00 CS FOR HOUSE BILL NO. 200(JUD) 01 "An Act establishing a top two nonpartisan open primary election system for elective 02 state executive and state and national legislative offices; repealing the special runoff 03 election for the office of United States senator or United States representative; changing 04 appointment procedures relating to precinct watchers and members of precinct election 05 boards, election district absentee and questioned ballot counting boards, and the Alaska 06 Public Offices Commission; requiring certain written notices to appear in election 07 pamphlets and polling places; relating to declarations of candidacy and letters of intent; 08 amending the definition of 'political party'; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10  * Section 1. AS 15.10.120(c) is amended to read: 11 (c) An election supervisor shall appoint one nominee of the political party or  12 political group with the largest number of registered voters at the time of the  01 preceding gubernatorial election [OF WHICH THE GOVERNOR IS A MEMBER] 02 and one nominee of the political party or political group with [THAT RECEIVED] 03 the second largest number of registered voters at the time of [VOTES STATEWIDE 04 IN] the preceding gubernatorial election. However, the election supervisor may  05 appoint a qualified person registered as a member of a third political party or  06 political group or as a nonpartisan or undeclared voter if [IF] a party district 07 committee or state party central committee of the party or group with the largest  08 number of registered voters [OF WHICH THE GOVERNOR IS A MEMBER] or 09 the party or group with [THAT RECEIVED] the second largest number of registered  10 voters at the time of [VOTES STATEWIDE IN] the preceding gubernatorial election 11 fails to present the names prescribed by (b) of this section by April 15 of a regular 12 election year or at least 60 days before a special primary election [, THE ELECTION 13 SUPERVISOR MAY APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED 14 TO VOTE]. 15  * Sec. 2. AS 15.10.170 is amended to read: 16 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 17 party committee, where an organized precinct committee exists, or the party district 18 committee where no organized precinct committee exists, or the state party 19 chairperson where neither a precinct nor a party district committee exists, may appoint 20 one or more persons as watchers in each precinct and counting center for any election. 21 Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 22 more watchers for each precinct or counting center in the candidate's respective 23 district or the state for any election. Any organization or organized group that sponsors 24 or opposes an initiative, referendum, or recall may have one or more persons as 25 watchers at the polls and counting centers after first obtaining authorization from the 26 director. A state party chairperson, a precinct party committee, a party district 27 committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 28 ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 29 on duty at a time in any precinct or counting center. A watcher must be a United States 30 citizen. The watcher may be present at a position inside the place of voting or counting 31 that affords a full view of all action of the election officials taken from the time the 01 polls are opened until the ballots are finally counted and the results certified by the 02 election board or the data processing review board. The election board or the data 03 processing review board may require each watcher to present written proof showing 04 appointment by the precinct party committee, the party district committee, the 05 organization or organized group, or the candidate the watcher represents [THAT IS 06 SIGNED BY THE CHAIRPERSON OF THE PRECINCT PARTY COMMITTEE, 07 THE PARTY DISTRICT COMMITTEE, THE STATE PARTY CHAIRPERSON, 08 THE ORGANIZATION OR ORGANIZED GROUP, OR THE CANDIDATE 09 REPRESENTING NO PARTY]. 10 (b) In addition to the watchers appointed under (a) of this section, in a primary 11 election or [,] special primary election or special election under AS 15.40.140, [OR 12 SPECIAL RUNOFF ELECTION UNDER AS 15.40.141,] each candidate may 13 appoint one watcher in each precinct and counting center. 14  * Sec. 3. AS 15.13.020(b) is amended to read: 15 (b) The governor shall appoint two members of each of the two political 16 parties or political groups with the largest number of registered voters at the time  17 of [WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE HIGHEST 18 NUMBER OF VOTES IN] the most recent preceding general election at which a 19 governor was elected. The two appointees from each of these two parties or groups 20 shall be chosen from a list of four names to be submitted by the central committee of 21 each party or group. 22  * Sec. 4. AS 15.13.020(d) is amended to read: 23 (d) Members of the commission serve staggered terms of five years, or until a 24 successor is appointed and qualifies. The terms of no two members who are members 25 of the same political party or political group may expire in consecutive years. A 26 member may not serve more than one term. However, a person appointed to fill the 27 unexpired term of a predecessor may be appointed to a successive full five-year term. 28  * Sec. 5. AS 15.13.074(c) is amended to read: 29 (c) A person or group may not make a contribution 30 (1) to a candidate or an individual who files with the commission the 31 document necessary to permit that individual to incur certain election-related expenses 01 as authorized by AS 15.13.100 when the office is to be filled at a general election 02 before the date that is 18 months before the general election; 03 (2) to a candidate or an individual who files with the commission the 04 document necessary to permit that individual to incur certain election-related expenses 05 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 06 municipal election before the date that is 18 months before the date of the regular 07 municipal election or that is before the date of the proclamation of the special election 08 at which the candidate or individual seeks election to public office; or 09 (3) to any candidate later than the 45th day 10 (A) after the date of the primary or special primary election if 11 the candidate was [ON THE BALLOT AND WAS] not chosen to appear on  12 the general or special election ballot [NOMINATED] at the primary or  13 special primary election; or 14 (B) after the date of the general or special election, or after the 15 date of a municipal or municipal runoff election. 