DENALI BOROUGH, ALASKA
ORDINANCE NO. 91-11
AN ORDINANCE AMENDING ELECTION
PROCEDURES
TO PROVIDE FOR MAJORITY ELECTIONS, TIE
BREAKERS, AND TIME LINES.
BE IT ENACTED BY THE ASSEMBLY OF THE DENALI BOROUGH:
Section 1.
Classification.
This
ordinance is of a general and permanent nature.
Section 2. Chapter
66, Section 1 amended.
Section 1
of Chapter 66 of the Denali Borough Code of Ordinances is hereby amended as
follows:
Section 1. Administration. The
Borough Clerk is the supervisor of elections and shall prepare and maintain
election materials and records. The
Clerk shall begin preparations for a [general] regular election at least
[forty-five (45)] one hundred-twenty (120) days before the date of the
election and for ......
Section 3. Chapter
66, Section 6 amended.
Section 6
of Chapter 66 of the Denali Borough Code of Ordinances is hereby amended as
follows:
Section 6. Election Notices.
A.
Election notices shall be prepared and posted in three public places in
each of the four major communities of Anderson, Cantwell, Healy, and McKinley
Park, with one of the public places being the post office, by the Borough Clerk
for one hundred twenty (120) days preceding the date of the regular election
and shall contain the following:
1.
Date of the Regular Election;
2.
Offices to be filled; and
3.
Time for filing declarations of candidacy and nominating
petitions.
[A.] B. Election notices shall be prepared and
posted in three public places in each of the four major communities of
Anderson, Cantwell, Healy, and McKinley Park, with one of the public places
being the post office, by the Borough Clerk for 30 days preceding the date of the
[general] regular election or special election, and shall contain the
following, as is appropriate:
1.
Whether the election is [general] regular or special;
2.
Date of the Election;
3.
Location of the municipal polling place(s);
4.
Time the polling place(s) will open and close;
5.
Offices to be filled;
6.
A statement describing voter qualifications;
7.
[time for filing declarations of candidacy and nominating petitions; and] A list of
candidates; and
8.
A statement of any questions or propositions to be placed on the ballot.
[B.] C. A sample election notice that may be used is
shown [at the end of this Chapter] in the Appendix of Forms.
Section 4. Chapter
66, Section 7 amended.
Section 7
of Chapter 66 of the Denali Borough Code of Ordinances is hereby amended as
follows:
Section 7. [40 Percent Requirement.] Majority Elections. [In order to win election a candidate must
receive more than 40 percent of the votes cast for the particular seat, and
more votes than any other candidate for the same office.] The candidate receiving the greatest
number of votes for office shall be declared the winner of the election for
that office.
Section 5. Chapter
66, Section 8 amended.
Section 8
of Chapter 66 of the Denali Borough Code of Ordinances is hereby amended as
follows:
Section 8. [Run-off elections] Tie votes. [If no candidate receives more than 40 percent of the votes cast
for an office, the Assembly shall hold a run-off election between the two
candidates receiving the greatest number of votes for the office and the
leading candidate wins. Run-off
elections shall be held on the second Tuesday following the date the Assembly
certifies the election. Write-in votes
are not counted for any purpose in a run-off election.] In the event of a tie vote, and after a
recount of ballots that confirms the tie vote, the Assembly shall in its first
meeting after the election call in the candidates receiving the tie votes and
have the candidates draw straws of flip a coin to determine the winner. If one or more of the tied candidates does
not appear before the Assembly, the Presiding Officer shall direct the clerk or
other non-interested person to draw straws or flip a coin to determine the
winner.
Section 6. Chapter
66, Section 11 amended.
Section 11
of Chapter 66 of the Denali Borough Code of Ordinances is hereby amended as
follows:
C.
Within four business days after the filing .....
E.
The forms appearing [at the end of this Chapter] in the Appendix of
Forms illustrate the forms to be used.
Section 7. Chapter
67, Section 4-K amended.
Section 4-K
of Chapter 67 of the Denali Borough Code of Ordinances is hereby amended as
follows:
K.
... appearing [at the end of this Chapter] in the Appendix of Forms
illustrates the ...
Section 8. Chapter
68, Section 7-D amended.
Section 7-D
of Chapter 68 of the Denali Borough Code of Ordinances is hereby amended as
follows:
D.
... is included [at the end of this Chapter] in the Appendix of
Forms.
Section 9. Chapter
68, Section 12-C amended.
Section
12-C of Chapter 68 of the Denali Borough Code of Ordinances is hereby amended
as follows:
C.
The forms [at the end of this Chapter]
in the Appendix of Forms ...
Section 10. Chapter
69, Section 2-E amended.
Section 2-E
of Chapter 69 of the Denali Borough Code of Ordinances is hereby amended as
follows:
E.
The form appearing [at the end of this Chapter] in the Appendix of
Forms illustrates...
Section 11. Chapter
70, Section 2 amended.
Section 2
of Chapter 70 of the Denali Borough Code of Ordinances is hereby amended as
follows:
Section 2. Canvass Committee, meeting, postponing canvass. The canvass committee will meet on or
before the first Monday ...
The date, time, and location will be
set by a majority vote of the Assembly and published per Chapter 1, Section 2
of this Code. The canvass may be postponed ...
Section 12. Chapter
70, Section 12-B amended.
Section
12-B of Chapter 70 of the Denali Borough Code of Ordinances is hereby amended
as follows:
B.
The forms appearing [at the end of this Chapter] in the Appendix of
Forms illustrate...
Section 13. Chapter
71, Section 1-B, 3 amended.
Section
1-B, 3 of Chapter 71 of the Denali Borough Code of Ordinances is hereby amended
as follows:
3.
The sample affidavit [at the end of this Chapter] in the Appendix of
Forms ...
Section 14. Title
VIII amended.
Title VIII
of the Denali Borough Code of Ordinances is hereby amended as follows:
All references to the Denali Borough
"general" election shall be changed to the Denali Borough
"regular" election to conform to usage in Alaska Statutes.
Section 15.
Effective Date.
This
ordinance becomes effective upon adoption by the Denali Borough Assembly and
signature of the Mayor.
DATE INTRODUCED: October 13,
1991
FIRST READING: October 13, 1991
PUBLIC HEARING: December 8, 1991
PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this 8th
day of December, 1991.
SIGNATURE
ON FILE
Mayor
ATTEST: SIGNATURE
ON FILE
Borough Clerk