A. 
Appointment.
1. 
Voting by polling location. The municipal clerk shall appoint at least two election officials in each precinct. The municipal clerk shall designate one election official from each precinct as the precinct chair, who shall be primarily responsible for administering the election in that precinct.
2. 
Vote centers. The municipal clerk shall appoint at least two election officials for each vote center. The municipal clerk shall designate one election official as the chair, who shall be primarily responsible for administering the election in that center.
3. 
The municipal clerk may appoint additional election officials the clerk determines are necessary to conduct the election.
B. 
Each election official shall be a qualified voter in the municipality. Each election official shall subscribe to the oath prescribed for municipal officers in the Charter.
C. 
An election official shall not participate in an election in which the election official or a member of the election official's immediate family is a candidate or has filed a declaration of candidacy as a write-in under section 28.30.030. "Immediate family" has the meaning provided in section 1.15.180.
D. 
If the municipal clerk knows or learns that an election official or a member of the election official's immediate family is a candidate or has filed a declaration of candidacy, as noted in subsection A, the election official will be notified and will not be allowed to work in that election.
(GAAB 7.05.070; AO No. 85-75; AO No. 2001-43, § 2, 2-27-2001; AO No. 2004-176, § 4, 6-1-2005; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 10, 6-1-2017; AO No. 2018-4(S), § 6, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
There is established in the municipality the youth election assistant program.
B. 
The municipal clerk may appoint one or more youths meeting the requirements of this section to serve as election assistants to the municipal clerk.
C. 
To be considered for appointment by the municipal clerk to the youth election assistant program, a youth election assistant shall:
1. 
Be a student age 16 or older, enrolled in a public or private high school program in the state, or being educated in the student's home by a parent or legal guardian in the state under AS 14.30.010(b)(12); and
2. 
Successfully complete training prescribed by the municipal clerk.
D. 
A youth election assistant appointed to assist under this section shall be supervised by the municipal clerk, the clerk's designee, or the election official designated as the chair for the assistant's assigned location.
E. 
A youth appointed to the program may be compensated for service as an election assistant.
(AO No. 2006-156, § 1, 3-9-2007; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 11, 6-1-2017)
[1]
Editor's note — Former § 28.50.020, Election supplies and equipment, was repealed.
Prior history: CAC 2.68.220—2.68.230; AO No. 85-75; AO No. 2013-130(S-1), 1-14-2014; AO No. 2017-29(S), 6-1-2017; AO No. 2018-4(S), eff. retroactively 12-1-2017; AO No. 2020-5(S), 2-11-2020.
A. 
Voting by polling location. On election day, the polling locations shall be open for voting from 7:00 a.m. to 8:00 p.m.
B. 
Voting by mail.
1. 
Ballot drop boxes shall be open no later than the day after ballot packages are mailed to voters and shall close at 8:00 p.m. on election day.
2. 
Vote centers shall be open during weekdays at least seven days prior to a regular and special election day, and at least five days prior to a runoff election day. Vote centers shall close at 8:00 p.m. on election day. Hours of operation shall be posted by the municipal clerk.
(CAC 2.68.180; AO No. 84-139; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 13, 6-1-2017; AO No. 2018-4(S), § 8, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
While on duty at polling locations and vote centers, no election official may discuss any political party, candidate, measure, or proposition, except as necessary to perform the duties of the position.
B. 
While on duty in the election center, no election official may discuss any political party, candidate, measure, or proposition except as necessary to perform the duties of the position.
C. 
Violation of this section may result in immediate termination of employment and removal from the location. A violation of this section is subject to enforcement and a fine under Title 14.
(AO No. 85-75; AO No. 2013-130(S-1),§ 3, 1-14-2014; AO No. 2017-29(S), § 14, 6-1-2017; AO No. 2018-4(S), § 9, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
During the hours the polling locations or vote centers are open for voting, a person who is in the polling location or vote center or within 200 feet of any entrance to the polling location or vote center may not:
1. 
Attempt to persuade a person to vote for or against a candidate, measure, or proposition, nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition; or
2. 
Physically display a photo, video, or other image of a marked ballot to another person also in the polling location or center or within 200 feet of any entrance thereto.
B. 
For the purposes of this section:
1. 
The entrance to a polling location or vote center is the entrance to the building that is generally used by the public to access the polling location or vote center. The election officials shall post warning notices in the form and manner prescribed by the municipal clerk.