16  * Sec. 6. AS 15.13.110(f) is amended to read: 17 (f) During the year in which the election is scheduled, each of the following 18 shall file the campaign disclosure reports in the manner and at the times required by 19 this section: 20 (1) a person who, under the regulations adopted by the commission to 21 implement AS 15.13.100, indicates an intention to become a candidate for elective 22 state executive or legislative office; 23 (2) [A PERSON WHO HAS FILED A NOMINATING PETITION 24 UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 25 GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE 26 OFFICE; 27 (3)] a person who campaigns as a write-in candidate for elective state 28 executive or legislative office at the general election; and 29 (3) [(4)] a group or nongroup entity that receives contributions or 30 makes expenditures on behalf of or in opposition to a person described in (1) or (2) 31 [(1) - (3)] of this subsection, except as provided for certain independent expenditures 01 by nongroup entities in AS 15.13.135(a). 02  * Sec. 7. AS 15.13.400(4) is amended to read: 03 (4) "contribution" 04 (A) means a purchase, payment, promise or obligation to pay, 05 loan or loan guarantee, deposit or gift of money, goods, or services for which 06 charge is ordinarily made, and includes the payment by a person other than a 07 candidate or political party, or compensation for the personal services of 08 another person, that is rendered to the candidate or political party, and that is 09 made for the purpose of 10 (i) influencing the nomination or election of a 11 candidate; 12 (ii) influencing a ballot proposition or question; or 13 (iii) supporting or opposing an initiative proposal 14 application filed with the lieutenant governor under AS 15.45.020; 15 (B) does not include 16 (i) services provided without compensation by 17 individuals volunteering a portion or all of their time on behalf of a 18 political party, candidate, or ballot proposition or question; 19 (ii) ordinary hospitality in a home; 20 (iii) two or fewer mass mailings before each election by 21 each political party describing members of the party running as  22 candidates for public office in that election [THE PARTY'S SLATE 23 OF CANDIDATES FOR ELECTION], which may include 24 photographs, biographies, and information about the [PARTY'S] 25 candidates; 26 (iv) the results of a poll limited to issues and not 27 mentioning any candidate, unless the poll was requested by or designed 28 primarily to benefit the candidate; 29 (v) any communication in the form of a newsletter from 30 a legislator to the legislator's constituents, except a communication 31 expressly advocating the election or defeat of a candidate or a 01 newsletter or material in a newsletter that is clearly only for the private 02 benefit of a legislator or a legislative employee; 03 (vi) a fundraising list provided without compensation 04 by one candidate or political party to a candidate or political party; or 05 (vii) an opportunity to participate in a candidate forum 06 provided to a candidate without compensation to the candidate by 07 another person and for which a candidate is not ordinarily charged; 08  * Sec. 8. AS 15.15 is amended by adding a new section to read: 09 Sec. 15.15.005. Top two nonpartisan open primary. A voter qualified under 10 AS 15.05 may cast a vote for any candidate for each elective state executive and state 11 and national legislative office, without limitations based on the political party or 12 political group affiliation of either the voter or the candidate. 13  * Sec. 9. AS 15.15.030(5) is amended to read: 14 (5) The names of the candidates [AND THEIR PARTY 15 DESIGNATIONS] shall be placed in separate sections on the state general election 16 ballot under the office designation to which they were nominated. If a candidate is  17 registered as affiliated with a political party or political group, the [THE] party 18 affiliation, if any, may [SHALL] be designated after the name of the candidate, upon  19 request of the candidate. If a candidate has requested designation as nonpartisan  20 or undeclared, that designation shall be placed after the name of the candidate. If  21 a candidate is not registered as affiliated with a party or group and has not  22 requested to be designated as nonpartisan or undeclared, the candidate shall be  23 designated as undeclared. The lieutenant governor and the governor shall be 24 included under the same section. Provision shall be made for voting for write-in [AND 25 NO-PARTY] candidates within each section. Paper ballots for the state general 26 election shall be printed on white paper. 27  * Sec. 10. AS 15.15.030 is amended by adding new paragraphs to read: 28 (14) The director shall include the following statement on the ballot: 29 A candidate's designated affiliation does not imply that the 30 candidate is nominated or endorsed by the political party or group or 31 that the party or group approves of or associates with that candidate, 01 but only that the candidate is registered as affiliated with the party or 02 group. 03 (15) Instead of the statement provided by (14) of this section, when 04 candidates for President and Vice-President of the United States appear on a general 05 election ballot, the director shall include the following statement on the ballot: 06 A candidate's designated affiliation does not imply that the 07 candidate is nominated or endorsed by the political party or group or 08 that the party or group approves of or associates with that candidate, 09 but only that the candidate is registered as affiliated with the party or 10 group. The election for President and Vice-President of the United 11 States is different. Some candidates for President and Vice-President 12 are the official nominees of their political party. 13  * Sec. 11. AS 15.15.060 is amended by adding a new subsection to read:  14 (e) In each polling place, the director shall require to be posted, in a location 15 conspicuous to a person who will be voting, the following notice, written in bold: 16 A candidate's designated affiliation does not imply that the 17 candidate is nominated or endorsed by the political party or group or 18 that the party or group approves of or associates with that candidate, 19 but only that the candidate is registered as affiliated with the party or 20 group. 21  * Sec. 12. AS 15.20.081(a) is amended to read: 22 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 23 or other electronic transmission to the director for an absentee ballot under this 24 section. Another individual may apply for an absentee ballot on behalf of a qualified 25 voter if that individual is designated to act on behalf of the voter in a written general 26 power of attorney or a written special power of attorney that authorizes the other 27 individual to apply for an absentee ballot on behalf of the voter. The application must 28 include the address or, if the application requests delivery of an absentee ballot by 29 electronic transmission, the telephone electronic transmission number, to which the 30 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 31 applicant's signature. However, a person residing outside the United States and 01 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 02 not include an Alaska residence address in the application. A person may supply to a 03 voter an absentee ballot application form with a political party or group affiliation 04 indicated only if the voter is already registered as affiliated with the political party or 05 group indicated. Only the voter or the individual