CSSSHB 141(STA): "An Act providing for preferential voting in federal, state, and local elections; relating to the preparation of ballots; relating to the definition of 'political party'; relating to the counting of ballots; and repealing punch-card voting."
00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 141(STA) 01 "An Act providing for preferential voting in federal, state, and local elections; 02 relating to the preparation of ballots; relating to the definition of 'political 03 party'; relating to the counting of ballots; and repealing punch-card voting." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.13.400(10) is amended to read: 06 (10) "political party" means 07 (A) an organized group of voters that represents a political 08 program and that nominated a candidate for governor who received at least 09 three percent of the total first choice votes cast at any one of the last five 10 preceding general elections for governor; and 11 (B) a subordinate unit of the organized group of voters 12 qualifying as a political party under (A) of this paragraph if, consistent with the 13 rules or bylaws of the political party, the unit conducts or supports campaign 14 operations in a municipality, neighborhood, election district, or precinct;
01 * Sec. 2. AS 15.15.030 is amended by adding a new paragraph to read: 02 (14) The director shall design the ballot to accommodate preferential 03 voting for candidates for the offices of governor and lieutenant governor, for 04 candidates for the legislature, for the offices of President and Vice-President of the 05 United States, and for candidates for the United States Congress. The ballot shall 06 direct the voter to mark candidates in order of preference and to mark as many choices 07 as the voter wishes, but not to assign a particular ranking to more than one candidate. 08 * Sec. 3. AS 15.15.350 is amended to read: 09 Sec. 15.15.350. General procedure for ballot count. (a) The director may 10 adopt regulations prescribing the manner in which the [PRECINCT] ballot count is 11 accomplished so as to assure accuracy in the count and to expedite the process. 12 (b) An [THE] election board shall account for all ballots in its precinct by 13 completing a ballot statement containing (1) the number of official ballots received; 14 (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) 15 the number of official ballots unused and destroyed. The board shall count the number 16 of questioned ballots and shall compare that number to the number of questioned 17 voters in the register. Discrepancies shall be noted and reported to the director. A 18 [THE NUMBERS INCLUDED IN THE CERTIFICATE PRESCRIBED BY 19 AS 15.15.370. THE ELECTION BOARD SHALL COUNT THE BALLOTS IN A 20 MANNER THAT ALLOWS WATCHERS TO SEE THE BALLOTS WHEN OPENED 21 AND READ. NO] person handling the ballot after it has been taken from the ballot 22 box and before it is placed in the envelope for mailing may not have a marking device 23 in hand or remove a ballot from the immediate vicinity of the polls. 24 (c) [(b)] Ballots may not be counted before 8:00 p.m., local time, on the day 25 of the election. 26 * Sec. 4. AS 15.15.350 is amended by adding a new subsection to read: 27 (d) The first choice votes shall be counted first. If a candidate has obtained 28 a majority of the first choice votes, further counting is not necessary. If no candidate 29 has obtained a majority of the first choice votes, then the candidate receiving the least 30 number of first choice votes shall be declared defeated. Ballots cast for this defeated 31 candidate shall be transferred to the next choice candidate marked on each ballot. All
01 candidates with fewer than 25 first choice votes shall be declared defeated and all of 02 their votes transferred to the next choice candidate indicated on each ballot. This 03 process of elimination and transfer shall be continued until one candidate has a 04 majority of the votes or is the sole remaining candidate, or there is a tie vote between 05 all remaining candidates. If a ballot has no more available preferences, that ballot 06 shall be declared void. A ballot assigning a particular ranking to more than one 07 candidate for an office shall be declared invalid when the double ranking is reached. 