CSHB 266(STA): "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 CS FOR HOUSE BILL NO. 266(STA) 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 15.07.055 is amended by adding a new subsection to read: 07 (e) The director shall enter into an agreement with the Department of 08 Administration and the Department of Revenue to match identifying information 09 provided by a voter who initially registers by mail or by facsimile or other electronic 10 transmission approved by the director under AS 15.07.050 with existing identification 11 records 12 (1) maintained by the administrative component of the Department of 13 Administration that administers motor vehicle and driver's license laws and by the 14 administrative component of the Department of Revenue that administers the
01 permanent fund dividend laws; and 02 (2) bearing the same identifying number, name, and date of birth 03 provided on the registration. 04 * Sec. 2. AS 15.07.060(a) is amended to read: 05 (a) Each applicant who requests registration or reregistration shall supply the 06 following information: 07 (1) name and sex; 08 (2) if issued, the applicant's State of Alaska driver's license 09 number or State of Alaska identification card number, or the last four digits of 10 the applicant's social security number; 11 (3) date of birth; 12 (4) address and other necessary information establishing residence, 13 including the term of residence in the state and in the district, if requested; 14 (5) [(3)] whether the applicant has previously been registered to vote in 15 another jurisdiction, and, if so, the jurisdiction and the address of the previous 16 registration; 17 (6) [(4)] a declaration that the registrant will be 18 years of age or 18 older within 90 days of the date of registration; 19 (7) [(5)] a declaration that the registrant is a citizen of the United 20 States; 21 (8) [(6)] date of application; 22 (9) [(7)] signature or mark; 23 (10) [(8)] any former name under which the applicant was registered to 24 vote in the state; 25 (11) [(9)] an attestation that the information provided by the applicant 26 in (1) - (10) [(1) - (8)] of this subsection is true; and 27 (12) [(10)] a certification that the applicant understands that a false 28 statement on the application may make the applicant subject to prosecution for a 29 misdemeanor under this title or AS 11. 30 * Sec. 3. AS 15.07.060(b) is amended to read: 31 (b) If the applicant has been previously registered to vote in another
01 jurisdiction, the [APPLICANT SHALL SURRENDER TO THE REGISTRATION 02 OFFICIAL ANY VOTER REGISTRATION OR IDENTIFICATION CARD OR 03 CREDENTIALS FROM THAT JURISDICTION THE APPLICANT MAY 04 POSSESS. THE] director shall notify the chief elections officer in that jurisdiction 05 that the applicant has registered to vote in Alaska and [,] request that that jurisdiction 06 [TO] cancel the applicant's voter registration there [, AND RETURN THE 07 APPLICANT'S VOTER REGISTRATION OR IDENTIFICATION CARD OR 08 CREDENTIALS, IF ANY, TO THAT JURISDICTION]. 09 * Sec. 4. AS 15.07.060(c) is amended to read: 10 (c) Each applicant who requests [IF APPLICATION FOR] registration [IS 11 MADE] in person before a registration official [, THE APPLICANT] shall exhibit one 12 form of identification to the official, including [BUT NOT LIMITED TO] a driver's 13 license, state identification card, current and valid photo identification, birth 14 certificate, passport, or hunting or fishing license. A registration official who knows 15 the identity of the applicant may waive the identification requirement. 16 * Sec. 5. AS 15.07.060 is amended by adding new subsections to read: 17 (e) For an applicant requesting initial registration by mail or by facsimile or 18 other electronic transmission approved by the director under AS 15.07.050, the 19 director shall verify the information provided in compliance with (a)(2) and (3) of this 20 section through state agency records described in AS 15.07.055(e). If the applicant 21 cannot comply with the requirement of (a)(2) of this section because the applicant has 22 not been issued any of the listed numbers, the applicant may instead submit a copy of 23 one of the following forms of identification: a driver's license, state identification card, 24 current and valid photo identification, birth certificate, passport, or hunting or fishing 25 license. 26 (f) If an applicant who requests registration cannot comply with the 27 requirement of (a)(2) of this section because the applicant has not been issued any of 28 the listed numbers, the division shall assign the applicant a unique identifying number. 29 * Sec. 6. AS 15.07.070(b) is amended to read: 30 (b) To register by mail or by facsimile or other electronic transmission 31 approved by the director under AS 15.07.050, the director, the area election
