The municipal clerk is authorized to fashion rules and procedures for the conduct of the election so long as they are not in conflict with this chapter. Such rules may include, but are not limited to, procedures followed by the election judges at the polling places and procedures for the counting of ballots. The clerk shall prepare a manual for the conduct of election judges and a manual of procedures for counting of ballots. Any person aggrieved by such procedures may appeal to the assembly. The assembly shall retain the right to change such rules and procedures by motion.
(S.G.C. 2.40.240; Ord. 83-557 § 4, 1983)
A. 
Election supervisor. The municipal clerk shall be the election supervisor. The election supervisor shall conduct the election and have authority to take such actions as are necessary to carry out the intent of this chapter.
B. 
Judges. Prior to each election, the election supervisor shall appoint three judges for each polling place and at least three judges for the receiving board and data processing board. Up to three alternate judges may be designated for each polling place or board. One judge shall be designated chairman and shall be primarily responsible for administering the election in that precinct. If a judge is not able or refuses to serve on election day, an alternate shall serve in their place. Should additional need arise, the election supervisor may appoint a replacement. The assembly reserves the right to reject or disapprove election judges.
C. 
Clerks. The election supervisor may appoint up to three election clerks and up to three alternate clerks at any polling place where they are needed to conduct an orderly election and to relieve the election judges. Alternates may be appointed to the receiving and data processing boards.
D. 
Qualifications. Each election official serving at a precinct polling place must be a qualified voter and where practicable should reside within the precinct for which appointed. The election supervisor may appoint one or more students age 16 or older as additional election officials if they substantially meet the requirements to serve in the Youth Vote Ambassador Program under AS 15.10.108. Any person so appointed shall be supervised by the election supervisor or the precinct chairperson.
E. 
Oath. The election officials shall take or subscribe to the following oath:
I “State your name” will honestly, faithfully, and promptly perform the duties of election board member according to law; and I will make every effort to prevent the violation of any provision of law in conducting the election.
F. 
Training session. All election judges and clerks and alternates must attend a training session unless excused therefrom by the election supervisor. Any appointed official who fails to attend a training session without being excused will be subject to dismissal by the election supervisor, who shall notify the municipal administrator of the dismissal. The election supervisor is authorized to make an appointment to fill the vacancy caused by such dismissal from the alternate judges or clerks.
G. 
Compensation. Judges and clerks of election shall be paid such compensation for their services as is approved by the assembly.
H. 
No candidate for that election may serve as an election official.
I. 
Certain familial relationships should not exist between candidates and election officials in any municipal election. Those familial relationships are:
1. 
Mother, mother-in-law, stepmother;
2. 
Father, father-in-law, stepfather;
3. 
Sister, sister-in-law, stepsister;
4. 
Brother, brother-in-law, stepbrother;
5. 
Spouse; or
6. 
Person sharing the same living quarters.
If the election supervisor knows or learns that any of these relationships exist, the election official shall be notified and replaced.
(S.G.C. 2.40.250; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 14-34 § 4, 2014; Ord. 22-06 § 4, 2022)
A. 
General elections. A general election to elect officials and vote on propositions submitted by the assembly shall be held on the first Tuesday in October of each year.
B. 
Special elections. Special elections may be called and held at any time by resolution or ordinance specifying the purpose for which the same will be held.
C. 
Hours. The polls shall be open in each precinct for the purposes of voting from 7:00 a.m. to 8:00 p.m. local time of each election day.
(S.G.C. 2.40.260; Ord. 83-557 § 4, 1983; Ord. 03-1713 § 4, 2003)
The municipal clerk, subject to any directions from the assembly, shall give at least 60 days’ notice of each general election and special election by posting notice thereof at a conspicuous place in the municipal building and by publishing the notice for three consecutive weeks in a newspaper of general circulation within the municipality. Notices may be posted in one public place in each precinct of the municipality. The first notice shall state the offices to be filled, the purpose of the election, whether a general or special election, the time of the election and the polling place for each precinct. The second notice shall include all of the first notice requirements, plus the ballot title of each measure to be voted upon.
(S.G.C. 2.40.270; Ord. 83-557 § 4, 1983; Ord. 04-38, 2004)
The assembly shall initially designate by motion the polling places by number and location. The municipality shall use the precincts and their boundaries as designated by the state. If the designated polling place becomes unavailable, the municipal clerk may designate an alternate polling place. Such polling place designations shall be deemed continuing until changed by the assembly.
(S.G.C. 2.40.280; Ord. 83-557 § 4, 1983)
A. 
