In this title, unless the context otherwise requires:
A. 
"Alternate ballot"
means a sample ballot, copied ballot, or piece(s) of paper with the candidates and propositions written on it used during the alternate voting period.
B. 
"Ballot"
means any document provided by the Clerk on which votes may be cast for candidates, propositions, or questions.
C. 
"Borough"
means Matanuska-Susitna Borough.
D. 
"Business days"
means the days the City of Houston's administrative offices are open to provide general services to the public.
E. 
"Calendar days"
means consecutive days succeeding one another in regular order.
F. 
"City"
means the City of Houston.
G. 
"Clerk"
means the City Clerk or any properly authorized assistant to the City Clerk.
H. 
Day of Certification of the Election.
The day of the certification of the election is the date the City Council is scheduled to certify the entirety of the election results or 14 days after the date of the election, whichever is earlier.
I. 
"Election"
includes any regular or special City election.
J. 
"Election official"
includes election officials at the polls, the City Clerk, the Clerk's office staff, early voting officials, absentee voting officials, Canvass Board, counting teams, and election clerks.
K. 
"Majority vote"
means more than half of the votes cast.
L. 
"Oath"
means any form or attestation by which a person signifies the person is bound in conscience to perform and act faithfully and truthfully. "Oath" includes affirmations.
M. 
"Precinct"
means the territory within which resident voters may cast votes at one polling place.
N. 
"Precinct register"
means the list of persons deemed eligible to vote in each City precinct for each election, pursuant to the official state registration list described in AS 15.07.125.
O. 
"Proposition"
means a proposal offered for acceptance or rejection, which is stated as a question on a ballot.
P. 
"Questioned voter"
means a voter:
1. 
Whose name does not appear on the register in the precinct where the voter attempts to vote;
2. 
Who has received an absentee ballot and does not turn it in when voting at his precinct on election day;
3. 
Who does not bear identification or is not personally known to an election official though the voter's name appears on the precinct register; or
4. 
Who is questioned for good cause at the polls in writing pursuant to HMC § 3.29.050.
Q. 
"Registration" or "registered"
refers to the form of registration required by the State Election Code. For City elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 calendar days prior to the City election.
R. 
"Regular ballot"
means a ballot voted at the polls which is not a questioned or an absentee ballot.
S. 
"Regular election"
means the City election held on the first Tuesday of October annually, unless a different date or interval of years is provided by ordinance.
T. 
"Signature" or "subscription"
includes a mark intended as a signature or subscription.
U. 
"Special election"
means any election held at a time other than when a regular election is held.
V. 
"State"
means the state of Alaska.
W. 
"Swear" includes "affirm."
X. 
"Voter"
means a person who votes a ballot either in person or by mail.
(Ord. 07-02 § 2, 2007; Ord. 12-11 § 4, 2012; Ord. 16-21(S) § 5, 2016; Formerly 3.04.010)
All provisions of the Constitution of the United States, the Constitution of the State, and the laws enacted pursuant to said constitutions affecting municipal elections are incorporated in this chapter as if fully set out in this chapter.
(Ord. 07-02 § 2, 2007; Formerly 3.04.020)
The Clerk shall administer all municipal elections and shall determine whether candidates for municipal office are qualified in accordance with this chapter.
(Ord. 07-02 § 2, 2007; Ord. 12-11 § 4, 2012; Formerly 3.04.025)
A. 
The date of the regular election shall be annually on the first Tuesday in October.
B. 
The City Council may provide for different dates for regular elections by ordinance.
(Ord. 07-02 § 2, 2007; Formerly 3.04.030)
The City Council may call a special election at any time at least 75 calendar days prior to the date of the election. Notice of the special election shall be made in accordance with HMC § 3.17.020.
(Ord. 07-02 § 2, 2007; Formerly 3.04.040)
The City Council shall take final action, including reconsideration, on all ordinances and resolutions containing ballot propositions or other matters relating to or affecting a regular or special election.
(Ord. 07-02 § 2, 2007; Formerly 3.04.050)
The City Council shall declare an elective office vacant whenever the person elected:
A. 
Fails to qualify or take office within 30 days after election or appointment;
B. 
Is physically absent from the municipality for 90 consecutive days unless excused by the governing body;
C. 
Resigns and the resignation is accepted;
D. 
Is physically or mentally unable to perform the duties of office as determined by two-thirds vote of the governing body;
E. 
