HB 523: "An Act relating to qualifications of voters, voter registration, voter residence, precinct boundary modification, recognized political parties, voters unaffiliated with political parties, early voting, absentee voting, ballot counting, voting by mail, initiative, referendum, recall, and definitions; and providing for an effective date."
00 HOUSE BILL NO. 523 01 "An Act relating to qualifications of voters, voter registration, voter residence, precinct 02 boundary modification, recognized political parties, voters unaffiliated with political 03 parties, early voting, absentee voting, ballot counting, voting by mail, initiative, 04 referendum, recall, and definitions; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.05.020 is amended to read: 07 Sec. 15.05.020. Rules for determining residence of voter. For the purpose 08 of determining residence for voting, the place of residence is governed by the 09 following rules: 10 (1) A person may not be considered to have gained a residence solely 11 by reason of presence nor may a person lose it solely by reason of absence while in the 12 civil or military service of this state or of the United States or of absence because of 13 marriage to a person engaged in the civil or military service of this state or the United 14 States, while a student at an institution of learning, while in an institution or asylum at
01 public expense, while confined in public prison, while engaged in the navigation of 02 waters of this state, or the United States or of the high seas, while residing upon an 03 Indian or military reservation, or while residing in the Alaska Pioneers' Home. 04 (2) The residence of a person is that place in which the person's 05 habitation is fixed, and to which, whenever absent, the person has the intention to 06 return. If a person resides in one place, but does business in another, the former is the 07 person's place of residence. Temporary work sites [CONSTRUCTION CAMPS] do 08 not constitute a dwelling place. 09 (3) A change of residence is made only by the act of removal joined 10 with the intent to remain in another place. There can only be one residence. 11 (4) A person does not lose residence if the person leaves home and 12 goes to another country, state or place in this state for temporary purposes only and 13 with the intent of returning. 14 (5) A person does not gain residence in any place to which the person 15 comes without the present intention to establish a permanent dwelling at that place. 16 (6) A person loses residence in this state if the person votes in another 17 state's election, either in person or by absentee ballot, and will not be eligible to vote 18 in this state until again qualifying under AS 15.05.010. 19 (7) [REPEALED 20 (8)] The term of residence is computed by including the day on which 21 the person's residence begins and excluding the day of election. 22 (8) [(9) REPEALED 23 (10)] The address of a voter as it appears on the [AN] official voter 24 registration record [CARD] is presumptive evidence of the person's voting residence. 25 This presumption is negated only by the voter notifying the director in writing of a 26 change of voting residence. 27 * Sec. 2. AS 15.07.060(a) is amended to read: 28 (a) Each applicant who requests registration or reregistration shall supply the 29 following information: 30 (1) name and sex; 31 (2) if issued, the applicant's State of Alaska driver's license number or
01 State of Alaska identification card number, or the last four digits of the applicant's 02 social security number; 03 (3) date of birth; 04 (4) Alaska resident address, as specified in regulations adopted by 05 the director [AND OTHER NECESSARY INFORMATION ESTABLISHING 06 RESIDENCE, INCLUDING THE TERM OF RESIDENCE IN THE STATE AND IN 07 THE DISTRICT, IF REQUESTED]; 08 (5) whether the applicant has previously been registered to vote in 09 another jurisdiction, and, if so, the jurisdiction and the address of the previous 10 registration; 11 (6) a declaration that the registrant will be 18 years of age or older 12 within 90 days of the date of registration; 13 (7) a declaration that the registrant is a citizen of the United States; 14 (8) date of application; 15 (9) signature or mark; 16 (10) any former name under which the applicant was registered to vote 17 in the state; 18 (11) an attestation that the information provided by the applicant in 19 (1) - (10) of this subsection is true; and 20 (12) a certification that the applicant understands that a false statement 21 on the application may make the applicant subject to prosecution for a misdemeanor 22 under this title or AS 11. 