The municipal clerk shall cause to be erected in the polling places a sufficient number of booths in which the voter may prepare their ballot screened from observation, and shall provide such supplies and conveniences as will enable the voter to vote their ballot.
B. 
The municipal clerk shall prepare and furnish:
Sample ballots
Official ballots (keeping strict record of the numbers of the ballots issued)
Registration books
State voter registration lists
Oaths for election board
Questioned ballot materials
Tally sheets if needed
Instructions to voters
Pens, pencils, forms, miscellaneous supplies as required by law
Rubber stamp marked “REJECTED” if needed
American flag
“VOTE HERE” sign
Suitable and sufficient numbers of ballot boxes with seals.
(S.G.C. 2.40.290; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 15-15 § 4, 2015)
A. 
Instructions to voters shall be printed under the direction of the municipal clerk on cardboard or heavy paper, and one copy of such instructions shall be posted on the front entrance at each polling place, in each room where polling booths are located and in each of the voting booths provided for the election.
B. 
The printed instructions to voters shall include at least the following information:
1. 
When entering a polling place, give your name and your residence address to the judges of the election.
2. 
If your name is found on the registration list and your vote is not questioned, sign the registration book and one of the judges or a member of the election board will hand you a ballot. If your name is not on the registration list, you can vote by the questioned ballot method.
3. 
If your vote is questioned, you will not receive a ballot until you have established your right to vote by completing and subscribing to an affidavit of your qualifications.
4. 
When you have received your ballot, retire at once, alone, into one of the voting booths and prepare your ballot for the ballot box by marking it.
5. 
At the top of a ballot you will find instructions for the marking of the ballot, and below the instructions you will find the names of all candidates for the respective offices to be voted upon under the proper heading of the respective offices to be filled. Do not vote your ballot in any way except as directed below and do not make any erasures.
6. 
To vote for a candidate, fill in the oval next to the name on the ballot. In order to vote for a write-in candidate, write in the candidate’s name in the space provided, and, in addition, mark the oval next to the written-in name.
7. 
Do not vote for more candidates to any office than are to be elected to such office. If you do so, that portion of your ballot will be rejected.
8. 
Before leaving the booth, place your ballot in the secrecy sleeve provided to conceal marks you made on it.
9. 
After leaving the booth, insert the ballot into the optical scan voting system.
10. 
You will not be allowed to occupy a voting booth with another voter. You will not be allowed to occupy a booth for more than four minutes if others are waiting to vote.
11. 
You will not be allowed to take a ballot from the polling place except a sample ballot marked as such.
12. 
You will not be allowed to vote any ballot except the one you have received from the judge. If you spoil a ballot in preparing it, you must return it to the judge and ask for another in place of it, but in no case shall a voter be entitled to receive more than three ballots. Do not vote a torn or mutilated ballot.
13. 
If you are unable to mark your ballot for any reason which does not at the same time render you ineligible to vote, then, upon request, you will be assisted by an election official and this official will mark the ballot in the booth for you as directed by you. Intoxication will not be regarded as a physical disability and if intoxicated no assistance will be given in marking any ballot.
(S.G.C. 2.40.300; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 15-15 § 4, 2015)
Before issuing any ballots, the election official must, in the presence of at least one other election official, open and exhibit the ballot box to be used at the polling place. The ballot box then shall be closed and locked and shall not be opened again or removed from the polling place until the pools have been closed. Ballot boxes shall be within plain view of the election officials and voters.
(S.G.C. 2.40.310; Ord. 83-557 § 4, 1983; Ord. 14-34 § 4, 2014)
A. 
Determination of eligibility. The voters shall give the election officials their names and addresses and identification if requested. If it is determined that they are qualified voters of that precinct, they shall then place their signatures on the appropriate line in the registration book provided by the election supervisor. If any election official present believes the voter is not qualified the official shall immediately question the voter.
Registration is prima facie evidence of the voter’s qualification. However, it shall be the duty of election officials to challenge any voter who they believe is not qualified. Any election judge may question any person of doubtful qualification attempting to vote and may require identification of the voter. Any voter may be challenged by any qualified voter of the municipality; however, a person who frivolously, maliciously or in bad faith challenges a voter is guilty of a misdemeanor. A challenged voter may vote a questioned ballot if they execute the required affidavit.
B. 
Registration book. A registration book shall be used. The voter signs the book and supplies all necessary information. The information shall be checked by the judges against the registration list of voters. The voter should fill out a voter registration form indicating any change of address.
C. 
Issuance of ballot. If the voter is not questioned, or if they have complied with the questioned ballot procedure, the election official will issue to them the ballots to which they are entitled.
D. 
Marking of ballot.
1. 