Is convicted of a felony or of an offense involving a violation of the oath of office;
F. 
Is convicted of a felony or misdemeanor described in AS 15.56 and two-thirds of the members of the governing body concur in expelling the person elected;
G. 
Is convicted of a violation of AS 15.13;
H. 
No longer physically resides in the municipality and the governing body by two-thirds vote declares the seat vacant; this paragraph does not apply to a member of the governing body who forfeits office under AS 29.20.140(a); or
I. 
If a member of the governing body misses three consecutive regular meetings and is not excused.
(Ord. 07-02 § 2, 2007; Formerly 3.04.060)
Vacancies are filled as follows:
A. 
A vacancy on the City Council shall be filled by the City Council. The person designated shall serve until the next regular election and until a successor is elected and has qualified.
B. 
Terms for City Council seats are for three years. City Council seats shall be designated "A," "B," "C," "D," "E," "F" and "G."
C. 
City Council seats "A" and "B" terms expire the same year; City Council seats "C" and "D" terms expire the same year; City Council seats "E," "F" and "G" terms expire the same year; in alternating years.
D. 
If the membership of the City Council is reduced to fewer than the number required to constitute a quorum, the remaining members shall within seven days appoint a number of qualified persons sufficient to constitute a quorum. The remaining vacancies shall then be filled in accordance with subsection (A) of this section.
(Ord. 07-02 § 2, 2007; Formerly 3.04.070)
A. 
The powers of initiative and referendum reserved by the State Constitution to the people of the state are also reserved to the people of the City as provided by state law.
B. 
Any elected public official of the organized City may be recalled as provided by state law.
(Ord. 07-02 § 2, 2007; Formerly 3.04.080)
The provisions of AS 04.16.070(B) that prohibit the sale, barter, giving, consumption or disposal of alcoholic beverages within licensed premises on a City election day until the polls have closed do not apply in the City.
(Ord. 07-02 § 2, 2007; Formerly 3.04.100)
A. 
The use of public moneys, or facilities, equipment or supplies purchased with public moneys, and services of public employees in kind, to promote the passage of ballot propositions including public expenditures, appropriations or bond issues is prohibited.
B. 
The term "promote" means an attempt to influence, whether affirmatively or negatively, the vote of the people upon ballot propositions or bond issues. The term "promote" does not encompass the following and similar activities:
1. 
The publication, circulation or mailing of informational items or legal notices pertaining to proposed bond issues or ballot propositions, so long as any literature distributed to the public or to news media fairly and fully presents information needed by the public to make an informed vote upon any ballot propositions or bond issue;
2. 
The participation by City personnel in public discussions, or interviews with news media, relating to proposed ballot propositions or bond issues;
3. 
The City administration may prepare and disseminate an informational brochure regarding propositions or bond issues placed on the ballot by the City Council which accords reasonably equal presentation of facts supporting and opposing the proposition or bond issue.
C. 
City-owned buildings and other facilities may be utilized for public meetings, discussions, and other assemblies by private groups supporting or opposing any ballot proposition or bond issue. City employees may arrange for public meetings and assemblies where the advantages and disadvantages of a proposed ballot proposition or bond issue are fairly presented by opponents and proponents of the item.
D. 
No posters, fliers, or other printed material advocating or opposing a ballot proposition or bond issue may be displayed in any City-owned or controlled building or facility except in a single area of general public access designated by the building supervisor. Both proponents and opponents of the ballot item shall be accorded reasonably equal access to the space.
E. 
The constitutional rights of public employees to express their personal views on proposed bond issues and ballot propositions during public meetings or in interviews with news media shall not be abridged by this title. However, any employee expressing personal views shall clearly state that the statements reflect personal or professional beliefs only and do not represent the position of the City.
(Ord. 07-02 § 2, 2007; Formerly 3.04.110)
Should any provisions of this election code or its application to any person or set of circumstances be held invalid, the remainder of its provisions or of its application to any persons or circumstances shall not be affected.
(Ord. 07-02 § 2, 2007; Formerly 3.04.130)
An ordinance or resolution placing propositions and questions before the voters must be introduced at a City Council meeting no later than July and adopted not later than August 15th before a regular election, or 60 calendar days before a special election.
(Ord. 07-02 § 2, 2007; Ord. 25-04 § 1, 2025; Formerly 3.04.140)