00 HOUSE BILL NO. 390 01 "An Act establishing a ranked-choice primary election system for nomination to state 02 executive and state and national legislative offices; establishing a ranked-choice general 03 election system for election to state and national legislative offices; repealing the special 04 runoff election for the office of United States senator or United States representative; 05 and requiring certain written notices to appear in election pamphlets and polling 06 places." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 15.10.170(b) is amended to read: 09 (b) In addition to the watchers appointed under (a) of this section, in a primary 10 election or a [,] special election under AS 15.40.140, [OR SPECIAL RUNOFF 11 ELECTION UNDER AS 15.40.141,] each candidate may appoint one watcher in each 12 precinct and counting center. 13  * Sec. 2. AS 15.13.074(c) is amended to read: 01 (c) A person or group may not make a contribution 02 (1) to a candidate or an individual who files with the commission the 03 document necessary to permit that individual to incur certain election-related expenses 04 as authorized by AS 15.13.100 when the office is to be filled at a general election 05 before the date that is 18 months before the general election; 06 (2) to a candidate or an individual who files with the commission the 07 document necessary to permit that individual to incur certain election-related expenses 08 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 09 municipal election before the date that is 18 months before the date of the regular 10 municipal election or that is before the date of the proclamation of the special election 11 at which the candidate or individual seeks election to public office; or 12 (3) to any candidate later than the 45th day 13 (A) after the date of the primary election if the candidate was 14 [ON THE BALLOT AND WAS] not nominated at the primary election; or 15 (B) after the date of the general or special election, or after the 16 date of a municipal or municipal runoff election. 17  * Sec. 3. AS 15.15.030 is amended by adding new paragraphs to read: 18 (14) The director shall design the primary election ballots so that 19 candidates for the offices of governor and lieutenant governor, for the legislature, and 20 for the United States Congress are selected by ranked-choice voting. 21 (15) The director shall design the general and special election ballots 22 so that candidates for the 23 (A) offices of governor and lieutenant governor are selected by 24 majority vote at a general or special election; and 25 (B) legislature and United States Congress 26 are selected by ranked-choice voting. 27 (16) For those offices for which candidates are selected by ranked- 28 choice voting, the director shall design the ballot to direct the voter to mark candidates 29 in order of preference and to mark as many choices as the voter wishes, but not to 30 assign the same ranking to more than one candidate for the same office. 31 * Sec. 4. AS 15.15.350 is amended by adding new subsections to read: 01 (c) When counting ballots in a ranked-choice election, the election board shall 02 initially tabulate each validly cast ballot as one vote for the highest-ranked candidate 03 on that ballot or as an exhausted ballot. If a candidate is ranked-highest on more than 04 one-half of the tabulated ballots, that candidate is elected and the tabulation is 05 complete. Otherwise, tabulation proceeds in sequential rounds as follows: 06 (1) if two or fewer continuing candidates remain, the candidate with 07 the largest number of votes is elected and the tabulation is complete; otherwise, the 08 tabulation continues under (2) of this subsection; 09 (2) the candidate with the fewest votes is defeated, and votes cast for 10 the defeated candidate shall cease counting for the defeated candidate and shall be 11 added to the totals of each ballot's next-highest-ranked continuing candidate or 12 considered an exhausted ballot under (e) of this section for that candidate, and a new 13 round begins under (1) of this subsection. 14 (d) When counting ranked-choice election ballots, 15 (1) a ballot assigning the same ranking to more than one candidate for 16 an office shall be declared invalid when the double ranking is reached; 17 (2) if a ballot skips a ranking, then the election board shall count the 18 next ranking; and 19 (3) if there is a tie vote between continuing candidates, the procedures 20 in AS 15.15.460 and AS 15.20.430 - 15.20.530 shall be followed. 21 (e) The election board may not count an exhausted ballot for a continuing 22 candidate if the ballot 23 (1) does not contain a ranking for a continuing candidate; 24 (2) contains an overvote in the highest ranking for a continuing 25 candidate; or 26 (3) contains two or more consecutive skipped rankings before its 27 highest continuing ranking. 28 (f) In this section, 29 (1) "continuing candidate" means a candidate that has not been 30 defeated or nominated at a primary election or elected at a general or special election; 31 (2) "overvote" means the assignment by a voter of the same ranking to 01 more than one candidate; 02 (3) "ranking" or "ranked" means the number assigned by a voter to a 03 candidate to express the voter's choice for that candidate; a ranking of "1" is the 04 highest ranking, followed by "2," and then "3," and so on; 05 (4) "round" means an instance of the sequence of voting tabulation in a 06 primary or special primary election; 07 (5) "skipped ranking" means a ranking blank on a ballot on which a 08 voter has ranked another candidate at a subsequent ranking. 