HB 266: "An Act relating to elections, questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, voter identification, absentee voting, counting ballots, and the primary election; and providing for an effective date."
00 HOUSE BILL NO. 266 01 "An Act relating to elections, questioned ballots and questioned voters, voter 02 registration, training of election officials, preparation of election materials, voter 03 identification, absentee voting, counting ballots, and the primary election; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.07.010 is amended to read: 07 Sec. 15.07.010. Who may vote. The precinct election officials at any election 08 shall allow a person to vote whose name is on the official registration list for that 09 precinct and who is qualified under AS 15.05. A person whose name is not on the 10 official registration list shall be allowed to vote a provisional [QUESTIONED] ballot. 11 * Sec. 2. AS 15.07.055 is amended by adding a new subsection to read: 12 (e) The director shall enter into an agreement with the Department of 13 Administration and the Department of Revenue to match identifying information 14 provided by a voter who initially registers by mail or by facsimile or other electronic
01 transmission approved by the director under AS 15.07.050, with existing identification 02 records 03 (1) maintained by the administrative component of the Department of 04 Administration that administers motor vehicle and driver's license laws and by the 05 administrative component of the Department of Revenue that administers the 06 permanent fund dividend laws; and 07 (2) bearing the same identifying number, name, and date of birth 08 provided on the registration. 09 * Sec. 3. AS 15.07.060(a) is amended to read: 10 (a) Each applicant who requests registration or reregistration shall supply the 11 following information: 12 (1) name and sex; 13 (2) if issued, the applicant's State of Alaska driver's license 14 number or State of Alaska identification card number, or the last four digits of 15 the applicant's social security number; 16 (3) date of birth; 17 (4) address and other necessary information establishing residence, 18 including the term of residence in the state and in the district, if requested; 19 (5) [(3)] whether the applicant has previously been registered to vote in 20 another jurisdiction, and, if so, the jurisdiction and the address of the previous 21 registration; 22 (6) [(4)] a declaration that the registrant will be 18 years of age or 23 older within 90 days of the date of [OR] registration; 24 (7) [(5)] a declaration that the registrant is a citizen of the United 25 States; 26 (8) [(6)] date of application; 27 (9) [(7)] signature or mark; 28 (10) [(8)] any former name under which the applicant was registered to 29 vote in the state; 30 (11) [(9)] an attestation that the information provided by the applicant 31 in (1) - (10) [(1) - (8)] of this subsection is true; and
01 (12) [(10)] a certification that the applicant understands that a false 02 statement on the application may make the applicant subject to prosecution for a 03 misdemeanor under this title or AS 11. 04 * Sec. 4. AS 15.07.060(b) is amended to read: 05 (b) If the applicant has been previously registered to vote in another 06 jurisdiction, the [APPLICANT SHALL SURRENDER TO THE REGISTRATION 07 OFFICIAL ANY VOTER REGISTRATION OR IDENTIFICATION CARD OR 08 CREDENTIALS FROM THAT JURISDICTION THE APPLICANT MAY 09 POSSESS. THE] director shall notify the chief elections officer in that jurisdiction 10 that the applicant has registered to vote in Alaska and [,] request that that jurisdiction 11 [TO] cancel the applicant's voter registration there [, AND RETURN THE 12 APPLICANT'S VOTER REGISTRATION OR IDENTIFICATION CARD OR 13 CREDENTIALS, IF ANY, TO THAT JURISDICTION]. 14 * Sec. 5. AS 15.07.060(c) is amended to read: 15 (c) Each applicant who requests [IF APPLICATION FOR] registration [IS 16 MADE] in person before a registration official [, THE APPLICANT] shall exhibit one 17 form of identification to the official, including [BUT NOT LIMITED TO] a driver's 18 license, state identification card, current and valid photo identification, birth 19 certificate, passport, or hunting or fishing license. A registration official who knows 20 the identity of the applicant may waive the identification requirement. 21 * Sec. 6. AS 15.07.060 is amended by adding new subsections to read: 22 (e) For an applicant requesting initial registration by mail, or by facsimile or 23 other electronic transmission approved by the director under AS 15.07.050, the 24 director shall verify the information provided in compliance with (a)(2) and (3) of this 25 section through state agency records described in AS 15.07.055(e). If such an 26 applicant cannot comply with the requirement of (a)(2) of this section because the 27 applicant has not been issued any of the listed numbers, the applicant may instead 28 submit a copy of one of the following forms of identification: a driver's license, state 29 identification card, current and valid photo identification, birth certificate, passport, or 30 hunting or fishing license. 31 (f) If an applicant who requests registration cannot comply with the