01 supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms 02 prepared by the director on which the registration information required under 03 AS 15.07.060 shall be inserted by the voter, or by a person on behalf of the voter if the 04 voter is physically incapacitated. The director may require proof of identification of 05 the applicant as required by regulations adopted by the director under AS 44.62 06 (Administrative Procedure Act). Upon receipt and approval of the completed 07 registration forms the director or the election supervisor shall forward to the voter an 08 acknowledgment [IN THE FORM OF A REGISTRATION CARD,] and the voter's 09 name shall immediately be placed on the master register [LOCATED IN THE 10 OFFICE OF THE DIRECTOR AND ON THE DISTRICT REGISTER LOCATED IN 11 THE OFFICE OF THE ELECTION SUPERVISOR]. If the registration is denied, the 12 voter shall immediately be informed in writing that registration was denied and the 13 reason for denial. When identifying information has been provided by the voter as 14 required by this chapter, the election supervisor shall forward to the voter a 15 registration card. 16 * Sec. 7. AS 15.07.070(d) is amended to read: 17 (d) Qualified voters may register in person before a registration official or 18 through a voter registration agency at any time throughout the year, except that a 19 person registering within 30 days preceding an election is not eligible to [MAY NOT] 20 vote at that election. Upon receipt and approval of the registration forms, the director 21 or the election supervisor shall forward to the voter an acknowledgment in the form of 22 a registration card, and the voter's name shall immediately be placed on the master 23 register [LOCATED IN THE OFFICE OF THE DIRECTOR AND ON THE 24 DISTRICT REGISTER LOCATED IN THE OFFICE OF THE ELECTION 25 SUPERVISOR]. Names of persons registering 30 or more days before an election 26 shall be placed on the official registration list for that election. 27 * Sec. 8. AS 15.07.070(h) is amended to read: 28 (h) The director shall design the form of the voter's certificate appearing on 29 the envelope that is used for voting an absentee in-person or [A] questioned ballot so 30 that all information required for registration by AS 15.07.060(a) may be obtained from 31 a voter who votes an absentee in-person or [A] questioned ballot. If the voter voting
01 an absentee in-person or [A] questioned ballot has completed all information on the 02 voter registration portion of the absentee in-person or questioned ballot voter's 03 certificate, the director shall place the name of the voter on the official registration list. 04 * Sec. 9. AS 15.10.107 is amended to read: 05 Sec. 15.10.107. Staff training. The director shall, before each primary 06 election in even-numbered years, provide for a comprehensive training program for 07 election officials, both the full-time members of the staff of the division of elections 08 and those who are appointed as members of election boards under AS 15.10.120 - 09 15.10.140 and other temporary election employees. The director shall [ANNUALLY] 10 prepare and, not later than March 1 [JANUARY 10], file with the lieutenant governor 11 a plan that describes the comprehensive training program for election officials to be 12 provided to those officials during that calendar year. 13 * Sec. 10. AS 15.15.040 is amended by adding a new subsection to read: 14 (c) The director shall provide materials, forms, and supplies for each polling 15 place, including information regarding the date of the election and hours the polling 16 place will be open, instructions on how to cast a questioned ballot, instructions for 17 first-time voters who initially registered by mail, general information on voting rights, 18 prohibitions on acts of fraud and misrepresentation, and whom to contact to report 19 violations. 20 * Sec. 11. AS 15.15.198(a) is amended to read: 21 (a) If a voter's name does not appear on the official registration list in the 22 precinct in which the voter seeks to vote, the election official shall affirmatively 23 advise the voter that the voter may cast a questioned ballot, and the voter shall be 24 allowed to vote a questioned ballot. At the time the voter casts a questioned ballot, 25 the voter shall be given written information stating that the voter will be able to 26 ascertain whether the ballot was counted and, if not counted, the reason the 27 ballot was not counted. 28 * Sec. 12. AS 15.15.225(a) is amended to read: 29 (a) Before being allowed to vote, each voter shall exhibit to an election official 30 one form of identification, including 31 (1) an official voter registration card, driver's license, state
