6 AAC 27.037 - Complaints regarding eligibility of a candidate for regional educational attendance area (REAA) and state-conducted local elections
(a) A person may
question the eligibility of a candidate who has filed a declaration of
candidacy with the director for a regional educational attendance area (REAA)
or state-conducted local election, 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 fifth 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's
review under this section is limited to the grounds cited in the complaint
related to candidate qualifications addressed in the candidate's declaration of
candidacy. The director may not consider other grounds cited in the complaint,
including grounds related to issues under the authority of the Alaska Public
Offices Commission under AS 15.13.
(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, declaration of candidacy, or nominating petition, and, 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 the candidate's 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 as
addressed in the candidate's declaration of candidacy in the absence of a
complaint.
Notes
Authority: AS 14.08.071
AS 15.05.020
AS 15.15.010
AS 15.25.030
AS 15.25.042
AS 15.25.043
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