01 requirement of (a)(2) of this section because the applicant has not been issued any of 02 the listed numbers, the division shall assign the applicant a unique identifying number. 03 * Sec. 7. AS 15.07.070(b) is amended to read: 04 (b) To register by mail or by facsimile or other electronic transmission 05 approved by the director under AS 15.07.050, the director, the area election 06 supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms 07 prepared by the director on which the registration information required under 08 AS 15.07.060 shall be inserted by the voter, or by a person on behalf of the voter if the 09 voter is physically incapacitated. The director may require proof of identification of 10 the applicant as required by regulations adopted by the director under AS 44.62 11 (Administrative Procedure Act). Upon receipt and approval of the completed 12 registration forms the director or the election supervisor shall forward to the voter an 13 acknowledgment [IN THE FORM OF A REGISTRATION CARD,] and the voter's 14 name shall immediately be placed on the master register [LOCATED IN THE 15 OFFICE OF THE DIRECTOR AND ON THE DISTRICT REGISTER LOCATED IN 16 THE OFFICE OF THE ELECTION SUPERVISOR]. If the registration is denied, the 17 voter shall immediately be informed in writing that registration was denied and the 18 reason for denial. When identifying information has been provided by the voter as 19 required by this chapter, the election supervisor shall forward to the voter a 20 registration card. 21 * Sec. 8. AS 15.07.070(d) is amended to read: 22 (d) Qualified voters may register in person before a registration official or 23 through a voter registration agency at any time throughout the year, except that a 24 person registering within 30 days preceding an election is not eligible to [MAY NOT] 25 vote at that election. Upon receipt and approval of the registration forms, the director 26 or the election supervisor shall forward to the voter an acknowledgment in the form of 27 a registration card and the voter's name shall immediately be placed on the master 28 register [LOCATED IN THE OFFICE OF THE DIRECTOR AND ON THE 29 DISTRICT REGISTER LOCATED IN THE OFFICE OF THE ELECTION 30 SUPERVISOR]. Names of persons registering 30 or more days before an election 31 shall be placed on the official registration list for that election.
01 * Sec. 9. AS 15.07.070(h) is amended to read: 02 (h) The director shall design the form of the voter's certificate appearing on 03 the envelope that is used for voting a provisional and an absentee in-person 04 [QUESTIONED] ballot so that all information required for registration by 05 AS 15.07.060(a) may be obtained from a voter who votes a provisional or an 06 absentee in-person [QUESTIONED] ballot. If the voter voting a provisional or an 07 absentee in-person [QUESTIONED] ballot has completed all information on the 08 voter registration portion of the provisional or absentee in-person [QUESTIONED] 09 ballot voter's certificate, the director shall place the name of the voter on the official 10 registration list. 11 * Sec. 10. AS 15.07.090(a) is amended to read: 12 (a) A voter whose name is changed by marriage or court order may vote under 13 the previous name, but a voter who desires to use a new name shall vote a provisional 14 [QUESTIONED] ballot. 15 * Sec. 11. AS 15.07.090(d) is amended to read: 16 (d) A person who claims to be a registered voter, but for whom no evidence of 17 registration in the precinct can be found, shall be granted the right to vote in the same 18 manner as that of a provisional [QUESTIONED] voter and the ballot shall be treated 19 in the same manner. The ballot shall be considered to be a "provisional 20 [QUESTIONED] ballot" and shall be so designated. The director or the director's 21 representative shall determine whether the voter is registered in the house district 22 before counting the ballot. A voter who has failed to obtain a transfer as provided in 23 (c) of this section shall vote a "provisional [QUESTIONED] ballot" in the precinct in 24 which the voter resides. 25 * Sec. 12. AS 15.10.107 is amended to read: 26 Sec. 15.10.107. Staff training. The director shall, before each primary 27 election in even-numbered years, provide for a comprehensive training program for 28 election officials, both the full-time members of the staff of the division of elections 29 and those who are appointed as members of election boards under AS 15.10.120 - 30 15.10.140 and other temporary election employees. The director shall [ANNUALLY] 31 prepare and, not later than March 1 [JANUARY 10], file with the lieutenant governor
