Title 3 . Commerce, Community, and Economic Development

Chapter 49 . Telecommunications

Section 60. Recount

3 AAC 49.060. Recount

(a) Within 10 days after the commission's review and certification of the election results under AS 42.05.712 (e), an interested party, a utility or cooperative, or 10 eligible subscribers or members who cast ballots in the election and who believe there has been a mistake made by the commission, by a counting team, or by a ballot counting agent in tabulating the votes in the election, may file an application for a recount of the votes on that ballot question.

(b) If there is a tie vote, the commission will initiate the recount and notify the interested parties of the time, date, and place of the recount.

(c) The date on which the commission receives an application for a recount, rather than the date of mailing or transmission of the application, determines whether the application is filed within the time allowed under (a) of this section. If the actual physical delivery by telegram of a copy in substance of the statements made in the application for recount is received in the commission's office before 4:30 p.m., Alaska Standard or Daylight Time, as the case may be, on the due date, the application will be accepted; however, the original signed application must be postmarked at or before midnight, Alaska Standard or Daylight Time, as the case may be, of the same day.

(d) An application for recount must include a deposit in cash, by certified check, or by bond with surety approved by the commission. The amount of the deposit is $1 per ballot based on the original count of valid ballots cast on the question. However, if the recount includes a question for which there was a tie vote on the issue, or the difference between the number of votes cast in favor of or in opposition to the question was 10 or less, or was less than.5 percent of the total votes cast in favor of or in opposition to the issue, the application need not include a deposit, and the commission will bear the cost of the recount. If the vote on the recount is determined to be four percent or more in excess of the vote on the question reported by the commission on initial certification of the results as stated in the application, the entire deposit will be refunded. If the entire deposit is not refunded, the commission will refund any money remaining after the cost of the recount has been paid from the deposit.

(e) If the commission determines that the application for a recount is substantially in the required form, the commission will set the date of the recount. It will be held within 10 days after receipt of an application requesting a recount of the votes cast on the question.

(f) Utilities or cooperatives, or organized groups of subscribers or members, having a direct interest in the recount and who are seeking to protect their interests during a recount may provide at their own expense one or more observers to witness the recount.

(g) The commission will give the utility or cooperative, or any other interested party, or the one or more persons appointed to represent the applicant during the recount, notice of the time and place of the recount by certified mail, telegram, or telephone.

(h) In conducting the recount, the commission, or its appointed representative, will review all ballots, whether the ballots were counted by hand or by mechanical means, to determine which ballots were properly marked and which ballots are to be counted in the recount. The accuracy of the original count and the review of that count will be checked. The commission will check the number of ballots cast, the ballots rejected or questioned, those damaged or erroneously marked against the certified list of eligible voters, and the total number of ballots distributed. The rules governing the counting of hand-marked and punchcard ballots will be followed in the recount. The ballots and other election material will remain in the custody of the commission during the recount, and the highest degree of care will be exercised to protect the ballots against alteration or mutilation. The recount will be completed within 10 days after the date it begins. The commission will, in its discretion, employ additional personnel or contract with a ballot counting agent as under 3 AAC 49.050(b) to assist in the recount.

(i) On completion of the recount the commission will certify the results by order or letter order.

(j) A utility, a cooperative, or an interested party who requested a recount and who has reason to believe an error has been made in the recount involving the question or the validity of any ballot may appeal to the superior court in accordance with AS 44.62.560 - 44.62.570 and applicable court rules governing appeals in civil matters. Appeal must be filed within 10 days after the completion of the recount and its certification. Upon order of the court, the commission will furnish the record of the recount taken, including all ballots, registers, and other election material pertaining to the election. The inquiry in the appeal will extend to the questions whether or not the commission has properly determined what ballots or marks on ballots are valid, and to which division of the question the vote should be attributed.

History: Eff. 8/14/80, Register 75

Authority: AS 42.05.151 (a)

AS 42.05.712