01 identification card, current and valid photo identification, birth certificate, 02 passport, or hunting or fishing license; or 03 (2) an original or a copy of a current utility bill, bank statement, 04 paycheck, government check, or other government document; an item exhibited 05 under this paragraph must show the name and current address of the voter [, OR 06 OTHER FORM OF IDENTIFICATION AS PRESCRIBED BY REGULATION]. 07 * Sec. 13. AS 15.15.225(b) is amended to read: 08 (b) An election official may waive the identification requirement if the 09 election official knows the identity of the voter. The identification requirement may 10 not be waived for voters who are first-time voters who initially registered by mail 11 or by facsimile or other electronic transmission approved by the director under 12 AS 15.07.050, and did not provide identification as required in AS 15.07.060. 13 * Sec. 14. AS 15.15.360(a) is amended to read: 14 (a) The election board shall count ballots [IN HAND-COUNT PRECINCTS] 15 according to the following rules: 16 (1) A voter may mark a ballot only by filling in, making "X" marks, 17 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 18 plus signs that are clearly spaced in the oval opposite the name of the candidate, 19 proposition, or question that the voter desires to designate. 20 (2) A failure to properly mark a ballot as to one or more candidates 21 does not itself invalidate the entire ballot. 22 (3) If a voter marks fewer names than there are persons to be elected to 23 the office, a vote shall be counted for each candidate properly marked. 24 (4) If a voter marks more names than there are persons to be elected to 25 the office, the votes for candidates for that office may not be counted. 26 (5) The mark specified in (1) of this subsection shall be counted only if 27 it is substantially inside the oval provided, or touching the oval so as to indicate 28 clearly that the voter intended the particular oval to be designated. 29 (6) Improper marks on the ballot may not be counted and do not 30 invalidate marks for candidates properly made. 31 (7) An erasure or correction invalidates only that section of the ballot
01 in which it appears. 02 (8) A vote marked for the candidate for President or Vice-President of 03 the United States is considered and counted as a vote for the election of the 04 presidential electors. 05 (9) Write-in votes are not invalidated by writing in the name of a 06 candidate whose name is printed on the ballot unless the election board determines, on 07 the basis of other evidence, that the ballot was so marked for the purpose of 08 identifying the ballot. 09 (10) In order to vote for a write-in candidate, the voter must write in 10 the candidate's name in the space provided and fill in the oval opposite the candidate's 11 name in accordance with (1) of this subsection. 12 (11) A vote for a write-in candidate, other than a write-in vote for 13 governor and lieutenant governor, shall be counted if the oval is filled in for that 14 candidate and if the name, as it appears on the write-in declaration of candidacy, of the 15 candidate or the last name of the candidate is written in the space provided. 16 (12) If the write-in vote is for governor and lieutenant governor, the 17 vote shall be counted if the oval is filled in and the names, as they appear on the write- 18 in declaration of candidacy, of the candidates for governor and lieutenant governor or 19 the last names of the candidates for governor and lieutenant governor, or the name, as 20 it appears on the write-in declaration of candidacy, of the candidate for governor or the 21 last name of the candidate for governor is written in the space provided. 22 * Sec. 15. AS 15.20.081(f) is amended to read: 23 (f) The director shall [MAY] require a voter casting an absentee ballot by mail 24 to provide proof of identification or other information to aid in the establishment of 25 the voter's identity as prescribed by regulations adopted under AS 44.62 ( [THE] 26 Administrative Procedure Act). If the voter is a first-time voter who initially 27 registered by mail or by facsimile or other electronic transmission approved by 28 the director under AS 15.07.050 and has not met the identification requirements 29 set out in AS 15.07.060, the voter must provide one of the following forms of 30 proof of identification: 31 (1) a copy of a driver's license, state identification card, current
01 and valid photo identification, birth certificate, passport, or hunting or fishing 02 license; or 03 (2) a copy of a current utility bill, bank statement, paycheck, 04 government check, or other government document; an item provided under this 05 paragraph must show the name and current address of the voter [(AS 44.62)]. 06 * Sec. 16. AS 15.20.081 is amended by adding a new subsection to read: 07 (i) An absentee ballot application submitted by an absent uniformed services 08 voter or by an absent overseas voter qualifying under AS 15.05.011 is valid through 09 the next two regularly scheduled general elections for federal office after the date the 10 application is submitted. In this subsection, "absent uniformed services voter" has the 11 meaning given in 42 U.S.C. 1973ff-6. 