23 * Sec. 3. AS 15.10.090 is amended to read: 24 Sec. 15.10.090. Notice of precinct boundary designation and modification. 25 The director shall give full public notice when precinct boundaries are designated and 26 when the boundaries of a precinct are modified or when a precinct is established or 27 abolished. Public notice must [SHALL] include 28 (1) [, BUT IS NOT LIMITED TO,] the publication of notice on three 29 different days in a daily newspaper of general circulation, if such a newspaper is 30 published in the house district where the precinct is located; however, if a daily 31 newspaper of general circulation is not published in the house district where the
01 precinct is located, public notice must include [, BY] posting written notice in a 02 [THREE] conspicuous place [PLACES] in the designated precinct; 03 (2) posting on the division of elections' Internet web site; [,] and 04 (3) [BY] notification to appropriate municipal clerks. 05 * Sec. 4. AS 15.15.350(a) is amended to read: 06 (a) The director may adopt regulations prescribing the manner in which the 07 precinct ballot count is accomplished so as to assure accuracy in the count and to 08 expedite the process. The election board shall account for all ballots by completing a 09 ballot statement containing (1) the number of official ballots received; (2) the number 10 of official ballots voted; (3) the number of official ballots spoiled; (4) the number of 11 official ballots unused and either destroyed or returned to the elections supervisor 12 or the election supervisor's designee for destruction. The board shall count the 13 number of questioned ballots and shall compare that number to the number of 14 questioned voters in the register. Discrepancies shall be noted and the numbers 15 included in the certificate prescribed by AS 15.15.370. The election board, in hand- 16 count precincts, shall count the ballots in a manner that allows watchers to see the 17 ballots when opened and read. A person handling the ballot after it has been taken 18 from the ballot box and before it is placed in the envelope for mailing may not have a 19 marking device in hand or remove a ballot from the immediate vicinity of the polls. 20 * Sec. 5. AS 15.20.064(a) is amended to read: 21 (a) On or after the 15th day before an election up to and including 22 election day, a [A] qualified voter who meets the requirements set out in this section 23 may vote early in the office of an election supervisor or in other locations designated 24 by the director [ON OR AFTER THE 15TH DAY BEFORE AN ELECTION UP TO 25 AND INCLUDING ELECTION DAY]. 26 * Sec. 6. AS 15.20.064(b) is amended to read: 27 (b) The election supervisor or other election official shall issue a ballot to the 28 voter upon 29 (1) exhibition of proof of identification as required in AS 15.15.225; 30 (2) verification that the voter's residence address appearing on the 31 official registration list is current [AND WITHIN THE ELECTION SUPERVISOR'S
01 JURISDICTION]; and 02 (3) the voter's signing the early voting register. 03 * Sec. 7. AS 15.20.066(b) is amended to read: 04 (b) An absentee ballot that is completed and returned by the voter by 05 electronic transmission must 06 (1) contain the following statement: "I understand that by using 07 electronic transmission to return my marked ballot, I am voluntarily waiving a portion 08 of my right to a secret ballot to the extent necessary to process my ballot, but expect 09 that my vote will be held as confidential as possible." followed by the voter's signature 10 and date of signature; and 11 (2) be accompanied by a statement executed under oath as to the 12 voter's identity; the statement under oath must be witnessed by 13 (A) a commissioned or noncommissioned officer of the armed 14 forces of the United States; 15 (B) an official authorized by federal law or the law of the state 16 in which the absentee ballot is cast to administer an oath; or 17 (C) a [TWO] United States citizen [CITIZENS] who is [ARE] 18 18 years of age or older. 19 * Sec. 8. AS 15.20.081(d) is amended to read: 20 (d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a 21 notary public, commissioned officer of the armed forces including the National Guard, 22 district judge or magistrate, United States postal official, registration official, or other 23 person qualified to administer oaths, may proceed to mark the ballot in secret, to place 24 the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, 25 and to sign the voter's certificate on the envelope in the presence of an official listed in 26 this subsection who shall sign as attesting official and shall date the signature. If none 27 of the officials listed in this subsection is reasonably accessible, an absentee voter 28 shall sign the voter's certificate in the presence of one person who is a United States 29 citizen and is [TWO PERSONS OVER THE AGE OF] 18 years of age or older, who 30 shall sign as a witness [WITNESSES] and attest to the date on which the voter signed 31 the certificate in the person's [THEIR] presence, and, in addition, the voter shall