09 * Sec. 5. AS 15.15.360(a) is amended to read: 10 (a) The election board shall count ballots according to the following rules: 11 (1) A voter may mark a ballot only by filling in, making "X" marks, 12 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 13 plus signs that are clearly spaced in the oval opposite the name of the candidate, 14 proposition, or question that the voter desires to designate. In an election by ranked- 15 choice voting, a voter may mark a ballot that requires the voter to vote for  16 candidates in order of ranked preference by the use of Roman or Arabic  17 numbers that are clearly spaced in one of the squares opposite the name of the  18 candidate that the voter desires to designate. 19 (2) A failure to properly mark a ballot as to one or more candidates 20 does not itself invalidate the entire ballot. 21 (3) [IF A VOTER MARKS FEWER NAMES THAN THERE ARE 22 PERSONS TO BE ELECTED TO THE OFFICE, A VOTE SHALL BE COUNTED 23 FOR EACH CANDIDATE PROPERLY MARKED. 24 (4)] If a voter marks more than one name each for the offices of  25 governor or lieutenant governor at a general or special election, the voter's votes 26 [NAMES THAN THERE ARE PERSONS TO BE ELECTED TO THE OFFICE, 27 THE VOTES FOR CANDIDATES FOR THAT OFFICE] may not be counted. 28 (4) [(5)] The mark specified in (1) of this subsection shall be counted 29 only if it is substantially inside the oval provided, or touching the oval so as to indicate 30 clearly that the voter intended the particular oval to be designated. 31 (5) [(6)] Improper marks on the ballot may not be counted and do not 01 invalidate marks for candidates properly made. 02 (6) [(7)] An erasure or correction invalidates only that section of the 03 ballot in which it appears. 04 (7) [(8)] A vote marked for the candidate for President or Vice- 05 President of the United States is considered and counted as a vote for the election of 06 the presidential electors. 07 (9) [REPEALED] 08 (10) [REPEALED] 09 (11) [REPEALED] 10 (12) [REPEALED] 11 * Sec. 6. AS 15.15.370 is amended to read: 12 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 13 ballots is completed, and in no event later than the day after the election, the election 14 board shall make a certificate in duplicate of the results. The certificate includes the 15 number of votes cast for each candidate, including, for a candidate in a ranked- 16 choice election, the number of votes at each round of the ranked-choice  17 tabulation process under AS 15.15.350(c), and the number of votes for and against 18 each proposition, yes or no on each question, and any additional information 19 prescribed by the director. The election board shall, immediately upon completion of 20 the certificate or as soon thereafter as the local mail service permits, send in one sealed 21 package to the director one copy of the certificate and the register. In addition, all 22 ballots properly cast shall be mailed to the director in a separate, sealed package. Both 23 packages, in addition to an address on the outside, shall clearly indicate the precinct 24 from which they come. Each board shall, immediately upon completion of the 25 certification and as soon thereafter as the local mail service permits, send the duplicate 26 certificate to the respective election supervisor. The director may authorize election 27 boards in precincts in those areas of the state where distance and weather make mail 28 communication unreliable to forward their election results by telephone, telegram, or 29 radio. The director may authorize the unofficial totaling of votes on a regional basis by 30 election supervisors, tallying the votes as indicated on duplicate certificates. To 31 ensure [ASSURE] adequate protection, the director shall prescribe the manner in 01 which the ballots, registers, and all other election records and materials are thereafter 02 preserved, transferred, and destroyed. 03 * Sec. 7. AS 15.15.450 is amended to read: 04 Sec. 15.15.450. Certification of state ballot counting review. Upon 05 completion of the state ballot counting review for a ranked-choice election, the  06 director shall certify the person receiving the largest number of votes for the  07 office as nominated or elected, as applicable. At the general election, the director 08 shall certify the candidates for governor and lieutenant governor [PERSON] 09 receiving the highest [LARGEST] number of votes [FOR THE OFFICE FOR 10 WHICH THAT PERSON WAS A CANDIDATE] as elected to those offices [THAT 11 OFFICE] and shall certify the approval of a justice or judge not rejected by a majority 12 of the voters voting on the question. The director shall issue to the elected candidates 13 and approved justices and judges a certificate of their election or approval. The 14 director shall also certify the results of a proposition and other question except that the 15 lieutenant governor shall certify the results of an initiative, referendum, or 16 constitutional amendment. 17  * Sec. 8. AS 15.20.081(h) is amended to read: 18 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 19 from outside the United States or from an overseas voter qualifying under 20 AS 15.05.011 that has been marked and mailed not later than election day may not be 21 counted unless the ballot is received by the election supervisor not later than the close 22 of business on the 23 (1) 10th day following a primary election or special election under 24 AS 15.40.140; or 25 (2) 15th day following a general election [, SPECIAL RUNOFF 26 ELECTION,] or special election, other than a special election described in (1) of this 27 subsection. 