HCS CSSB 5(STA): "An Act relating to the Alaska Election Code and to state election administration."
00HOUSE CS FOR CS FOR SENATE BILL NO. 5(STA) 01 "An Act relating to the Alaska Election Code and to state election 02 administration." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.070 is amended by adding a new subsection to read: 05 (h) The director shall design the form of the voter's certificate appearing on 06 the back of the large envelope that is used for voting a questioned ballot so that all 07 information required for registration by AS 15.07.060(a) may be obtained from a voter 08 who votes a questioned ballot. If the voter voting a questioned ballot has completed 09 all information on the voter registration portion of the questioned ballot voter's 10 certificate, the director shall place the name of the voter on the official registration list. 11 * Sec. 2. AS 15.10.105(a) is amended to read: 12 (a) The lieutenant governor shall control and supervise the division of 13 elections. The lieutenant governor shall appoint a director of elections. The director 14 shall act for the lieutenant governor in the supervision of central and regional election
01 offices, the hiring, performance evaluation, promotion, termination, and all other 02 matters relating to the employment and training of election personnel, and the 03 administration of all state elections as well as those municipal elections that [WHICH] 04 the state is required to conduct. The director is responsible for the coordination of 05 state responsibilities under 42 U.S.C. 1933gg (National Voter Registration Act of 06 1993). The director serves at the pleasure of the lieutenant governor. 07 * Sec. 3. AS 15.10.105(b) is amended to read: 08 (b) It is essential that the nonpartisan nature, integrity, credibility and 09 impartiality of the administration of elections be maintained. To that end, 10 (1) the [THE] director of elections, the election supervisors appointed 11 under AS 15.10.110, and the full-time members of the director's staff 12 (A) may not join, support or otherwise participate in a partisan 13 political organization, faction, or activity, including but not limited to the 14 making of political contributions; and 15 (B) [. THE DIRECTOR OF ELECTIONS AND THE FULL-TIME MEMBERS OF THE DIRECTOR'S 16 STAFF] may not hold or campaign 17 for elective office, be an officer of a political party or member or officer of a 18 political committee, permit their name to be used, or make any contributions, 19 in support of or in opposition to a candidate or a ballot proposition or question, 20 participate in any way in a national, state, or local election campaign or lobby 21 or employ or assist a lobbyist; 22 (2) the full-time employees of the division of elections, except for 23 the director of elections and the elections supervisors appointed under 24 AS 15.10.110, are subject to the personnel rules adopted under the authority of 25 AS 39.25.150(7), (15), and (16); and 26 (3) [. HOWEVER, THIS SUBSECTION DOES NOT RESTRICT] the 27 director of elections, the election supervisors appointed under AS 15.10.110, and 28 [OR] the full-time members of the director's staff may, notwithstanding (1) of this 29 subsection, express [FROM EXPRESSING] private opinion, register 30 [REGISTERING] as to political party, and vote [OR VOTING]. 31 * Sec. 4. AS 15.10.107 is amended to read:
01 Sec. 15.10.107. STAFF TRAINING. The director shall, before each primary 02 election in even-numbered years, provide for a comprehensive training program for 03 election officials, both the full-time members of the staff of the division of elections 04 and those who are appointed as election board judges, clerks, and counters under 05 AS 15.10.120 - 15.10.150 and other temporary election employees. The director shall 06 annually prepare and, not later than January 10, file with the lieutenant governor 07 a plan that describes the comprehensive training program for election officials to 08 be provided to those officials during that calendar year. 09 * Sec. 5. AS 15.15.030(6) is amended to read: 10 (6) The general election ballot shall be designed with the position of 11 names of the candidates set out in the same order [CHANGED] in each section on 12 each ballot used in an election district. However, the order of placement of the 13 names of the candidates for each office shall be randomly determined by the 14 director for ballots printed for use in each election district [AS MANY TIMES 15 AS THERE ARE CANDIDATES IN THE SECTION IN WHICH THERE ARE THE 16 MOST NAMES. AS NEARLY AS POSSIBLE, AN EQUAL NUMBER OF 17 BALLOTS SHALL BE PRINTED AFTER EACH CHANGE. IN MAKING THE 18 CHANGES OF POSITION, THE NAME OF THE CANDIDATE AT THE HEAD OF 19 EACH SECTION SHALL BE TAKEN AND PLACED AT THE BOTTOM OF THE 20 SECTION AND THE COLUMN MOVED UP SO THAT THE NAME THAT 21 BEFORE WAS SECOND IS FIRST AFTER THE CHANGE. AFTER THE BALLOTS 22 ARE PRINTED, THEY SHALL BE PLACED IN SEPARATE STACKS, ONE 23 STACK FOR EACH CHANGE OF POSITION. THE BALLOTS SHALL THEN BE 24 GATHERED BY TAKING ONE FROM EACH STACK, THE INTENTION BEING 25 THAT EVERY OTHER BALLOT IN THE ACCUMULATED STACK OF BALLOTS 26 SHALL HAVE THE NAMES OF THE CANDIDATES IN A DIFFERENT 27 POSITION]. 28 * Sec. 6. AS 15.15.060(a) is amended to read: 29 (a) Immediately following the appointment of the election board, the election 30 supervisor in conjunction with the election board chair [CHAIRMAN] shall secure 31 polling places for holding the election, suitable ballot boxes that [WHICH] will assure