01 a plan that describes the comprehensive training program for election officials to be 02 provided to those officials during that calendar year. 03 * Sec. 13. AS 15.15.040 is amended by adding a new subsection to read: 04 (c) The director shall provide materials, forms, and supplies for each polling 05 place, including information regarding the date of the election and hours the polling 06 place will be open, instructions on how to cast a provisional ballot, instructions for 07 first-time voters who initially registered by mail, general information on voting rights, 08 prohibitions on acts of fraud and misrepresentation, and who to contact to report 09 violations. 10 * Sec. 14. AS 15.15.198 is amended to read: 11 Sec. 15.15.198. Voters not on official registration list. (a) If a voter's name 12 does not appear on the official registration list in the precinct in which the voter seeks 13 to vote, the election official shall affirmatively advise the voter that the voter may cast 14 a provisional [QUESTIONED] ballot, and the voter shall be allowed to vote a 15 provisional [QUESTIONED] ballot. At the time the voter casts a provisional 16 ballot, the voter shall be given written information stating that the voter will be 17 able to ascertain whether the ballot was counted and, if not counted, the reason 18 the ballot was not counted. 19 (b) A person whose registration is inactive under AS 15.07.130(b) and who 20 votes a provisional [QUESTIONED] or absentee ballot shall have the ballot counted 21 if 22 (1) the person was registered to vote in the last four calendar years; 23 (2) the person signs a statement to that effect; and 24 (3) the earlier registration is verified by the director. 25 * Sec. 15. AS 15.15.215(a) is amended to read: 26 (a) A voter who casts a provisional [QUESTIONED] ballot shall vote the 27 ballot in the same manner as prescribed for other voters. The voter shall insert the 28 ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the 29 statement the voter previously signed is located. The envelope shall be sealed and 30 deposited in the ballot box. When the ballot box is opened, the envelopes shall be 31 segregated, counted, compared to the voting list, and delivered to the official or body
01 supervising the election. The merits of the question shall be determined by this 02 official or body in accordance with the procedure prescribed for provisional 03 [QUESTIONED] votes in AS 15.20.207. 04 * Sec. 16. AS 15.15.225 is amended to read: 05 Sec. 15.15.225. Voter identification at polls. (a) Before being allowed to 06 vote, each voter shall exhibit to an election official one form of identification, 07 including 08 (1) an official voter registration card, driver's license, state 09 identification card, current and valid photo identification, birth certificate, 10 passport, or hunting or fishing license; or 11 (2) an original or a copy of a current utility bill, bank statement, 12 paycheck, government check, or other government document; an item exhibited 13 under this paragraph must show the name and current address of the voter [, OR 14 OTHER FORM OF IDENTIFICATION AS PRESCRIBED BY REGULATION]. 15 (b) An election official may waive the identification requirement if the 16 election official knows the identity of the voter. The identification requirement may 17 not be waived for voters who are first-time voters who initially registered by mail 18 or by facsimile or other electronic transmission approved by the director under 19 AS 15.07.050, and did not provide identification as required in AS 15.07.060. 20 (c) A voter who cannot exhibit a required form of identification shall be 21 allowed to vote a provisional [QUESTIONED] ballot. 22 * Sec. 17. AS 15.15.350(a) is amended to read: 23 (a) The director may adopt regulations prescribing the manner in which the 24 precinct ballot count is accomplished so as to assure accuracy in the count and to 25 expedite the process. The election board shall account for all ballots by completing a 26 ballot statement containing (1) the number of official ballots received; (2) the number 27 of official ballots voted; (3) the number of official ballots spoiled; (4) the number of 28 official ballots unused and destroyed. The board shall count the number of 29 provisional [QUESTIONED] ballots and shall compare that number to the number of 30 provisional [QUESTIONED] voters in the register. Discrepancies shall be noted and 31 the numbers included in the certificate prescribed by AS 15.15.370. The election
01 board, in hand-count precincts, shall count the ballots in a manner that allows watchers 02 to see the ballots when opened and read. A person handling the ballot after it has been 03 taken from the ballot box and before it is placed in the envelope for mailing may not 04 have a marking device in hand or remove a ballot from the immediate vicinity of the 05 polls. 06 * Sec. 18. AS 15.15.360(a) is amended to read: 07 (a) The election board shall count ballots [IN HAND-COUNT PRECINCTS] 08 according to the following rules: 09 (1) A voter may mark a ballot only by filling in, making "X" marks, 10 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 11 plus signs that are clearly spaced in the oval opposite the name of the candidate, 12 proposition, or question that the voter desires to designate. 