designated by the voter in a written 06 power of attorney under this subsection may mark the voter's choice of primary ballot 07 on an application. A person supplying an absentee ballot application form may not 08 design or mark the application in a manner that suggests choice of one ballot over 09 another, except that ballot choices may be listed on an application as authorized by the 10 division. The application must be made on a form prescribed or approved by the 11 director. The voter or registration official shall submit the application directly to the 12 division of elections. For purposes of this subsection, "directly to the division of 13 elections" means that an application may not be submitted to any intermediary that 14 could control or delay the submission of the application to the division or gather data 15 on the applicant from the application form. However, nothing in this subsection is 16 intended to prohibit a voter from giving a completed absentee ballot application to a 17 friend, relative, or associate for transfer to the United States Postal Service or a private 18 commercial delivery service for delivery to the division. 19  * Sec. 13. AS 15.20.081(h) is amended to read: 20 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 21 from outside the United States or from an overseas voter qualifying under 22 AS 15.05.011 that has been marked and mailed not later than election day may not be 23 counted unless the ballot is received by the election supervisor not later than the close 24 of business on the 25 (1) 10th day following a primary election or special primary election 26 under AS 15.40.140; or 27 (2) 15th day following a general election [, SPECIAL RUNOFF 28 ELECTION,] or special election, other than a special primary election described in 29 (1) of this subsection. 30  * Sec. 14. AS 15.20.190(a) is amended to read: 31 (a) Thirty days before the date of an election, the election supervisors shall 01 appoint, in the same manner provided for the appointment of election officials 02 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 03 ballot counting boards, each composed of at least four members. At least one member 04 of each board must be a member of the same political party or political group with  05 the largest number of registered voters at the time of the preceding gubernatorial  06 election [OF WHICH THE GOVERNOR IS A MEMBER], and at least one member 07 of each board must be a member of the political party or political group with the  08 second largest number of registered voters at the time of [WHOSE CANDIDATE 09 FOR GOVERNOR RECEIVED THE SECOND LARGEST NUMBER OF VOTES 10 IN] the preceding gubernatorial election. The district boards shall assist the election 11 supervisors in counting the absentee and questioned ballots and shall receive the same 12 compensation paid election officials under AS 15.15.380. 13  * Sec. 15. AS 15.20.203(i) is amended to read: 14 (i) The director shall mail the materials described in (h) of this section to the 15 voter not later than 16 (1) 10 days after completion of the review of ballots by the state 17 review board for a primary election [,] or [FOR] a special primary election under 18 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 19 (2) 60 days after certification of the results of a general election [, 20 SPECIAL RUNOFF ELECTION,] or special election other than a special primary 21 election described in (1) of this subsection. 22  * Sec. 16. AS 15.20.203(j) is amended to read: 23 (j) The director shall make available through a free access system to each 24 absentee voter a system to check to see whether the voter's ballot was counted and, if 25 not counted, the reason why the ballot was not counted. The director shall make this 26 information available through the free access system not less than 27 (1) 10 days after certification of the results of a primary election [,] or 28 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 29 SPECIAL RUNOFF ELECTION]; and 30 (2) 30 days after certification of the results of a general or special 31 election, other than a special primary election described in (1) of this subsection. 01  * Sec. 17. AS 15.20.207(i) is amended to read: 02 (i) The director shall mail the materials described in (h) of this section to the 03 voter not later than 04 (1) 10 days after completion of the review of ballots by the state 05 review board for a primary election [,] or [FOR] a special primary election under 06 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 07 (2) 60 days after certification of the results of a general or special 08 election, other than a special primary election described in (1) of this subsection. 09  * Sec. 18. AS 15.20.207(k) is amended to read: 10 (k) The director shall make available through a free access system to each 11 voter voting a questioned ballot a system to check to see whether the voter's ballot was 12 counted and, if not counted, the reason why the ballot was not counted. The director 13 shall make this information available through the free access system not less than 14 (1) 10 days after certification of the results of a primary election [,] or 15 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 16 SPECIAL RUNOFF ELECTION]; and 17 (2) 30 days after [THE] certification of the results of a general or 18 special election, other than a special primary election described in (1) of this 19 subsection. 20  * Sec. 19. AS 15.20.211(d) is amended to read: 21 (d) The director shall mail the materials described in (c) of this section to the 22 voter not later than 23 (1) 10 days after completion of the review of ballots by the state 24 review board for a primary election [,] or [FOR] a special primary election under 25 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 26 (2) 60 days after certification of the results of a general or special 27 election, other than a special primary election described in (1) of this subsection. 28  * Sec. 20. AS 15.20.211(f) is amended to read: 29 (f) The director shall make available through a free access system to each 30 voter whose ballot was subject to partial counting under this section a system to check 31 to see whether the voter's ballot was partially counted and, if not counted, the reason 01 why the ballot was not counted. The director shall make this information available 02 through the free access system not less than 03 (1) 10 days after certification of the results of a primary election [,] or 04 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 05 SPECIAL RUNOFF ELECTION]; and 06 (2) 30 days after [THE] certification of the results of a general or 07 special election, other than a special primary election described in (1) of this 08 subsection. 09  * Sec. 21. AS 15.25.010 is amended to read: 10 Sec. 15.25.010. Provision for primary election. Candidates for the elective 11 state executive and state and national legislative offices shall be nominated in a 12 primary election by direct vote of the people in the manner prescribed by this chapter. 