08 If a ballot skips a ranking, then the next ranking shall be counted. If there is a tie vote 09 between all remaining candidates, the procedures in AS 15.15.460 and AS 15.20.430 - 10 15.20.530 shall be followed. 11 * Sec. 5. AS 15.15.380 is amended to read: 12 Sec. 15.15.380. Payment of election board members. The director shall pay 13 each election board member for time spent at election duties, including the receiving 14 of instructions. Election board chairs [CHAIRMEN] and the chair [CHAIRMAN] and 15 members of the absentee ballot review board , questioned ballot review board and 16 state ballot counting review boards shall be paid for time spent at their election duties. 17 The director shall set the compensation to be paid under this section by regulation. 18 * Sec. 6. AS 15.15.440 is amended to read: 19 Sec. 15.15.440. Dates for opening and closing state ballot counting review. 20 The state ballot counting review shall begin as soon as practicable after the election 21 is completed and no later than 16 days after an election and shall be continued until 22 completed. The director may designate the hours each day during which the state 23 ballot counting review board is to conduct its ballot counting review. [THE 24 DIRECTOR SHALL CLOSE THE REVIEW WHEN THE DIRECTOR IS SATISFIED 25 THAT NO MISSING PRECINCT CERTIFICATE OF ELECTION WOULD, IF 26 RECEIVED, CHANGE THE RESULT OF THE ELECTION. IF NO ELECTION 27 CERTIFICATE HAS BEEN RECEIVED FROM A PRECINCT, THE DIRECTOR 28 MAY SECURE FROM THE ELECTION SUPERVISORS AND MAY COUNT A 29 CERTIFIED COPY OF THE DUPLICATE ELECTION CERTIFICATE OF THE 30 PRECINCT. IF NO ELECTION MATERIALS HAVE BEEN RECEIVED, BUT 31 ELECTION RESULTS HAVE BEEN RECEIVED BY TELEPHONE, TELEGRAM
01 OR RADIO, THE DIRECTOR SHALL COUNT THE ELECTION RESULTS SO 02 RECEIVED. IF THE DIRECTOR HAS REASON TO BELIEVE THAT A MISSING 03 PRECINCT CERTIFICATE, IF RECEIVED, WOULD AFFECT THE RESULT OF 04 THE ELECTION, THE DIRECTOR SHALL AWAIT THE RECEIPT OF THE 05 CERTIFICATE UNTIL THE CLOSE OF BUSINESS ON THE 15TH DAY AFTER 06 THE DATE OF ELECTION. A CERTIFICATE NOT ACTUALLY DELIVERED TO 07 THE DIRECTOR BY THE CLOSE OF BUSINESS ON THE 15TH DAY AFTER 08 THE ELECTION MAY NOT BE COUNTED AT THE STATE BALLOT COUNTING 09 REVIEW.] 10 * Sec. 7. AS 15.15.450 is amended to read: 11 Sec. 15.15.450. Certification of state ballot counting review. Upon 12 completion of the state ballot counting review , the director shall certify the person 13 receiving a majority [THE LARGEST NUMBER] of votes for the office for which 14 that person was a candidate as elected to that office and shall certify the approval of 15 a justice or judge not rejected by a majority of the voters voting on the question. The 16 director shall issue to the elected candidates and approved justices and judges [,] a 17 certificate of their election or approval. The director shall also certify the results of 18 a proposition and other question except that the lieutenant governor shall certify the 19 results of an initiative, referendum , or constitutional amendment. 20 * Sec. 8. AS 15.15.470 is amended to read: 21 Sec. 15.15.470. Preservation of election ballots, papers, and materials. The 22 director shall preserve all [PRECINCT ELECTION CERTIFICATES,] tallies [,] and 23 registers for four years after the election. All ballots and stubs may be destroyed 30 24 days after the certification of the state ballot counting review unless an application for 25 recount has been filed and not completed, or unless their destruction is stayed by an 26 order of the court. The director may permit the inspection of election materials upon 27 call by Congress, the state legislature, or a court of competent jurisdiction. 28 * Sec. 9. AS 15.20.082(c) is amended to read: 29 (c) A special state absentee ballot prepared for the state general election or for 30 a state special election shall, if the names of candidates are not yet certified, permit 31 a voter to cast a ballot for all the candidates of a particular political party that expects