Each voter shall retire alone to a booth or private area to vote their ballot. If a voter is blind or otherwise physically unable to mark their ballot alone, they may request assistance and it will be provided by an election official. Intoxication will not be regarded as a physical disability and if intoxicated no assistance will be given.
2. 
Voters with special needs that do not require assistance will be routed to a special ADA apparatus and special booth that will allow voters to hear the contents of the ballot and make selections on their own. Once the voter has made all selections, the voter’s ballot will be printed out on a printer. This will enable the voter to vote and cast his or her ballot unassisted.
E. 
Deposit of ballot in box. Immediately after voting the ballot, the voter shall take the voted ballot to the ballot scanning system and insert the ballot into the top of the ballot box.
F. 
Damaged ballots. If a voter improperly marks or otherwise damages a ballot, they shall return it to the election official, concealing the manner in which it is voted, and shall request a new ballot. The voter shall destroy the damaged ballot, and the election official shall issue a new ballot to the voter and record the stub number of the newly issued ballot. A voter may request replacement of a damaged ballot no more than three times.
G. 
Improperly marked ballots. If the voter marks more names than there are persons to be elected to an office, that race shall not be counted. If a voter marks more than one choice on a ballot issue, that issue shall not be counted. A failure to properly mark a ballot in a candidate race or issue shall not invalidate the entire ballot. If the voter mismarks a ballot in this fashion, the voter will be advised that they can receive a replacement ballot, spoiling the mismarked one.
H. 
Closing of polls. Fifteen minutes before the closing of the polls the time remaining before such closure shall be proclaimed. When the polls are closed for the purposes of voting, that fact shall likewise be proclaimed and thereafter no ballot shall be issued except to those voters who were present and waiting their turn to go through the voting procedure at the time prescribed for closing the polls.
(S.G.C. 2.40.315; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 14-34 § 4, 2014)
A registered poll watcher may observe election setup, general conduct throughout election day, and after polls close. A poll watcher has no duties in conducting an election and may not interfere with the orderly conduct of elections. One poll watcher may be registered for any candidate for elective office or advocate for or against a ballot proposition per precinct. The poll watcher must register with the municipal clerk prior to election day and agree to rules established by the municipal clerk. Poll watchers may not closely observe signatures on precinct registers, but may sit close enough to hear an election official say the voter’s name. Poll watchers may check polling booths after each voter leaves to ensure that no campaign material has been left behind. The poll watcher may utilize the municipal clerk’s complaint form to report problems.
(S.G.C. 2.40.316; Ord. 14-34 § 4, 2014)
A. 
If a voter’s name does not appear on the official registration list in the precinct in which they seek to vote, they shall be allowed to vote a questioned ballot.
B. 
A person whose right to vote has been questioned will be issued a ballot if they first complete and subscribe, under oath administered by an election judge, an affidavit of their qualifications, give other information requested to determine their eligibility to vote, sign the questioned ballot register giving their street address, mailing address, and voter registration number if known. They may then vote a questioned ballot.
C. 
Voters who cast a questioned ballot shall vote their ballots in the same manner as prescribed for other voters. The voter shall insert the ballot into an unmarked envelope or sleeve and put this into the larger envelope on which the affidavit was completed. These larger envelopes shall be sealed and deposited in the ballot box. The election supervisor shall provide forms and materials for this procedure.
D. 
When the ballot box is opened, these envelopes shall be segregated, counted, and compared to the questioned ballot register to determine the signatures equal the number of questioned ballot envelopes. The questioned ballots are delivered to the municipal clerk unopened. The merits of the questioned ballot shall be determined by the municipal clerk. Rejected questioned ballots shall not be opened. The clerk shall notify the voters of rejected questioned ballots of the reason for rejection so that the voter might repair the infirmity before the next election.
(S.G.C. 2.40.317; Ord. 83-557 § 4, 1983)
The numbers of ballots not issued shall be recorded, and all unused, unmarked ballots will be destroyed according to the election law. After recording the ballot stub numbers of the unvoted ballots, election workers will return the stubs of used ballots to the municipal clerk with other election materials. The numbers of ballots damaged by voters and replaced pursuant to SGC § 2.80.315(F) shall also be recorded. The record of unused and damaged ballots shall be delivered to the election supervisor with other election materials.
(S.G.C. 2.40.320; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 14-34 § 4, 2014)
A. 
When the polls close, the election judges shall open the ballot boxes and segregate the questioned ballots. The number of regular and questioned ballots cast shall be checked with the registration lists to insure that the number of ballots cast agrees with the number of signatures in each registration book. Any discrepancy which cannot be resolved will be reduced to writing for delivery to the election supervisor. Upon direction of the election supervisor, the ballots may be further sorted, verified and fully or partially counted at the polling place or may be removed to a central counting area.
