SB 146: "An Act relating to the Alaska Election Code and to state election administration."
00SENATE BILL NO. 146 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 15.07.130(c) is amended to read: 12 (c) The director shall obtain from the bureau of vital statistics a certified list 13 of all residents over 18 years of age who have died or who have been presumptively 14 declared dead. Promptly after receipt of each list, but, in any event, at least once
01 each month, the [THE] director shall cancel the registration of all deceased voters. 02 * Sec. 3. AS 15.07.135 is amended to read: 03 Sec. 15.07.135. CANCELLATION OF REGISTRATION OF CONVICTED 04 PERSONS. (a) The director shall make reasonable efforts to obtain the names of 05 persons convicted of a felony involving moral turpitude. Promptly after receipt of 06 evidence satisfactory to the director that a person has been convicted of a felony 07 involving moral turpitude, the [THE] director shall cancel the registration of the [A] 08 person [CONVICTED OF A FELONY INVOLVING MORAL TURPITUDE]. 09 (b) Upon presenting proof that a [THE] person whose registration was 10 cancelled under (a) of this section has been [IS] unconditionally discharged from 11 custody, the person may register. The director shall make reasonable efforts to verify 12 the unconditional discharge of persons applying for registration under this subsection 13 [SECTION]. 14 * Sec. 4. AS 15.10.105(a) is amended to read: 15 (a) The lieutenant governor shall control and supervise the division of 16 elections. The lieutenant governor shall appoint a director of elections. The director 17 shall act for the lieutenant governor in the supervision of central and regional election 18 offices, the hiring, performance evaluation, promotion, termination, and all other 19 matters relating to the employment and training of election personnel, and the 20 administration of all state elections as well as those municipal elections that [WHICH] 21 the state is required to conduct. The director is responsible for the coordination of 22 state responsibilities under 42 U.S.C. 1933gg (National Voter Registration Act of 23 1993). The director serves at the pleasure of the lieutenant governor. 24 * Sec. 5. AS 15.10.105(b) is amended to read: 25 (b) It is essential that the nonpartisan nature, integrity, credibility and 26 impartiality of the administration of elections be maintained. To that end, 27 (1) the [THE] director of elections and the election supervisors 28 appointed under AS 15.10.110 29 (A) [FULL-TIME MEMBERS OF THE DIRECTOR'S STAFF] 30 may not join, support or otherwise participate in a partisan political 31 organization, faction, or activity, including but not limited to the making of
01 political contributions; 02 (B) [. THE DIRECTOR OF ELECTIONS AND THE FULL-TIME MEMBERS OF THE DIRECTOR'S STAFF] 03 may not hold or campaign 04 for elective office, be an officer of a political party or member or officer of a 05 political committee, permit their name to be used, or make any contributions, 06 in support of or in opposition to a candidate or a ballot proposition or question, 07 participate in any way in a national, state, or local election campaign, or lobby 08 or employ or assist a lobbyist; 09 (C) the provisions of (A) and (B) of [. HOWEVER,] this 10 paragraph do [SUBSECTION DOES] not restrict the director of elections or 11 the election supervisors [FULL-TIME MEMBERS OF THE DIRECTOR'S 12 STAFF] from expressing private opinion, registering as to party, or voting; and 13 (2) the full-time employees of the division of elections are subject 14 to the provisions of AS 39.25 applicable to classified employees of the state. 15 * Sec. 6. AS 15.10.107 is amended to read: 16 Sec. 15.10.107. STAFF TRAINING. The director shall, before each primary 17 election in even-numbered years, provide for a comprehensive training program for 18 election officials, both the full-time members of the staff of the division of elections 19 and those who are appointed as election board judges, clerks, and counters under 20 AS 15.10.120 - 15.10.150 and other temporary election employees. The director shall 21 annually prepare and, not later than January 10, file with the lieutenant governor 22 a plan that describes the comprehensive training program for election officials to 23 be provided to those officials during that calendar year. 24 * Sec. 7. AS 15.15.030(6) is amended to read: 25 (6) The general election ballot shall be designed with the position of 26 names of the candidates set out in the same order [CHANGED] in each section on 27 each ballot used in an election district. However, the order of placement of the 28 names of the candidates for each office shall be randomly determined by the 29 director for ballots printed for use in each election district [AS MANY TIMES 30 AS THERE ARE CANDIDATES IN THE SECTION IN WHICH THERE ARE THE 31 MOST NAMES. AS NEARLY AS POSSIBLE, AN EQUAL NUMBER OF
