§ 28.30.040. Review and challenge of candidate qualifications.  


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  • A.

    The municipal clerk shall determine whether each candidate for municipal office is qualified as provided by law. At any time before the election the municipal clerk may disqualify any candidate whom the municipal clerk finds is not qualified. A candidate who is disqualified may request a hearing before the municipal clerk under chapter 3.60. The hearing shall be held no later than five days after the request unless the candidate agrees in writing to a later date.

    B.

    In addition to the process described in subsection A., any person may question the eligibility of a candidate who has filed a declaration of candidacy or nominating petition, by filing a complaint with the municipal clerk. A complaint regarding the eligibility of a candidate must be received by the municipal clerk not later than the close of business on the 10th day after the filing deadline for the office for which the candidate seeks election.

    1.

    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 200 words or less of the grounds, described in particular, on which the candidate's eligibility is being questioned.

    2.

    The municipal clerk will review only those issues in the complaint related to candidate qualifications established by the United States Constitution, the Alaska Constitution, Alaska Statutes, or municipal law. Grounds cited in the complaint other than those related to candidate qualifications established by law or grounds related to issues under the authority of the Alaska Public Offices Commission under AS 15.13 will not be considered by the municipal clerk.

    3.

    Upon receipt of a complaint, the municipal 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 the candidate's declaration of candidacy, or nominating petition, and, in the discretion of the municipal clerk, any other public record. Based on the review of the public documents, the municipal clerk will determine whether a preponderance of evidence supports or does not support the eligibility of the candidate.

    4.

    The municipal 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, and, based on the municipal clerk's review of the public documents, a statement as to whether a preponderance of evidence supports or does not support the eligibility of the candidate.

    5.

    If the municipal clerk determines that a preponderance of evidence supports the eligibility of the candidate, the municipal clerk will issue a final determination upholding the candidate's eligibility.

    6.

    If the municipal clerk determines that a preponderance of evidence does not support the eligibility of the candidate, notice to the candidate will identify any additional information or evidence that must be provided by the candidate in support of his or her eligibility, and the date by which the requested information must be received by the municipal clerk. The municipal clerk will consider any additional information provided by the candidate in issuing a final determination as to the candidate's eligibility.

    7.

    If the information requested by the municipal clerk under H. of this section is not received from the candidate by the specified deadline, the municipal clerk will issue a final determination regarding the candidate's eligibility based on the public records initially reviewed.

    8.

    Upon issuing a final determination as to the candidate's eligibility, the municipal clerk will send notice of the determination in writing to the person making the complaint and to the candidate. The determination of the municipal clerk is final.

(GAAB Ord. No. 75-82; AO No. 80-101; AO No. 85-75; AO No. 2013-130(S-1), § 3, 1-14-14)