13 (2) A failure to properly mark a ballot as to one or more candidates 14 does not itself invalidate the entire ballot. 15 (3) If a voter marks fewer names than there are persons to be elected to 16 the office, a vote shall be counted for each candidate properly marked. 17 (4) If a voter marks more names than there are persons to be elected to 18 the office, the votes for candidates for that office may not be counted. 19 (5) The mark specified in (1) of this subsection shall be counted only if 20 it is substantially inside the oval provided, or touching the oval so as to indicate 21 clearly that the voter intended the particular oval to be designated. 22 (6) Improper marks on the ballot may not be counted and do not 23 invalidate marks for candidates properly made. 24 (7) An erasure or correction invalidates only that section of the ballot 25 in which it appears. 26 (8) A vote marked for the candidate for President or Vice-President of 27 the United States is considered and counted as a vote for the election of the 28 presidential electors. 29 (9) Write-in votes are not invalidated by writing in the name of a 30 candidate whose name is printed on the ballot unless the election board determines, on 31 the basis of other evidence, that the ballot was so marked for the purpose of
01 identifying the ballot. 02 (10) In order to vote for a write-in candidate, the voter must write in 03 the candidate's name in the space provided and fill in the oval opposite the candidate's 04 name in accordance with (1) of this subsection. 05 (11) A vote for a write-in candidate, other than a write-in vote for 06 governor and lieutenant governor, shall be counted if the oval is filled in for that 07 candidate and if the name, as it appears on the write-in declaration of candidacy, of the 08 candidate or the last name of the candidate is written in the space provided. 09 (12) If the write-in vote is for governor and lieutenant governor, the 10 vote shall be counted if the oval is filled in and the names, as they appear on the write- 11 in declaration of candidacy, of the candidates for governor and lieutenant governor or 12 the last names of the candidates for governor and lieutenant governor, or the name, as 13 it appears on the write-in declaration of candidacy, of the candidate for governor or the 14 last name of the candidate for governor is written in the space provided. 15 * Sec. 19. AS 15.15.380 is amended to read: 16 Sec. 15.15.380. Payment of election board members. The director shall pay 17 each election board member for time spent at election duties, including the receiving 18 of instructions. Election board chairpersons and the chairperson and members of the 19 absentee ballot, provisional [QUESTIONED] ballot, and state ballot counting review 20 boards shall be paid for time spent at their election duties. The director shall set the 21 compensation to be paid under this section by regulation. 22 * Sec. 20. AS 15.15.430(a) is amended to read: 23 (a) The review of ballot counting by the director shall include only a review of 24 (1) the precinct registers, tallies, and ballots cast; and 25 (2) absentee and provisional [QUESTIONED] ballots as prescribed by 26 law. 27 * Sec. 21. AS 15.20.081(f) is amended to read: 28 (f) The director shall [MAY] require a voter casting an absentee ballot by mail 29 to provide proof of identification or other information to aid in the establishment of 30 the voter's identity as prescribed by regulations adopted under the Administrative 31 Procedure Act (AS 44.62). If the voter is a first-time voter who initially registered
01 by mail or by facsimile or other electronic transmission approved by the director 02 under AS 15.07.050 and has not met the identification requirements set out in 03 AS 15.07.060, the voter must provide one of the following forms of proof of 04 identification: 05 (1) a copy of a driver's license, state identification card, current 06 and valid photo identification, birth certificate, passport, or hunting or fishing 07 license; or 08 (2) a copy of a current utility bill, bank statement, paycheck, 09 government check, or other government document; an item provided under this 10 paragraph must show the name and current address of the voter. 11 * Sec. 22. AS 15.20.081 is amended by adding a new subsection to read: 12 (i) An absentee ballot application submitted by an absent uniformed services 13 voter or by an absent overseas voter qualifying under AS 15.05.011 is valid through 14 the next two regularly scheduled general elections for federal office after the date the 15 application is submitted. In this subsection, "absent uniformed services voter" has the 16 meaning given in 42 U.S.C. 1973ff-6. 