01 security, and an adequate number of voting booths or screens, national flags, pens, and 02 pencils. At every polling place, at least one voting booth shall be furnished and 03 not [NOT] less than one voting booth or screen shall be furnished for each 100 votes 04 or fractional part of 100 votes cast in the previous election. At every polling place, 05 at least one-half of the voting booths used shall be not less than six feet in height, 06 enclosed on three sides, and provided with a curtain extending from the top of the 07 voting booth to within approximately 30 inches of the floor. The curtain of the 08 voting booth must conceal the voter while voting. The election supervisor and the 09 election board chair [CHAIRMAN] may, in an emergency, secure an alternate location 10 for a polling place. 11 * Sec. 7. AS 15.15.060(b) is amended to read: 12 (b) To assure administrative economy and to protect the secrecy of the 13 ballot, the [THE] director may adopt regulations prescribing 14 (1) the type of polling place for holding the election; 15 (2) [AND] the requirements regarding ballot boxes, voting [BOOTHS,] 16 screens, national flags, and other supplies; and 17 (3) subject to the specifications of (a) of this section, the 18 requirements regarding voting booths [TO ASSURE ADMINISTRATIVE 19 ECONOMY AND TO PROTECT THE SECRECY OF THE BALLOT]. 20 * Sec. 8. AS 15.25.060 is amended to read: 21 Sec. 15.25.060. PREPARATION AND DISTRIBUTION OF BALLOTS. The 22 primary election ballot shall be prepared and distributed by the director in the manner 23 prescribed for general election ballots except as specifically provided otherwise for the 24 primary election. The director shall print the ballot on white paper and place the 25 names of all candidates who have properly filed in groups according to offices filed 26 for, without regard to party affiliation. The names for each office shall be rotated as 27 provided for the general election ballot. Blank [NO BLANK] spaces may not 28 [SHALL] be provided on the ballot for the writing or pasting in of names. 29 * Sec. 9. AS 15.25.110 is amended to read: 30 Sec. 15.25.110. FILLING VACANCIES BY PARTY PETITION. If a 31 candidate of a political party nominated at the primary election dies, withdraws,
01 resigns, becomes disqualified from holding the office for which the candidate is 02 nominated, or is certified as being incapacitated in the manner prescribed by this 03 section after the primary election and 48 days or more before the general election, the 04 vacancy may be filled by party petition. The central committee of any political party 05 or any party district committee may certify as being incapacitated any candidate 06 nominated by their respective party by presenting to the director a sworn statement 07 made by a panel of three licensed physicians, not more than two of whom may be of 08 the same political party, that the candidate is physically or mentally incapacitated to 09 an extent that would in the panel's judgment prevent the candidate from active service 10 during the term of office if elected. The director shall place the name of the person 11 nominated by party petition on the general election ballot. The name of a candidate 12 disqualified under this section may not appear on the general election ballot. 13 * Sec. 10. AS 15.25.150 is amended to read: 14 Sec. 15.25.150. DATE OF FILING PETITION. The petition is filed with the 15 director by actual physical delivery in person at or before 5:00 p.m., prevailing time, 16 June 1 [AUGUST 1] in the year in which a general election is held for the office, or 17 by actual physical delivery to the director by registered or certified mail return receipt 18 requested which is postmarked at or before 5:00 p.m., prevailing time, June 1 19 [AUGUST 1] in the year in which a general election is held for the office, and 20 received not more than 15 days after that time. If the postmark is illegible, a dated 21 receipt from the post office where dispatched shall be acceptable as evidence of 22 mailing. If June 1 [AUGUST 1] is a Sunday or holiday, the deadlines for 23 postmarking and receipt of the petition shall be extended 24 hours in each instance. 24 * Sec. 11. AS 15.25.160 is amended to read: 25 Sec. 15.25.160. REQUIRED NUMBER OF SIGNATURES FOR STATEWIDE 26 OFFICE. Petitions for the nomination of candidates for the office of governor, 27 lieutenant governor, United States senator, and United States representative shall be 28 signed by qualified voters of the state equal in number to at least one percent of the 29 number of voters who cast ballots in the preceding general election. [CANDIDATES 30 FOR THE OFFICE OF GOVERNOR AND LIEUTENANT GOVERNOR SHALL 31 FILE JOINTLY.]
