6.15.030 Review of Candidate Qualifications.
(a) In determining residence within the City, for the purposes of this chapter, the Clerk shall apply the following rules:
(1) A person establishes residence within the City by:
(i) Actual physical presence at a specific location within the City; and
(ii) Maintaining a habitation at the specific location;
(2) A person may maintain a place of residence at a specific location within the City while away from the location for purposes of employment, education, military service, medical treatment or vacation if the person does not establish residency at another location; and
(3) A qualified voter loses residence by voting in another city or borough or in another state’s election.
(b) The Clerk shall determine whether each candidate is qualified as provided by law. At any time before the election the Clerk may disqualify any candidate whom the Clerk finds is not qualified. A candidate who is disqualified may request a hearing before the Clerk. The hearing shall be held no later than five (5) business days after the request unless the candidate agrees in writing to a later date.
(c) Any person may question the eligibility of a candidate who has filed a sworn statement of candidacy by filing a complaint with the Clerk. A complaint regarding the eligibility of a candidate must be received by the Clerk not later than the close of business on the tenth calendar day after the filing deadline for the office for which the candidate seeks election.
(d) The complaint must be in writing and include the name, mailing address, contact phone number, and signature of the person making the complaint, and a statement in two hundred (200) words or less specifying the grounds for the complaint, described in particular, on which the candidate’s eligibility is being questioned.
(e) The Clerk will review only those issues cited in the complaint related to candidate qualifications established by this chapter.
(f) Upon receipt of a complaint, the Clerk will review any evidence relevant to the issues identified in the complaint which is in the custody of the municipal Clerk’s office including evidence provided with the complaint, the candidate’s registration record, sworn statement of candidacy, and, in the discretion of the Clerk, any other public record. Following review of all relevant evidence in the case, and within twenty (20) days of receiving the complaint, the Clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate. The process for issuing a final determination will be as follows:
(1) The Clerk will send notification in writing to the candidate whose eligibility is being questioned that a complaint has been received. The notification will include a copy of the complaint, supporting relevant evidence, a statement as to whether a preponderance of evidence reviewed as of that notice supports or does not support the eligibility of the candidate, and a request that the candidate provide a sworn response statement along with any relevant supporting evidence.
(2) The Clerk must also notify the challenger that all relevant evidence must be submitted within seven (7) calendar days of the date of the Clerk’s notice to the candidate that a complaint has been filed. If the Clerk receives additional evidence during this seven (7) day period, such evidence must be provided to the candidate with an opportunity to respond. Absent extraordinary circumstances, the Clerk shall not consider evidence received after the challenger’s deadline to submit evidence.
(3) The candidate’s response statement and any supporting evidence must be received within ten (10) calendar days of the date of the Clerk’s notice to the candidate that a complaint has been filed. Absent extraordinary circumstances, the Clerk shall not consider evidence received after the candidate’s deadline to submit evidence.
(4) For purposes of this section, “extraordinary circumstances” must be specified in writing, documenting a serious circumstance or event beyond the control of the individual providing the late evidence.
(5) Following review of all relevant evidence in the case, and within twenty (20) days of receiving the complaint, the Clerk will issue a final determination based on a preponderance of evidence standard for review.
(6) A final determination must be issued in writing within twenty (20) days of the Clerk receiving the complaint.
(g) The Clerk must send the final written decision to the person making the complaint and to the candidate. The Clerk’s decision shall be sent by certified mail and by electronic mail (email), if an email address is known. The determination of the Clerk constitutes a final administrative decision. An appeal of the Clerk’s decision shall be filed with the State of Alaska Superior Court at Kenai, Alaska, in conformance with the Rules of Appellate Procedure of the State of Alaska, Part VI.
(Repealed and Reenacted Ord. 3224-2021 (Substitute); Ord. 3398-2024)