At any election a qualified voter may vote in any manner authorized by this title.
(GAAB 7.05.120, 7.05.180.B; CAC 2.68.300—2.68.330, 2.68.370, 2.68.390; AO No. 80-101; AO No. 84-139; AO No. 85-75; AO No. 2004-176, § 5, 6-1-2005; AO No. 2020-5(S), § 3, 2-11-2020)
[1]
Editor's note — Former § 28.60.020, Administration, was repealed.
Prior history: GAAB 7.05.120, 7.05.180.B; CAC 2.68.300—2.68.330, 2.68.370, 2.68.390; AO No. 80-101; AO No. 84-139; AO No. 85-75; AO No. 2001-43, 2-27-2001; AO No. 2013-130(S-1), 1-14-2014; AO No. 2020-5(S), 2-11-2020.
Voting by polling location. Subject to the provisions of this section, during a poll based election a qualified voter may apply to the municipal clerk to vote early, vote by mail, vote by electronic transmission, or vote a special needs ballot. The voter or the voter's authorized representative must complete any form(s) provided by the municipal clerk and submit by the date and time required.
(GAAB 7.05.120, 7.05.180.B; CAC 2.68.300—2.68.330, 2.68.370, 2.68.390; AO No. 80-101; AO No. 84-139; AO No. 85-75; AO No. 91-50; AO No. 97-135, § 2, 12-16-1997; AO No. 2000-93, § 1, 8-15-2000; AO No. 2001-43, § 3, 2-27-2001; AO No. 2004-176, § 6, 6-1-2005; AO No. 2013-130(S-1), § 5, 1-14-2014; AO No. 2017-29(S), § 28, 6-1-2017; AO No. 2018-4(S), § 13, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 3, 2-11-2020)
A. 
This section does not apply to elections conducted by mail.
B. 
Early voting locations. The following locations shall be open to early voting prior to election day for poll based regular and special elections:
1. 
City Hall - 7 days prior to election day.
2. 
Loussac Library - 7 days prior to election day.
3. 
Eagle River Town Center - 7 days prior to election day.
C. 
Hours of operation for early voting locations open prior to election day are subject to available staffing. Voters are encouraged to call the municipal clerk at 243-VOTE (8683) or go to http://www.muni.org/departments/assembly/clerk/elections/ for current information.
D. 
Election day alternative voting locations. For all areawide regular, special, or runoff municipal elections, all eligible municipal voters may vote during the same hours on election day as all other municipal polling places, at the following alternative voting locations:
1. 
Loussac Library.
2. 
University of Alaska, Anchorage campus.
E. 
Additional early or alternative voting locations may be designated by the municipal clerk.
(AO No. 2004-176, § 7, 6-1-2005; AO No. 2012-112, § 1, 11-27-2012; AO No. 2013-130(S-1), § 5, 1-14-2014; AO No. 2018-4(S), § 14, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 3, 2-11-2020)
A. 
Who may vote a special needs ballot. Persons who are admitted as hospital patients on the day of the election, or persons who because of a disability are unable to vote at the voter's designated polling location or a vote center on election day, or persons who cannot have their vote by mail ballot package delivered to them may request delivery and return of a special needs ballot during the times specified in this section.
B. 
Procedures for special needs voting.
1. 
A request for a special needs ballot may be made either by the voter or a representative of the voter.
a. 
A request for a special needs ballot by the representative of the voter shall be made in person at a polling location or vote center at least one hour before the polls close to allow for the special needs ballot to be delivered and returned before the closing of the polls;
b. 
A request by telephone shall be made with sufficient time for a special needs ballot to be delivered and returned before the closing of the election. If the municipal clerk determines sufficient time and resources allow, an election official shall take the special needs ballot, along with other necessary materials or forms, to the voter.
2. 
If the special needs representative selected by voter requests the ballot at a polling location or vote center, the representative shall provide government issued identification and sign a register provided by an election official. The register shall include the following information:
a. 
The representative's name;
b. 
The representative's residence address and mailing address;
c. 
The representative's voter number, date of birth, or the last four digits of the representative's social security number;
d. 
The name of the voter on whose behalf the representative is requesting a ballot and voting materials;
e. 
An oath stating the representative:
i. 
Is receiving a ballot and voting materials on behalf of the voter;
ii. 
Shall not vote the ballot for the voter;
iii. 
Shall not coerce the voter;
iv. 
Shall not divulge the vote cast by the voter;
v. 
Is at least 18 years of age; and
vi. 
Has been notified that unlawful interference with voting is punishable under AS 15.56.030, as 15.56.035, or section 28.200.110 of this Code; and
f. 