01 * Sec. 12. AS 15.25.180(a) is amended to read: 02 (a) The petition must [SHALL] state in substance 03 (1) the full name of the candidate; 04 (2) the full residence address of the candidate, and the date on which 05 residency at that address began; 06 (3) the full mailing address of the candidate; 07 (4) the name of the political group, if any, supporting the candidate; 08 (5) if the candidacy is for the office of state senator or state 09 representative, the election or senate district of which the candidate is a resident; 10 (6) the office for which the candidate is nominated; 11 (7) the date of the election at which the candidate seeks election; 12 (8) the length of residency in the state and in the district of the 13 candidate; 14 (9) that the subscribers are qualified voters of the state or election or 15 senate district in which the candidate resides; 16 (10) that the subscribers request that the candidate's name be placed on 17 the primary election ballot; 18 (11) that the proposed candidate accepts the nomination and will serve 19 if elected, with the statement signed by the proposed candidate; 20 (12) [IF THE CANDIDACY IS FOR THE OFFICE OF THE 21 GOVERNOR, THE NAME OF THE CANDIDATE FOR LIEUTENANT GOVERNOR 22 RUNNING JOINTLY WITH THE CANDIDATE FOR GOVERNOR; 23 (13)] the name of the candidate as the candidate wishes it to appear on 24 the ballot; and 25 (13) [(14)] that the candidate is not a candidate for any other office to 26 be voted on at the primary or general election and that the candidate is not a candidate 27 for this office under any other nominating petition or declaration of candidacy. 28 * Sec. 13. AS 15.25.180(b) is amended to read: 29 (b) A person filing a nominating petition under this section, other than a 30 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 31 simultaneously [ALSO] file with the director a statement of income sources and
01 business interests that complies with the requirements of AS 39.50 [WITHIN 30 02 DAYS OF FILING THE PETITION]. A person who is subject to AS 24.60 and is 03 filing a nominating petition for state legislative office shall simultaneously file with 04 the director a disclosure statement that complies with the requirements of 05 AS 24.60.200 [WITHIN 30 DAYS OF FILING THE PETITION]. 06 * Sec. 14. AS 15.25 is amended by adding a new section to read: 07 Sec. 15.25.185. ELIGIBILITY OF CANDIDATE. The provisions of 08 AS 15.25.042 and 15.25.043 apply to determinations of a candidate's eligibility when 09 a candidate seeks nomination by petition under AS 15.25.140 - 15.25.205. 10 * Sec. 15. AS 15.25.190 is amended to read: 11 Sec. 15.25.190. PLACEMENT OF NAMES ON PRIMARY [GENERAL] 12 ELECTION BALLOT. The director shall place the names and the political group 13 affiliation of persons who have been properly nominated by petition on the primary 14 [GENERAL] election ballot. 15 * Sec. 16. AS 15.25.200 is amended to read: 16 Sec. 15.25.200. WITHDRAWAL OF CANDIDATE'S NAME. If a candidate 17 nominated by petition dies or withdraws 18 (1) after the petition has been filed and at least 48 days before the date 19 of the primary [GENERAL] election, the director may not place the name of the 20 candidate on the primary [GENERAL] election ballot; or 21 (2) on or after the date of the primary election and 48 days or 22 more before the general election, the director may not place the name of the 23 candidate on the general election ballot. 24 * Sec. 17. AS 15.25 is amended by adding a new section to read: 25 Sec. 15.25.205. PLACEMENT OF NOMINEE ON GENERAL ELECTION 26 BALLOT. (a) Except as provided in (b) of this section, of the names of persons that 27 appear on the primary election ballot under AS 15.25.190, the director shall place on 28 the general election ballot the name of the candidate of each political group that 29 receives the greatest number of votes for an office. 30 (b) For the offices of governor and lieutenant governor, the director shall place 31 on the general election ballot the name of the candidate of each political group