01 BALLOTS SHALL BE PRINTED AFTER EACH CHANGE. IN MAKING THE 02 CHANGES OF POSITION, THE NAME OF THE CANDIDATE AT THE HEAD OF 03 EACH SECTION SHALL BE TAKEN AND PLACED AT THE BOTTOM OF THE 04 SECTION AND THE COLUMN MOVED UP SO THAT THE NAME THAT 05 BEFORE WAS SECOND IS FIRST AFTER THE CHANGE. AFTER THE BALLOTS 06 ARE PRINTED, THEY SHALL BE PLACED IN SEPARATE STACKS, ONE 07 STACK FOR EACH CHANGE OF POSITION. THE BALLOTS SHALL THEN BE 08 GATHERED BY TAKING ONE FROM EACH STACK, THE INTENTION BEING 09 THAT EVERY OTHER BALLOT IN THE ACCUMULATED STACK OF BALLOTS 10 SHALL HAVE THE NAMES OF THE CANDIDATES IN A DIFFERENT 11 POSITION]. 12 * Sec. 8. AS 15.15.060(a) is amended to read: 13 (a) Immediately following the appointment of the election board, the election 14 supervisor in conjunction with the election board chair [CHAIRMAN] shall secure 15 polling places for holding the election, suitable ballot boxes that [WHICH] will assure 16 security, and an adequate number of voting booths or screens, national flags, pens, and 17 pencils. At every polling place, at least one voting booth shall be furnished and 18 not [NOT] less than one voting booth or screen shall be furnished for each 100 votes 19 or fractional part of 100 votes cast in the previous election. At every polling place, 20 at least one-half of the voting booths used shall be not less than six feet in height, 21 enclosed on three sides, and provided with a curtain extending from the top of the 22 voting booth to within approximately 30 inches of the floor. The curtain of the 23 voting booth must conceal the voter while voting. The election supervisor and the 24 election board chair [CHAIRMAN] may, in an emergency, secure an alternate location 25 for a polling place. 26 * Sec. 9. AS 15.15.060(b) is amended to read: 27 (b) To assure administrative economy and to protect the secrecy of the 28 ballot, the [THE] director may adopt regulations prescribing 29 (1) the type of polling place for holding the election; 30 (2) [AND] the requirements regarding ballot boxes, voting [BOOTHS,] 31 screens, national flags, and other supplies; and
01 (3) subject to the specifications of (a) of this section, the 02 requirements regarding voting booths [TO ASSURE ADMINISTRATIVE 03 ECONOMY AND TO PROTECT THE SECRECY OF THE BALLOT]. 04 * Sec. 10. AS 15.25.060 is amended to read: 05 Sec. 15.25.060. PREPARATION AND DISTRIBUTION OF BALLOTS. The 06 primary election ballot shall be prepared and distributed by the director in the manner 07 prescribed for general election ballots except as specifically provided otherwise for the 08 primary election. The director shall print the ballot on white paper and place the 09 names of all candidates who have properly filed in groups according to offices filed 10 for, without regard to party affiliation. The names for each office shall be rotated as 11 provided for the general election ballot. Blank [NO BLANK] spaces may not 12 [SHALL] be provided on the ballot for the writing or pasting in of names. 13 * Sec. 11. AS 15.25.110 is amended to read: 14 Sec. 15.25.110. FILLING VACANCIES BY PARTY PETITION. If a 15 candidate of a political party nominated at the primary election dies, withdraws, 16 resigns, becomes disqualified from holding the office for which the candidate is 17 nominated, or is certified as being incapacitated in the manner prescribed by this 18 section after the primary election and 48 days or more before the general election, the 19 vacancy may be filled by party petition. The central committee of any political party 20 or any party district committee may certify as being incapacitated any candidate 21 nominated by their respective party by presenting to the director a sworn statement 22 made by a panel of three licensed physicians, not more than two of whom may be of 23 the same political party, that the candidate is physically or mentally incapacitated to 24 an extent that would in the panel's judgment prevent the candidate from active service 25 during the term of office if elected. The director shall place the name of the person 26 nominated by party petition on the general election ballot. The name of a candidate 27 disqualified under this section may not appear on the general election ballot. 28 * Sec. 12. AS 15.25.150 is amended to read: 29 Sec. 15.25.150. DATE OF FILING PETITION. The petition is filed with the 30 director by actual physical delivery in person at or before 5:00 p.m., prevailing time, 31 June 1 [AUGUST 1] in the year in which a general election is held for the office, or