The representative's signature.
3. 
Delivery of the special needs ballot to the voter.
a. 
The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable.
b. 
The voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, if provided, and then place the ballot in the envelope provided.
c. 
The voter shall provide the information on the envelope same as required for voting in person.
d. 
The voter shall sign the voter declaration on the return envelope in the presence of the representative. If the voter is unable to sign, the voter shall make a mark on the signature line and have the representative and one other witness who is at least 18 years of age sign the return envelope.
4. 
The representative shall return the ballot in the special needs envelope with the completed representative and voter certificates to an election official at a polling location, vote center, or designated return location, or at a drop box, before the closing of the election.
5. 
If a qualified voter's disability precludes the voter from performing any of the requirements of subsections B.3.b through B.3.d, the representative selected by the voter may perform those requirements, except making the voting decision on the voter's behalf.
6. 
A person shall not act as a representative for a voter if:
a. 
The person is 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.
(GAAB 7.05.120, 7.05.180.B; CAC 2.68.300—2.68.330, 2.68.370, 2.68.390; AO No. 80-101; AO No. 84-139; AO No. 85-75; AO No. 2006-155(S-1), § 1, 3-13-2007; AO No. 2007-173, § 1, 4-14-2008; AO No. 2017-29(S), § 29, 6-1-2017; AO No. 2017-93, § 3, 3-21-2017; AO No. 2018-4(S), § 15, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 3, 2-11-2020; AO No. 2020-131(S), § 8, 1-14-2021)
A. 
For a poll based election, a qualified voter may apply to the municipal clerk requesting their ballot by mail. The application shall include the address, either within or outside the municipality, to which the ballot is to be mailed, the applicant's full municipal residence address, and the applicant's signature. The application shall include a place for the voter to indicate the address to which the ballot is to be mailed is to be kept private. Chapter 3.90 notwithstanding, if the voter chooses to keep confidential the address to which the ballot is to be mailed, only the name and residence address of the voter is a public record.
1. 
Permanent status. A voter may choose permanent absentee status, if the State of Alaska provides the option for state elections and the municipality implements the necessary system changes for local elections.
a. 
Change in status. If a voter's status as registered voter in the state or in the municipality is inactivated or cancelled, their status as a permanent municipal absentee voter shall be inactivated or cancelled at the same time.
b. 
Residency. Status as a permanent absentee is not determinative of a voter's residency for municipal purposes.
B. 
An application for a ballot by mail must be received no later than seven days before a regular, special or run-off election.
C. 
After receipt of a properly executed application by mail, the municipal clerk shall send the ballot and other voting material to the applicant by first class mail service. A return envelope shall be sent with the materials and shall be addressed to the municipal clerk.
D. 
Voter declaration. Upon receipt of a ballot by mail, the voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, if provided, place the ballot in the return ballot envelope, and sign the voter's declaration on the envelope.
E. 
The ballot shall be marked and signed on or before the date of the election and, if mailed, shall be postmarked on or before election day.
F. 
The municipal clerk shall maintain a record of the name of each voter to whom a ballot is sent by mail. The record shall list the date on which the ballot is mailed and the date on which the returned ballot is received by the municipal clerk. Such record shall be kept for 30 days after the date of certification of the election. If a voter has designated the residence address as confidential in accordance with state law, the address shall be treated as confidential under this Code.
(GAAB 7.05.120, 7.05.180.B; CAC 2.68.300—2.68.330, 2.68.370, 2.68.390; AO No. 80-101; AO No. 84-139; AO No. 85-75; AO No. 86-105; AO No. 91-50; AO No. 96-13, § 1, 1-23-1996; AO No. 97-135, § 3, 12-16-1997; AO No. 99-113, § 3, 8-10-1999; AO No. 2001-43, § 3, 2-27-2001; AO No. 2004-176, § 8, 6-1-2005; AO No. 2006-155(S-1), § 2, 3-13-2007; AO No. 2013-130(S-1), § 5, 1-14-2014; AO No. 2014-38, § 1, 5-9-2014; AO No. 2017-29(S), § 30, 6-1-2017; AO No. 2018-4(S), § 16, eff. retroactively 12-1-2017; AO No. 2020-5(S), § 3, 2-11-2020; AO No. 2020-131(S), § 8, 1-14-2021)
A. 
A qualified voter may apply for a ballot to be sent by secure document portal, fax, or email.
1. 
Any request received at least seven days before election day shall be processed; requests received after this time may be processed subject to the availability of staff and resources. Absent uniformed services voters or an overseas voter may apply at any time.
