HCS SB 307(RLS): "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date."
00HOUSE CS FOR SENATE BILL NO. 307(RLS) 01 "An Act relating to conditions for filling vacancies in the office of United States 02 senator; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.40.010 is amended to read: 05 Sec. 15.40.010. Conditions and time of filling vacancy by appointment and 06 special election . When a vacancy occurs in the office of United States senator, the 07 governor, within 30 days after the date of the vacancy , shall 08 (1) appoint a qualified person of the same political party as that 09 which nominated the predecessor in office to fill the vacancy temporarily until the 10 vacancy is filled permanently by election; and 11 (2) by proclamation and subject to this chapter, call a special 12 primary election and a special election to fill the vacancy for [. HOWEVER, IF] 13 the remainder of the term of the predecessor in office if the predecessor's term would 14 [WILL] expire more than 30 calendar months after the date of [OR IF THE
01 VACANCY WILL BE FILLED BY A SPECIAL ELECTION BEFORE THE SENATE 02 WILL NEXT MEET, CONVENE, OR RECONVENE, THE GOVERNOR MAY NOT 03 FILL] the vacancy. 04 * Sec. 2. AS 15.40.050 is amended to read: 05 Sec. 15.40.050. Date of special primary election and special election. (a) 06 The special primary election to determine a candidate who represents a political 07 party in a special election shall be held on the date of the first primary election 08 that is held more than 30 days after the vacancy occurs. 09 (b) The special election to fill the vacancy shall be held on the date of the first 10 general election that [WHICH] is held [MORE THAN THREE FULL CALENDAR 11 MONTHS] after the first primary election that is held more than 30 days after the 12 vacancy occurs. 13 * Sec. 3. AS 15.40 is amended by adding a new section to read: 14 Sec. 15.40.075. Determination of candidates; date of nominations. (a) 15 Subject to (b) - (d) of this section, candidates for the special election shall be 16 nominated as provided in AS 15.25. 17 (b) Notwithstanding AS 15.25.040, the declaration of a member of a political 18 party who seeks to become a candidate of the party in the special primary election 19 under AS 15.40.010 is filed by either the actual physical delivery (1) of the declaration 20 in person or by mail at or before 5:00 p.m., prevailing time, on the third day following 21 the proclamation; or (2) by telegram or other reliable electronic means of a copy in 22 substance of the statements made in paragraphs (1) - (5) of the declaration as required 23 by AS 15.25.030(a) at or before 5:00 p.m., prevailing time, on the third day following 24 the proclamation and also the actual physical delivery of the declaration containing 25 paragraphs (1) - (16) as required by AS 15.25.030(a) to the United States Postal 26 Service for delivery by the most expeditious means possible. If the declaration is not 27 received within seven calendar days, the candidate shall be notified of nonreceipt. The 28 candidate shall have the opportunity to refile the declaration with proof that a previous 29 declaration has been filed in a timely manner and in accordance with law. 30 (c) Notwithstanding AS 15.25.150, an individual who will not be representing 31 a political party shall be nominated by petition transmitted to the director before the
01 21st day after the vacancy occurs by 02 (1) the actual physical delivery of the petition in person; 03 (2) mail postmarked not later than midnight of that date; or 04 (3) telegram of a copy in substance of the statements made in the 05 petition. 06 (d) The director shall place on the special election ballot the name of the 07 individual receiving the greatest number of votes by a political party in the special 08 primary election under AS 15.40.010. For purposes of placement of the names of 09 nominees on the special election ballot under this section, all candidates who properly 10 file nominating petitions without designating a political group name shall be treated 11 as candidates of the same political group. 12 * Sec. 4. AS 15.40.130 is amended to read: 13 Sec. 15.40.130. General provision for conduct of special election. Unless 14 specifically provided otherwise, all provisions regarding the conduct of the general 15 election shall govern the conduct of the special election of United States senators , and 16 all provisions regarding the conduct of the primary election shall govern the 17 conduct of the special primary election of United States senators , including, but not 18 limited to, provisions concerning voter qualifications; provisions regarding the duties, 19 powers, rights and obligations of the director, of other election officials, and of cities 20 and organized boroughs; provision for notification of the election; provision for 21 payment of election expenses; provisions regarding employees being allowed time from 22 work to vote; provisions for the counting, reviewing, and certification of returns; 23 provisions for the determination of the votes and of recounts, contests, and appeal; and 24 provision for absentee voting. 25 * Sec. 5. AS 15.40 is amended by adding a new section to article 1 to read: 26 Sec. 15.40.135. Definition. In AS 15.40.010 - 15.40.135, "special primary 27 election" means an election under AS 15.40.010 for the purpose of determining who 28 will represent a political party in a special election to fill a vacancy of United States 29 senator. 30 * Sec. 6. AS 15.40.030, 15.40.040, 15.40.080, 15.40.090, 15.40.100, 15.40.110, and 31 15.40.120 are repealed.
01 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).