Certifying Election Results

Revised November 14, 2014
Introduction

Once the actual election is over there are still a few things that need to occur to finalize it. The election is not completed until after it is certified and elected candidates qualify and take office. Though protections are in place to guarantee a voter's privacy, the various administrative steps in the election process are public. This means anyone interested in being present for the preliminary count or certification of the count can be, and the public must be provided notice of when these actions will occur so that anyone interested may attend.

Other than a very few minimum mandatory requirements, the Alaska constitution and state statutes allow local governments a great deal of flexibility in how elections are conducted. State law does, however, require that a governing body prescribe rules for conducting an election (AS 29.26.010). Your municipality's election ordinance will explain the election process for your community and deadlines for finalizing the local election. If a municipality fails to follow the local election ordinance and applicable state law in conducting an election, the election could be voided and a new election ordered.

For information on what to do to prepare for the election or how to conduct the election, see the LOGON chapters "Preparing for a General Municipal Election" and "Conducting a General Municipal Election". See the LOGON chapter, Special Election Topics for the topics you are interested in, such as Local Option, Initiative, Referendum, or Recall.

Narrative

The days immediately following the election is the time that the clerk will investigate any questioned, challenged, or absentee ballots by calling the Division of Elections. In the previous chapter, “Conducting a Municipal Election”, we discussed what to do when a voter is not on the precinct register and how they cast a questioned ballot. The Division of Elections will research the eligibility of the voters to cast a ballot. Some typical reasons that that a voter did not appear on the precinct register is that they registered to vote close to the 30 day minimum requirement and did not get on the list or they are still registered to vote in another precinct. The Division of Elections will provide information on each questioned and absentee ballot. The clerk should then provide this information to the canvass committee. No ballots should be opened at this time.

A defeated candidate or any qualified voter who believes there may have been an error in the vote count may contest the election and request a recount. Likewise, any qualified voter who believes there has been misconduct, fraud, or corruption of an election official may contest the election. The request must be presented in writing (AS 26.26.070(b)), before, or at least at the time of, the first canvass of ballots by the canvas committee. The affidavit should include:

  • A statement explaining why it is believed that the votes were not correctly counted.
  • The particular office, seat, or proposition that is questioned.
  • A statement that the person making the request is a candidate or a qualified voter.
  • The signature of the candidate or voter seeking a recount.

If the reason for the request is a belief that the count of votes was in error, and no prohibited practices are alleged, the governing body directs the mayor and municipal clerk, to conduct a recount and report the results back to the governing body. (The governing body may elect to appoint a recount board to conduct the recount in place of the mayor and clerk.) If prohibited election practices are alleged, the governing body directs the mayor and clerk, or recount board, to investigate and, if warranted, to conduct a recount.

If the recount is done, the mayor and clerk, or recount board reports the official election results to the governing body. If the results are changed by the recount, the clerk, at the direction of the governing body, prepares a new “certification of election” for the candidates and provides a copy to the governing body.  The recount expenses may be billed to the party requesting the recount if the recount fails to revert a result of the election, or the difference between the winning and losing vote is more than two percent, AS 29.26.070(d). A sample “affidavit to contest election” is provided in the Should a person be dissatisfied with the canvass committee’s determination of the contest of election the opportunity to appeal is within 10 days after the declaration of the election results to the superior court in the judicial district in which the municipality is located, AS 29.26.070(e). After that 10 day period the results are conclusive and valid.

The governing body is usually the canvass committee, although local ordinance may state otherwise. The purpose of the canvass committee is to examine the election results and certify them. The canvass committee reviews the report of preliminary election results and the absentee and questioned ballots based on the information provided to them from the clerk and Division of Elections. The canvass committee authorizes the opening of any votes determined eligible (while still maintaining the secrecy of the voter), adds those votes to the total count and orders the results to be certified, unless the election is contested. A sample “certificate of election” is available in the Additional Resources section. The state requirements for certification are found at AS 29.26.070(c).

