CSHB 193(FIN): "An Act relating to the primary election and to the nomination of candidates for the general election; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 193(FIN) 01 "An Act relating to the primary election and to the nomination of candidates for the 02 general election; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 PURPOSE. The purpose of this Act is to 07 (1) comply with the decision of the United States Supreme Court in California 08 Democratic Party v. Jones, 530 U.S. 567 (2000); and 09 (2) have a new system in place in time to conduct the next primary election in 10 an orderly and efficient manner consistent with this court decision. 11 * Sec. 2. AS 15.25.010 is amended to read: 12 Sec. 15.25.010. Provision for primary election. Candidates for the elective 13 state executive and state and national legislative offices shall be nominated in a 14 primary election by direct vote of the people in the manner prescribed by this chapter.
01 The director shall prepare and provide a primary election ballot for each 02 political party. A voter registered as affiliated with a political party may vote 03 that party's ballot. A voter registered as nonpartisan or undeclared rather than 04 as affiliated with a particular political party may vote the political party ballot of 05 the voter's choice unless prohibited from doing so under AS 15.25.014. A voter 06 registered as affiliated with a political party may not vote the ballot of a different 07 political party unless permitted to do so under AS 15.25.014. 08 * Sec. 3. AS 15.25 is amended by adding a new section to read: 09 Sec. 15.25.014. Participation in primary election selection of a political 10 party's candidates. (a) Not later than 5:00 p.m., Alaska time, on September 1 of the 11 calendar year before the calendar year in which a primary election is to be held, a 12 political party shall submit a notice in writing to the director stating whether the party 13 bylaws expand or limit who may participate in the primary election for selection of the 14 party's candidates for elective state executive and state and national legislative offices. 15 A copy of the party's bylaws expanding or limiting who may participate in the primary 16 election for selection of the party's candidates, documentation required under (b) of 17 this section, and other information required by the director, must be submitted along 18 with the notice. The notice, bylaws, documentation, and other information required by 19 the director shall be provided by the party's chairperson or another party official 20 designated by the party's bylaws. 21 (b) Once a political party timely submits a notice and bylaws under (a) of this 22 section and the director finds that the party has met the requirements of this chapter 23 and other applicable laws, the director shall permit a voter registered as affiliated with 24 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 25 participate in the selection of the party's candidates and may not permit a voter 26 registered as nonpartisan or undeclared to vote a party's ballot if the party's bylaws 27 restrict participation by nonpartisan or undeclared voters in the party's primary. 28 However, for a subsequent primary election, the party shall timely submit another 29 notice, bylaws, documentation, and other information under (a) of this section if the 30 party's bylaws regarding who may participate in the primary election for selection of 31 the party's candidates change.
01 (c) Party bylaws required to be submitted under (a) of this section must be 02 precleared by the United States Department of Justice under 42 U.S.C. 1973c (sec. 5, 03 Voting Rights Act of 1965) before submission. Documentation of the preclearance 04 must accompany the bylaws submitted under (a) of this section. 05 * Sec. 4. AS 15.25.060 is repealed and reenacted to read: 06 Sec. 15.25.060. Preparation and distribution of ballots. (a) The primary 07 election ballots shall be prepared and distributed by the director in the manner 08 prescribed in this section. The director shall prepare and provide a primary election 09 ballot for each political party that contains all of the candidates of that party for 10 elective state executive and state and national legislative offices. The director shall 11 print the ballots on white paper and place the names of all candidates who have 12 properly filed in groups according to offices. The order of the placement of the names 13 for each office shall be as provided for the general election ballot. Blank spaces may 14 not be provided on the ballot for the writing or pasting in of names. 