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 AS 15.25.010 is repealed and reenacted to read: 17 Sec. 15.25.010.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).