6.30.055 Review of Returned by-Mail or Electronic Transmission Affidavits.
(a) Upon the return of a voted by-request ballot, the Clerk or designee will record receipt of such ballot in accordance with KMC 6.30.110. When a ballot is returned by electronic transmission on election day the Clerk will also record the time of receipt.
(b) Electronically transmitted ballots will be counted in the same manner as other absentee ballots, even though the receiving process established within this section may reveal to one (1) or more election officials the manner in which a particular absentee voter cast their ballot. It will be unlawful to display an electronically transmitted ballot in a manner revealing the way in which a particular voter cast their ballot to any person other than the Clerk, member of the Clerk’s staff, an election official in the course of their duties or an attorney advising the Clerk on legal questions concerning the ballot.
(1) When a ballot is returned by electronic transmission, the City Clerk will:
(i) Fold and place the electronically transmitted ballot in a secrecy sleeve; and
(ii) Seal the secrecy sleeve containing the voted ballot in an outer envelope, then seal the outer envelope; and
(iii) Attach the voter affidavit form and identification portion of the transmission to the outside of the sealed envelope; and
(c) Returned voted by-request absentee ballots, regardless of the method in which they were returned will be stored in a secure location until delivered to the Canvassing Board.
(d) If a returned ballot affidavit envelope or an electronically transmitted affidavit form is received by the office of the Clerk on or before the closing of the polls on election day, the Clerk or designee will review the affidavit for completeness. If the affidavit is incomplete causing the ballot to be rejected pursuant to KMC 6.40.030, the City Clerk or designee will within twenty-four (24) hours of receipt of the voted ballot affidavit, notify the voter of the deficiency.
(e) Incomplete affidavits may be corrected by the voter, in person at the office of the City Clerk during regular business hours. In-person corrections must be made by the voter no later than 5:00 p.m. on the sixth day following the election. Should the sixth day following the election be a Saturday, Sunday or recognized City holiday, the voter will have until 10:00 a.m. on the following business day.
(1) If the voter is unable to correct the deficiency in person, the voter may:
(i) Request delivery of a replacement by-mail absentee ballot package; provided, that the request must be received not less than seven (7) days before an election; or
(ii) Request delivery of a replacement by-electronic transmission ballot package; provided, that the request must be received no later than 5:00 p.m. the day preceding the election; and
(iii) All voted replacement ballot packages will meet the requirements of KMC 6.30.050 and 6.30.100.
(f) Voted absentee by-mail or electronic transmission ballots received after the deadlines as established in the subsections of KMC 6.30.050(h) will be marked “invalid,” remain unopened with the date of receipt on the envelope and be preserved in accordance with the records retention schedule as adopted by the City Council.
(Ord. 3398-2024)