CSHB 49(FIN): "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date."
00CS FOR HOUSE BILL NO. 49(FIN) 01 "An Act relating to absentee voting, to electronic transmission of absentee ballot 02 applications, to delivery of ballots to absentee ballot applicants by electronic 03 transmission, and enacting a definition of the term `state election' for purposes 04 of absentee voting; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.20 is amended by adding a new section to read: 07 Sec. 15.20.066. VOTING BY ELECTRONIC TRANSMISSION. (a) The 08 director shall adopt regulations applicable to the delivery of absentee ballots by 09 electronic transmission in a state election and to the use of electronic transmission 10 absentee voting in a state election by qualified voters. The regulations must 11 (1) require the voter to comply with the same time deadlines as for 12 voting in person on or before the closing hour of the polls; 13 (2) ensure the accuracy and, to the greatest degree possible, the 14 integrity and secrecy of the ballot process.
01 (b) An absentee ballot that is completed and returned by the voter by 02 electronic transmission must 03 (1) contain the following statement: "I understand that by using 04 electronic transmission to return my marked ballot, I am voluntarily waiving my right 05 to a secret ballot.", followed by the voter's signature and date of signature; and 06 (2) be accompanied by a statement executed under oath as to the 07 voter's identity; the statement under oath must be witnessed by 08 (A) a commissioned or noncommissioned officer of the armed 09 forces of the United States; 10 (B) an official authorized by federal law or the law of the state 11 in which the absentee ballot is cast to administer an oath; or 12 (C) two United States citizens who are 18 years of age or older. 13 * Sec. 2. AS 15.20.081(a) is amended to read: 14 (a) A qualified voter may apply by mail or by electronic transmission to the 15 director for an absentee ballot. The application must [SHALL] include the address or, 16 if the application requests delivery of an absentee ballot by electronic 17 transmission, the telephone electronic transmission number, to which the absentee 18 ballot is to be returned, the applicant's full Alaska residence address, and the 19 applicant's signature. However, a person [PERSONS] residing outside the United 20 States and applying to vote absentee in federal elections in accordance with 21 AS 15.05.011 need not include an Alaska residence address in the application. 22 * Sec. 3. AS 15.20.081(b) is amended to read: 23 (b) An application requesting delivery of [FOR] an absentee ballot to the 24 applicant by mail must be received by the division of elections not less than seven 25 [FOUR] days before the election for which the absentee ballot is sought. An 26 application for an absentee ballot for a state election from a qualified voter 27 requesting delivery of an absentee ballot to the applicant by electronic 28 transmission must be received by the division of elections not less than four days 29 before the election for which the absentee ballot is sought. An [THE] absentee 30 ballot application submitted by mail under this section must permit the person to 31 register to vote under AS 15.07.070 and to request an absentee ballot for each state
01 election held within that calendar year for which the voter is eligible to vote. An 02 absentee ballot application submitted by electronic transmission under this section 03 may not include a provision that permits a person to register to vote under 04 AS 15.07.070. 05 * Sec. 4. AS 15.20.081(c) is amended to read: 06 (c) After receipt of an application [BY MAIL], the director shall send the 07 absentee ballot and other absentee voting material to the applicant by priority mail. 08 However, if the application requests that an absentee ballot for a state election be 09 sent by electronic transmission, the director shall send the absentee ballot and 10 other absentee voting material to the applicant by electronic transmission. The 11 absentee ballot and other absentee voting [THE MOST EXPEDITIOUS MAIL 12 SERVICE. THE] material shall be sent as soon as they are ready for distribution. If 13 the absentee ballot and other absentee voting material are mailed to the applicant, 14 the [THE] return envelope sent with the ballot and other materials shall be addressed 15 to the election supervisor in the district in which the voter is a resident. 16 * Sec. 5. AS 15.20.081(e) is amended to read: 17 (e) An absentee ballot must be marked on or before the date of the election. 18 Except as provided in (h) of this section, a voter who returns the absentee ballot by 19 mail, whether provided to the voter by mail or by electronic transmission, shall use 20 a mail service at least equal to first class and mail the ballot not later than the day of 21 the election to the election supervisor for the election district in which the voter seeks 22 to vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it 23 is received by the close of business on the 10th day after the election. If the ballot is 24 postmarked, it must be postmarked on or before election day. After the day of the 25 election, [NO] ballots may not [SHALL] be accepted unless received by mail. 26 * Sec. 6. AS 15.20.081(g) is amended to read: 27 (g) The director shall maintain a record of the name of each voter to whom 28 an absentee ballot is sent under this section [BY MAIL]. The record must list the 29 date on which the ballot is mailed or provided by electronic transmission and the 30 date on which the ballot is received by the election supervisor and the dates on which 31 the ballot was executed and postmarked.
01 * Sec. 7. AS 15.20.082 is amended by adding a new subsection to read: 02 (e) The provisions of AS 15.20.066 and 15.20.081 relating to electronic 03 transmission absentee voting do not apply to the procedures established in this section. 04 * Sec. 8. AS 15.20.211(b) is amended to read: 05 (b) If a voter requested an absentee ballot [BY MAIL] and the proper absentee 06 ballot was not sent to the voter, the votes cast by the voter on the ballot received 07 which are for write-in candidates the voter could have voted for if the voter had 08 received and voted the proper absentee ballot shall be counted. 09 * Sec. 9. AS 15.20 is amended by adding a new section to read: 10 Sec. 15.20.225. DEFINITION OF "STATE ELECTION." In AS 15.20.010 - 11 15.20.225, "state election" means a primary, general, or special election a purpose of 12 which is to 13 (1) select, nominate, or elect a governor and lieutenant governor, an 14 acting governor, a state senator, or a state representative; 15 (2) select, nominate, or elect delegates to a constitutional convention; 16 (3) approve or reject an initiative submitted under art. XI of the state 17 constitution and AS 15.45.190 - 15.45.200 or a referendum submitted under art. XI of 18 the state constitution and AS 15.45.420 - 15.45.440; 19 (4) recall an official identified in (1) of this section when authorized 20 by art. XI of the state constitution and AS 15.45.650 - 15.45.690; 21 (5) approve or reject a proposed constitutional amendment submitted 22 under AS 15.50; or 23 (6) ratify or reject a state general obligation bond when authorized by 24 AS 37.15. 25 * Sec. 10. ABSENTEE VOTING DURING PRIMARY, GENERAL, AND SPECIAL 26 STATE ELECTIONS DURING 1994. Notwithstanding AS 15.20.066(a), added by sec. 1 of 27 this Act, 28 (1) in the primary or a special state election held during 1994, a person may 29 not cast an absentee ballot by electronic transmission; and 30 (2) in the general election held during 1994, a person may not cast an absentee 31 ballot by electronic transmission unless the person casting the absentee ballot is a qualified
01 voter in this state who marks the ballot outside the state. 02 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).