SCS 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 SENATE CS FOR 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 15.13.110(f) is amended to read: 12 (f) During the year in which the election is scheduled, each of the following 13 shall file the campaign disclosure reports in the manner and at the times required by 14 this section:
01 (1) a person who, under the regulations adopted by the commission to 02 implement AS 15.13.100, indicates an intention to become a candidate for elective 03 state executive or legislative office; 04 (2) a person who has filed a nominating petition under AS 15.25.140 - 05 15.25.200 to become a candidate at the general [PRIMARY] election for elective state 06 executive or legislative office; 07 (3) a person who campaigns as a write-in candidate for elective state 08 executive or legislative office at the general election; and 09 (4) a group that receives contributions or makes expenditures on behalf 10 of or in opposition to a person described in (1) - (3) of this subsection. 11 * Sec. 3. 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. 15 The director shall prepare and provide a primary election ballot for each 16 political party. A voter registered as affiliated with a political party may vote 17 that party's ballot. A voter registered as nonpartisan or undeclared rather than 18 as affiliated with a particular political party may vote the political party ballot of 19 the voter's choice unless prohibited from doing so under AS 15.25.014. A voter 20 registered as affiliated with a political party may not vote the ballot of a different 21 political party unless permitted to do so under AS 15.25.014. 22 * Sec. 4. AS 15.25 is amended by adding a new section to read: 23 Sec. 15.25.014. Participation in primary election selection of a political 24 party's candidates. (a) Not later than 5:00 p.m., Alaska time, on September 1 of the 25 calendar year before the calendar year in which a primary election is to be held, a 26 political party shall submit a notice in writing to the director stating whether the party 27 bylaws expand or limit who may participate in the primary election for selection of the 28 party's candidates for elective state executive and state and national legislative offices. 29 A copy of the party's bylaws expanding or limiting who may participate in the primary 30 election for selection of the party's candidates, documentation required under (b) of 31 this section, and other information required by the director, must be submitted along
01 with the notice. The notice, bylaws, documentation, and other information required by 02 the director shall be provided by the party's chairperson or another party official 03 designated by the party's bylaws. 04 (b) Once a political party timely submits a notice and bylaws under (a) of this 05 section and the director finds that the party has met the requirements of this chapter 06 and other applicable laws, the director shall permit a voter registered as affiliated with 07 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 08 participate in the selection of the party's candidates and may not permit a voter 09 registered as nonpartisan or undeclared to vote a party's ballot if the party's bylaws 10 restrict participation by nonpartisan or undeclared voters in the party's primary. 11 However, for a subsequent primary election, the party shall timely submit another 12 notice, bylaws, documentation, and other information under (a) of this section if the 13 party's bylaws regarding who may participate in the primary election for selection of 14 the party's candidates change. 15 (c) Party bylaws required to be submitted under (a) of this section must be 16 precleared by the United States Department of Justice under 42 U.S.C. 1973c (sec. 5, 17 Voting Rights Act of 1965) before submission. Documentation of the preclearance 18 must accompany the bylaws submitted under (a) of this section. 19 * Sec. 5. AS 15.25.060 is repealed and reenacted to read: 20 Sec. 15.25.060. Preparation and distribution of ballots. (a) The primary 21 election ballots shall be prepared and distributed by the director in the manner 22 prescribed in this section. The director shall prepare and provide a primary election 23 ballot for each political party that contains all of the candidates of that party for 24 elective state executive and state and national legislative offices. The director shall 25 print the ballots on white paper and place the names of all candidates who have 26 properly filed in groups according to offices. The order of the placement of the names 27 for each office shall be as provided for the general election ballot. Blank spaces may 28 not be provided on the ballot for the writing or pasting in of names. 29 (b) A voter may vote only one primary election ballot. A voter may vote a 30 political party ballot only if the voter is registered as affiliated with that party, is 31 allowed to participate in the party primary under the party's bylaws, or is registered as
