Alaska Administrative Code › Title 6 - Governor's Office › Part 1 - Elections › Chapter 25 - Administration of Elections › Article 1 - General Administration › 6 AAC 25.260 - Complaints regarding eligibility of a candidate

Current through May 31, 2024
(a) Any person may
				  question the eligibility of a candidate who has filed a declaration of
				  candidacy with the director for statewide or districtwide office, 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 10th 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 or declaration of candidacy, and including, 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 his or her
				  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
						15.05.020
AS
						15.15.010
AS
						15.25.030
AS
						15.25.042
AS
						15.25.043