12 * Sec. 17. AS 15.20.082(a) is amended to read: 13 (a) The director shall prepare special absentee ballots under this section for 14 use in a state primary election, a state general election, and a state special election 15 when the voter notifies the director in writing that the voter expects to be living, 16 working, or traveling outside the United States at the time of the election, or in a 17 remote area of the state where distance, terrain, or other natural conditions deny 18 the voter reasonable access to a polling place at the time of the election. The 19 director shall prepare the ballot so that it may be sent to the absentee voter 60 days 20 before the date of the election. The director shall list on the ballot the different races 21 to be voted on at the particular election on a statewide basis, and, if the director 22 prepares the ballot without the names of candidates printed on the ballot, the director 23 shall provide the voter with information described in (c) of this section. 24 * Sec. 18. AS 15.20.203(b) is amended to read: 25 (b) An absentee ballot may not be counted if 26 (1) the voter has failed to properly execute the certificate; 27 (2) an official or the witnesses authorized by law to attest the voter's 28 certificate fail to execute the certificate, except that an absentee ballot cast in person 29 and accepted by an absentee voting official or election supervisor may be counted 30 despite failure of the absentee voting official or election supervisor to properly sign 31 and date the voter's certificate as attesting official as required under AS 15.20.061(c);
01 (3) the ballot is not attested on or before the date of the election; 02 (4) the ballot, if postmarked, is not postmarked on or before the date of 03 the election; [OR] 04 (5) after the day of election, the ballot was delivered by a means other 05 than mail; or 06 (6) the voter voted 07 (A) in person and is a 08 (i) first-time voter who initially registered by mail or 09 by facsimile or other electronic transmission approved by the 10 director under AS 15.07.050, has not provided the identification 11 required by AS 15.15.225(a), was not eligible for waiver of the 12 identification requirement under AS 15.15.225(b), and has not 13 provided the identifiers required in AS 15.07.060(a)(2) and (3) that 14 can be verified through state agency records described in 15 AS 15.07.055(e); or 16 (ii) voter other than one described in (i) of this 17 subparagraph, did not provide identification described in 18 AS 15.15.225(a), was not personally known by the election official, 19 and has not provided the identifiers required in AS 15.07.060(a)(2) 20 and (3); or 21 (B) by mail or electronic transmission, is a first-time voter 22 who initially registered by mail or by facsimile or other electronic 23 transmission approved by the director under AS 15.07.050 to vote, has not 24 met the identification requirements set out in AS 15.07.060, and does not 25 submit with the ballot a copy of a 26 (i) driver's license, state identification card, current 27 and valid photo identification, birth certificate, passport, or 28 hunting or fishing license; or 29 (ii) current utility bill, bank statement, paycheck, 30 government check, or other government document; an item 31 described in this sub-subparagraph must show the name and
01 current address of the voter. 02 * Sec. 19. AS 15.20.203 is amended by adding a new subsection to read: 03 (j) The director shall make available through a free access system to each 04 absentee voter a system to check to see whether the voter's ballot was counted and, if 05 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 08 certification of the results of a general or special election. 09 * Sec. 20. AS 15.20.207(b) is amended to read: 10 (b) A questioned ballot may not be counted if the voter 11 (1) has failed to properly execute the certificate; 12 (2) is a first-time voter who initially registered by mail or by 13 facsimile or other electronic transmission approved by the director under 14 AS 15.07.050, has not provided the identification required by AS 15.15.225(a), 15 was not eligible for waiver of the identification requirement under 16 AS 15.15.225(b), and has not provided the identifiers required in 17 AS 15.07.060(a)(2) and (3) that can be verified through state agency records 18 described in AS 15.07.055(e); or 19 (3) is a voter other than one described in (2) of this subsection, did 20 not provide identification described in AS 15.15.225(a), was not personally 21 known by the election official, and has not provided the identifiers required in 22 AS 15.07.060(a)(2) and (3). 23 * Sec. 21. AS 15.20.207 is amended by adding a new subsection to read: 24 (k) The director shall make available through a free access system to each 25 voter voting a questioned ballot a system to check to see whether the voter's ballot was 26 counted and, if not counted, the reason why the ballot was not counted. The director 27 shall make this information available through the free access system not less than 10 28 days after certification of the results of a primary election and not less than 30 days 29 after the certification of the results of a general or special election. 30 * Sec. 22. AS 15.20.211 is amended by adding a new subsection to read: 31 (f) The director shall make available through a free access system to each