13 The primary election does not serve to determine the nominee of a political party  14 or political group but serves only to narrow the number of candidates whose  15 names will appear on the ballot at the general election. Except as provided in  16 AS 15.25.100(d), only the two candidates who receive the greatest number of  17 votes and the second greatest number of votes for any office shall advance to the  18 general election [THE DIRECTOR SHALL PREPARE AND PROVIDE A 19 PRIMARY ELECTION BALLOT FOR EACH POLITICAL PARTY. A VOTER 20 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY MAY VOTE 21 THAT PARTY'S BALLOT. A VOTER REGISTERED AS NONPARTISAN OR 22 UNDECLARED RATHER THAN AS AFFILIATED WITH A PARTICULAR 23 POLITICAL PARTY MAY VOTE THE POLITICAL PARTY BALLOT OF THE 24 VOTER'S CHOICE UNLESS PROHIBITED FROM DOING SO UNDER 25 AS 15.25.014. A VOTER REGISTERED AS AFFILIATED WITH A POLITICAL 26 PARTY MAY NOT VOTE THE BALLOT OF A DIFFERENT POLITICAL PARTY 27 UNLESS PERMITTED TO DO SO UNDER AS 15.25.014]. 28  * Sec. 22. AS 15.25.030(a) is amended to read: 29 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 30 candidate [OF THE PARTY] in the primary election or a special primary election 31 shall execute and file a declaration of candidacy. The declaration shall be executed 01 under oath before an officer authorized to take acknowledgments and must state in 02 substance 03 (1) the full name of the candidate; 04 (2) the full mailing address of the candidate; 05 (3) if the candidacy is for the office of state senator or state 06 representative, the house or senate district of which the candidate is a resident; 07 (4) the office for which the candidate seeks nomination; 08 (5) the [NAME OF THE] political party or political group with  09 whom the candidate is registered as affiliated, or whether the candidate would  10 prefer a nonpartisan or undeclared designation placed after the candidate's name  11 on the ballot [OF WHICH THE PERSON IS A CANDIDATE FOR 12 NOMINATION]; 13 (6) the full residence address of the candidate, and the date on which 14 residency at that address began; 15 (7) the date of the primary election or special primary election at 16 which the candidate seeks nomination; 17 (8) the length of residency in the state and in the district of the 18 candidate; 19 (9) that the candidate will meet the specific citizenship requirements of 20 the office for which the person is a candidate; 21 (10) that the candidate is a qualified voter as required by law; 22 (11) that the candidate will meet the specific age requirements of the 23 office for which the person is a candidate; if the candidacy is for the office of state 24 representative, that the candidate will be at least 21 years of age on the first scheduled 25 day of the first regular session of the legislature convened after the election; if the 26 candidacy is for the office of state senator, that the candidate will be at least 25 years 27 of age on the first scheduled day of the first regular session of the legislature convened 28 after the election; if the candidacy is for the office of governor or lieutenant governor, 29 that the candidate will be at least 30 years of age on the first Monday in December 30 following election or, if the office is to be filled by special election under 31 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 01 date of certification of the results of the special election; or, for any other office, by 02 the time that the candidate, if elected, is sworn into office; 03 (12) that the candidate requests that the candidate's name be placed on 04 the primary or special primary election ballot; 05 (13) that the required fee accompanies the declaration; 06 (14) that the person is not a candidate for any other office to be voted 07 on at the primary or general election and that the person is not a candidate for this 08 office under any other declaration of candidacy or nominating petition; 09 (15) the manner in which the candidate wishes the candidate's name to 10 appear on the ballot; and 11 (16) that the candidate is registered to vote as a member of the political 12 party whose nomination is being sought. 13  * Sec. 23. AS 15.25.060 is repealed and reenacted to read: 14 Sec. 15.25.060. Preparation and distribution of ballots. The primary 15 election ballots shall be prepared and distributed by the director in the manner 16 prescribed for general election ballots except as specifically provided otherwise for the 17 primary election. The director shall prepare and provide a primary election ballot that 18 contains all of the candidates for elective state executive and state and national 19 legislative offices and all of the ballot titles and propositions required to appear on the 20 ballot at the primary election. The director shall print the ballots on white paper and 21 place the names of all candidates who have properly filed in groups according to 22 offices. The order of the placement of the names for each office shall be as provided 23 for the general election ballot. Blank spaces may not be provided on the ballot for the 24 writing or pasting in of names. 25  * Sec. 24. AS 15.25.100 is repealed and reenacted to read: 26 Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 27 the names of candidates that appear on the primary election ballot under 28 AS 15.25.010, the director shall place on the general election ballot only the names of 29 the candidates receiving the greatest number of votes and the second greatest number 30 of votes for an office, except as provided in (b) - (g) of this section. 31 (b) If two candidates tie 01 (1) in having the greatest number of votes for an office in the primary 02 election, the director shall place only the names of those two candidates for that office 03 on the general election ballot; 04 (2) in having the second greatest number of votes for an office in the 05 primary election, the director shall determine under (g) of this section which 06 candidate's name shall appear on the general election ballot. 07 (c) Subject to (d) and (e) of this section, for the office of lieutenant governor, 08 the director shall place on the general election ballot, together with the name of the 09 candidate for governor who received 10 (1) the greatest number of votes in the primary election, the name of 11 either the candidate for lieutenant governor receiving the greatest number of votes or 12 the candidate for lieutenant governor receiving the second greatest number of votes, 13 whichever the candidate for governor chooses to run with jointly; and 14 (2) the second greatest number of votes in the primary election, the 15 name of either the candidate for lieutenant governor receiving the greatest number of 16 votes or the candidate for lieutenant governor receiving the second greatest number of 17 votes, whichever was not chosen to run jointly with the candidate for governor who 18 received the greatest number of votes. 