17 * Sec. 23. AS 15.20.082(a) is amended to read: 18 (a) The director shall prepare special absentee ballots under this section for 19 use in a state primary election, a state general election, and a state special election 20 when the voter notifies the director in writing that the voter expects to be living, 21 working, or traveling outside the United States at the time of the election, or in a 22 remote area of the state where distance, terrain, or other natural conditions deny 23 the voter reasonable access to a polling place at the time of the election. The 24 director shall prepare the ballot so that it may be sent to the absentee voter 60 days 25 before the date of the election. The director shall list on the ballot the different races 26 to be voted on at the particular election on a statewide basis and, if the director 27 prepares the ballot without the names of candidates printed on the ballot, the director 28 shall provide the voter with information described in (c) of this section. 29 * Sec. 24. AS 15.20.190(a) is amended to read: 30 (a) Thirty days before the date of an election, the election supervisors shall 31 appoint, in the same manner provided for the appointment of election officials
01 prescribed in AS 15.10, district absentee ballot counting boards and district 02 provisional [QUESTIONED] ballot counting boards, each composed of at least four 03 members. At least one member of each board must be a member of the same political 04 party of which the governor is a member, and at least one member of each board must 05 be a member of the political party whose candidate for governor received the second 06 largest number of votes in the preceding gubernatorial election. The district boards 07 shall assist the election supervisors in counting the absentee and provisional 08 [QUESTIONED] ballots and shall receive the same compensation paid election 09 officials under AS 15.15.380. 10 * Sec. 25. AS 15.20.203(b) is amended to read: 11 (b) An absentee ballot may not be counted if 12 (1) the voter has failed to properly execute the certificate; 13 (2) an official or the witnesses authorized by law to attest the voter's 14 certificate fail to execute the certificate, except that an absentee ballot cast in person 15 and accepted by an absentee voting official or election supervisor may be counted 16 despite failure of the absentee voting official or election supervisor to properly sign 17 and date the voter's certificate as attesting official as required under AS 15.20.061(c); 18 (3) the ballot is not attested on or before the date of the election; 19 (4) the ballot, if postmarked, is not postmarked on or before the date of 20 the election; [OR] 21 (5) after the day of election, the ballot was delivered by a means other 22 than mail; or 23 (6) the voter voted 24 (A) in person and is a 25 (i) first-time voter who initially registered by mail or 26 by facsimile or other electronic transmission approved by the 27 director under AS 15.07.050, has not provided the identification 28 required by AS 15.15.225(a), was not eligible for waiver of the 29 identification requirement under AS 15.15.225(b), and has not 30 provided the identifiers required in AS 15.07.060(a)(2) and (3) that 31 can be verified through state agency records described in
01 AS 15.07.055(e); or 02 (ii) voter other than one described in (i) of this 03 subparagraph, did not provide identification described in 04 AS 15.15.225(a), was not personally known by the election official, 05 and has not provided the identifiers required in AS 15.07.060(a)(2) 06 and (3); or 07 (B) by mail or electronic transmission, is a first-time voter 08 who initially registered by mail, or by facsimile or other electronic 09 transmission approved by the director under AS 15.07.050, to vote, has 10 not met the identification requirements set out in AS 15.07.060, and does 11 not submit with the ballot a copy of a 12 (i) driver's license, state identification card, current 13 and valid photo identification, birth certificate, passport, or 14 hunting or fishing license; or 15 (ii) current utility bill, bank statement, paycheck, 16 government check, or other government document; an item 17 described in this subparagraph must show the name and current 18 address of the voter. 19 * Sec. 26. AS 15.20.203(h) is repealed and reenacted to read: 20 (h) The director shall make available through a free access system to each 21 absentee voter a system to check to see whether the voter's ballot was counted and, if 22 not counted, the reason why the ballot was not counted. The director shall make this 23 information available through the free access system not less than 10 days after 24 certification of the results of a primary election and not less than 30 days after 25 certification of the results of a general or special election. 26 * Sec. 27. AS 15.20.205 is amended to read: 27 Sec. 15.20.205. Time of district provisional [QUESTIONED] ballot 28 counting review. (a) On the second day following the day of the election, the 29 election supervisor or the supervisor's designee, in the presence and with the 30 assistance of the district provisional [QUESTIONED] ballot counting board, shall 31 review all voter certificates of provisional [QUESTIONED] ballots received by that