01 to have candidates appear on the ballot; for this purpose, the director shall prepare the 02 ballot with party boxes and a blank line for each office to be voted on in that election. 03 The voter may vote for a candidate for that office by writing in the name of a person 04 and marking the box to the right of that name , or the voter may mark one of the party 05 boxes. If the voter puts a mark in a party box for that office, the director shall count 06 the mark as a vote cast for the candidate for that office nominated by that party. If 07 the voter writes in a name for an office, the vote shall be counted as a write-in vote 08 for that office. The director shall count the ballots under AS 15.15.350 [AS 09 15.15.360]. The director shall provide the voter with the names of each candidate 10 appearing on the primary election ballot and the names of any candidates who have 11 qualified by petition to appear on the general election ballot. 12 * Sec. 10. AS 15.20.190(a) is amended to read: 13 (a) Thirty days before the date of an election, the election supervisors shall 14 appoint, in the same manner provided for the appointment of election judges prescribed 15 in AS 15.10.150, district absentee ballot [COUNTING] boards and district questioned 16 ballot [COUNTING] boards, each composed of at least four members. At least one 17 member of each board must be a member of the same political party of which the 18 governor is a member, and at least one member of each board must be a member of 19 the political party whose candidate for governor received the second largest number 20 of votes in the preceding gubernatorial election. The district boards shall assist the 21 election supervisors [IN COUNTING THE ABSENTEE AND QUESTIONED 22 BALLOTS] and shall receive the same compensation paid election judges under 23 AS 15.15.380. 24 * Sec. 11. AS 15.20.201(a) is amended to read: 25 (a) No less than seven days preceding the day of election, the election 26 supervisor, in the presence and with the assistance of the district absentee ballot 27 [COUNTING] board, shall review all voter certificates of absentee ballots received by 28 that date. The review of absentee ballots shall continue at times designated by the 29 election supervisor until completed. 30 * Sec. 12. AS 15.20.201(c) is amended to read: 31 (c) Not later than the 15th day following the day of the election, the district
01 absentee ballot [COUNTING] board shall certify the absentee ballot review. 02 * Sec. 13. AS 15.20.201(d) is amended to read: 03 (d) Absentee ballots received in the office of an election supervisor after the 04 completion of the district absentee ballot [COUNTING] review shall be forwarded 05 immediately to the director by the most expeditious service. 06 * Sec. 14. AS 15.20.203(a) is amended to read: 07 (a) The district absentee ballot [COUNTING] board shall examine each 08 absentee ballot envelope and shall determine whether the absentee voter is qualified 09 to vote at the election and whether the absentee ballot has been properly cast. 10 * Sec. 15. AS 15.20.203(c) is amended to read: 11 (c) Any person present at the district absentee ballot [COUNTING] review 12 may challenge the name of an absentee voter when read from the voter's certificate on 13 the envelope if the person has good reason to suspect that the challenged voter is not 14 qualified to vote, is disqualified, or has voted at the same election. The person making 15 the challenge shall specify the basis of the challenge in writing. The district absentee 16 ballot [COUNTING] board by majority vote may refuse to accept and count the 17 absentee ballot of a person properly challenged on grounds listed in (b) of this section. 18 * Sec. 16. AS 15.20.203(d) is amended to read: 19 (d) The election supervisor shall place all rejected absentee ballots in a 20 separate envelope with the statements of challenge. The envelope shall be labeled 21 "rejected absentee ballots" and shall be forwarded to the director [WITH THE 22 ELECTION CERTIFICATES AND OTHER RETURNS]. 23 * Sec. 17. AS 15.20.203(f) is amended to read: 24 (f) The secrecy sleeves shall be drawn from the container, the absentee ballots 25 shall be removed from the secrecy sleeves, and the absentee ballots counted at the 26 times [SPECIFIED IN AS 15.20.201] and according to the rules for determining 27 properly marked ballots specified in regulations adopted by the director [IN 28 AS 15.15.360]. 29 * Sec. 18. AS 15.20.205(a) is amended to read: 30 (a) On the second day following the day of the election, the election supervisor 31 or the supervisor's designee, in the presence and with the assistance of the district