28  * Sec. 9. AS 15.20.203(i) is amended to read: 29 (i) The director shall mail the materials described in (h) of this section to the 30 voter not later than 31 (1) 10 days after completion of the review of ballots by the state 01 review board for a primary election [,] or [FOR] a special election under AS 15.40.140 02 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 03 (2) 60 days after certification of the results of a general election [, 04 SPECIAL RUNOFF ELECTION,] or special election other than a special election 05 described in (1) of this subsection. 06  * Sec. 10. AS 15.20.203(j) is amended to read: 07 (j) The director shall make available through a free access system to each 08 absentee voter a system to check to see whether the voter's ballot was counted and, if 09 not counted, the reason why the ballot was not counted. The director shall make this 10 information available through the free access system not less than 11 (1) 10 days after certification of the results of a primary election [, OR 12 A SPECIAL ELECTION UNDER AS 15.40.140 THAT IS FOLLOWED BY A 13 SPECIAL RUNOFF ELECTION]; and 14 (2) 30 days after certification of the results of a general or special 15 election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF THIS 16 SUBSECTION]. 17  * Sec. 11. AS 15.20.207(i) is amended to read: 18 (i) The director shall mail the materials described in (h) of this section to the 19 voter not later than 20 (1) 10 days after completion of the review of ballots by the state 21 review board for a primary election [, OR FOR A SPECIAL ELECTION UNDER 22 AS 15.40.140 THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 23 (2) 60 days after certification of the results of a general or special 24 election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF THIS 25 SUBSECTION]. 26  * Sec. 12. AS 15.20.207(k) is amended to read: 27 (k) The director shall make available through a free access system to each 28 voter voting a questioned ballot a system to check to see whether the voter's ballot was 29 counted and, if not counted, the reason why the ballot was not counted. The director 30 shall make this information available through the free access system not less than 31 (1) 10 days after certification of the results of a primary election [, OR 01 A SPECIAL ELECTION UNDER AS 15.40.140 THAT IS FOLLOWED BY A 02 SPECIAL RUNOFF ELECTION]; and 03 (2) 30 days after [THE] certification of the results of a general or 04 special election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF 05 THIS SUBSECTION]. 06  * Sec. 13. AS 15.20.211(d) is amended to read: 07 (d) The director shall mail the materials described in (c) of this section to the 08 voter not later than 09 (1) 10 days after completion of the review of ballots by the state 10 review board for a primary election [, OR FOR A SPECIAL ELECTION UNDER 11 AS 15.40.140 THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 12 (2) 60 days after certification of the results of a general or special 13 election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF THIS 14 SUBSECTION]. 15  * Sec. 14. AS 15.20.211(f) is amended to read: 16 (f) The director shall make available through a free access system to each 17 voter whose ballot was subject to partial counting under this section a system to check 18 to see whether the voter's ballot was partially counted and, if not counted, the reason 19 why the ballot was not counted. The director shall make this information available 20 through the free access system not less than 21 (1) 10 days after certification of the results of a primary election [, OR 22 A SPECIAL ELECTION UNDER AS 15.40.140 THAT IS FOLLOWED BY A 23 SPECIAL RUNOFF ELECTION]; and 24 (2) 30 days after [THE] certification of the results of a general or 25 special election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF 26 THIS SUBSECTION]. 27  * Sec. 15. AS 15.25.010 is amended to read: 28 Sec. 15.25.010. Provision for primary election. Candidates for the elective 29 state executive and state and national legislative offices shall be nominated in a 30 primary election by direct vote of the people in the manner prescribed by this chapter. 31 All candidates at the primary election shall be selected by ranked-choice voting. 01 The director shall prepare and provide a primary election ballot for each political 02 party. A voter registered as affiliated with a political party may vote that party's ballot. 03 A voter registered as nonpartisan or undeclared rather than as affiliated with a 04 particular political party may vote the political party ballot of the voter's choice unless 05 prohibited from doing so under AS 15.25.014. A voter registered as affiliated with a 06 political party may not vote the ballot of a different political party unless permitted to 07 do so under AS 15.25.014. 08 * Sec. 16. AS 15.25.060 is amended by adding a new subsection to read: 09 (d) The director shall include instructions on primary election ballots directing 10 the voter to rank candidates for an office in order of preference and to rank as many 11 choices as the voter wishes, but not to assign the same ranking to more than one 12 candidate. 13 * Sec. 17. AS 15.25.100 is amended to read: 14 Sec. 15.25.100. Placement of nominees on general election ballot. The 15 director shall place the name of the candidate receiving the largest [HIGHEST] 16 number of votes for an office by a political party on the general election ballot. If two  17 candidates tie in having the largest number of votes for an office a ranked-choice  18 primary ballot, the director shall place on the general election ballot the name of  19 only one of the candidates who tied for that office, to be determined by lot under  20 AS 15.20.530. 