01 date. The review of provisional [QUESTIONED] ballots shall continue at times 02 designated by the election supervisor until completed. 03 (b) Counting of provisional [QUESTIONED] ballots which have been 04 reviewed shall begin on the third day following the day of the election and shall 05 continue at times designated by the election supervisor until all provisional 06 [QUESTIONED] ballots reviewed and eligible for counting have been counted. The 07 counting teams shall report the count to the district provisional [QUESTIONED] 08 ballot counting board. 09 (c) The district provisional [QUESTIONED] ballot counting board may 10 certify the provisional [QUESTIONED] ballot totals as soon as the count is 11 completed but no later than the 15th day following the election. 12 (d) Provisional [QUESTIONED] ballots received after certification of the 13 count shall be forwarded immediately to the director by the most expeditious service. 14 * Sec. 28. AS 15.20.207(a) is amended to read: 15 (a) The district provisional [QUESTIONED] ballot counting board shall 16 examine each provisional [QUESTIONED] ballot envelope and shall determine 17 whether the provisional [QUESTIONED] voter is qualified to vote at the election and 18 whether the provisional [QUESTIONED] ballot has been properly cast. 19 * Sec. 29. AS 15.20.207(b) is amended to read: 20 (b) A provisional [QUESTIONED] ballot may not be counted if the voter 21 (1) has failed to properly execute the certificate; 22 (2) is a first-time voter who initially registered by mail or by 23 facsimile or other electronic transmission approved by the director under 24 AS 15.07.050, has not provided the identification required by AS 15.15.225(a), 25 was not eligible for waiver of the identification requirement under 26 AS 15.15.225(b), and has not provided the identifiers required in 27 AS 15.07.060(a)(2) and (3) that can be verified through state agency records 28 described in AS 15.07.055(e); or 29 (3) is a voter other than one described in (2) of this subsection, did 30 not provide identification described in AS 15.15.225(a), was not personally 31 known by the election official, and has not provided the identifiers required in
01 AS 15.07.060(a)(2) and (3). 02 * Sec. 30. AS 15.20.207(c) is amended to read: 03 (c) Any person present at the district provisional [QUESTIONED] ballot 04 review may challenge the name of a provisional [QUESTIONED] voter when read 05 from the voter's certificate on the envelope if the person has good reason to suspect 06 that the provisional [QUESTIONED] voter is not qualified to vote, is disqualified, or 07 has voted at the same election. The person making the challenge shall specify the 08 basis of the challenge in writing. The district provisional [QUESTIONED] ballot 09 counting board by majority vote may refuse to accept and count the provisional 10 [QUESTIONED] ballot of a person properly challenged under grounds listed in (b) of 11 this section. 12 * Sec. 31. AS 15.20.207(d) is amended to read: 13 (d) The election supervisor shall place all rejected provisional 14 [QUESTIONED] ballots in a separate envelope with statements of challenge. The 15 envelope shall be labeled "rejected provisional [QUESTIONED] ballots" and shall be 16 forwarded to the director with the election certificates and other returns. 17 * Sec. 32. AS 15.20.207(e) is amended to read: 18 (e) If a provisional [QUESTIONED] ballot is not rejected, the envelope shall 19 be opened and the secrecy sleeve containing the provisional [QUESTIONED] ballot 20 shall be placed in a container and mixed with other secrecy sleeves containing 21 provisional [QUESTIONED] ballots. 22 * Sec. 33. AS 15.20.207(f) is amended to read: 23 (f) The secrecy sleeves shall be drawn from the container, the provisional 24 [QUESTIONED] ballots shall be removed from the secrecy sleeves, and the 25 provisional [QUESTIONED] ballots counted at the times specified in AS 15.20.205 26 and according to the rules for determining properly marked ballots in AS 15.15.360. 27 * Sec. 34. AS 15.20.207(g) is amended to read: 28 (g) Upon completion of the provisional [QUESTIONED] ballot review, the 29 election supervisor shall prepare an election certificate for execution by the district 30 provisional [QUESTIONED] ballot counting board, and shall forward the original 31 certificate and returns to the director as soon as the count is completed but no later
01 than the 16th day following the election. 02 * Sec. 35. AS 15.20.207(h) is repealed and reenacted to read: 03 (h) The director shall make available through a free access system to each 04 provisional voter a system to check to see whether the voter's ballot was counted and, 05 if not counted, the reason why the ballot was not counted. The director shall make this 06 information available through the free access system not less than 10 days after 07 certification of the results of a primary election and not less than 30 days after the 08 certification of the results of a general or special election. 