KENAI PENINSULA BOROUGH CLERK'S OFFICE

Linda Murphy, MMC, Borough Clerk Sherry Biggs, Deputy Clerk

144 North Binkley Street

Soldotna, Alaska 99669

TO: Assembly President Bill Popp

Members of the Assembly

FROM: Borough Clerk Linda Murphy

DATE: July 6, 2000

SUBJECT: Ordinance 2000-30

Currently, the Borough Code contains conflicting language regarding the filling of a service area board seat when no candidates file for a particular seat prior to the election for that seat. Several of the chapters governing specific service areas state that, when no candidate files for a seat, the seat is declared vacant. These same chapters provide for the filling of board vacancies by a majority vote of the remaining board members. Presumably, it was the intent of these sections to dispense with an election when there are no candidates for a particular seat. The chapters governing the remaining service areas remain silent as to this issue.

As you are aware, we generally have one or more (sometimes several) service area board seats for which there are no candidates. Traditionally, these seats have appeared on the ballot with one write-in space and the seat has been filled by the write-in candidate receiving the most votes. In some instances, the winning candidate receives less than 10 votes, and occasionally, the winning candidate either does not qualify for the seat or is unwilling to serve on the service area board.

Ordinance 2000-30 has been drafted to clarify that there will be no election for those service area seats for which no candidate has filed. Rather, the seat will be filled for a one-year period by the remaining board members following certification of the election. The seat will then appear on the next regular election ballot either to fill an unexpired term or to fill a full term if no unexpired term remains.

You will note that shortened hearing has been requested. We will also be requesting the Department of Justice to grant expedited preclearance so that the provisions of this ordinance take effect prior to the October 3, 2000 regular election.