01 receiving the greatest number of votes for the office of governor together with the 02 name of the candidate for lieutenant governor who received the greatest number of 03 votes and who is from the same political group as that candidate. However, the 04 director may not place on the general election ballot the name of the candidate of a 05 political group receiving the greatest number of votes for the office of 06 (1) governor unless there is also a candidate for lieutenant governor of 07 that political group; 08 (2) lieutenant governor unless there is also a candidate for governor of 09 that political group. 10 (c) For purposes of placement of the names of nominees on the general 11 election ballot under this section, all candidates who file nominating petitions without 12 designating a political group name under AS 15.25.180(a) shall be treated as 13 candidates of the same political group. 14 * Sec. 18. AS 15.40.100 is amended to read: 15 Sec. 15.40.100. REQUIREMENTS OF PETITION FOR NO-PARTY 16 CANDIDATES. Petitions for the nomination of candidates not representing a political 17 party shall be signed by qualified voters of the state equal in number to at least one 18 percent of the number of voters who cast ballots in the preceding general election, and 19 shall state in substance that which is required in petitions for nomination by [FOR 20 GENERAL ELECTIONS PROVIDED IN] AS 15.25.180. 21 * Sec. 19. AS 15.40.440 is amended to read: 22 Sec. 15.40.440. REQUIREMENTS OF PETITION FOR NO-PARTY 23 CANDIDATES. Petitions for the nomination of candidates not representing a political 24 party shall be signed by qualified voters equal in number to at least one percent of the 25 number of voters who cast ballots in the proposed nominee's respective election or 26 senate district in the preceding general election. A nominating petition may not 27 contain less than 50 signatures for any district, and shall state in substance that which 28 is required in petitions for nomination by [FOR GENERAL ELECTIONS PROVIDED 29 IN] AS 15.25.180. 30 * Sec. 20. AS 15.58.030(b) is amended to read: 31 (b) No later than July 15 of a year in which a state general election will be
01 held, an individual who becomes a candidate for the office of United States senator, 02 United States representative, governor, lieutenant governor, state senator, or state 03 representative under AS 15.25.030 or under AS 15.25.180 may file with the lieutenant 04 governor a photograph and a statement advocating the candidacy. An individual who 05 becomes a candidate for the office of United States senator, United States 06 representative, governor, lieutenant governor, state senator, or state representative 07 [UNDER AS 15.25.180 BY FILING A NOMINATING PETITION OR] by party 08 petition filed under AS 15.25.110 [ANOTHER MEANS] may file with the lieutenant 09 governor a photograph and a statement advocating the candidacy [BY JULY 15 OR] 10 within 10 days of becoming a candidate [, WHICHEVER IS LATER]. 11 * Sec. 21. AS 39.50.020(a) is amended to read: 12 (a) A judicial officer, commissioner, chair or member of a state commission 13 or board specified in AS 39.50.200(b), a person hired or appointed as head or deputy 14 head of, or director of a division within, a department in the executive branch, a 15 person appointed as assistant to the governor, a state investment officer and the state 16 comptroller in the Department of Revenue, and a municipal officer [,] shall file a 17 statement giving income sources and business interests, under oath and on penalty of 18 perjury, within 30 days after taking office as a public official. Candidates for state 19 elective office other than a candidate who is subject to AS 24.60 shall file such a 20 statement with the director of elections at the time of filing a declaration of candidacy 21 or [WITHIN 30 DAYS OF THE FILING OF] a nominating petition, or within 30 days 22 of becoming a candidate by any other means. Candidates for elective municipal office 23 shall file such a statement at the time of filing a nominating petition, declaration of 24 candidacy, or other required filing for the elective municipal office. Refusal or failure 25 to file within the time prescribed shall require that the candidate's filing fees, if any, 26 and filing for office be refused or that a previously accepted filing fee be returned and 27 the candidate's name removed from the filing records. A statement shall also be filed 28 by public officials no later than April 15 or 15 days after the person files a federal 29 income tax return in each following year, whichever comes first. Persons who, on or 30 after December 11, 1974, were members of boards or commissions not named in 31 AS 39.50.200(b) are not required to file financial statements.
01 * Sec. 22. AS 15.07.110 is repealed.