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The borough assembly may authorize, by resolution, a special by-mail election.

A. The resolution and notice of election must state that the election is to be conducted by mail and that there will be no polling place open for regular in-person voting on election day. In a by-mail election, election day will be the date designated by the assembly as the deadline by which a voter’s ballot must be voted, witnessed, and delivered by hand or mail, and if mailed, shall bear a postmark dated not later than election day by the post office. Ballots received after election day without a postmark shall require a sworn and notarized voter affidavit in order to be counted. Such affidavit may be faxed.

B. In each election conducted by mail, the borough office shall serve the precinct in which the election is to be held. The borough clerk shall mail ballots not later than the twenty-second day before the election. Absentee voting in person shall be provided not more than 30 days or not less than one day prior to date of election.

C. The borough clerk shall determine and use a method of voter outreach by which voters are informed of a by-mail election, separate from and in addition to the public notice required by statute. Unless in the discretion of the borough clerk an alternative method of outreach is used, where there are more than 30 days between the date of the election order or resolution calling for the election and election day, the borough clerk will send, to each voter whose name appears on the official register, advance notice of the election at the mailing address stated in the voter’s current registration record. The notice shall be sent before ballots are mailed, and must include:

1. The date of the election;

2. Disclosure that the election will be conducted by mail and that no polling place will be available for regular in-person voting on election day;

3. Designation of the offices to which candidates are to be nominated or elected, and a statement of the subject of the proposed service area;

4. Designation of the date on which ballots are expected to be mailed to the voters;

5. Instructions to voters who will not be at their current mailing addresses when ballots are to be mailed, or who do not receive their ballots through the mail;

6. A statement of when the ballots may be voted; and

7. Brief general instructions on how the ballots must be voted and how the oath and affidavit envelope must be completed.

D. For each election conducted by mail, the notice of election under HBC 11.04.040 shall include the information specified in subsections (C)(1) through (7) of this section.

E. The provisions of HBC 11.40.040, election hours, shall not apply to elections conducted under the authority of this chapter. This chapter governs procedures for special elections by mail when in conflict with other sections of the borough election code. Otherwise, the provisions of the borough election code apply to special by-mail elections. (Ord. 14-04-373 § 4)