01 provide the certification prescribed in AS 09.63.020. 02 * Sec. 9. AS 15.20.081(h) is amended to read: 03 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 04 from outside the United States or from an overseas voter qualifying under 05 AS 15.05.011 [A MILITARY APO OR FPO ADDRESS] that has been marked and 06 mailed not later than election day may not be counted unless the ballot is received by 07 the election supervisor not later than the close of business on the 15th day following 08 the election. 09 * Sec. 10. AS 15.20.800(b) is amended to read. 10 (b) If the director conducts an election under (a) of this section by mail, the 11 director shall send a ballot for each election described in (a) of this section to each 12 person whose name appears on the official registration list prepared under 13 AS 15.07.125 for that election. The director shall send ballots by first class, 14 nonforwardable mail. The ballot shall be sent to the address stated on the official 15 registration list unless the 16 (1) voter has notified the director or an election supervisor of a 17 different address to which the ballot should be sent; or 18 (2) address on the official registration list has been identified as 19 being an undeliverable address. [THE DIRECTOR SHALL SEND BALLOTS BY 20 FIRST CLASS, NONFORWARDABLE MAIL.] 21 * Sec. 11. AS 15.20 is amended by adding a new section to article 5 to read: 22 Sec. 15.20.910. Standards for voting machines and vote tally systems. The 23 director may approve a voting machine or vote tally system for use in an election in 24 the state upon consideration of factors relevant to the administration of state elections, 25 including whether the Federal Election Commission has certified the voting machine 26 or vote tally system to be in compliance with the voting system standards approved by 27 the Federal Election Commission as required by 42 U.S.C. 15481(a)(5) (Help America 28 Vote Act). 29 * Sec. 12. AS 15.45.030 is amended to read: 30 Sec. 15.45.030. Form of application. The application must [SHALL] 31 include the
01 (1) [THE] proposed bill to be initiated; [,] 02 (2) printed name, signature, address, and date of birth of not less 03 than 100 qualified voters who will serve as sponsors; each signature page must 04 include a statement that the sponsors are qualified voters who signed the application 05 with the proposed bill attached; and [,] 06 (3) the designation of an initiative committee consisting of three of the 07 sponsors who subscribed to the application, and shall represent all sponsors and 08 subscribers in matters relating to the initiative; the designation must include the 09 name, mailing address, and signature of each committee member [, AND (4) THE 10 SIGNATURES AND ADDRESSES OF NOT LESS THAN 100 QUALIFIED 11 VOTERS]. 12 * Sec. 13. AS 15.45.060 is amended to read: 13 Sec. 15.45.060. Designation of sponsors. The qualified voters who subscribe 14 to the application in support of the proposed bill are designated as sponsors. The 15 initiative committee may designate additional sponsors by giving written notice to the 16 lieutenant governor of the names and addresses of those so designated. 17 * Sec. 14. AS 15.45.090 is amended to read: 18 Sec. 15.45.090. Preparation of petition. If the application is certified, the 19 lieutenant governor shall prescribe the form of and prepare petitions containing (1) a 20 copy of the proposed bill if the number of words included in both the formal and 21 substantive provisions of the bill is 500 or less; [,] (2) an impartial summary of the 22 subject matter of the bill; [,] (3) the warning prescribed in AS 15.45.100; [,] (4) 23 sufficient space for the printed name, date of birth, signature, and address; [,] (5) 24 sufficient space at the bottom of each signature page for the information required by 25 AS 15.45.130(8); [,] and (6) other specifications prescribed by the lieutenant governor 26 to assure proper handling and control. Petitions, for purposes of circulation, shall be 27 prepared by the lieutenant governor in a number reasonably calculated to allow full 28 circulation throughout the state and shall be sequentially numbered. [THE 29 LIEUTENANT GOVERNOR SHALL NUMBER EACH PETITION AND SHALL 30 KEEP A RECORD OF THE PETITION DELIVERED TO EACH SPONSOR.] Upon 31 request of the committee, the lieutenant governor shall report the number of persons