01 by actual physical delivery to the director by registered or certified mail return receipt 02 requested which is postmarked at or before 5:00 p.m., prevailing time, June 1 03 [AUGUST 1] in the year in which a general election is held for the office, and 04 received not more than 15 days after that time. If the postmark is illegible, a dated 05 receipt from the post office where dispatched shall be acceptable as evidence of 06 mailing. If June 1 [AUGUST 1] is a Sunday or holiday, the deadlines for 07 postmarking and receipt of the petition shall be extended 24 hours in each instance. 08 * Sec. 13. AS 15.25.160 is amended to read: 09 Sec. 15.25.160. REQUIRED NUMBER OF SIGNATURES FOR STATEWIDE 10 OFFICE. Petitions for the nomination of candidates for the office of governor, 11 lieutenant governor, United States senator, and United States representative shall be 12 signed by qualified voters of the state equal in number to at least one percent of the 13 number of voters who cast ballots in the preceding general election. [CANDIDATES 14 FOR THE OFFICE OF GOVERNOR AND LIEUTENANT GOVERNOR SHALL 15 FILE JOINTLY.] 16 * Sec. 14. AS 15.25.180(a) is amended to read: 17 (a) The petition must [SHALL] state in substance 18 (1) the full name of the candidate; 19 (2) the full residence address of the candidate, and the date on which 20 residency at that address began; 21 (3) the full mailing address of the candidate; 22 (4) the name of the political group, if any, supporting the candidate; 23 (5) if the candidacy is for the office of state senator or state 24 representative, the election or senate district of which the candidate is a resident; 25 (6) the office for which the candidate is nominated; 26 (7) the date of the election at which the candidate seeks election; 27 (8) the length of residency in the state and in the district of the 28 candidate; 29 (9) that the subscribers are qualified voters of the state or election or 30 senate district in which the candidate resides; 31 (10) that the subscribers request that the candidate's name be placed on
01 the primary election ballot; 02 (11) that the proposed candidate accepts the nomination and will serve 03 if elected, with the statement signed by the proposed candidate; 04 (12) [IF THE CANDIDACY IS FOR THE OFFICE OF THE 05 GOVERNOR, THE NAME OF THE CANDIDATE FOR LIEUTENANT GOVERNOR 06 RUNNING JOINTLY WITH THE CANDIDATE FOR GOVERNOR; 07 (13)] the name of the candidate as the candidate wishes it to appear on 08 the ballot; and 09 (13) [(14)] that the candidate is not a candidate for any other office to 10 be voted on at the primary or general election and that the candidate is not a candidate 11 for this office under any other nominating petition or declaration of candidacy. 12 * Sec. 15. AS 15.25.180(b) is amended to read: 13 (b) A person filing a nominating petition under this section, other than a 14 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 15 simultaneously [ALSO] file with the director a statement of income sources and 16 business interests that complies with the requirements of AS 39.50 [WITHIN 30 17 DAYS OF FILING THE PETITION]. A person who is subject to AS 24.60 and is 18 filing a nominating petition for state legislative office shall simultaneously file with 19 the director a disclosure statement that complies with the requirements of 20 AS 24.60.200 [WITHIN 30 DAYS OF FILING THE PETITION]. 21 * Sec. 16. AS 15.25 is amended by adding a new section to read: 22 Sec. 15.25.185. ELIGIBILITY OF CANDIDATE. The provisions of 23 AS 15.25.042 and 15.25.043 apply to determinations of a candidate's eligibility when 24 a candidate seeks nomination by petition under AS 15.25.140 - 15.25.205. 25 * Sec. 17. AS 15.25.190 is amended to read: 26 Sec. 15.25.190. PLACEMENT OF NAMES ON PRIMARY [GENERAL] 27 ELECTION BALLOT. The director shall place the names and the political group 28 affiliation of persons who have been properly nominated by petition on the primary 29 [GENERAL] election ballot. 30 * Sec. 18. AS 15.25.200 is amended to read: 31 Sec. 15.25.200. WITHDRAWAL OF CANDIDATE'S NAME. If a candidate
01 nominated by petition dies or withdraws 02 (1) after the petition has been filed and at least 48 days before the date 03 of the primary [GENERAL] election, the director may not place the name of the 04 candidate on the primary [GENERAL] election ballot; or 05 (2) on or after the date of the primary election and 48 days or 06 more before the general election, the director may not place the name of the 07 candidate on the general election ballot. 08 * Sec. 19. AS 15.25 is amended by adding a new section to read: 09 Sec. 15.25.205. PLACEMENT OF NOMINEE ON GENERAL ELECTION 10 BALLOT. (a) Except as provided in (b) of this section, of the names of persons that 11 appear on the primary election ballot under AS 15.25.190, the director shall place on 12 the general election ballot the name of the candidate of each political group that 13 receives the greatest number of votes for an office. 14 (b) For the offices of governor and lieutenant governor, the director shall place 15 on the general election ballot the name of the candidate of each political group 16 receiving the greatest number of votes for the office of governor together with the 17 name of the candidate for lieutenant governor who received the greatest number of 18 votes and who is from the same political group as that candidate. However, the 19 director may not place on the general election ballot the name of the candidate of a 20 political group receiving the greatest number of votes for the office of 21 (1) governor unless there is also a candidate for lieutenant governor of 22 that political group; 23 (2) lieutenant governor unless there is also a candidate for governor of 24 that political group. 