Chilkat Valley News - Serving Haines and Klukwan, Alaska since 1966

The Haines Borough Assembly has advanced to a third public hearing an ordinance to clarify borough election procedures and candidate residency requirements.

The next public hearing is scheduled for Tuesday, Dec. 14.

Borough clerk Julie Cozzi on Nov. 30 explained a few of the revisions for the ordinance’s second public hearing. Cozzi said Deborah Vogt, an attorney and former assembly member, had helped prepare the ordinance for that hearing.

"One of the things that she suggested is that we try to put in here some criteria for candidate qualifications, criteria to assist the clerk in that initial review of candidates that file for office to see if they qualify," Cozzi said.

The ordinance aims to make an earlier determination of residency, following a challenge from write-in candidate Karen Hess, that newly elected assemblyman Greg Goodman did not meet residency requirements for assembly seat "E" in the October election. Hess has appealed to Superior Court.

As of the first public hearing, the ordinance had stated candidates "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" and "at any time before the election, the clerk may disqualify any candidate whom the clerk finds is not qualified." The second public hearing added more details.

"The residency section is much clearer than, certainly, what we have on the books right now," Vogt said.

According to the ordinance, "Physical presence in the Haines Borough is not, by itself, sufficient to establish residency."

A person would be ineligible for elected borough office if he or she "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," or "disclosed in a court proceeding, affidavit, or will that the individual is a resident of a location outside of the Haines Borough" during a timeline "from the start of the candidacy qualifying year through the date of candidacy filing."

Other ways to forfeit eligibility include moving from the borough and claiming moving expenses as a deduction for federal income taxes; registering to vote and providing a physical address outside the borough; purchasing a resident hunting, fishing or trapping license outside the borough "if residency in that location was required as a condition of the license;" or obtaining "any other benefit or benefits as a result of establishing or maintaining any claim of residency in a location outside of the Haines Borough."

Vogt had suggested that Cozzi delete a reference to meeting Permanent Fund Dividend requirements to qualify as a candidate.

"The PFD requires that you have been a resident for an entire calendar year before you apply," Vogt said.

Member Jerry Lapp said the ordinance also should adjust requirements for voter eligibility. Currently, voters must have "been a resident of the borough for 30 days preceding the election."

"People can come here for 30 days and vote, move someplace else, register to vote there, be there 30 days and vote, and it just doesn’t seem like that’s right," Lapp said at an October meeting.

He had proposed a six-month residency requirement, and Lapp compromised with member Steve Vick for a 90-day benchmark.

According to the borough charter, "A person must be registered to vote in Alaska State elections at a residence address within the Haines Borough at least 30 days before the election in which the person seeks to vote."

"The right to vote is a fundamental right, and it is what triggers what the Supreme Court calls ‘strict scrutiny,’" Vogt said. "The right to run for borough assembly is not a fundamental right … but the right to vote is a fundamental right and the courts are going to look at any requirements with very, very strict scrutiny."

Lapp then said he would support a 60-day requirement. Borough manager Mark Earnest said he would ask borough attorney Brooks Chandler to see whether Lapp’s proposal aligns with the borough charter.