserts language clarifying that absentee ballots will be mailed via first class mail.

Section 12. This amendment would allow voters to request a fax ballot up until the day before the election. It also clarifies that, if the request for a faxed ballot does not include a fax number, the ballot will be mailed to the voter's address only if the request is received at least seven days prior to the election. A ballot mailed later than that would likely not be received by the voter in time to be voted and returned as required by law.

Section 13. The state no longer has a category called "personal representative" voting. The provisions for "special needs voting" which took its place are set forth in the next section.

Section 14. The state requirements for "special needs voting" are currently being revised. This section seeks to allow special needs voting in borough elections following whatever procedures and rules the state has adopted for use in state elections. This will eliminate the need for a new ordinance and separate Department of Justice preclearance each time the state changes its special needs regulations.

Section 15. This is a housekeeping ordinance to insert the word "convenience" that appears to have been unintentionally omitted when Title 4 was rewritten in 1994.

Section 16. All other sections of the code regarding the witnessing of absentee by mail oath and affidavit envelopes require attestation by a person qualified to administer oaths or the signature of one person over the age of 18. This amendment brings Section 4.120.010 into compliance with other similar code sections.

Section 17. This amendment specifies that if there is a need for an absentee voting station in an area of the borough where there is no city clerk, or if the city clerk in a particular area is unable or unwilling to act as an absentee voting official during a by-mail election, the clerk is authorized to appoint any qualified voter to serve as an absentee voting official. In addition, references to voting by personal representative are changed to special needs voting, and a sentence is added to clarify that the borough clerk will specify the means of returning voted ballots and other election supplies to the borough.

Section 18. This amendment removes the requirement that petition packets contain no less than five nor more than ten signature pages and deletes the requirement that the signature pages be laid out in columns.

Section 19. This amendment deletes the requirement that the clerk accept signed petitions on a Saturday if the last day of the filing period ends on a Saturday. Rather, the petition sponsor would have until 9:00 a.m. on the first non-holiday weekday following the deadline if the last day falls on a Saturday, Sunday or holiday.

It is my hope that this ordinance can be enacted at the first meeting in June so that preclearance can be obtained prior to the October election.