2. 
Even factual information about a candidate, proposition, or measure on the ballot is prohibited unless it is information given by an election official.
C. 
During the time a drop box is open for voting, a person within 50 feet of a drop box may not:
1. 
Attempt to persuade a person to vote for or against a candidate, measure, or proposition, nor may any person conduct other political activities that may pertain to any future election or potential ballot proposition; or
2. 
Physically display a photo, video, or other image of a marked ballot to another person also within 50 feet of the drop box.
D. 
A violation of this section is subject to enforcement and a fine under Title 14.
(AO No. 85-75; AO No. 89-136; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 15, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
Voting by polling location. The election officials at each polling location shall keep a register in which each voter's signature, printed name, and residence address shall be entered before the voter receives a ballot. The signing of the register shall constitute an oath that the voter is qualified to vote and has not cast a ballot in any manner in the same election.
B. 
Vote by mail. The municipal clerk shall maintain an electronic record of voting, including each voter's signature and information from the voter registration system matching the voter to the voter's return envelope.
(GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2001-43, § 2, 2-27-2001; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 16, 6-1-2017; AO No. 2018-4(S), § 10, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 2, 2-11-2020)
A. 
An election official shall allow a voter on the official registration list to vote. If the voter is questioned, the voter shall vote in accordance with section 28.50.090.
B. 
If a voter is not on the official voter registration list, the voter shall vote in accordance with section 28.50.080.
C. 
If a voter does not have valid identification required by section 28.50.110A or a voter's identifying information is different than the information on the official registration list, the voter shall vote in accordance with sections 28.50.085 and 28.50.090.
(GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2017-29(S), § 17, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020)
If a person's name or initials, or a variant of the name including a hyphenated name, do not appear in the register or the voter registration database for the election in which the person seeks to vote, the person may only vote a questioned ballot.
(CAC 2.68.150; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 18, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020)
A. 
If a person's name does not appear in the voter registration database as eligible to vote within the municipality, the person may only vote a questioned ballot.
B. 
If the voter's name has changed from the name in the voter register, the voter shall vote a questioned ballot.
C. 
If the voter's address in the voter register is different than the voter's identification, the voter may vote an areawide ballot, if one is available, or the voter shall vote a questioned ballot.
(Ord. No. 2020-5(S), § 2, 2-11-2020)
A. 
Every election official shall question, and every observer and any other person qualified to vote in the polling location or at a vote center may question a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified to vote. All questions regarding a person's qualifications to vote shall be made in writing setting out the reason the person has been questioned.
B. 
The following persons may only vote a questioned ballot:
1. 
A person requesting a ballot at a polling place or vote center without proper identification compliant with section 28.50.110;
2. 
A person whose address has changed or whose address is different from the voter registration database, unless the person votes an areawide ballot;
3. 
A person whose name, in whole or part, is different that the name in the voter registration database;
4. 
A person whose qualifications to vote are questioned under subsection A; or
5. 
A person whose name does not appear in the voter registration database as eligible to vote within the municipality.
C. 
Before voting, the voter shall subscribe to an oath or affirmation in a form provided by the municipal clerk attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election.
1. 
If the question arises over the person's address or residency, the voter shall also state in the oath or affirmation the address of the place the voter resided immediately before living in the district where offering to vote, and the length of time of residency in the former place.
D. 
After the questioned person has executed the oath or affirmation, the person may vote, but only a questioned ballot. If the questioned person refuses to execute the oath or affirmation, the person may not vote.
(GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 19, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters, except the voter shall place the ballot or, where applicable, the ballot envelope package, into a questioned envelope. Questioned envelopes shall be sealed and deposited in a secure container and maintained separately from other ballots until adjudicated and processed.
(GAAB 7.05.140; AO No. 85-75; AO No. 86-105; AO No. 2001-43, § 2, 2-27-2001; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2020-5(S), § 2, 2-11-2020)
A. 
Before being allowed to vote at a polling location or vote center, each voter shall exhibit to an election official at least one form of valid identification, including but not limited to:
1. 
An official voter registration card, driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
2. 
An original or a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item exhibited under this paragraph must show the name and current address of the voter.
B. 
An election official shall waive the identification requirement if the election official personally knows the identity and residency of the voter. A voter is personally known by the election official if the election official is able to identify and address the voter by first and last name.
C. 