19 (d) If a candidate whose name is placed on the general election ballot under 20 this section dies, withdraws, resigns, becomes disqualified from holding the office for 21 which the candidate is nominated, or is certified as being incapacitated under (f) of 22 this section after the primary election and 64 days or more before the general election, 23 the director may not place the candidate's name on the general election ballot and shall 24 instead place the name of the candidate, in order of priority, who 25 (1) tied in having the second greatest number of votes at the primary 26 election; or 27 (2) received the third greatest number of votes for the office at the 28 primary election. 29 (e) If a candidate for governor or lieutenant governor is replaced under (d) of 30 this section, the candidate for governor who received the greatest number of votes in 31 the primary election may choose which of the eligible candidates for lieutenant 01 governor to run with jointly. The director shall place on the general election ballot the 02 name of the candidate for governor who received the greatest number of votes with the 03 name of the candidate for lieutenant governor selected by that candidate for governor, 04 and shall place the name of the other eligible candidate for lieutenant governor with 05 the name of the other eligible candidate for governor. 06 (f) For a candidate to be certified as incapacitated under (d) of this section, a 07 panel of three licensed physicians, not more than two of whom may be of the same 08 party, shall provide the director with a sworn statement that the candidate is physically 09 or mentally incapacitated to an extent that would, in the panel's judgment, prevent the 10 candidate from active service during the term of office if elected. 11 (g) If the director is unable to make a determination under this section because 12 the candidates received an equal number of votes, the determination may be made by 13 lot under AS 15.20.530. 14  * Sec. 25. AS 15.25.105(a) is amended to read: 15 (a) If a candidate does not appear on the primary election ballot or is not 16 successful in advancing to the general election and wishes to be a candidate in the 17 general election, the candidate may file as a write-in candidate. Votes for a write-in 18 candidate may not be counted unless that candidate has filed a letter of intent with the 19 director stating 20 (1) the full name of the candidate; 21 (2) the full residence address of the candidate and the date on which 22 residency at that address began; 23 (3) the full mailing address of the candidate; 24 (4) the [NAME OF THE] political party or political group with whom  25 the candidate is registered as affiliated, or whether the candidate would prefer a  26 nonpartisan or undeclared designation [OF WHICH THE CANDIDATE IS A 27 MEMBER, IF ANY]; 28 (5) if the candidate is for the office of state senator or state 29 representative, the house or senate district of which the candidate is a resident; 30 (6) the office that the candidate seeks; 31 (7) the date of the election at which the candidate seeks election; 01 (8) the length of residency in the state and in the house district of the 02 candidate; 03 (9) the name of the candidate as the candidate wishes it to be written 04 on the ballot by the voter; 05 (10) that the candidate meets the specific citizenship requirements of 06 the office for which the person is a candidate; 07 (11) that the candidate will meet the specific age requirements of the 08 office for which the person is a candidate; if the candidacy is for the office of state 09 representative, that the candidate will be at least 21 years of age on the first scheduled 10 day of the first regular session of the legislature convened after the election; if the 11 candidacy is for the office of state senator, that the candidate will be at least 25 years 12 of age on the first scheduled day of the first regular session of the legislature convened 13 after the election; if the candidacy is for the office of governor or lieutenant governor, 14 that the candidate will be at least 30 years of age on the first Monday in December 15 following election or, if the office is to be filled by special election under 16 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 17 date of certification of the results of the special election; or, for any other office, by 18 the time that the candidate, if elected, is sworn into office; 19 (12) that the candidate is a qualified voter as required by law; and 20 (13) that the candidate is not a candidate for any other office to be 21 voted on at the general election and that the candidate is not a candidate for this office 22 under any other nominating petition or declaration of candidacy. 23  * Sec. 26. AS 15.25.105(b) is amended to read: 24 (b) If a write-in candidate is running for the office of governor, the candidate 25 must file a joint letter of intent together with a candidate for lieutenant governor. 26 [BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 27 GROUP.] 28  * Sec. 27. AS 15.40.140 is amended to read: 29 Sec. 15.40.140. Condition of calling special primary election and special  30 election. When a vacancy occurs in the office of United States senator or United 31 States representative, the governor shall, by proclamation, call a special primary 01 election to be held on a date not less than 60, nor more than 90, days after the  02 date the vacancy occurs, to be followed by a special election on the first Tuesday  03 that is not a state holiday occurring not less than 60 days after the special  04 primary election [UNDER AS 15.40.142(a)]. However, in an election year in which  05 a candidate for that office is not regularly elected, if the vacancy occurs on a date 06 that is not less than 60, nor more than 90, days before [OR IS ON OR AFTER] the 07 date of 08 (1) the primary election, the [IN THE GENERAL ELECTION YEAR 09 DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 10 ELECTED, THE GOVERNOR MAY NOT CALL A] special primary election shall  11 be held on the date of the primary election with the subsequent special election to  12 be held on the date of the general election; or  13 (2) the general election, the special primary election shall be held  14 on the date of the general election with the subsequent special election to be held  15 on the first Tuesday that is not a state holiday occurring not less than 60 days  16 after the special primary and general election. 17  * Sec. 28. AS 15.40.160 is amended to read: 18 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 19 calling the special primary election and special election at least 50 days before the 20 [(1)] special primary election [; AND 21 (2) IF A SPECIAL RUNOFF ELECTION IS REQUIRED UNDER 22 AS 15.40.141(a), SPECIAL RUNOFF ELECTION]. 23  * Sec. 29. AS 15.40.165 is amended to read: 24 Sec. 15.40.165. Term of elected senator. At the special election, [OR, AS 25 PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a United 26 States senator shall be elected to fill the remainder of the unexpired term. The person 27 elected shall take office on the date the United States Senate meets, convenes, or 28 reconvenes following the certification of the results of the special election [OR 29 SPECIAL RUNOFF ELECTION] by the director. 