Alaska Administrative Code › Title 3 - Commerce, Community, and Economic Development › Part 7 - Regulatory Commission of Alaska › Chapter 49 - Deregulation › Article 1 - Deregulation Ballot: Election Procedure › 3 AAC 49.050 - Ballot security, processing, tabulation; certification of results

Current through May 31, 2024
(a) When
				  marked ballots arrive either at the office of the commission or its designated
				  ballot counting agent, the entire envelope must remain intact. Only those
				  ballots that are delivered by hand to the commission, or those that are
				  received without a postmark or with a postmark that is obliterated or illegible
				  will be time and date stamped. Ballots then will be placed in a secure, locked
				  container, including but not limited to, for example, a locked file, safe, or
				  cabinet, and may not be removed until all ballots are received and the
				  processing and tabulation begins. All ballots and ballot-related material must
				  be returned to that container when the ballots are not being processed or used
				  in processing, until disposed of under
				  3 AAC 49.070.
(b) The commission will, in its discretion,
				  wait for 10 days after the deadline for receipt of ballots before beginning the
				  processing and counting of ballots to ensure that all ballots postmarked by the
				  deadline prescribed in
				  AS
				  42.05.712(c) have been
				  received.
(c) The commission will
				  appoint a team of counters from among its staff, and will designate one of the
				  team as its chief. A team of at least three but not more than five counters
				  will be so designated. If the number of ballots requires it, the commission may
				  appoint more than one team of counters. At the commission's option, or at the
				  utility's or cooperative's written request accompanied by its agreement to
				  assume the costs, instead of appointing ballot counters from among its staff,
				  the commission will, in its discretion, contract with the Division of Elections
				  (Office of the Lieutenant Governor) or with an independent accounting firm to
				  act as a ballot counting agent for the commission to count the ballots,
				  tabulate the results, and report them to the commission for certification in
				  accordance with
				  AS
				  42.05.712(e) and
				  3 AAC 49.010 -
				  3 AAC 49.080.
(d) The commission will notify the affected
				  utility or cooperative and other interested parties as to the time, date, and
				  place of ballot counting. Ballot counting will take place only during the
				  commission's or a ballot counting agent's normal business hours.
(e) The utility or cooperative, or a group of
				  subscribers or members in support of or in opposition to the deregulation
				  question, may appoint, at its own expense, one or more poll watchers to observe
				  the ballot counting process. No utility, cooperative, or group of subscribers
				  or members may have more than one watcher on duty at a time to observe each
				  counting team. The watcher may be present at the place of counting in a
				  position which affords a full view of all action of the counters from the time
				  the ballots are removed from their secure location until the ballots are
				  finally counted and the results certified by the commission. The commission
				  will, in its discretion, require each watcher to present written proof that he
				  or she is the watcher appointed by the utility, cooperative, or group of
				  subscribers or members he or she represents. The commission will ensure that
				  proper decorum is maintained during the counting process to assure the
				  privileges of the watchers and the proper, orderly conduct of the
				  election.
(f) The ballot counting
				  team first shall tabulate the total number of ballots received before the votes
				  for and against the question are counted. If less than 15 percent of the
				  eligible subscribers or members have returned ballots to the commission, the
				  votes for and against the question need not be counted. If at least 15 percent
				  have been returned, the team shall examine each mailing or outer envelope and
				  will determine whether the voter is qualified to vote and whether the ballot
				  has been properly cast by comparing the subscriber's or member's name and
				  account or membership number on the outer envelope with the certified list of
				  subscribers or members supplied by the utility or the cooperative. When this
				  verification procedure is completed, the small envelope containing the ballot
				  may be removed from the large mailing envelope in accordance with (i) of this
				  section. The latter envelope must be retained until it is disposed of under
				  3 AAC 49.070.
(g) A ballot may not be counted if
(1) the voter has failed to properly execute
				  the certificate containing his or her signature, printed or typed name, and
				  account or membership number;
(2)
				  the ballot, if postmarked, is not postmarked on or before the 30th day from the
				  date of mailing or delivery of ballots to eligible voters; or
(3) the ballot is improperly marked under
				  3 AAC 49.040(a).