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A. Write-in votes shall not be tallied except:

1. If the person running as a write-in candidate has, at least before 3 p.m. seven days before the election, filed a declaration of write-in candidacy on a form provided by the clerk stating that they are willing to assume the office if elected and have also filed a completed public officials financial disclosure statement with the borough clerk if applicable; and

2. If the total number of write-in votes for an office exceeds the smallest number of votes cast for a candidate for that office whose name is printed on the ballot.

B. In order to vote for a write-in candidate, the voter must, in the space provided, write in the candidate’s name as the candidate’s name appears on the candidate’s declaration of write-in candidacy filed with the borough clerk. In addition, the voter must mark the oval opposite the candidate’s name in accordance with KIBC 7.30.120(A)(1). Stickers shall not be used.

C. Write-in votes are not invalidated by writing in the name of a candidate whose name is printed on the ballot unless the election board determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot.

D. If votes for write-in candidates are counted at the precinct level, election workers shall set aside any ballots which contain any abbreviation, misspelling, or other minor variation in the form of the name of a write-in candidate and forward those ballots to the canvass board for review and determination. The canvass board shall review such ballots and shall disregard any misspelling, or other minor variation in the form of the name of a write-in candidate, if the intention of the voter can be ascertained.

E. In order to be elected, a write-in candidate must receive the number of votes required by this chapter. [Ord. FY2023-05 §2, 2022; Ord. FY2012-16 §5, 2012].