30  * Sec. 30. AS 15.40.170 is amended to read: 31 Sec. 15.40.170. Term of elected representative. At the special election, [OR, 01 AS PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a 02 United States representative shall be elected to fill the remainder of the unexpired 03 term. The person elected shall take office on the date the United States house of 04 representatives meets, convenes, or reconvenes following the certification of the 05 results of the special election [OR SPECIAL RUNOFF ELECTION] by the director. 06  * Sec. 31. AS 15.40.190 is amended to read: 07 Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates.  08 Petitions for the nomination of candidates must be executed under oath and [NOT 09 REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 10 VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 11 OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING 12 GENERAL ELECTION AND SHALL] state in substance that which is required for a  13 declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 14 AS 15.25.180]. 15  * Sec. 32. AS 15.40.220 is amended to read: 16 Sec. 15.40.220. General provisions for conduct of the special primary  17 election and special [RUNOFF] election. Unless specifically provided otherwise, all 18 provisions regarding the conduct of the primary election and general election shall 19 govern the conduct of the special primary election and [THE] special [RUNOFF] 20 election of the United States senator or United States representative, including 21 provisions concerning voter qualifications; provisions regarding the duties, powers, 22 rights, and obligations of the director, of other election officials, and of municipalities; 23 provision for notification of the election; provision for payment of election expenses; 24 provisions regarding employees being allowed time from work to vote; provisions for 25 the counting, reviewing, and certification of returns; [PROVISION FOR RUNNING 26 AS, VOTING FOR, AND COUNTING BALLOTS FOR A WRITE-IN 27 CANDIDATE;] provisions for the determination of the votes and of recounts, 28 contests, and appeal; and provision for absentee voting. 29  * Sec. 33. AS 15.40.230 is amended to read: 30 Sec. 15.40.230. Condition and time of calling special primary election and  31 special election. When a person appointed to succeed to the office of lieutenant 01 governor succeeds to the office of acting governor, the acting governor shall, by 02 proclamation, call a special primary election to be held on a date not less than 60, nor 03 more than 90, days after the date the vacancy in the office of the governor occurred 04 and a subsequent special election to be held on the first Tuesday that is not a state  05 holiday occurring not less than 60 days after the special primary election. 06 However, if the vacancy occurs on a date that is less than 60 days before or is on or 07 after the date of the primary election in years in which a governor is regularly elected, 08 the acting governor shall serve the remainder of the unexpired term and may not call a 09 special election. 10  * Sec. 34. AS 15.40.240 is amended to read: 11 Sec. 15.40.240. Conditions for holding special primary election and special  12 election with primary or general election. If the vacancy occurs on a date not less 13 than 60, nor more than 90, days before the date of the primary election in an election  14 year in which a governor is not regularly elected, the acting governor shall, by  15 proclamation, call the special primary election to be held on the date of the  16 primary election and the special election to be held on the date of the general  17 election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 18 if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 19 of the [PRIMARY ELECTION OR] general election in election years in which a 20 governor is not regularly elected, the acting governor shall, by proclamation, call the 21 special primary election to be held on the date of the [PRIMARY ELECTION OR] 22 general election with the subsequent special election to be held on the first  23 Tuesday that is not a state holiday occurring not less than 60 days after the  24 special primary and general election. 25  * Sec. 35. AS 15.40.250 is amended to read: 26 Sec. 15.40.250. Proclamation of special primary election and special  27 election. The acting governor shall issue the proclamation calling the special  28 primary election and special election at least 50 days before the special primary 29 election. 30  * Sec. 36. AS 15.40.280 is amended to read: 31 Sec. 15.40.280. Requirements of petition for [NO-PARTY] candidates.  01 Petitions for the nomination of candidates must [NOT REPRESENTING A 02 POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 03 STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 04 OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 05 ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 06 AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 07 required for a declaration of candidacy under AS 15.25.030 and pay the fee  08 required under AS 15.25.050(a) [NOMINATION PETITIONS BY AS 15.25.180]. 09  * Sec. 37. AS 15.40.310 is amended to read: 10 Sec. 15.40.310. General provisions for conduct of the special primary  11 election and special election. Unless specifically provided otherwise, all provisions 12 regarding the conduct of the primary and general election shall govern the conduct of 13 the special primary election and special election of the governor and lieutenant 14 governor, including provisions concerning voter qualifications; provisions regarding 15 the duties, powers, rights, and obligations of the director, of other election officials, 16 and of municipalities; provision for notification of the election; provision for payment 17 of election expenses; provisions regarding employees being allowed time from work 18 to vote; provisions for the counting, reviewing, and certification of returns; provisions 19 for the determination of the votes and of recounts, contests, and appeal; and provision 20 for absentee voting. 21  * Sec. 38. AS 15.40.330 is amended to read: 22 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 23 appointee shall meet the qualifications of a member of the legislature as prescribed in 24 Sec. 2, art. II, of the state constitution, and, if the predecessor in office was a  25 member of a political party or political group at the time of the vacancy, (1) shall 26 be a member of the same political party or political group as [THAT WHICH 27 NOMINATED] the predecessor in office; [,] and (2) shall be subject to confirmation 28 by a majority of the members of the legislature who are members of the same political 29 party or political group as [WHICH NOMINATED] the predecessor in office and of 30 the same house as was the predecessor in office. If the predecessor in office was not a  31 member of [NOMINATED BY] a political party or political group at the time of  01 the vacancy or, if no other member of the predecessor's political party or political  02 group is a member of the predecessor's house of the legislature, the governor may 03 appoint any qualified person. If the appointee is not a member of a political party or  04 political group, as provided in (b) of this section, the appointment is not subject to 05 confirmation. If the appointee is a member of a political party or political group, the 06 appointment is subject to confirmation as provided by (b) of this section for the 07 confirmation of political party or political group appointees. 