txt

SB 315: "An Act relating to the primary election; and providing for an effective date."

00                             SENATE BILL NO. 315                                                                         
01 "An Act relating to the primary election; and providing for an effective date."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
04 to read:                                                                                                                
05       PURPOSE.  The purpose of this Act is to                                                                           
06            (1)  comply with the decision of the United States Supreme Court in California                               
07 Democratic Party v. Jones, 530 U.S. 567 (2000), which required state law to recognize a                                 
08 political party's right to determine with whom they will associate under the First Amendment                            
09 to the Constitution of the United States to nominate candidates of the party to be placed on the                        
10 general election ballot;                                                                                                
11            (2)  implement the findings of the primary election task force convened by the                               
12 lieutenant governor to respond to this court decision; and                                                              
13            (3)  have a new system in place in time to conduct the next primary election in                              
14 an orderly and efficient manner consistent with this court decision.                                                    
15    * Sec. 2.  AS 15.13.110(f) is amended to read:                                                                     
01            (f)  During the year in which the election is scheduled, each of the following                               
02       shall file the campaign disclosure reports in the manner and at the times required by                             
03       this section:                                                                                                     
04                 (1)  a person who, under the regulations adopted by the commission to                                   
05       implement AS 15.13.100, indicates an intention to become a candidate for elective                                 
06       state executive or legislative office;                                                                            
07                 (2)  a person who has filed a nominating petition under AS 15.25.140 -                                  
08       15.25.200 to become a candidate at the primary [GENERAL] election for elective                                
09       state executive or legislative office;                                                                            
10                 (3)  a person who campaigns as a write-in candidate for elective state                                  
11       executive or legislative office at the general election; and                                                      
12                 (4)  a group or nongroup entity that receives contributions or makes                                    
13       expenditures on behalf of or in opposition to a person described in (1) - (3) of this                             
14       subsection, except as provided for certain independent expenditures by nongroup                                   
15       entities in AS 15.13.135(g).                                                                                      
16    * Sec. 3.  AS 15.25.010 is repealed and reenacted to read:                                                         
17            Sec. 15.25.010.  Provisions for primary election; ballots; voter                                           
18       participation.  (a)  Candidates for the elective state executive, and state and national                        
19       legislative, offices shall be nominated in a primary election in the manner prescribed                            
20       by this chapter.                                                                                                  
21            (b)  The director shall prepare and provide blanket primary election ballots in                              
22       accordance with AS 15.25.013 and the other provisions of this chapter.                                            
23            (c)  If modified blanket primary election ballots are provided under                                         
24       AS 15.25.013(b) to effectuate limitations on who may participate in the selection of a                            
25       political party's candidates under the party's bylaws, a voter may use only one of the                            
26       ballots.  For the purpose of determining which modified blanket ballot a voter may                                
27       use, a voter's party affiliation is considered to be the affiliation registered with the                          
28       director as of the 30th day before the primary election.  If a voter changes party                                
29       affiliation within the 30 days before the primary election, the voter's previous party                            
30       affiliation shall be used for the determination under this subsection.                                            
31    * Sec. 4.  AS 15.25 is amended by adding new sections to read:                                                     
01            Sec. 15.25.013.  Blanket primary election ballots.   (a)  Except as provided in                          
02       (b) of this section, the director shall prepare and provide a blanket primary election                            
03       ballot that contains all candidates for elective state executive, and state and national                          
04       legislative, offices.  All voters may use the blanket primary election ballot prepared                            
05       under this subsection.                                                                                            
06            (b)  In place of the blanket primary election ballot under (a) of this section, if a                         
07       political party notifies the director under AS 15.25.015(a) that the party's bylaws limit                         
08       who may participate in the primary election for selection of the party's candidates, and                          
09       otherwise meets the requirements of this chapter and other applicable law, the director                           
10       shall prepare and provide modified blanket primary election ballots in a manner that                              
11       effectuates those limitations.  The ballots prepared and provided under this subsection                           
12       shall preserve to all voters the right to vote for any candidate except a candidate who                           
13       seeks the nomination of a party that has limited voter participation.                                             
14            Sec. 15.25.015.  Participation in primary election selection of a political                                
15       party's candidates.  (a)  No later than 5:00 p.m., Alaska time, on September 1 of the                           
16       calendar year before the calendar year in which a primary election is to be held, a                               
17       political party must submit a notice in writing to the director stating whether the party                         
18       bylaws limit who may participate in the primary election for selection of the party's                             
19       candidates for elective state executive, and state and national legislative, offices.  A                          
20       copy of the party's bylaws limiting who may participate in the primary election for                               
21       selection of the party's candidates, documentation required under (d) of this section,                            
22       and other information required by the director, must be submitted along with the                                  
23       notice.  The notice, bylaws, documentation, and other information required by the                                 
24       director must be provided by the party's chairperson or another party official                                    
25       designated by the party's bylaws.                                                                                 
26            (b)  If a political party fails to timely provide the notice and information                                 
27       required by (a) of this section or to otherwise meet the requirements of this section and                         
28       other applicable provisions of law, the director shall place candidates of that party                             
29       affiliation on a primary election ballot under AS 15.25.013 in a manner consistent with                           
30       no limitation on who may participate in the primary election for selection of the party's                         
31       candidates.                                                                                                       
01            (c)  Once a political party timely submits a notice and bylaws under (a) of this                             
02       section and the director finds that the party has met the requirements of this chapter                            
03       and other applicable laws, the primary election ballot for selection of the party's                               
04       candidates will continue to be consistent with that notice.  However, for a subsequent                            
05       primary election, the party shall timely submit another notice, bylaws, documentation,                            
06       and other information under (a) of this section if the party's bylaws regarding a                                 
07       limitation on who may participate in the primary election for selection of the party's                            
08       candidates change.                                                                                                
09            (d)  Party bylaws required to be submitted under (a) of this section must be                                 
10       precleared by the United States Department of Justice under 42 U.S.C. 1973c (sec. 5,                              
11       Voting Rights Act of 1965) before submission.  Documentation of the preclearance                                  
12       must accompany the bylaws submitted under (a) of this section.                                                    
13    * Sec. 5.  AS 15.25.060 is repealed and reenacted to read:                                                         
14            Sec. 15.25.060.  Preparation and distribution of ballots.  Each primary                                    
15       election ballot shall be prepared and distributed by the director in the manner                                   
16       prescribed for general election ballots except as specifically provided otherwise for the                         
17       primary election.  For the blanket primary election ballot under AS 15.25.013(a), the                             
18       director shall print the ballot on white paper and place the names of all candidates who                          
19       have properly filed in groups according to offices filed for, without regard to party                             
20       affiliation.  For a modified blanket primary election ballot under AS 15.25.013(b), the                           
21       director shall print the ballot on white paper and place the names of candidates who                              
22       have properly filed, and who may appear on that ballot under AS 15.25.013 and                                     
23       15.25.015, in groups according to the offices filed for.  The order of the placement of                           
24       the names for each office shall be as provided for the general election ballot.  Blank                            
25       spaces may not be provided on a ballot for the writing or pasting in of names.                                    