01 who voted in the preceding general election to the initiative committee. 02 * Sec. 15. AS 15.45 is amended by adding a new section to read: 03 Sec. 15.45.105. Qualifications of circulator. To circulate a petition booklet, 04 a person must be 05 (1) 18 years of age or older; and 06 (2) a resident of the state as determined under AS 15.05.020. 07 * Sec. 16. AS 15.45.120 is amended to read: 08 Sec. 15.45.120. Manner of signing and withdrawing name from petition. 09 Any qualified voter may subscribe to the petition by printing the voter's name, date 10 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 11 who has signed the initiative petition may withdraw the person's name only by giving 12 written notice to the lieutenant governor before the date the petition is filed. 13 * Sec. 17. AS 15.45.130 is amended to read: 14 Sec. 15.45.130. Certification of circulator. Before being filed, each petition 15 shall be certified by an affidavit by the person who personally circulated the petition. 16 The affidavit must state in substance that (1) the person signing the affidavit meets the 17 residency and [,] age [, AND CITIZENSHIP] qualifications for circulating a petition 18 under AS 15.45.105; [OF AS 15.05.010,] (2) the person is the only circulator of that 19 petition; [,] (3) the signatures were made in the circulator's actual presence; [,] (4) to 20 the best of the circulator's knowledge, the signatures are those of the persons whose 21 names they purport to be; [,] (5) the signatures are of persons who were qualified 22 voters on the date of signature; [,] (6) the person has not entered into an agreement 23 with a person or organization in violation of AS 15.45.110(c); [,] (7) the person has 24 not violated AS 15.45.110(d) with respect to that petition; [,] and (8) before 25 circulation of the petition, the circulator prominently placed, in the space provided 26 under AS 15.45.090(5), and [BEFORE CIRCULATION OF THE PETITION, IN 27 BOLD CAPITAL LETTERS, THE CIRCULATOR'S NAME AND,] if the circulator 28 has received payment or agreed to receive payment for the collection of signatures on 29 the petition, the name of each person or organization that has paid or agreed to pay the 30 circulator for collection of signatures on the petition. In determining the sufficiency of 31 the petition, the lieutenant governor may not count subscriptions on petitions not
01 properly certified. 02 * Sec. 18. AS 15.45.200 is amended to read: 03 Sec. 15.45.200. Display of proposed law. The director shall provide each 04 election board with five [10] copies of the proposed law being initiated, and the 05 election board shall display one copy [THREE COPIES] of the proposed law in a 06 conspicuous place in the room where the election is held. 07 * Sec. 19. AS 15.45.270 is amended to read: 08 Sec. 15.45.270. Form of application. The application must [SHALL] 09 include 10 (1) the act to be referred; 11 (2) a statement of approval or rejection; 12 (3) the printed name, signature, address, and date of birth of not 13 less than 100 qualified voters who will serve as sponsors; each signature page 14 must include a statement that the sponsors are qualified voters who signed the 15 application with the act to be referred and the statement of approval or rejection 16 [PROPOSED BILL] attached; and 17 (4) [(3)] the designation of a referendum committee consisting of three 18 of the sponsors who subscribed to the application and shall represent all sponsors 19 and subscribers in matters relating to the referendum; the designation must include 20 the name, address, and signature of each committee member [AND 21 (4) THE SIGNATURES AND ADDRESSES OF NOT FEWER 22 THAN 100 QUALIFIED VOTERS]. 23 * Sec. 20. AS 15.45.290 is amended to read: 24 Sec. 15.45.290. Designation of sponsors. The qualified voters who subscribe 25 to the application in support of the referendum are designated as sponsors. The 26 referendum committee may designate additional sponsors by giving notice to the 27 lieutenant governor of the names and addresses of those so designated. 28 * Sec. 21. AS 15.45.320 is amended to read: 29 Sec. 15.45.320. Preparation of petition. If the application is certified, the 30 lieutenant governor shall, within seven calendar days after the date of certification, 31 prescribe the form of, and prepare, a petition containing (1) a copy of the act to be