01 voter whose ballot was subject to partial counting under this section a system to check 02 to see whether the voter's ballot was partially counted and, if not counted, the reason 03 why the ballot was not counted. The director shall make this information available 04 through the free access system not less than 10 days after certification of the results of 05 a primary election and not less than 30 days after the certification of the results of a 06 general or special election. 07 * Sec. 23. AS 15.20.480 is amended to read: 08 Sec. 15.20.480. Procedure for recount. In conducting the recount, the 09 director shall review all ballots, whether the ballots were counted at the precinct or by 10 computer or by the district absentee counting board or the questioned ballot counting 11 board, to determine which ballots, or part of ballots, were properly marked and which 12 ballots are to be counted in the recount, and shall check the accuracy of the original 13 count, the precinct certificate, and the review. The director shall count absentee 14 ballots received before the completion of the recount. For administrative purposes, the 15 director may join and include two or more applications in a single review and count of 16 votes. The rules in AS 15.15.360 governing the counting of ballots [IN HAND- 17 COUNT PRECINCTS] shall be followed in the recount when a ballot is challenged on 18 the basis of a question regarding the voter's intent to vote for the candidate, 19 proposition, or question. The ballots and other election material must remain in the 20 custody of the director during the recount, and the highest degree of care shall be 21 exercised to protect the ballots against alteration or mutilation. The recount shall be 22 completed within 10 days. The director may employ additional personnel necessary to 23 assist in the recount. 24 * Sec. 24. AS 15.25.010 is amended to read: 25 Sec. 15.25.010. Provision for primary election. Candidates for the elective 26 state executive and state and national legislative offices shall be nominated in a 27 primary election by direct vote of the people in the manner prescribed by this chapter. 28 The director shall prepare and provide a primary election ballot for each political 29 party. A voter registered as affiliated with a political party may vote that party's 30 ballot. A voter registered as unaffiliated [NONPARTISAN OR UNDECLARED] 31 rather than as affiliated with a particular political party may vote the political party
01 ballot of the voter's choice unless prohibited from doing so under AS 15.25.014. A 02 voter registered as affiliated with a political party may not vote the ballot of a different 03 political party unless permitted to do so under AS 15.25.014. 04 * Sec. 25. AS 15.25.014(b) is amended to read: 05 (b) Once a political party timely submits a notice and bylaws under (a) of this 06 section and the director finds that the party has met the requirements of this chapter 07 and other applicable laws, the director shall permit a voter registered as affiliated with 08 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 09 participate in the selection of the party's candidates and may not permit a voter 10 registered as unaffiliated [NONPARTISAN OR UNDECLARED] to vote a party's 11 ballot if the party's bylaws restrict participation by unaffiliated [NONPARTISAN OR 12 UNDECLARED] voters in the party's primary. However, for a subsequent primary 13 election, the party shall timely submit another notice, bylaws, documentation, and 14 other information under (a) of this section if the party's bylaws regarding who may 15 participate in the primary election for selection of the party's candidates change. 16 * Sec. 26. AS 15.25.060(b) is amended to read: 17 (b) A voter may vote only one primary election ballot. A voter may vote a 18 political party ballot only if the voter is registered as affiliated with that party, is 19 allowed to participate in the party primary under the party's bylaws, or is registered as 20 unaffiliated [NONPARTISAN OR UNDECLARED] rather than as affiliated with a 21 particular political party and the party's bylaws do not restrict participation by 22 unaffiliated [NONPARTISAN OR UNDECLARED] voters in the party's primary. 23 For the purpose of determining which primary election ballot a voter may use, a 24 voter's party affiliation is considered to be the affiliation registered with the director as 25 of the 30th day before the primary election. If a voter changes party affiliation within 26 the 30 days before the primary election, the voter's previous party affiliation shall be 27 used for the determination under this subsection. 28 * Sec. 27. AS 15.15.360(c) is repealed. 29 * Sec. 28. This Act takes effect immediately under AS 01.10.070(c).