Section 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.Eff. 8/22/2004, Register 171; am 4/25/2008, Register 186; am 10/16/2011, Register 200; am 7/11/2024, Register 251, October 2024Authority:AS 14.08.071
AS 15.05.020
AS 15.15.010
AS 15.25.030
AS 15.25.042
AS 15.25.043