Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 27 - Administration of Local and Regional Elections › 6 AAC 27.037 - Complaints regarding eligibility of a candidate for regional educational attendance area (REAA) and state-conducted local elections

Current through May 31, 2024
(a) A person may
				question the eligibility of a candidate who has filed a declaration of
				candidacy with the director for a regional educational attendance area (REAA)
				or state-conducted local election, by filing a complaint with the director. A
				complaint regarding the eligibility of a candidate must be received by the
				director not later than the close of business on the fifth day after the filing
				deadline for the office for which the candidate seeks election.
(b) 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.
(c) The director will
				review only those issues in the complaint related to candidate qualifications
				established by the United States Constitution, the Alaska Constitution, or the
				Alaska Statutes. 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 director under this section.
(d) Upon receipt of a complaint, the director
				will review any evidence relevant to the issues identified in the complaint
				which is in the custody of the division including the candidate's registration
				record, declaration of candidacy, or nominating petition, and, in the
				discretion of the director, any other document of public record on file with
				the state. Based on the review of the public documents, the director will
				determine whether a preponderance of evidence supports or does not support the
				eligibility of the candidate.
(e)
				The director 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 director'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.
(f) If the director
				determines that a preponderance of evidence supports the eligibility of the
				candidate, the director will issue a final determination upholding the
				candidate's eligibility.
(g) If the
				director 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 the candidate's eligibility, and the date by which the requested
				information must be received by the director. The director will consider any
				additional information provided by the candidate in issuing a final
				determination as to the candidate's eligibility.
(h) If the information requested by the
				director under (g) of this section is not received from the candidate by the
				specified deadline, the director will issue a final determination regarding the
				candidate's eligibility based on the public records initially
				reviewed.
(i) Upon issuing a final
				determination as to the candidate's eligibility, the director will send notice
				of the determination in writing to the person making the complaint and to the
				candidate. The determination of the director is final.
(j) Nothing in this section limits the
				authority of the director to evaluate a candidate's eligibility for
				office.
Authority:
AS
					 14.08.071
AS 15.05.020
AS 15.15.010
AS 15.25.030
AS 15.25.042
AS
					 15.25.043