01 questioned ballot [COUNTING] board, shall review all voter certificates of questioned 02 ballots received by that date. The review of questioned ballots shall continue at times 03 designated by the election supervisor until completed. 04 * Sec. 19. AS 15.20.207(a) is amended to read: 05 (a) The district questioned ballot [COUNTING] board shall examine each 06 questioned ballot envelope and shall determine whether the questioned voter is 07 qualified to vote at the election and whether the questioned ballot has been properly 08 cast. 09 * Sec. 20. AS 15.20.207(c) is amended to read: 10 (c) Any person present at the district questioned ballot review may challenge 11 the name of a questioned voter when read from the voter's certificate on the envelope 12 if the person has good reason to suspect that the questioned voter is not qualified to 13 vote, is disqualified, or has voted at the same election. The person making the 14 challenge shall specify the basis of the challenge in writing. The district questioned 15 ballot [COUNTING] board by majority vote may refuse to accept and count the 16 questioned ballot of a person properly challenged under grounds listed in (b) of this 17 section. 18 * Sec. 21. AS 15.20.207(d) is amended to read: 19 (d) The election supervisor shall place all rejected questioned ballots in a 20 separate envelope with statements of challenge. The envelope shall be labeled 21 "rejected questioned ballots" and shall be forwarded to the director with the 22 [ELECTION CERTIFICATES AND] other returns. 23 * Sec. 22. AS 15.20.207(f) is amended to read: 24 (f) The secrecy sleeves shall be drawn from the container, the questioned 25 ballots shall be removed from the secrecy sleeves, and the questioned ballots counted 26 at the times specified in AS 15.20.205 and according to the rules for determining 27 properly marked ballots specified in regulations adopted by the director [IN 28 AS 15.15.360]. 29 * Sec. 23. AS 15.20.220 is amended to read: 30 Sec. 15.20.220. Procedure for state review. (a) When the director and 31 appointed party representatives have completed the review of ballots cast at the voting
01 precincts, they shall proceed to review the absentee and questioned ballot votes 02 [CERTIFIED BY THE DISTRICT COUNTING BOARDS. THE REVIEW OF THE 03 ABSENTEE AND QUESTIONED BALLOT VOTE CERTIFIED BY THE DISTRICT 04 COUNTING BOARDS SHALL BE ACCOMPLISHED BY REVIEWING THE 05 TALLIES OF THE RECORDED VOTE TO CHECK FOR MATHEMATICAL 06 ERROR AND BY COMPARING THE TOTALS WITH THE ELECTION 07 CERTIFICATE OF RESULTS]. 08 (b) The state review board shall review and count absentee ballots under 09 AS 15.20.081(e) and (h) and questioned ballots that have been forwarded to the 10 director [AND THAT HAVE NOT BEEN REVIEWED OR COUNTED BY A 11 DISTRICT COUNTING BOARD]. 12 * Sec. 24. AS 15.20.480 is amended to read: 13 Sec. 15.20.480. Procedure for recount. In conducting the recount, the 14 director shall review all ballots [WHETHER THE BALLOTS WERE COUNTED AT 15 THE PRECINCT OR BY COMPUTER OR BY THE DISTRICT ABSENTEE 16 COUNTING BOARD OR THE QUESTIONED BALLOT COUNTING BOARD] to 17 determine which ballots, or part of ballots, were properly marked and which ballots are 18 to be counted in the recount, and shall check the accuracy of the original count [, THE 19 PRECINCT CERTIFICATE] and the review. The director shall check the number of 20 ballots and questioned ballots cast in a precinct against the registers and shall check 21 absentee ballots voted against absentee ballots distributed. The director shall count 22 absentee ballots received before the completion of the recount. For administrative 23 purposes, the director may join and include two or more applications in a single review 24 and count of votes. [THE RULES IN AS 15.15.360 GOVERNING THE COUNTING 25 OF HAND-MARKED BALLOTS AND THE RULES IN AS 15.20.730 GOVERNING 26 THE COUNTING OF PUNCH-CARD BALLOTS SHALL BE FOLLOWED IN THE 27 RECOUNT.] The ballots and other election material must remain in the custody of 28 the director during the recount , and the highest degree of care shall be exercised to 29 protect the ballots against alteration or mutilation. The recount shall be completed 30 within 10 days. The director may employ additional personnel necessary to assist in 31 the recount.