A voter who cannot exhibit a satisfactory form of identification may only vote a questioned ballot pursuant to section 28.50.090.
(GAAB 7.05.130; CAC 2.68.150, 2.68.240.B; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 20, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
Voting at a polling location. When a voter has qualified to vote, the election official shall give the voter an official ballot and secrecy sleeve. The voter shall use a booth or other designated private place to mark the ballot. After the voter has marked the ballot, the voter shall deliver the ballot to the scanner. Voters voting a questioned ballot shall place the ballot into the provided secrecy sleeve and then into a questioned envelope, and deliver the questioned envelope to the secure questioned envelope container.
B. 
Voting at a vote center. When a voter has qualified to vote, the election official shall give the voter an official ballot, a secrecy sleeve, and a return envelope. The voter shall use a booth or other designated private place to mark the ballot. After the voter has marked the ballot, the voter shall place the ballot into the provided secrecy sleeve and then into a return envelope, and deliver the return envelope to the ballot box or other secure container. Voters voting a questioned ballot shall place the ballot into the provided secrecy sleeve and then into a questioned envelope, and deliver the questioned envelope to the secure questioned envelope container.
C. 
Voting by mail. When a voter has qualified to vote, the municipal clerk shall have an official ballot, a secrecy sleeve, and a return envelope delivered to the voter by mail pursuant to section 28.40.020. The instructions for returning the ballot after the voter has marked the ballot shall direct the voter to place the ballot into the provided secrecy sleeve and then into a return envelope, and then do one of the following:
1. 
Place the ballot return envelope in the mail with sufficient first-class postage. The municipality shall not accept return envelopes as described in section 28.50.210B.;
2. 
Deliver the ballot return envelope to a drop box;
3. 
Deliver the ballot return envelope to a vote center; or
4. 
Deliver the ballot return envelope to the Municipal Clerk's Office at City Hall, or at the Election Center, or at any designated return location.
(GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
At a polling location or vote center, a qualified voter may request the assistance of an election official or not more than two persons of the voter's choice, except as listed below:
1. 
If the election official is requested, the official shall assist the voter.
2. 
If any other person is requested, such as a family member, friend, or member of the public, the requested person shall state upon oath or affirmation before the election official that the person will not vote the ballot for the voter, coerce the voter into voting for a specific candidate or issue, or divulge the votes cast by the voter. The oath or affirmation shall be on a form prescribed by the municipal clerk. Violation of the oath or affirmation is misconduct involving confidential information punishable under chapter 28.200 and shall create a private cause of action in the voter.
3. 
A friend or member of the public may assist the voter, unless the friend or member of the public is:
a. 
The employer of the voter; or
b. 
An agent of the employer of the voter; or
c. 
An officer or agent of the union of the voter; or
d. 
A candidate for office in the election; or
e. 
A paid or unpaid campaign worker of a candidate for office in the election, or a paid or unpaid campaign worker of an organization supporting or opposing a ballot measure.
B. 
If the election official is assisting the voter to insert the ballot in the scanner at a polling location and the scanner will not accept the ballot on the initial try, the election official may request the voter flip or rotate the ballot and re-insert the ballot into the scanner in an effort to get the scanner to read the ballot. The voter may refuse this request. In all cases the ballot shall be deposited in the scanner or ballot box by the voter or voter assistant in the presence of the election official.
(GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021; AO No. 2021-110(S), § 4, 12-28-2021)
A. 
Voting at a polling location or vote center. When provided a ballot at a polling location or vote center, if a voter improperly marks or otherwise damages the ballot, the voter may request, and an election official shall provide, another ballot. In order to receive a new ballot, the voter must surrender the improperly marked ballot to the election official. The official shall record the serial number, if provided, and the ballot style of the ballot reissued, and the voter or election official shall tear up the improperly marked or damaged ballot. The election official shall place the torn up ballot in a special envelope immediately without examining it.
B. 
Voting by mail or as special needs. A voter may obtain a replacement ballot if the original ballot is destroyed, spoiled, lost, or not received by the voter. Requests may be made in person, in writing, by telephone, or electronically, by the voter, the voter's designated representative under section 28.60.040, or by a person exercising the right under a valid power of attorney. A voter requesting a replacement ballot must provide sufficient information to confirm their identity. Sufficient information is at least three of the following: residence address, name, last four digits of the social security number, and birthdate.
1. 