21 * Sec. 18. AS 15.40.142(c) is amended to read: 22 (c) In an election year in which a candidate for the vacant office is not 23 regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 24 than 90, days before the date of 25 (1) the primary election, the special election shall be held on the date 26 of the primary election [WITH ANY SUBSEQUENT SPECIAL RUNOFF 27 ELECTION UNDER AS 15.40.141 TO BE HELD ON THE DATE OF THE 28 GENERAL ELECTION]; or 29 (2) the general election, the special election shall be held on the date of 30 the general election [WITH ANY SUBSEQUENT SPECIAL RUNOFF ELECTION 31 UNDER AS 15.40.141 TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A 01 STATE HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE 02 SPECIAL AND GENERAL ELECTION]. 03 * Sec. 19. AS 15.40.160 is amended to read: 04 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation at 05 least 50 days before the 06 [(1)] special election [; AND 07 (2) IF A SPECIAL RUNOFF ELECTION IS REQUIRED UNDER 08 AS 15.40.141(a), SPECIAL RUNOFF ELECTION]. 09 * Sec. 20. AS 15.40.165 is amended to read: 10 Sec. 15.40.165. Term of elected senator. At the special election, [OR, AS 11 PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a United 12 States senator shall be elected to fill the remainder of the unexpired term. The person 13 elected shall take office on the date the United States Senate meets, convenes, or 14 reconvenes following the certification of the results of the special election [OR 15 SPECIAL RUNOFF ELECTION] by the director. 16 * Sec. 21. AS 15.40.170 is amended to read: 17 Sec. 15.40.170. Term of elected representative. At the special election, [OR, 18 AS PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a 19 United States representative shall be elected to fill the remainder of the unexpired 20 term. The person elected shall take office on the date the United States house of 21 representatives meets, convenes, or reconvenes following the certification of the 22 results of the special election [OR SPECIAL RUNOFF ELECTION] by the director. 23 * Sec. 22. AS 15.58.020(a) is amended by adding a new paragraph to read: 24 (13) the following statement written in bold in a conspicuous location: 25 In each race, you may vote for any candidate listed. If 26 the race is for the offices of governor and lieutenant governor, 27 the candidates with the highest number of votes will be elected. 28 If the race is for state or national legislative office, the candidate 29 will be selected through a ranked-choice voting process and the 30 candidate with the largest number of votes will be elected. For a 31 ranked-choice election, you must rank the candidates in the 01 numerical order of your preference, ranking as many candidates 02 as you wish. Your second, third, and subsequent ranked choices 03 will be counted only if the candidate you ranked first does not 04 receive enough votes to continue on to the next round of 05 counting, so ranking a second, third, or subsequent choice will 06 not hurt your first-choice candidate. Your ballot will be counted 07 regardless of whether you choose to rank one, two, or more 08 candidates for each office, but it will not be counted if you 09 assign the same ranking to more than one candidate for the 10 same office. 11 * Sec. 23. 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 primary election, the pamphlet must contain the following 14 statement written in bold in a conspicuous location, instead of the statement provided 15 by (a)(13) of this section: 16 In each race, you may vote for any candidate listed. 17 Rank the candidates for each office in the numerical order of 18 your preference, ranking as many candidates as you wish. Your 19 second, third, and subsequent ranked choices will be counted 20 only if the candidate you ranked first does not receive enough 21 votes to continue on to the next round of counting, so ranking a 22 second, third, or subsequent choice will not hurt your first- 23 choice candidate. Your ballot will be counted regardless of 24 whether you choose to rank one, two, or more candidates for 25 each office, but it will not be counted if you assign the same 26 ranking to more than one candidate for the same office. The 27 candidate on the ballot who receives the largest number of votes 28 for a state office, United States senator, or United States 29 representative will advance to the general election. 30 * Sec. 24. AS 15.80.010 is amended by adding a new paragraph to read: 31 (46) "ranked-choice voting" means the method of casting and 01 tabulating votes at a primary or special primary election in which voters rank 02 candidates in order of preference and in which tabulation proceeds in sequential 03 rounds in which last-place candidates are defeated and the candidates with the largest 04 number of votes and the second-largest number of votes are nominated to appear on 05 the general election ballot. 06  * Sec. 25. AS 15.40.141, 15.40.142(b), and 15.40.150 are repealed. 07  * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 10 ELECTION SYSTEMS THROUGH ADOPTION OF A RANKED-CHOICE PRIMARY. (a) 11 For a period of not less than one full election cycle immediately following the effective date 12 of this Act, the director of elections shall, in a manner reasonably calculated to educate the 13 public, inform voters of the changes made to the state's election systems in this Act. 14 (b) In this section, "election cycle" means the 24-month period commencing on 15 January 1 of odd-numbered years and ending on December 31 of even-numbered years.