01 referred, if the number of words included in both the formal and substantive 02 provisions of the bill is 500 or less; [,] (2) the statement of rejection or approval; 03 (3) an impartial summary of the subject matter of the act; (4) [, (3)] the warning 04 prescribed in AS 15.45.330; (5) [(4)] sufficient space for the printed names, dates 05 of birth, signatures, and addresses; (6) sufficient space at the bottom of each page 06 for the information required by AS 15.45.360(8); [,] and (7) [(5)] other 07 specifications prescribed by the lieutenant governor to assure proper handling and 08 control. Petitions, for purposes of circulation, shall be prepared by the lieutenant 09 governor in a number reasonably calculated to allow full circulation throughout the 10 state and shall be sequentially numbered. [THE LIEUTENANT GOVERNOR 11 SHALL NUMBER EACH PETITION AND SHALL KEEP A RECORD OF THE 12 PETITIONS DELIVERED TO EACH SPONSOR.] Upon request of the referendum 13 committee, the lieutenant governor shall specify the number of persons who voted in 14 the preceding general election to the referendum committee. 15 * Sec. 22. AS 15.45 is amended by adding a new section to read: 16 Sec. 15.45.335. Qualifications of circulator. To circulate a petition booklet, 17 a person must be 18 (1) 18 years of age or older; and 19 (2) a resident of the state as determined under AS 15.05.020. 20 * Sec. 23. AS 15.45.340 is amended by adding new subsections to read: 21 (b) A circulator may not receive payment or agree to receive payment that is 22 greater than $1 a signature, and a person or an organization may not pay or agree to 23 pay an amount that is greater than $1 a signature, for the collection of signatures on a 24 petition. 25 (c) A person or organization may not knowingly pay, offer to pay, or cause to 26 be paid money or other valuable thing to a person to sign or refrain from signing a 27 petition. 28 (d) A person or organization that violates (b) or (c) of this section is guilty of a 29 class B misdemeanor. 30 (e) In this section, 31 (1) "organization" has the meaning given in AS 11.81.900;
01 (2) "other valuable thing" has the meaning given in AS 15.56.030(d); 02 (3) "person" has the meaning given in AS 11.81.900. 03 * Sec. 24. AS 15.45.350 is amended to read: 04 Sec. 15.45.350. Manner of signing and withdrawing name from petition. 05 Any qualified voter may subscribe to the petition by printing the voter's name, date 06 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 07 who has signed the referendum petition may withdraw the person's name only by 08 giving written notice to the lieutenant governor before the date the petition is filed. 09 * Sec. 25. AS 15.45.360 is amended to read: 10 Sec. 15.45.360. Certification of circulator. Before being filed, each petition 11 shall be certified by an affidavit by the person who circulated the petition. The 12 affidavit must [SHALL] state in substance that (1) the person signing the affidavit 13 meets the residency and [,] age [, AND CITIZENSHIP] qualifications for circulating 14 a petition under AS 15.45.335; [OF AS 15.05.010,] (2) the person is the only 15 circulator of the petition; [,] (3) the signatures were made in the circulator's actual 16 presence; [, AND] (4) to the best of the circulator's knowledge, the signatures are the 17 signatures of persons whose names they purport to be; (5) the signatures are of 18 persons who were qualified voters on the date of signature; (6) the person has 19 not entered into an agreement with a person or organization in violation of 20 AS 15.45.340(b); (7) the person has not violated AS 15.45.340(c) with respect to 21 that petition; and (8) before circulation of the petition, the circulator 22 prominently placed, in the space provided under AS 15.45.320(6), and if the 23 circulator has received payment or agreed to receive payment for the collection 24 of signatures on the petition, the name of each person or organization that has 25 paid or agreed to pay the circulator for collection of signatures on the petition. In 26 determining the sufficiency of the petition, the lieutenant governor may not count 27 subscriptions on petitions not properly certified. 28 * Sec. 26. AS 15.45.430 is amended to read: 29 Sec. 15.45.430. Display of act being referred. The director shall provide 30 each election board with five [10] copies of the act being referred, and the election 31 board shall display one copy [THREE COPIES] of the act in a conspicuous place in