The municipal clerk shall keep a record of each request for a replacement ballot. Unless the first ballot received has been voided, it shall be the only ballot counted.
2. 
If the municipal clerk receives additional ballots from a voter, as indicated by the fact that the voter is already credited with voting, the additional ballots shall not be counted and shall be forwarded to the election commission for adjudication. The municipal clerk may provide the voter's information to law enforcement under section 28.200.120.
3. 
The municipal clerk shall not issue replacement ballots by mail less than seven days before the election. The municipal clerk may issue a replacement ballot electronically if the request is received prior to 5:00 p.m. the day before election day.
4. 
Failure to provide a replacement ballot as prescribed in this section does not by itself provide a basis for an election contest or other legal challenge to the results of an election.
(AO No. 2017-29(S), § 21, 6-1-2017[1]; AO No. 2018-4(S), § 11, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021; AO No. 2021-110(S), § 5, 12-28-2021)
[1]
Editor's note — This ordinance also provided for the repeal of former section 28.50.140, which pertained to disposition of improperly marked ballot and derived from GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2001-43, 2-27-2001; AO No. 2013-130(S-1), 1-14-2014.
A. 
No person may leave a polling location or vote center with an official ballot given to the person at the location by an election official.
B. 
A violation of this section is subject to enforcement and a fine under Title 14.
(AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 23, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
No voter may exhibit a ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.
B. 
This section does not apply to a voter who:
1. 
Requests assistance under section 28.50.130; or
2. 
Shares a photo, video, or other image on social media or physically displays a photo, video, or other image of the voter's own marked ballot to another person not present within the area of prohibited political persuasion under section 28.50.050.
C. 
A violation of this section is subject to enforcement and a fine under Title 14.
(AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
During voting or processing ballots, no election official may examine any ballot received from a voter, mark a ballot, or identify a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a specific voter marked a ballot, or allow any such acts to be done by another person, except as provided in sections 28.50.130, 28.60.040, and 28.60.060.
B. 
A violation of this section is subject to enforcement and a fine under Title 14.
(AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2020-5(S), § 2, 2-11-2020)
Approximately fifteen minutes before the closing of the election, and at the time of closing the election, an election official shall announce the time and the time of closing the election. Every qualified voter present and in line at a polling location, vote center, or drop box at the time prescribed for closing the election may vote or drop off their completed return ballot envelope.
(GAAB 7.05.140; CAC 2.68.180; AO No. 84-139; AO No. 85-75; AO No. 2001-43, § 2, 2-27-2001; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 24, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
When the election is closed and the last vote has been cast, the election officials shall, in accordance with election procedures, immediately proceed to:
1. 
Polling locations.
a. 
Account for all ballots by completing a ballot accountability report containing, in a manner prescribed by the municipal clerk, the number of official ballots supplied, cast, and spoiled;
b. 
Count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted on the comments section of the ballot accountability report. Questioned ballot envelopes containing ballots shall be placed in a sealed container separate from the remaining ballots;
c. 
Remove all ballots from the ballot box. Scanned ballots shall be placed in a secure, sealed container. Voted but unscanned ballots shall be placed in a separate sealed container. All voted ballots and the containers containing questioned ballots and unscanned ballots shall be placed in a secure container and sealed;
d. 
Collect the ballot accountability report, the voter register, the questioned ballot register, the tally tape, voting/scanning machine, memory card, and all other election supplies. All materials shall clearly indicate the polling location from which they came; and
e. 
Two election officials shall transport the polling location materials and sealed containers from the polling location to the election official at the designated return location.
2. 
Vote centers.
a. 
Account for all ballots by completing a ballot accountability report containing, in a manner prescribed by the municipal clerk, the number of official ballots supplied, cast, and spoiled;
b. 
Count the number of ballots and questioned ballots and compare that number to the number of voters and questioned voters in the registers. Discrepancies shall be noted on the comments section of the ballot accountability report. Questioned ballot envelopes containing ballots shall be placed in a sealed container separate from the remaining ballots;
c. 
Collect the ballot accountability report, the voter register, the questioned ballot register, and all other election supplies. All materials shall clearly indicate the vote center location from which they came; and
d. 
Two election officials shall transport the materials and sealed containers from the vote center to the election official at the designated return location.
3. 
Drop boxes.
a. 
Two election officials in the presence of each other shall lock the box to prevent additional voting, remove the ballots from the box, secure the ballots in containers, secure and seal the containers, and transport the materials and sealed containers to the designated return location. All materials shall clearly indicate the drop box location from which they came.
