§ 4.110.020. Contest procedure.

A.

Notice of contest of an election shall be submitted in writing to the clerk before five p.m. on the day of the certification of the election or to the assembly at its meeting to certify the election returns. The notice of contest shall specify the election being contested, the grounds of the contest, and shall bear the notarized signatures of the candidate or qualified voters bringing the contest. The notice shall be in substantially the following form:

NOTICE OF ELECTION CONTEST

The undersigned contest the regular (or special) election of the Kenai Peninsula Borough held on the ________ day of ________, ___. The ground for the contest are as follows:

	_____
	_____
	_____
	Signature of Candidate or Persons Contesting Election

 

SUBSCRIBED AND SWORN to before me this _____ day of ________, ___.

	/s/         Notary Public for Alaska

B.

Upon receiving a notice of contest, the assembly shall order an investigation be conducted by the clerk and borough attorney. Those contesting the election, those whose election is contested, and the public shall be allowed to attend all investigation and recounting proceedings.

C.

If the contest involves the eligibility of voters the assembly shall direct the clerk to recheck the most current state registration lists. After considering the reports of the investigating officials and any other proof, the assembly shall determine whether any illegally cast votes could have affected the election results. If they could not have, the assembly may so declare and determine the election valid.

D.

If the contest involves other prohibited election practices which are shown to have taken place, the assembly in certifying the election returns shall exclude the vote of the precincts where such practices occurred. If it is determined that such exclusion could not affect the election results, the assembly shall declare the election valid and certify the results pursuant to this title.

E.

The contestants shall pay all costs and expenses incurred in a recount of an election as provided by KPB 4.100.060.

(Ord. No. 94-08, § 1(part), 1994)