15 (b) A voter may vote only one primary election ballot. A voter may vote a 16 political party ballot only if the voter is registered as affiliated with that party, is 17 allowed to participate in the party primary under the party's bylaws, or is registered as 18 nonpartisan or undeclared rather than as affiliated with a particular political party and 19 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 20 the party's primary. For the purpose of determining which primary election ballot a 21 voter may use, a voter's party affiliation is considered to be the affiliation registered 22 with the director as of the 30th day before the primary election. If a voter changes 23 party affiliation within the 30 days before the primary election, the voter's previous 24 party affiliation shall be used for the determination under this subsection. 25 * Sec. 5. AS 15.25.150 is amended to read: 26 Sec. 15.25.150. Date of filing petition. The petition is filed with the director 27 by actual physical delivery in person at or before 5:00 p.m., prevailing time, on the 28 day of the primary election [JUNE 1] in the year in which a general election is held 29 for the office, or by actual physical delivery to the director by registered or certified 30 mail return receipt requested which is postmarked at or before 5:00 p.m., prevailing 31 time, on the day of the primary election [JUNE 1] in the year in which a general
01 election is held for the office, and received not more than 15 days after that time. If the 02 postmark is illegible, a dated receipt from the post office where dispatched shall be 03 acceptable as evidence of mailing. [IF JUNE 1 IS A SUNDAY OR HOLIDAY, THE 04 DEADLINES FOR POSTMARKING AND RECEIPT OF THE PETITION SHALL 05 BE EXTENDED 24 HOURS IN EACH INSTANCE.] 06 * Sec. 6. AS 15.25.180(a) is amended to read: 07 (a) The petition must state in substance 08 (1) the full name of the candidate; 09 (2) the full residence address of the candidate and the date on which 10 residency at that address began; 11 (3) the full mailing address of the candidate; 12 (4) the name of the political group, if any, supporting the candidate; 13 (5) if the candidacy is for the office of state senator or state 14 representative, the house or senate district of which the candidate is a resident; 15 (6) the office for which the candidate is nominated; 16 (7) the date of the election at which the candidate seeks election; 17 (8) the length of residency in the state and in the district of the 18 candidate; 19 (9) that the subscribers are qualified voters of the state or house or 20 senate district in which the candidate resides; 21 (10) that the subscribers request that the candidate's name be placed on 22 the primary election ballot; 23 (11) that the proposed candidate accepts the nomination and will serve 24 if elected, with the statement signed by the proposed candidate; 25 (12) the name of the candidate as the candidate wishes it to appear on 26 the ballot; 27 (13) that the candidate is not a candidate for any other office to be 28 voted on at the primary or general election and that the candidate is not a candidate for 29 this office under any other nominating petition or declaration of candidacy; 30 (14) that the candidate meets the specific citizenship requirements of 31 the office for which the person is a candidate;
01 (15) that the candidate will meet the specific age requirements of the 02 office for which the person is a candidate by the time that the candidate, if elected, is 03 sworn into office; [AND] 04 (16) that the candidate is a qualified voter; and 05 (17) if the candidacy is for the office of the governor, the name of 06 the candidate for lieutenant governor running jointly with the candidate for 07 governor. 08 * Sec. 7. AS 15.25.185 is amended to read: 09 Sec. 15.25.185. Eligibility of candidate. The provisions of AS 15.25.042 and 10 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 11 nomination by petition under AS 15.25.140 - 15.25.200 [AS 15.25.140 - 15.25.205]. 12 * Sec. 8. AS 15.25.190 is amended to read: 13 Sec. 15.25.190. Placement of names on general [PRIMARY] election 14 ballot. The director shall place the names and the political group affiliation of persons 15 who have been properly nominated by petition on the general [PRIMARY] election 16 ballot. 17 * Sec. 9. AS 15.25.200 is amended to read: 18 Sec. 15.25.200. Withdrawal of candidate's name. If a candidate nominated 19 by petition dies or withdraws 20 [(1)] after the petition has been filed [AND AT LEAST 48 DAYS 21 BEFORE THE DATE OF THE PRIMARY ELECTION, THE DIRECTOR MAY 22 NOT PLACE THE NAME OF THE CANDIDATE ON THE PRIMARY ELECTION 23 BALLOT; OR 24 (2) ON OR AFTER THE DATE OF THE PRIMARY ELECTION] 25 and 48 days or more before the general election, the director may not place the name 26 of the candidate on the general election ballot. 27 * Sec. 10. AS 15.25.205 is repealed. 28 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).