08 (b) A member of a political party or political group is a person who supports 09 the political program of a political party or political group. The absence of a  10 political party or political group designation after a candidate's name on an  11 election ballot [FILING FOR OFFICE OF A CANDIDATE AS AN INDEPENDENT 12 OR NO-PARTY CANDIDATE] does not preclude a candidate from being a member 13 of a political party or political group. Recognition of a [AN INDEPENDENT OR 14 NO-PARTY] candidate as a member of a political party or political group caucus of 15 members of the legislature at the legislative session following the election of the 16 [INDEPENDENT OR NO-PARTY] candidate is recognition of that person's political 17 party or political group membership for the purposes of confirmation under this  18 section [AT THE TIME FILINGS WERE MADE BY PARTY CANDIDATES FOR 19 THE PRECEDING GENERAL ELECTION]. 20  * Sec. 39. AS 15.40.380 is amended to read: 21 Sec. 15.40.380. Conditions for part-term senate appointment and special  22 election. If the vacancy is for an unexpired senate term of more than two years and 23 five full calendar months, the governor shall call a special primary election and a  24 special election by proclamation, and the appointment shall expire on the date the 25 state senate first convenes or reconvenes following the certification of the results of 26 the special election by the director. 27  * Sec. 40. AS 15.40.390 is amended to read: 28 Sec. 15.40.390. Date of special primary election and special election. The 29 special primary election to fill a vacancy in the state senate shall be held on the date 30 of the first primary [GENERAL] election held more than 60 days [THREE FULL 31 CALENDAR MONTHS] after the senate vacancy occurs, and the special election  01 shall be held on the date of the first general election thereafter. 02  * Sec. 41. AS 15.40.400 is amended to read: 03 Sec. 15.40.400. Proclamation of special primary election and special  04 election. The governor shall issue the proclamation calling the special primary  05 election and special election at least 50 days before the special primary election. 06  * Sec. 42. AS 15.40.440 is amended to read: 07 Sec. 15.40.440. Requirements of petition for [NO-PARTY] candidates.  08 Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 09 PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 10 AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 11 BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 12 DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 13 PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 14 DISTRICT, AND] must state in substance that which is required in a declaration of  15 candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 16 AS 15.25.180]. 17  * Sec. 43. AS 15.40.470 is amended to read: 18 Sec. 15.40.470. General provision for conduct of the special primary  19 election and special election. Unless specifically provided otherwise, all provisions 20 regarding the conduct of the primary election and general election shall govern the 21 conduct of the special primary election and special election of state senators, 22 including provisions concerning voter qualifications; provisions regarding the duties, 23 powers, rights, and obligations of the director, of other election officials, and of 24 municipalities; provision for notification of the election; provision for payment of 25 election expenses; provisions regarding employees being allowed time from work to 26 vote; provisions for the counting, reviewing, and certification of returns; provisions for 27 the determination of the votes and of recounts, contests, and appeal; and provision for 28 absentee voting. 29  * Sec. 44. AS 15.45.190 is amended to read: 30 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 31 direct the director to place the ballot title and proposition on the election ballot of the 01 first statewide general, special, special primary [RUNOFF], or primary election that 02 is held after 03 (1) the petition has been filed; 04 (2) a legislative session has convened and adjourned; and 05 (3) a period of 120 days has expired since the adjournment of the 06 legislative session. 07  * Sec. 45. AS 15.45.420 is amended to read: 08 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 09 direct the director to place the ballot title and proposition on the election ballot for the 10 first statewide general, special, special primary [RUNOFF], or primary election held 11 more than 180 days after adjournment of the legislative session at which the act was 12 passed. 13  * Sec. 46. AS 15.58.010 is amended to read: 14 Sec. 15.58.010. Election pamphlet. Before each state general election, and 15 before each state primary, special, or special primary [RUNOFF] election at which a 16 ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 17 prepare, publish, and mail at least one election pamphlet to each household identified 18 from the official registration list. The pamphlet shall be prepared on a regional basis as 19 determined by the lieutenant governor. 20  * Sec. 47. AS 15.58.020(a) is amended by adding a new paragraph to read: 21 (13) the following statement written in bold in a conspicuous location: 22 In each race, you may vote for any candidate listed. If a primary 23 election was held for a state office, United States senator, or United 24 States representative, the two candidates who received the most votes 25 for the office in the primary advanced to the general election. However, 26 if one of the two candidates who received the most votes for an office 27 at the primary election died, withdrew, resigned, was disqualified, or 28 was certified as incapacitated 64 days or more before the general 29 election, the candidate who received the third most votes for the office 30 advanced to the general election. 31 Each candidate may designate the political party or political 01 group that the candidate is registered as affiliated with. A candidate's 02 political party or political group designation on a ballot does not imply 03 that the candidate is nominated or endorsed by the party or political 04 group or that the party or group approves of or associates with that 05 candidate. 06  * Sec. 48. AS 15.58.020(b) is amended to read: 07 (b) Each primary, special, or special primary [RUNOFF] election pamphlet 08 shall contain only the information specified in (a)(6) and (a)(9) of this section for each 09 ballot measure scheduled to appear on the primary, special, or special primary 10 [RUNOFF] election ballot. 