11.24.010 Candidate qualifications.
A. To qualify as a candidate for the elected office, a person must meet the following requirements:
1. Be a qualified voter of the borough and state of Alaska; and
2. Must have been a resident of the borough for a continuous period of not less than one year immediately preceding the date of the election, or if filling a vacancy, one year immediately prior to the appointment date. Establishing and maintaining Haines Borough residency to qualify for elected office shall be as follows:
a. An individual’s intent to establish residency, remain indefinitely in the Haines Borough, or to return to the Haines Borough and remain indefinitely is demonstrated through the establishment and maintenance of customary ties indicative of Haines Borough residency and the absence of those ties elsewhere. Acts that are required by law or contract or are routinely performed by temporary residents of the Haines Borough are not by themselves evidence of residency. In evaluating whether an individual claiming Haines Borough residency has demonstrated intent to remain indefinitely in the Haines Borough, consideration will be given to whether or not an individual has:
(1) Taken steps to establish Haines Borough residency and sever residency in a location outside of the Haines Borough;
(2) Ties to a location outside of the Haines Borough that indicate continued residency in the other location; and
(3) Taken other action during the candidacy qualifying year that is inconsistent with an intent to remain in the Haines Borough indefinitely.
b. An individual may not become a resident of the Haines Borough while absent.
c. Physical presence in the Haines Borough is not, by itself, sufficient to establish residency. Before the start of the candidacy qualifying year, an individual must have taken at least one step beyond physical presence in the Haines Borough to establish residency.
d. An individual is not eligible for elected Haines Borough office if, at any time from the start of the candidacy qualifying year through the date of candidacy filing, the individual has:
(1) Maintained the individual’s principal home in another location outside of the Haines Borough, regardless of whether the individual spent a majority of time at that home;
(2) Disclosed in a court proceeding, affidavit, or will that the individual is a resident of a location outside of the Haines Borough;
(3) Moved from the Haines Borough;
(4) Registered to vote in a location other than the Haines Borough and provided a physical address outside of the Haines Borough;
(5) Purchased a resident hunting, fishing, or trapping license from a location other than the Haines Borough if residency in that location was required as a condition of the license; or
(6) Obtained any other benefit or benefits as a result of establishing or maintaining any claim of residency in a location outside of the Haines Borough.
B. A candidate must provide sufficient proof that the candidate is qualified, or shall be qualified by the date of the election, to be nominated as a candidate for any election.
C. A person may not be nominated for or serve in more than one office at the same time, except that the deputy mayor may serve as both deputy mayor and assembly member when necessary.
D. The clerk shall determine whether each candidate for borough office is qualified as provided by law. At any time before the election, the clerk may disqualify any candidate whom the clerk finds is not qualified.
E. The clerk shall send as soon as possible, by mail or electronic mail, written notification of the disqualification to the candidate.
F. If the candidate disagrees with the clerk’s determination, the candidate may submit additional information or evidence no later than three business days from the date of notice. The clerk will consider any additional information provided and issue a final determination as to the candidate’s qualification no later than three borough business days from receipt of the additional information.
G. The candidate may file a written protest with the clerk within three business days following the date of notice of the clerk’s final determination. The clerk shall present the protest at the next regular meeting of the assembly. The assembly shall hear and decide the protest. The burden of proof shall be on the complainant. The assembly’s decision shall be made at that meeting and shall be final. (Ord. 14-04-373 § 4)