(GAAB 7.05.160—7.05.170; CAC 2.68.260; AO No. 85-75; AO No. 2001-43, § 2, 2-27-2001; AO No. 2013-130(S-1), § 3, 1-14-2014; AO No. 2017-29(S), § 25, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
The election officials inside the designated return location shall:
1. 
If applicable, receive the voting machine from election officials working at the polling location and examine the card seal. If the seal is damaged or otherwise not intact, the election official shall notify the municipal clerk immediately and proceed as instructed by the municipal clerk. If the seal is intact, the official shall cut the seal and deliver the card to the municipal clerk or designee;
2. 
Receive the sealed containers from the election workers working at the polling location, vote centers, and drop boxes and examine the seals; if a seal is compromised the election official shall notify the municipal clerk immediately and proceed as instructed by the municipal clerk;
3. 
Check the polling location, vote center, and drop box off on a log sheet, enter the time, have the delivering election official initial the entry, and sign or initial the log sheet; and
4. 
Give the containers containing questioned ballots and ballots that did not scan to the municipal clerk or designee.
B. 
The municipality shall not accept return envelopes:
1. 
Collect on delivery;
2. 
Delivered restricted delivery or otherwise requiring the signature of a named individual; or
3. 
That requires payment by the municipality of an amount more than USPS first-class mail letter postage for a properly assembled return envelope for the election.
C. 
The process shall be available for public viewing to the extent that the municipal clerk determines that election officials will not be hindered in the performance of their duties.
D. 
The municipal clerk shall make provision for security guards to be on duty at the designated return location during the receiving and processing of ballots on election day and the day before election day.
(AO No. 2013-130(S-1), § 4, 1-14-2014; AO No. 2017-29(S), § 26, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021)
A. 
For purposes of this section, a regular or special municipal election process begins with the delivery and acceptance of unmarked ballot stock to the designated return location, and continues until nine days after certification of the election, including a runoff election, or of election recount results.
B. 
The municipal clerk will use best efforts to provide for livestreaming of the designated return location continuously 24 hours per day, seven days per week, during regular or special elections. The livestream will be displayed on an internet location that is published on the municipal elections web pages.
C. 
Failure to satisfy the requirements of this section shall not create an independent cause of action.
(AO No. 2021-110(S), § 6, 12-28-2021; AO No. 2022-98, § 6, 12-6-2022)
A. 
A candidate or organization must register their observers with the municipal clerk for each election, except as specifically noted in this section.
1. 
A write-in candidate may register observers, if the write-in candidate provides information with the observer registration forms that the write-in candidate meets all candidate qualifications specified in the municipal charter and this code for the office the candidate seeks, including filing a signed copy of the public official financial disclosure (POFD) form filed with the Alaska Public Offices Commission (APOC); and
2. 
In the event of a recount under section 28.90.025D, an affected write-in candidate may register observers, if the write-in candidate meets the requirements of subsection A.1 in this section.
B. 
After first registering observers with the municipal clerk:
1. 
At each polling location within the boundary area designated for the seat for which a candidate is running and at each vote center;
a. 
Each candidate may have one observer; and
b. 
Any organization or organized group that sponsors or opposes an initiative, referendum, or recall measure may have one observer.
2. 
At the designated return location, with consideration of and subject to constraints of space, regulations, or unforeseen circumstances, the number of observers allowed is subject to the following rules:
a. 
Except as otherwise restricted by these rules, each candidate, organization or organized group may have at least one observer, and a maximum of four.
b. 
If the constraints allow more than one observer per candidate, organization, or organized group, each shall be allocated an equal share of the total number of observers allowed.
c. 
The policy of the municipality is to accommodate the highest total number of observers allowed under these rules. The municipal clerk may restrict the total number of observers to less than the maximum only based on good cause. The reduction in the number of observers to fewer than one per candidate, organization or organized group shall be limited to extraordinary circumstances.
C. 
The municipal clerk shall provide a form for the registration of observers.
D. 
A complete submitted observer registration form shall contain:
1. 
Proof of appointment of observers by:
a. 
The organization or organized group, signed by the chairperson of the organization or organized group; or
b. 
The candidate the observer represents, signed by the candidate or campaign manager.
2. 