11  * Sec. 49. AS 15.58.020 is amended by adding a new subsection to read: 12 (c) Notwithstanding (a) of this section, if a pamphlet is prepared and published 13 under AS 15.58.010 for a 14 (1) primary election, the pamphlet must contain the following 15 statement written in bold in a conspicuous location, instead of the statement provided 16 by (a)(13) of this section: 17 In each race, you may vote for any candidate listed. The two 18 candidates who receive the most votes for a state office, United States 19 senator, or United States representative will advance to the general 20 election. However, if, after the primary election and 64 days or more 21 before the general election, one of the two candidates who received the 22 most votes for an office at the primary election dies, withdraws, 23 resigns, is disqualified, or is certified as incapacitated, the candidate 24 who received the third most votes for the office will advance to the 25 general election. 26 Each candidate may designate the political party or political 27 group that the candidate is registered as affiliated with. A candidate's 28 political party or political group designation on a ballot does not imply 29 that the candidate is nominated or endorsed by the party or group or 30 that the party or group approves of or associates with that candidate; 31 (2) a special primary election, the pamphlet must contain the following 01 statement written in bold in a conspicuous location, instead of the statement provided 02 by (a)(13) of this section: 03 In each race, you may vote for any candidate listed. The two 04 candidates who receive the most votes for a state office or United 05 States senator will advance to the special election. However, if, after 06 the special primary election and 64 days or more before the special 07 election, one of the two candidates who received the most votes for a 08 state office or United States senator at the primary election dies, 09 withdraws, resigns, is disqualified, or is certified as incapacitated, the 10 candidate who received the third most votes for the office will advance 11 to the general election. 12 Each candidate may designate the political party or political 13 group that the candidate is registered as affiliated with. A candidate's 14 political party or political group designation on a ballot does not imply 15 that the candidate is nominated or endorsed by the party or group or 16 that the party or group approves of or associates with that candidate. 17  * Sec. 50. AS 15.58.030(b) is amended to read: 18 (b) Not [NO] later than July 22 of a year in which a state general election will 19 be held, an individual who becomes a candidate for the office of United States senator, 20 United States representative, governor, lieutenant governor, state senator, or state 21 representative under AS 15.25.030 [OR 15.25.180] may file with the lieutenant 22 governor a photograph and a statement advocating the candidacy. [AN INDIVIDUAL 23 WHO BECOMES A CANDIDATE FOR THE OFFICE OF UNITED STATES 24 SENATOR, UNITED STATES REPRESENTATIVE, GOVERNOR, LIEUTENANT 25 GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE BY PARTY 26 PETITION FILED UNDER AS 15.25.110 MAY FILE WITH THE LIEUTENANT 27 GOVERNOR A PHOTOGRAPH AND A STATEMENT ADVOCATING THE 28 CANDIDACY WITHIN 10 DAYS OF BECOMING A CANDIDATE.] 29  * Sec. 51. AS 15.80.008(a) is amended to read: 30 (a) A political group that the director has not recognized as a political party 31 may obtain recognized political party status if, on or before May 31 of the election 01 year for which the political group seeks recognition, the political group 02 (1) files an application with the director; and  03 (2) [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED 04 STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES 05 IN AS 15.25.014; AND 06 (3)] meets the definition of a political party in AS 15.80.010. 07  * Sec. 52. AS 15.80.010(9) is amended to read: 08 (9) "federal election" means a general, special, special primary 09 [RUNOFF], or primary election held solely or in part for the purpose of selecting, 10 nominating, or electing a candidate for the office of President, Vice-President, 11 presidential elector, United States senator, or United States representative; 12  * Sec. 53. AS 15.80.010(27) is amended to read: 13 (27) "political party" means an organized group of voters that 14 represents a political program and 15 (A) that [NOMINATED A CANDIDATE FOR GOVERNOR 16 WHO RECEIVED AT LEAST THREE PERCENT OF THE TOTAL VOTES 17 CAST FOR GOVERNOR AT THE PRECEDING GENERAL ELECTION 18 OR] has registered voters in the state equal in number to at least three percent 19 of the total votes cast for governor at the preceding general election; 20 (B) if the office of governor was not on the ballot at the 21 preceding general election but the office of United States senator was on that 22 ballot, that [NOMINATED A CANDIDATE FOR UNITED STATES 23 SENATOR WHO RECEIVED AT LEAST THREE PERCENT OF THE 24 TOTAL VOTES CAST FOR UNITED STATES SENATOR AT THAT 25 GENERAL ELECTION OR] has registered voters in the state equal in number 26 to at least three percent of the total votes cast for United States senator at that 27 general election; or 28 (C) if neither the office of governor nor the office of United 29 States senator was on the ballot at the preceding general election, that 30 [NOMINATED A CANDIDATE FOR UNITED STATES 31 REPRESENTATIVE WHO RECEIVED AT LEAST THREE PERCENT OF 01 THE TOTAL VOTES CAST FOR UNITED STATES REPRESENTATIVE 02 AT THAT GENERAL ELECTION OR] has registered voters in the state equal 03 in number to at least three percent of the total votes cast for United States 04 representative at that general election; 05  * Sec. 54. AS 39.50.020(b) is amended to read: 06 (b) A public official or former public official other than an elected or 07 appointed municipal officer shall file the statement with the Alaska Public Offices 08 Commission. Candidates for the office of governor and lieutenant governor and, if the 09 candidate is not subject to AS 24.60, the legislature shall file the statement under 10 AS 15.25.030 [OR 15.25.180]. Municipal officers, former municipal officers, and 11 candidates for elective municipal office, shall file with the municipal clerk or other 12 municipal official designated to receive their filing for office. All statements required 13 to be filed under this chapter are public records. 14  * Sec. 55. AS 15.13.110(j); AS 15.25.014, 15.25.056, 15.25.110, 15.25.120, 15.25.130, 15 15.25.140, 15.25.150, 15.25.160, 15.25.170, 15.25.180, 15.25.185, 15.25.190, 15.25.200; 16 AS 15.40.141, 15.40.142, 15.40.150, 15.40.200, 15.40.210, 15.40.290, 15.40.300, 15.40.450, 17 and 15.40.460 are repealed. 18  * Sec. 56. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 21 ELECTION SYSTEMS THROUGH ADOPTION OF A TOP TWO NONPARTISAN 22 PRIMARY. (a) For a period of not less than one full election cycle immediately following the 23 effective date of this Act, the director of elections shall, in a manner reasonably calculated to 24 educate the public, inform voters of the changes made to the state's election systems in this 25 Act. 26 (b) In this section, "election cycle" means the 24-month period commencing on 27 January 1 of odd-numbered years and ending on December 31 of even-numbered years. 28  * Sec. 57. This Act takes effect January 1, 2020.