txt

SCS CSHB 414(JUD): "An Act relating to filling a vacancy in the office of United States senator, and to the definition of 'political party'; and providing for an effective date."

00 SENATE CS FOR CS FOR HOUSE BILL NO. 414(JUD) 01 "An Act relating to filling a vacancy in the office of United States senator, and to the 02 definition of 'political party'; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.40.140 is amended to read: 05 Sec. 15.40.140. Condition and time of calling special election. When a 06 vacancy occurs in the office of United States senator or United States representative, 07 the governor shall, by proclamation, call a special election to be held on a date not less 08 than 60, nor more than 90, days after the date the vacancy occurs. However, if the 09 vacancy occurs on a date that is less than 60 days before or is on or after the date of 10 the primary election in the general election year during which a candidate to fill the 11 office is regularly elected [YEARS], the governor may not call a special election. 12 * Sec. 2. AS 15.40 is amended by adding a new section to read: 13 Sec. 15.40.165. Term of elected senator. At the special election, a United 14 States senator shall be elected to fill the remainder of the unexpired term. The person

01 elected shall take office on the date the United States Senate meets, convenes, or 02 reconvenes following the certification of the results of the special election by the 03 director. 04 * Sec. 3. AS 15.40.200 is amended to read: 05 Sec. 15.40.200. Requirements of party petition. Petitions for the 06 nomination of candidates of political parties shall state in substance that the party 07 desires and intends to support the named candidate for the office of United States 08 senator or United States representative, as appropriate, at the special election and 09 requests that the name of the candidate nominated be placed on the ballot. 10 * Sec. 4. AS 15.40.220 is amended to read: 11 Sec. 15.40.220. General provisions for conduct of special election. Unless 12 specifically provided otherwise, all provisions regarding the conduct of the general 13 election shall govern the conduct of the special election of the United States senator 14 or United States representative, including [, BUT NOT LIMITED TO,] provisions 15 concerning voter qualifications; provisions regarding the duties, powers, rights, 16 and obligations of the director, of other election officials, and of municipalities; 17 provision for notification of the election; provision for payment of election 18 expenses; provisions regarding employees being allowed time from work to vote; 19 provisions for the counting, reviewing, and certification of returns; provisions for 20 the determination of the votes and of recounts, contests, and appeal; and 21 provision for absentee voting [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 22 * Sec. 5. AS 15.40.310 is amended to read: 23 Sec. 15.40.310. General provisions for conduct of special election. Unless 24 specifically provided otherwise, all provisions regarding the conduct of the general 25 election shall govern the conduct of the special election of the governor and lieutenant 26 governor, including [, BUT NOT LIMITED TO,] provisions concerning voter 27 qualifications; provisions regarding the duties, powers, rights, and obligations of 28 the director, of other election officials, and of municipalities; provision for 29 notification of the election; provision for payment of election expenses; provisions 30 regarding employees being allowed time from work to vote; provisions for the 31 counting, reviewing, and certification of returns; provisions for the

01 determination of the votes and of recounts, contests, and appeal; and provision 02 for absentee voting [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 03 * Sec. 6. AS 15.40.470 is amended to read: 04 Sec. 15.40.470. General provision for conduct of special election. Unless 05 specifically provided otherwise, all provisions regarding the conduct of the general 06 election shall govern the conduct of the special election of state senators, including [, 07 BUT NOT LIMITED TO, THE] provisions concerning voter qualifications; 08 provisions regarding the duties, powers, rights, and obligations of the director, of 09 other election officials, and of municipalities; provision for notification of the 10 election; provision for payment of election expenses; provisions regarding 11 employees being allowed time from work to vote; provisions for the counting, 12 reviewing, and certification of returns; provisions for the determination of the 13 votes and of recounts, contests, and appeal; and provision for absentee voting 14 [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 15 * Sec. 7. AS 15.60.010(21) is amended to read: 16 (21) "political party" means an organized group of voters that 17 represents a political program and 18 (A) that [EITHER] nominated a candidate for governor who 19 received at least three percent of the total votes cast for governor at the 20 preceding general election or has registered voters in the state equal in number 21 to at least three percent of the total votes cast for governor at the preceding 22 general election; 23 (B) if the office of governor was not on the ballot at the 24 preceding general election but the office of United States senator was on 25 that ballot, that nominated a candidate for United States senator who 26 received at least three percent of the total votes cast for United States 27 senator at that general election or has registered voters in the state equal 28 in number to at least three percent of the total votes cast for United States 29 senator at that general election; or 30 (C) if neither the office of governor nor the office of United 31 States senator was on the ballot at the preceding general election, that

01 nominated a candidate for United States representative who received at 02 least three percent of the total votes cast for United States representative 03 at that general election or has registered voters in the state equal in 04 number to at least three percent of the total votes cast for United States 05 representative at that general election; 06 * Sec. 8. AS 15.40.010, 15.40.050, 15.40.060, 15.40.070, 15.40.075, 15.40.130, and 07 15.40.135 are repealed. 08 * Sec. 9. Section 7 of this Act takes effect November 3, 2004.