A. 
A candidate or ten qualified voters may contest the election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds:
1. 
Malconduct, fraud or corruption on the part of an election official sufficient to change the result of the election.
2. 
The person certified as elected is not qualified as required by law.
3. 
Any corrupt practice as defined by law sufficient to change the result of the election.
(GAAB 7.05.200; CAC 2.68.550; AO No. 85-75; AO No. 2013-130(S-1), § 9, 1-14-2014)
A. 
Notice of contest of an election shall be submitted in writing to the municipal clerk at any time not later than noon on the day of the first meeting for which the assembly has issued a public notice that it may take up the question of whether to certify the election. A notice of contest shall include a $1,000.00 deposit payment. A person that signs and submits an election contest form containing false statements with the intent to mislead is guilty of unsworn falsification in the second degree under AS 11.56.210 or section 8.30.170.
B. 
The notice of contest shall:
1. 
Specify the election being contested,
2. 
Include a statement of the grounds for the contest specified with particularity, and of the relief sought,
3. 
Shall be verified and bear the notarized signatures of the candidate or the qualified voters bringing the contest. The verification shall be in the form prescribed by state law.
4. 
Shall contain the printed or typed names and residence addresses of the candidate or qualified voters, and
5. 
Shall designate two persons as representatives and include the phone numbers, mailing addresses, and residence addresses of the representatives.
C. 
Upon receipt of the notice of contest the municipal clerk shall immediately remit a copy to the assembly and the municipal attorney for review.
D. 
After consultation with the municipal attorney, the assembly shall vote whether to hear the contest or to certify the results of the election at a meeting held pursuant to section 28.85.040B. If the assembly decides to hear the contest, it may appoint one or more persons to take evidence concerning the grounds for the contest and report to the assembly. The investigation and contest proceedings shall be open to observation by those contesting the election, those whose election is contested, and the public in a manner consistent with the orderly conduct of the proceedings and security of the ballots.
E. 
Unless the grounds for which the contest was brought are determined to be valid, the contestant or the contestants shall be independently liable for the whole amount of the expenses incurred by the municipality in its investigation and deliberation of the election contest, including if a recount is required. If the expenses incurred are less than the initial deposit, the clerk shall refund the balance.
F. 
Should the contestant or contestants prevail with the election contest before the assembly the $1,000.00 deposit shall be refunded.
G. 
If the investigation of the contest requires a recount, it shall be conducted in accordance with sections 28.90.030 and 28.90.040.
(GAAB 7.05.200; CAC 2.68.550; AO No. 85-75; AO No. 2004-176, § 12, 6-1-2005; AO No. 2013-130(S-1), § 9, 1-14-2014; AO No. 2017-29(S), § 47, 6-1-2017; AO No. 2020-131(S), § 13, 1-14-2021; AO No. 2023-124, § 5, 12-5-2023; AO No. 2024-109(S), § 6, 12-3-2024)
[1]
Editor's note — Former § 28.100.030, Appeals, was repealed. Its provisions were consolidated into AMC Ch. 28.300 by AO 2013-130(S-1).
Prior history: GAAB 7.05.210; AO No. 85-75; AO No. 2013-130(S-1), 1-14-2014.