25 (c) For purposes of placement of the names of nominees on the general 26 election ballot under this section, all candidates who file nominating petitions without 27 designating a political group name under AS 15.25.180(a) shall be treated as 28 candidates of the same political group. 29 * Sec. 20. AS 15.40.100 is amended to read: 30 Sec. 15.40.100. REQUIREMENTS OF PETITION FOR NO-PARTY 31 CANDIDATES. Petitions for the nomination of candidates not representing a political
01 party shall be signed by qualified voters of the state equal in number to at least one 02 percent of the number of voters who cast ballots in the preceding general election, and 03 shall state in substance that which is required in petitions for nomination by [FOR 04 GENERAL ELECTIONS PROVIDED IN ] AS 15.25.180. 05 * Sec. 21. AS 15.40.440 is amended to read: 06 Sec. 15.40.440. REQUIREMENTS OF PETITION FOR NO-PARTY 07 CANDIDATES. Petitions for the nomination of candidates not representing a political 08 party shall be signed by qualified voters equal in number to at least one percent of the 09 number of voters who cast ballots in the proposed nominee's respective election or 10 senate district in the preceding general election. A nominating petition may not 11 contain less than 50 signatures for any district, and shall state in substance that which 12 is required in petitions for nomination by [FOR GENERAL ELECTIONS PROVIDED 13 IN] AS 15.25.180. 14 * Sec. 22. AS 15.58.030(b) is amended to read: 15 (b) No later than July 15 of a year in which a state general election will be 16 held, an individual who becomes a candidate for the office of United States senator, 17 United States representative, governor, lieutenant governor, state senator, or state 18 representative under AS 15.25.030 or under AS 15.25.180 may file with the lieutenant 19 governor a photograph and a statement advocating the candidacy. An individual who 20 becomes a candidate for the office of United States senator, United States 21 representative, governor, lieutenant governor, state senator, or state representative 22 [UNDER AS 15.25.180 BY FILING A NOMINATING PETITION OR] by party 23 petition filed under AS 15.25.110 [ANOTHER MEANS] may file with the lieutenant 24 governor a photograph and a statement advocating the candidacy [BY JULY 15 OR] 25 within 10 days of becoming a candidate [, WHICHEVER IS LATER]. 26 * Sec. 23. AS 39.25.110(20) is amended to read: 27 (20) employees of 28 (A) the Office of the Governor [AND THE OFFICE OF THE 29 LIEUTENANT GOVERNOR], including the staff of the governor's mansion; 30 and 31 (B) the office of the lieutenant governor, except the full-time
01 employees of the division of elections other than the division director and 02 the regional supervisors appointed under AS 15.10.110; 03 * Sec. 24. AS 39.50.020(a) is amended to read: 04 (a) A judicial officer, commissioner, chair or member of a state commission 05 or board specified in AS 39.50.200(b), a person hired or appointed as head or deputy 06 head of, or director of a division within, a department in the executive branch, a 07 person appointed as assistant to the governor, a state investment officer and the state 08 comptroller in the Department of Revenue, and a municipal officer [,] shall file a 09 statement giving income sources and business interests, under oath and on penalty of 10 perjury, within 30 days after taking office as a public official. Candidates for state 11 elective office other than a candidate who is subject to AS 24.60 shall file such a 12 statement with the director of elections at the time of filing a declaration of candidacy 13 or [WITHIN 30 DAYS OF THE FILING OF] a nominating petition, or within 30 days 14 of becoming a candidate by any other means. Candidates for elective municipal office 15 shall file such a statement at the time of filing a nominating petition, declaration of 16 candidacy, or other required filing for the elective municipal office. Refusal or failure 17 to file within the time prescribed shall require that the candidate's filing fees, if any, 18 and filing for office be refused or that a previously accepted filing fee be returned and 19 the candidate's name removed from the filing records. A statement shall also be filed 20 by public officials no later than April 15 or 15 days after the person files a federal 21 income tax return in each following year, whichever comes first. Persons who, on or 22 after December 11, 1974, were members of boards or commissions not named in 23 AS 39.50.200(b) are not required to file financial statements.