A.
Subject to the requirement that municipal elections be nonpartisan, and to the remainder of this section, ballots shall be in the form prescribed for state elections. If provided, all ballot stubs shall be consecutively numbered in series.
B.
Number of ballots.
1.
Official ballots. For each regular and special election, the municipal clerk shall ensure that official ballots are prepared to present all candidates and propositions to the voters.
a.
Voting by polling location. The municipal clerk shall print ballots for at least 70 percent of the registered voters within each precinct. Calculations to determine the 70 percent for a regular or special election shall be based on a list prepared by the state at least 21 days but no more than 90 days before a regular or special election.
i.
For each runoff election the municipal clerk shall ensure that the number of ballots prepared equals at least the number of voters who cast ballots in the election requiring the runoff election.
b.
Voting by mail. The determination of registered voters who shall receive mailed ballots in accordance with section 28.40.020C shall be based on the state's voter registration database as provided to the municipality at least 21 days but no more than 90 days before a regular, runoff, or special election. The municipal clerk shall ensure that additional ballots are available on demand at vote centers.
2.
Sample ballots. The municipal clerk shall provide sample ballots to the polling locations and vote centers.
C.
Candidate order. For each election, the clerk shall determine the random alphabetical order in which the candidates' last names are placed on the ballot, regardless of the office sought, by conducting a chance selection of each letter of the alphabet. The sequence in which letters of the alphabet are drawn shall be the sequence of letters utilized in establishing the order in which the candidates' last names appear on the ballot.
D.
Contents of official and sample ballots.
1.
The official and sample ballots may consist of one or more pages, printed on one or both sides. The official and sample ballots shall contain:
a.
The names of all candidates for each office with spaces for write-ins equal to the number of offices to be filled, with the title of the office and "Vote for not more than (the number of offices to be filled)" appearing before the names, except that a runoff ballot shall not have a space for a write-in;
b.
The title, including the number or letter, and a summary description, including the question, of each proposition to be voted on, and any additional information concerning a proposition that is required by law to appear on the ballot. This information shall be prepared in a fair, true and impartial manner by the municipal attorney, in consultation with the municipal clerk;
c.
An oval preceding the name of each candidate and each line for writing in the name of a candidate, providing a place for the voter to mark the voter's choice of candidate; and an oval below the title and summary description of each proposition, providing a place for the voter to mark a vote of "yes" or "no";
d.
On each side of the ballot used, the legend, "To vote: use black or blue ink and completely fill-in the oval of the selection of your choice as shown." The legend shall include a visual representation of a properly filled oval. Also, when both sides of the ballot are used, the legend shall include: "Be sure to vote both sides of the ballot."
e.
When using scanning equipment, the official ballot shall be printed and encoded to ensure proper scanning and tabulation by the election equipment. Only the official ballot shall bear the serial numbering on the stub, if serial numbering is used.
f.
The facsimile signature of the municipal clerk, the date of the election, and the word "official" before the word "ballot".
g.
Necessary additional instruction to voters, as determined by the municipal clerk.
2.
The sample ballot shall contain the information that appears on the official ballot. The sample ballot shall be printed on non-white paper, and shall have a watermark that states "SAMPLE" on all sides on which voting information appears. After voting, the voter may retain the sample ballot, or return the ballot to an election official.
(GAAB 7.05.080; AO No. 85-75; AO No. 89-136; AO No. 96-12, § 1, 1-23-1996; AO No. 97-18, § 1, 2-11-1997; AO No. 99-113, § 2, 8-10-1999; AO No. 2001-43, § 1, 2-27-2001; AO No. 2001-166, § 1, 1-2-2002; AO No. 2001-181(S), § 1, 1-8-2002; AO No. 2002-179(S), § 2, 1-7-2003; AO No. 2004-176, § 3, 6-1-2005; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2016-10(S), § 3, 2-9-2016; AO No. 2017-29(S), § 8, 6-1-2017; AO No. 2018-4(S), § 4, eff. retroactively 12-1-2017; AO No. 2020-131(S), § 6, 1-14-2021; AO No. 2021-110(S), § 2, 12-28-2021)