09 * Sec. 36. AS 15.20.220 is amended to read: 10 Sec. 15.20.220. Procedure for state review. (a) When the director and 11 appointed party representatives have completed the review of ballots cast at the voting 12 precincts, they shall proceed to review the absentee and provisional [QUESTIONED] 13 ballot votes certified by the district counting boards. The review of the absentee and 14 provisional [QUESTIONED] ballot vote certified by the district counting boards shall 15 be accomplished by reviewing the tallies of the recorded vote to check for 16 mathematical error and by comparing the totals with the election certificate of results. 17 (b) The state review board shall review and count absentee ballots under 18 AS 15.20.081(e) and (h) and provisional [QUESTIONED] ballots that have been 19 forwarded to the director and that have not been reviewed or counted by a district 20 counting board. 21 * Sec. 37. AS 15.20.480 is amended to read: 22 Sec. 15.20.480. Procedure for recount. In conducting the recount, the 23 director shall review all ballots, whether the ballots were counted at the precinct or by 24 computer or by the district absentee counting board or the provisional 25 [QUESTIONED] ballot counting board, to determine which ballots, or part of ballots, 26 were properly marked and which ballots are to be counted in the recount, and shall 27 check the accuracy of the original count, the precinct certificate, and the review. The 28 director shall count absentee ballots received before the completion of the recount. 29 For administrative purposes, the director may join and include two or more 30 applications in a single review and count of votes. The rules in AS 15.15.360 31 governing the counting of ballots [IN HAND-COUNT PRECINCTS] shall be
01 followed in the recount when a ballot is challenged on the basis of a question 02 regarding the voter's intent to vote for the candidate, proposition, or question. The 03 ballots and other election material must remain in the custody of the director during 04 the recount, and the highest degree of care shall be exercised to protect the ballots 05 against alteration or mutilation. The recount shall be completed within 10 days. The 06 director may employ additional personnel necessary to assist in the recount. 07 * Sec. 38. AS 15.25.010 is amended to read: 08 Sec. 15.25.010. Provision for primary election. Candidates for the elective 09 state executive and state and national legislative offices shall be nominated in a 10 primary election by direct vote of the people in the manner prescribed by this chapter. 11 The director shall prepare and provide a primary election ballot for each political 12 party. A voter registered as affiliated with a political party may vote that party's 13 ballot. A voter registered as unaffiliated [NONPARTISAN OR UNDECLARED] 14 rather than as affiliated with a particular political party may vote the political party 15 ballot of the voter's choice unless prohibited from doing so under AS 15.25.014. A 16 voter registered as affiliated with a political party may not vote the ballot of a different 17 political party unless permitted to do so under AS 15.25.014. 18 * Sec. 39. AS 15.25.014(b) is amended to read: 19 (b) Once a political party timely submits a notice and bylaws under (a) of this 20 section and the director finds that the party has met the requirements of this chapter 21 and other applicable laws, the director shall permit a voter registered as affiliated with 22 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 23 participate in the selection of the party's candidates and may not permit a voter 24 registered as unaffiliated [NONPARTISAN OR UNDECLARED] to vote a party's 25 ballot if the party's bylaws restrict participation by unaffiliated [NONPARTISAN OR 26 UNDECLARED] voters in the party's primary. However, for a subsequent primary 27 election, the party shall timely submit another notice, bylaws, documentation, and 28 other information under (a) of this section if the party's bylaws regarding who may 29 participate in the primary election for selection of the party's candidates change. 30 * Sec. 40. AS 15.25.060(b) is amended to read: 31 (b) A voter may vote only one primary election ballot. A voter may vote a
01 political party ballot only if the voter is registered as affiliated with that party, is 02 allowed to participate in the party primary under the party's bylaws, or is registered as 03 unaffiliated [NONPARTISAN OR UNDECLARED] rather than as affiliated with a 04 particular political party and the party's bylaws do not restrict participation by 05 unaffiliated [NONPARTISAN OR UNDECLARED] voters in the party's primary. 06 For the purpose of determining which primary election ballot a voter may use, a 07 voter's party affiliation is considered to be the affiliation registered with the director as 08 of the 30th day before the primary election. If a voter changes party affiliation within 09 the 30 days before the primary election, the voter's previous party affiliation shall be 10 used for the determination under this subsection. 11 * Sec. 41. AS 15.15.360(c); AS 15.20.203(i), 15.20.207(i), 15.20.207(j), 15.20.211(c), 12 15.20.211(d), and 15.20.211(e) are repealed. 13 * Sec. 42. This Act takes effect immediately under AS 01.10.070(c).