26    * Sec. 6.  AS 15.25.150 is amended to read:                                                                        
27            Sec. 15.25.150.  Date of filing petition.  The petition is [A CANDIDATE                                  
28       SEEKING NOMINATION BY PETITION SHALL SUBMIT THE INFORMATION                                                       
29       REQUIRED UNDER AS 15.25.180(a)(1) - (8) AND (11) - (17) TO THE DIRECTOR                                           
30       IN THE TIME AND MANNER SPECIFIED IN AS 15.25.040.  THE FULL                                                       
31       PETITION WITH VOTER SIGNATURES SHALL BE] filed with the director by                                               
01       actual physical delivery in person at or before 5:00 p.m., prevailing time, June 1 [ON                        
02       THE DAY OF THE PRIMARY ELECTION] in the year in which a general election is                                       
03       held for the office, or by actual physical delivery to the director by registered or                              
04       certified mail return receipt requested which is postmarked at or before 5:00 p.m.,                               
05       prevailing time, June 1 [ON THE DAY OF THE PRIMARY ELECTION] in the year                                      
06       in which a general election is held for the office, and received not more than 15 days                            
07       after that time.  If the postmark is illegible, a dated receipt from the post office where                        
08       dispatched shall be acceptable as evidence of mailing.  If June 1 is a Sunday or                              
09       holiday, the deadlines for postmarking and receipt of the petition shall be                                   
10       extended 24 hours in each instance.                                                                           
11    * Sec. 7.  AS 15.25.190 is amended to read:                                                                        
12            Sec. 15.25.190.  Placement of names on primary [GENERAL] election                                        
13       ballot.  The director shall place the names and the political group affiliation of persons                      
14       who have been properly nominated by petition on the primary [GENERAL] election                                
15       ballot.                                                                                                           
16    * Sec. 8.  AS 15.25.200 is amended to read:                                                                        
17            Sec. 15.25.200.  Withdrawal of candidate's name.  If a candidate nominated                                 
18       by petition dies or withdraws                                                                                     
19                 (1)  after the petition has been filed and at least 48 days before the                          
20       date of the primary election, the director may not place the name of the candidate                            
21       on the primary election ballot; or                                                                            
22                 (2)  on or after the date of the primary election and 48 days or more                               
23       before the general election, the director may not place the name of the candidate on                              
24       the general election ballot.                                                                                      
25    * Sec. 9.  AS 15.25 is amended by adding a new section to read:                                                    
26            Sec. 15.25.210.  Placement of nominee on general election ballot.  (a)                                     
27       Except as provided in (b) of this section, of the names of persons that appear on the                             
28       primary election ballot under AS 15.25.190, the director shall place on the general                               
29       election ballot the name of the candidate of each political group that receives the                               
30       greatest number of votes for an office.                                                                           
31            (b)  For the offices of governor and lieutenant governor, the director shall place                           
01       on the general election ballot the name of the candidate of each political group                                  
02       receiving the greatest number of votes for the office of governor together with the                               
03       name of the candidate for lieutenant governor who received the greatest number of                                 
04       votes and who is from the same political group as that candidate.  However, the                                   
05       director may not place on the general election ballot the name of the candidate of a                              
06       political group receiving the greatest number of votes for the office of                                          
07                 (1)  governor unless there is also a candidate for lieutenant governor of                               
08       that political group;                                                                                             
09                 (2)  lieutenant governor unless there is also a candidate for governor of                               
10       that political group.                                                                                             
11            (c)  For purposes of placement of the names of nominees on the general                                       
12       election ballot under this section, all candidates who file nominating petitions without                          
13       designating a political group name under AS 15.25.180(a) shall be treated as                                      
14       candidates of the same political group.                                                                           
15    * Sec. 10.  AS 15.25.014 and 15.25.180(a)(17) are repealed.                                                        
16    * Sec. 11.  This Act takes effect immediately under AS 01.10.070(c).