B. 
For purposes of counting, a ballot box may be removed from the room in which the election has been held. The ballots shall be transferred accompanied by at least two election officials. During transportation, the ballot boxes containing the ballots shall be locked and registration books secured. When the polls are closed and the ballot boxes are in the room where the counting is to take place, the judges shall open the ballot boxes and the counting of ballots shall commence. The opening of the ballot boxes and the counting of the ballots shall in all cases be in public.
C. 
Though the public may not be excluded from the general area in which ballots are counted, at the discretion of a majority of the judges, the public may be kept behind a guardrail or other natural barrier to prevent interference with the election officials. If the public is kept behind such a barrier, each candidate or their designated agent and one person known to represent each side of any issue on the ballot shall be allowed to closely view the ballots as counted, but may not interfere with the mechanics of counting ballots. The election officials shall not permit anyone present to interfere in any way or to distract the appointed officials from their duties.
D. 
The ballots, after having been counted and checked as herein provided, shall be taken out carefully, by the judges of election, who shall open them and read aloud the name of each person voted for and/or Yes or No on issues; provided, that no more ballots be drawn from the box than shall tally exactly with the registration list. Questioned ballots shall be handled as prescribed in SGC § 2.80.317.
E. 
1. 
The judges shall write down each office to be filled and the name of each person to be voted for such office, and they shall keep the number of votes by tallies as they are read aloud. The counting of votes shall be continued without interruption or adjournment until all are counted.
2. 
The municipal clerk shall issue instructions and shall provide forms and supplies for the tally of votes cast so as to assure accuracy and expedite the process. No person handling ballots may have a marking device in hand other than a rubber stamp of rejection. If a ballot has a section containing a vote erasure, or a marked out vote, or a multiple vote on a single issue, or if a voter has voted for more candidates than stated on the ballot, or the mark is not within the box provided, then so much of the ballot as displays such defects shall be stamped as rejected. Remaining portions of such a ballot which are not defective shall be counted.
(S.G.C. 2.40.330; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 14-34 § 4, 2014)
A. 
When the polls close, the election judges shall open the ballot box and remove the questioned ballots and place with questioned ballot register. The number of regular and questioned ballots cast shall be checked against the registration lists to insure that the numbers of ballots agree. Any discrepancy which cannot be resolved will be reduced to writing for delivery to the election supervisor.
B. 
The procedure of the election officials when the ballot boxes are opened until the ballots are transported to a counting room shall be open to public view and attendance.
C. 
The ballots shall be separated into three groups: regular ballots, questioned ballots, and write-in ballots.
The regular ballots shall be placed in the voted ballot envelope and ballot transfer case for transportation to the election supervisor. Unlock the front compartment of the ballot box to show that all three compartments are empty.
The ballots containing the write-in votes shall be segregated and placed behind the regular ballots. The write-in votes may be counted at the polling place if authorized by the municipal clerk. The questioned ballots shall not be opened but counted, stacked, banded together, and placed in the special container for questioned ballots and then sealed. Upon delivery to the counting area the ballots shall be receipted for on a form supplied by the election supervisor.
When the tally of all votes has been completed, the voted ballots shall be sealed into containers and delivered to the municipal clerk to be preserved for two months.
Write-in votes. No write-in candidates receiving less than 50 votes need be reported in the final certification of results.
(S.G.C. 2.40.340; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998)
The election supervisor shall appoint a receiving board. The election supervisor shall appoint a chair and administer the oath prescribed for elections judges. A vacancy on the board shall be filled by the election supervisor.
(S.G.C. 2.40.350; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998)
The election supervisor shall designate the computers to be used in counting the ballots and may negotiate and contract with the state of Alaska or a private computer service for the needed computer services.
(S.G.C. 2.40.360; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998)
Logic and accuracy tests shall be performed as soon as ballots arrive from the printer. Processing of the test ballots shall check the following:
A. 
Predetermined test deck results equal the test results printout;
B. 
Number of ballots in test deck equals number on public counter;
C. 
Proper information on the printout;
D. 
Counted ballots are in the proper ballot box compartment;
E. 
Ensure that ballots that are supposed to be rejected are (i.e., over-voted ballots).
(S.G.C. 2.40.370; Ord. 98-1507 § 4, 1998)
A receiving center official shall receive the ballots and have those who transported the ballots sign the ballot receipt log. The receiving center official will see that all forms from the precincts are properly filled out and all ballots are accounted for along with any other rules that may be promulgated by the municipal clerk.