2. 
The municipal clerk shall not satisfy requests received after 5:00 p.m. Alaska time on the day before the election for which the ballot is sought.
B. 
In order to receive a ballot, the request by the qualified voter must include:
1. 
The applicant's first, middle, and last name and their residence address;
2. 
The Alaska residence address of the voter, other than an overseas voter qualifying under AS 15.05.011;
3. 
The method for receiving the ballot by electronic transmission;
4. 
The information necessary for the voter to receive the ballot by electronic transmission;
5. 
The voter's signature;
6. 
A telephone number where the voter can be contacted;
7. 
A form of identification. The form of identification provided must be the voter's:
a. 
Voter registration number;
b. 
Social security number or last four digits of the voter's social security number;
c. 
Date of birth;
d. 
Alaska driver's license number; or
e. 
Alaska State identification number; and
8. 
Acknowledgement that a marked or unmarked ballot sent by secure document portal, fax, or email is less secure than a ballot cast by mail or in person, and acceptance of this risk.
C. 
Ballots will be electronically transmitted to the location designated in the application. If no location is designated, the ballot will be mailed in the manner provided in section 28.60.050 for ballots by mail. The municipal clerk will provide reasonable conditions for electronically transmitting ballots, including having cybersecurity training for election workers, guidelines for accepting only certain file formats, and developing other procedures to ensure the accuracy, integrity, and secrecy of the ballot process.
D. 
The transmittal to the voter shall contain a copy of the ballot to be used at the election in a form suitable for return transmission. If by fax, a photocopy of the ballot to be used by persons voting in person at the polling locations or by mail is acceptable.
E. 
A ballot that is completed and returned by the voter by secure document portal, fax, or email must contain or be accompanied by the voter declaration and the following statement: "I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible.", followed by the voter's signature and date of signature.
F. 
Deadlines for returning ballot.
1. 
Return by mail. The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the municipal clerk. The ballot may not be counted unless it is:
a. 
Postmarked on or before election day and received before the opening of the public session of canvass;
b. 
Verified as received by the USPS or mail distributor (e.g. UPS, FedEx) on or before election day and received before the opening of the public session of canvass; or
c. 
Postmarked on or before election day and received from a MUOCAVa voter no later than noon on the day of certification of the election.
2. 
Return electronically. A voter who returns their ballot by secure document portal, fax, or email must comply with the same deadlines as for voting in person on or before the closing of the election.
a. 
Voted ballots received by secure document portal, fax, or email no later than 8:00 p.m. on election day are timely even if the hard copy subsequently returned contains a postmark after election day.
b. 
Voted ballots returned by email may be returned with multiple attachments or as multiple emails.
G. 
When a completed ballot is received by secure document portal, fax, or email, the election official will note the date of receipt on the voter's ballot application that requested the ballot received by secure document portal, fax, or email and, if the ballot is received on election day, the time of receipt.
H. 
Processing ballots returned by electronic transmission.
1. 
Ballots returned by fax or email with a missing or mismatched signature are processed as established in section 28.70.020.
2. 
Ballot packages returned by secure document portal will be processed as established in section 28.70.020. If the voter's signature cannot be confirmed under section 28.70.030C, the election official reviewing the submitted ballot will confirm the voter's identity using at least two of the voter's personal verifiers listed under section 28.60.060B.7. If a voter does not provide at least two personal verifiers and authentication is still determined to be invalid, the municipal clerk shall process the ballot package under section 28.70.030D and within three business days of initial adjudication of the ballot package received send a letter to the voter explaining the lack of a valid signature and identification.
I. 
Facsimiles of electronically transmitted ballots.
1. 
Election officials shall prepare facsimiles of all ballots transmitted by fax or email. A ballot transmitted by fax or email shall be counted in the same manner as other ballots, even though this procedure may reveal to one or more election officials the manner in which a particular voter cast his or her ballot. However, it shall be unlawful to display a ballot transmitted by fax or email in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the municipal clerk, a member of the clerk's staff, an election official, or an attorney advising the clerk on legal questions concerning the ballot for the sole purpose of allowing these individuals to perform their duties as necessary to the administration of the election.
2. 
Ballots transmitted by secure document portal may not require facsimiles.
(AO No. 2004-21 § 1, 6-1-2004; AO No. 2013-130(S-1), § 5, 1-14-2014; AO No. 2017-29(S), § 31, 6-1-2017; AO No. 2020-5(S), § 3, 2-11-2020; AO No. 2020-131(S), § 8, 1-14-2021; AO No. 2024-109(S), § 3, 12-3-2024)