01 nonpartisan or undeclared rather than as affiliated with a particular political party and 02 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 03 the party's primary. For the purpose of determining which primary election ballot a 04 voter may use, a voter's party affiliation is considered to be the affiliation registered 05 with the director as of the 30th day before the primary election. If a voter changes 06 party affiliation within the 30 days before the primary election, the voter's previous 07 party affiliation shall be used for the determination under this subsection. 08 * Sec. 6. AS 15.25.150 is amended to read: 09 Sec. 15.25.150. Date of filing petition. A candidate seeking nomination by 10 petition shall submit the information required under AS 15.25.180(a)(1) - (8) and 11 (11) - (17) to the director in the time and manner specified in AS 15.25.040. The 12 full petition with voter signatures shall be [THE PETITION IS] filed with the 13 director by actual physical delivery in person at or before 5:00 p.m., prevailing time, 14 on the day of the primary election [JUNE 1] in the year in which a general election 15 is held for the office, or by actual physical delivery to the director by registered or 16 certified mail return receipt requested which is postmarked at or before 5:00 p.m., 17 prevailing time, on the day of the primary election [JUNE 1] in the year in which a 18 general election is held for the office, and received not more than 15 days after that 19 time. If the postmark is illegible, a dated receipt from the post office where dispatched 20 shall be acceptable as evidence of mailing. [IF JUNE 1 IS A SUNDAY OR 21 HOLIDAY, THE DEADLINES FOR POSTMARKING AND RECEIPT OF THE 22 PETITION SHALL BE EXTENDED 24 HOURS IN EACH INSTANCE.] 23 * Sec. 7. AS 15.25.180(a) is amended to read: 24 (a) The petition must state in substance 25 (1) the full name of the candidate; 26 (2) the full residence address of the candidate and the date on which 27 residency at that address began; 28 (3) the full mailing address of the candidate; 29 (4) the name of the political group, if any, supporting the candidate; 30 (5) if the candidacy is for the office of state senator or state 31 representative, the house or senate district of which the candidate is a resident;
01 (6) the office for which the candidate is nominated; 02 (7) the date of the election at which the candidate seeks election; 03 (8) the length of residency in the state and in the district of the 04 candidate; 05 (9) that the subscribers are qualified voters of the state or house or 06 senate district in which the candidate resides; 07 (10) that the subscribers request that the candidate's name be placed on 08 the primary election ballot; 09 (11) that the proposed candidate accepts the nomination and will serve 10 if elected, with the statement signed by the proposed candidate; 11 (12) the name of the candidate as the candidate wishes it to appear on 12 the ballot; 13 (13) that the candidate is not a candidate for any other office to be 14 voted on at the primary or general election and that the candidate is not a candidate for 15 this office under any other nominating petition or declaration of candidacy; 16 (14) that the candidate meets the specific citizenship requirements of 17 the office for which the person is a candidate; 18 (15) that the candidate will meet the specific age requirements of the 19 office for which the person is a candidate by the time that the candidate, if elected, is 20 sworn into office; [AND] 21 (16) that the candidate is a qualified voter; and 22 (17) if the candidacy is for the office of the governor, the name of 23 the candidate for lieutenant governor running jointly with the candidate for 24 governor. 25 * Sec. 8. AS 15.25.185 is amended to read: 26 Sec. 15.25.185. Eligibility of candidate. The provisions of AS 15.25.042 and 27 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 28 nomination by petition under AS 15.25.140 - 15.25.200 [AS 15.25.140 - 15.25.205]. 29 * Sec. 9. AS 15.25.190 is amended to read: 30 Sec. 15.25.190. Placement of names on general [PRIMARY] election 31 ballot. The director shall place the names and the political group affiliation of persons
01 who have been properly nominated by petition on the general [PRIMARY] election 02 ballot. 03 * Sec. 10. AS 15.25.200 is amended to read: 04 Sec. 15.25.200. Withdrawal of candidate's name. If a candidate nominated 05 by petition dies or withdraws 06 [(1)] after the petition has been filed [AND AT LEAST 48 DAYS 07 BEFORE THE DATE OF THE PRIMARY ELECTION, THE DIRECTOR MAY 08 NOT PLACE THE NAME OF THE CANDIDATE ON THE PRIMARY ELECTION 09 BALLOT; OR 10 (2) ON OR AFTER THE DATE OF THE PRIMARY ELECTION] 11 and 48 days or more before the general election, the director may not place the name 12 of the candidate on the general election ballot. 13 * Sec. 11. AS 15.25.205 is repealed. 14 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).