(S.G.C. 2.40.380; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998)
A. 
A failure to properly mark a ballot as to one or more candidates does not in itself invalidate the entire ballot.
B. 
A voter may mark the ballot with pencil or pen and ink. The marks will be counted only if they are substantially inside the ovals so as to indicate clearly that the voter intended the particular oval to be designated.
C. 
If a voter marks fewer names than there are persons to be elected to the office, the vote will be counted for each candidate properly marked.
D. 
If a voter marks more names than there are to be elected to office, the votes for that office will not be counted.
E. 
Improper marks on the ballot will not be counted and will not invalidate marks for candidates properly made.
F. 
Any erasures or correction invalidates only that section of the ballot on which it appears. Marks made on a ballot by a voter so as to identify it later will cause the entire ballot to be rejected.
G. 
Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the printed name is for the same office and has also been marked or unless the election board determines on the basis of other evidence, that the ballot was so marked as to be for the purpose of identifying the ballot.
H. 
In order to vote for a write-in candidate, the voter must write in the candidate’s name as it appears on the write-in declaration of candidacy and mark the oval next to the written-in name. Write-in votes will be counted when the oval is marked and the name as it appears on the write-in declaration of candidacy are written in these manners: first and last name or any reasonable spelling of the first and last name are used, first and last names with or without the suffix (e.g., Jr., Sr., III), last names with correct initial for the first name are used, commonly known nicknames with correct last name are used, or when the candidate’s name is already printed on the ballot. Write-in votes will be rejected in these circumstances: fictional names are used (e.g., Mickey Mouse, None of the Above); only initials are used; only first name is used; correct last name is used, but an incorrect first name or incorrect initial is used; or the oval next to the candidate’s name is not marked.
I. 
Stickers bearing the candidate’s name may not be used on the ballot.
(S.G.C. 2.40.390; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 14-34 § 4, 2014)
When the tally of votes is complete, a certificate of return shall be prepared and signed by the election judges.
(S.G.C. 2.40.400; Ord. 83-557 § 4, 1983)
A. 
Hand counted ballots. It shall be the duty of one of the judges after all ballots have been counted to place the voted ballots in the envelope provided and to place any numbered tabs in the envelope provided. The outside of each envelope shall be marked with the precinct number and signatures of all judges and date of election. Unopened questioned ballots will also be placed in the ballot container to be removed by the municipal clerk or authorized representative who shall keep same in a secure place until certification of the election by the assembly. After that time, the municipal clerk shall put the ballots in a sealed container and write thereon, “Ballots of the City and Borough of Sitka election held on _______ day of _______, 20__” and keep same for at least two months, to be used only in case of contest or recount. Two months from the date of the election certification, it shall be the duty of the municipal clerk to destroy the ballots unless a contest has been instituted and is still pending at that time.
B. 
Optically read ballots. It shall be the duty of one of the judges at the receiving center to place the counted ballots in an envelope, sealed and signed by all of the judges. The envelope will be given to the municipal clerk for preservation the same as indicated in subsection A of this section.
(S.G.C. 2.40.410; Ord. 83-557 § 4, 1983; Ord. 98-1507 § 4, 1998; Ord. 15-15 § 4, 2015)
There will be a canvass board consisting of an election board of at least up to two qualified voters and the municipal clerk. The canvass board is responsible for meeting in a public session to declare which absentee, advanced, questioned, special needs, and write-in ballots are valid. The canvass board will review, tally, and officially report the results of the ballots. No later than its next regular assembly meeting after the municipal clerk submits the certification of election, the assembly shall receive and adopt the certification. This meeting may be rescheduled by a majority vote of the assembly. If the assembly determines that the election was validly held, the assembly shall approve the certification of election.
(S.G.C. 2.40.420; Ord. 83-557 § 4, 1983; Ord. 11-27 § 4, 2011; Ord. 14-34 § 4, 2014)
Following canvass board review, the candidates receiving the greatest number of votes shall be certified elected to office by the municipal clerk and approved by the assembly. In case of a tie, the election shall be determined by coin toss or by lot from among the candidates tying at a meeting of the assembly and under its direction and instructions.
(S.G.C. 2.40.430; Ord. 83-557 § 4, 1983; Ord. 14-34 § 4, 2014)
Within two months after the general election results have been certified, the municipal clerk will send the registration books, list of absentee voters, and questioned ballot register to the Elections Director in Juneau for the recording of voter history. A voter registration book, list of absentee voters and questioned ballot register from a special election may be destroyed two months after election results have been certified.
(S.G.C. 2.40.435; Ord. 83-557 § 4, 1983)