An oath or affirmation by the appointing person that each observer has been provided the most current version of the Election Observer's Handbook, incorporated herein by reference, and instructed on their rights and obligations. The Observer's Handbook may be revised by the Assembly by resolution.
3. 
A signed confidentiality agreement for each observer on a form provided by the municipal clerk. In addition to other terms required by the municipal clerk, each agreement shall contain the following:
I, (name of observer), swear or affirm that I have read the applicable guide for observers and I will not disclose confidential information, including voter identification numbers, social security numbers or the last four digits of the social security numbers, dates of birth, Alaska driver's license or state identification numbers, place of birth, confidential residence addresses and telephone numbers, and for whom or for what propositions a person voted. I also swear or affirm I will not use confidential information for purposes other than determining whether to challenge a ballot or voter qualification.
4. 
A signed statement for each observer on a form provided by the municipal clerk where each observer affirms the following statement:
I, (name of observer), swear or affirm that I completed the training for observers, received the Observer's Handbook, and attended a tour of the designated return location.
5. 
Other information that may be required by the municipal clerk in order to properly administer open, but secure and efficient, elections.
E. 
Observers. Once credentialed, the observer may be present as described in this section at a position inside the polling location, vote center, or designated return location that affords a full view of all action of the election officials.
1. 
Observers may be present each day until certification of the election:
a. 
During set up and tear down;
b. 
From the time the polls are opened until the polls are closed;
c. 
During all processing of ballot envelopes and ballots.
2. 
Election officials may require observers to sign in and out of the polling location, vote center, or designated return location. Election officials may also require an observer to present identification and proof of registration prior to allowing the observer a full view of all action of the election officials. Failure to show identification or proof of registration is grounds for removal. The election officials or the municipal clerk may request the assistance of law enforcement for this purpose.
3. 
Observers may be required to wear identifying badges at all times while in the polling location, vote center, or designated return location. Coats and large bags are only allowed in places designated by the municipal clerk, chair of the polling location or vote center, or other designee. Failure to wear a required identifying badge at all times is grounds for removal. Election officials or the municipal clerk may request the assistance of law enforcement for this purpose.
4. 
Observers at a polling location or vote center may not sit in the area behind the table where election officials are working or in between election officials handling voter registers, and shall remain a distance away from voting machines, if any, and voting booths to ensure the privacy of the ballots. The observer may be in close enough proximity to hear and document the name of a person who is voting.
5. 
While in the polling location, vote center, or designated return location, observers:
a. 
Shall not make or receive phone calls from designated areas, as specified in the Observer's Handbook;
b. 
Shall not record confidential information by any means or method;
c. 
Shall not operate any mechanical or electronic device to record images or sound within designated areas where ballot processing occurs and confidential information could be easily recorded;
d. 
Are not allowed to handle ballots, registers, other election materials, or computers;
e. 
May check the voting booths after each voter leaves the booth to make sure no campaign material has been left in the booth;
f. 
May not campaign at a polling location, vote center, or designated return location. Any type of campaigning by the observer should be reported immediately to the election officials or the municipal clerk and is grounds for immediate removal;
g. 
May remain at the polling location, vote center, or designated return location until election officials have completed all procedures;
h. 
May ask brief questions of the municipal clerk or designee regarding processes used by the election officials or about the ballot envelopes;
i. 
Shall not disturb election officials in the execution of their duties;
j. 
Shall follow instructions of the municipal clerk or designee and on-site security; and
k. 
Shall conform to the obligations set forth in the Election Observer's Handbook.
F. 
An observer may not interfere with the election process. An observer who violates a provision of subsection E, otherwise interferes with the election process, or does not comply with applicable municipal law or the Observer's Handbook, may be removed from the location at the direction of the municipal clerk or designee. The municipal clerk or designee may request the assistance of law enforcement for this purpose.
G. 
The municipal clerk shall assign one election official the role of liaison between the registered observers and the clerk and election officials. The purpose of the observer liaison is monitoring observers, connecting them to the training when needed, answer questions during envelope review and ballot processing, and other duties assigned by the clerk.
(AO No. 2013-130(S-1), § 4, 1-14-2014; AO No. 2017-29(S), § 27, 6-1-2017; AO No. 2020-5(S), § 2, 2-11-2020; AO No. 2020-131(S), § 7, 1-14-2021; AO No. 2021-110(S), § 7, 12-28-2021; AO No. 2022-98, § 7, 12-6-2022)