01 * Sec. 25. AS 15.25.060 is amended to read: 02 Sec. 15.25.060. Preparation and distribution of ballots. The primary 03 election ballot shall be prepared and distributed by the director in the manner 04 prescribed for general election ballots except as specifically provided otherwise for the 05 primary election. The director shall print the ballot on white paper and place the 06 names of all candidates who have properly filed in groups according to offices filed 07 for and [, WITHOUT REGARD TO] party affiliation. The order of the placement of 08 the names for each office shall be as provided for the general election ballot. Blank 09 spaces may not be provided on the ballot for the writing or pasting in of names. 10 * Sec. 26. AS 15.25.060 is amended by adding a new subsection to read: 11 (b) The director shall include instructions on blanket primary election ballots 12 directing the voter to mark candidates for an office within a single political party in 13 order of preference and to mark as many choices as the voter wishes within a single 14 political party, but not to assign a particular ranking to more than one candidate or to 15 rank candidates from more than one party. 16 * Sec. 27. AS 15.25.100 is amended to read: 17 Sec. 15.25.100. Placement of nominees on general election ballot. Except 18 when an election results in a tie vote, [THE] director shall place the name of the 19 candidate receiving a majority [THE HIGHEST NUMBER] of votes for an office by 20 a political party on the general election ballot. 21 * Sec. 28. AS 15.56.060(a) is amended to read: 22 (a) A person commits the crime of unlawful interference with an election if 23 the person 24 (1) induces or attempts to induce an election official to fail in the 25 official's duty by force, threat, intimidation , or offers of reward; 26 (2) intentionally changes, attempts to change, or causes to be changed 27 an official election document including ballots, tallies , and returns; 28 (3) intentionally delays, attempts to delay, or causes to be delayed the 29 sending of [THE CERTIFICATE, REGISTER,] ballots, or other election materials , 30 whether original or duplicate, required to be sent [BY AS 15.15.370]; or 31 (4) is contracted or employed by the state to print or reproduce in any
01 manner an official ballot, and the person knowingly 02 (A) personally appropriates, or gives or delivers to, or permits 03 to be taken by anyone other than a person authorized by the director, official 04 ballots; or 05 (B) prints or reproduces or has printed or reproduced official 06 ballots in a form or with a content other than that prescribed by law or as 07 directed by the director. 08 * Sec. 29. AS 15.60.010(2) is amended to read: 09 (2) "ballot" means a hand-marked ballot [AND A PUNCH-CARD 10 BALLOT]; 11 * Sec. 30. AS 15.60.010(20) is amended to read: 12 (20) "political party" means an organized group of voters that 13 represents a political program and that either nominated a candidate for governor who 14 received at least three percent of the total first choice votes cast for governor at the 15 preceding general election or has registered voters in the state equal in number to at 16 least three percent of the total votes cast for governor at the preceding general election; 17 * Sec. 31. AS 29.26.060 is amended by adding a new subsection to read: 18 (d) A municipality may, by ordinance, provide for preferential voting under 19 which voters rank candidates in order of preference, and, if no candidate obtains a 20 majority of first choice votes, votes are transferred in sequential tabulations according 21 to voters' preferences in the manner set out in AS 15.15.350(c). 22 * Sec. 32. AS 15.10.140; AS 15.15.030(12), 15.15.330, 15.15.360, 15.15.370, 15.15.430; 23 AS 15.20.190(b), 15.20.201(b), 15.20.203(g), 15.20.205(b), 15.20.205(c), 15.20.205(d), 24 15.20.207(g), 15.20.590, 15.20.600, 15.20.609, 15.20.610, 15.20.620, 15.20.630, 15.20.640, 25 15.20.650, 15.20.660, 15.20.670, 15.20.680, 15.20.685, 15.20.690, 15.20.700, 15.20.710, 26 15.20.720, 15.20.730, 15.20.740; and AS 15.60.010(24) are repealed.