A newly elected official’s term usually starts on the first Monday following certification of the election, unless the municipality has adopted an ordinance that sets a different date, state law would apply, AS 29.20.150(c). A municipality may canvass the election on the first Friday after the election, then swear in the new members and reorganize on the first Monday after the election. Newly elected officials are required (AS 29.20.600) to affirm in writing an oath of office to honestly, faithfully, and impartially perform the duties of office before taking office, and AS 29.20.150 provides that a member of the governing body serve until a successor qualifies for office. A sample “oath of elected official” is found in the Additional Resources section below.

After the canvass board has counted all of the absentee and challenged/questioned ballots that are appropriate to count, the election has been certified, and any appeals or court cases are ended, the ballots can be destroyed. Check the municipality's ordinance to see if it specifies a date when the ballots are to be destroyed. Do not destroy ballots until at least 30 days from the time the election is certified or any appeals finally decided.

Municipalities are required to send the master voter registration list with voters' signatures back to the Alaska Division of Elections within 60 days of the election (AS 15.07.137). The Division uses the information to update the voters' voting history. The Division will return the Master Voter Registration List when the voting histories have been updated. The information contained on the list will include those who voted absentee ballots by mail, absentee ballots in person, questioned/challenged ballots, and special needs ballots in addition to those who voted at the polls on election day. Though not specifically required, if your municipality is not exempt from financial disclosure requirements, after the election is certified, you may send a letter to the Alaska Public Offices Commission with the names and addresses of all newly elected officials. It is requested that municipal election results be provided to the Division of Community and Regional affairs.

Once the election is certified, candidates are sworn into office, and the new governing body reorganizes then the business of government begins. Frequently new council members need training or to be brought up to speed on what is going on. There are LOGON chapters addressing the organization of government, the duties assigned to the various offices, and procedures for conducting the business of government. Training for newly elected officials or anyone wanting more information on conducting government, is available through this division (Community and Regional Affairs) and the Alaska Municipal League.

Frequently Asked Questions
Additional Resources

Publications:

Sample documents:

Recommended web site search topics:

  • Alaska Division of Elections
  • Alaska Association of Municipal Clerks (AAMC)
  • Alaska Public Offices Commission (APOC)
  • U.S. Civil Rights Division, Voting Rights Section
  • Infobase Alaska Statutes
  • Infobase Alaska Administrative Code
Applicable Laws and Regulations

Alaska Constitution - Article V

  • Section 1 - age and 30-day residency requirement
  • Section 2 - prohibitions against being allowed to vote
  • Section 3 - methods of voting, secret ballot
  • Section 4 - authorizes the legislature to prescribe registration procedures and establish voting precincts and election districts.

 Alaska Administrative Code

  • 3 AAC 18.010(d)(1) election required for Community Revenue Sharing payment

Alaska Statutes (see Current Alaska Statutes)

  • AS 15.05.020 determination of residency rules
  • AS 15.05.030 loss and restoration of voting rights
  • AS 15.07.010-.200 voter registration
  • AS 29.20.060-.220 assembly composition and apportionment
  • AS 29.20.130 city council composition
  • AS 29.20.140 qualifications of members of governing bodies
  • AS 29.20.150 term of office
  • AS 29.20.380 administration of municipal elections, compliance with the Federal Voting Rights Act
  • AS 29.20.470 election on manager plan
  • AS 29.20.520 repeal of manager plan
  • AS 29.20.630 election of state or school district employee to municipal office
  • AS 29.26.010 administration requirement for governing body to prescribe rules for conducting an election, election board and judges
  • AS 29.26.040 election date and ordinance requirement for prescribing a different date
  • AS 29.26.050 voter qualifications, ordinance requirement for enacting local election district or service area restrictions
  • AS 29.26.060 runoff election, ordinance requirement
  • AS 29.26.070 election contest and appeal, ordinance requirement