01 the room where the election is held. 02 * Sec. 27. AS 15.45.500 is amended to read: 03 Sec. 15.45.500. Form of application. The application must include 04 (1) the name and office of the person to be recalled; 05 (2) the grounds for recall described in particular in not more than 200 06 words; 07 (3) the printed name, signature, address, and date of birth of 08 qualified voters equal in number to 10 percent of those who voted in the 09 preceding general election in the state or in the senate or house district of the 10 official sought to be recalled; each signature page must include a statement that the 11 sponsors are qualified voters who 12 (A) will serve as sponsors; and 13 (B) signed the application with 14 (i) the name and office of the person to be recalled; 15 and 16 (ii) the statement of grounds for recall attached; and 17 (4) the designation of a recall committee consisting of three of the 18 sponsors who subscribed to the application and shall represent all sponsors and 19 subscribers in matters relating to the recall; the designation must include the name, 20 mailing address, and signature of each committee member 21 [(5) THE SIGNATURES OF AT LEAST 100 QUALIFIED VOTERS 22 WHO SUBSCRIBE TO THE APPLICATION AS SPONSORS FOR PURPOSES OF 23 CIRCULATION; AND 24 (6) THE SIGNATURES AND ADDRESSES OF QUALIFIED 25 VOTERS EQUAL IN NUMBER TO 10 PERCENT OF THOSE WHO VOTED IN 26 THE PRECEDING GENERAL ELECTION IN THE STATE OR IN THE SENATE 27 OR HOUSE DISTRICT OF THE OFFICIAL SOUGHT TO BE RECALLED]. 28 * Sec. 28. AS 15.45 is amended by adding a new section to read: 29 Sec. 15.45.515. Designation of sponsors. The qualified voters who subscribe 30 to the application in support of the recall are designated as sponsors. The recall 31 committee may designate additional sponsors by giving notice to the lieutenant
01 governor of the names, addresses, and dates of birth of those so designated. 02 * Sec. 29. AS 15.45.560 is amended to read: 03 Sec. 15.45.560. Preparation of petition. If [UPON CERTIFYING] the 04 application is certified, the director shall prescribe the form of, and prepare, a petition 05 containing (1) the name and office of the person to be recalled; [,] (2) the statement 06 of the grounds for recall included in the application; [,] (3) the statement of warning 07 required in AS 15.45.570; [,] (4) sufficient space for the printed name, date of 08 birth, signatures, and addresses; [, AND] (5) sufficient space at the bottom of each 09 page for the information required by AS 15.45.600(8); and (6) other specifications 10 prescribed by the director to assure proper handling and control. Petitions, for 11 purposes of circulation, shall be prepared by the director in a number reasonably 12 calculated to allow full circulation throughout the state or throughout the senate or 13 house district of the official sought to be recalled, and shall be sequentially 14 numbered. Upon request of the recall committee, the lieutenant governor shall 15 specify the number of persons who voted in the preceding general election in the 16 state or in the district of the official sought to be recalled to the recall committee 17 [THE DIRECTOR SHALL NUMBER EACH PETITION AND SHALL KEEP A 18 RECORD OF THE PETITIONS DELIVERED TO EACH SPONSOR]. 19 * Sec. 30. AS 15.45 is amended by adding a new section to read: 20 Sec. 15.45.575. Qualifications of circulator. To circulate a petition booklet, 21 a person must be 22 (1) 18 years of age or older; and 23 (2) a resident of the state as determined under AS 15.05.020. 24 * Sec. 31. AS 15.45.580 is amended by adding new subsections to read: 25 (b) A circulator may not receive payment or agree to receive payment that is 26 greater than $1 a signature, and a person or an organization may not pay or agree to 27 pay an amount that is greater than $1 a signature, for the collection of signatures on a 28 petition. 29 (c) A person or organization may not knowingly pay, offer to pay, or cause to 30 be paid money or other valuable thing to a person to sign or refrain from signing a 31 petition.
01 (d) A person or organization that violates (b) or (c) of this section is guilty of a 02 class B misdemeanor. 03 (e) In this section, 04 (1) "organization" has the meaning given in AS 11.81.900; 05 (2) "other valuable thing" has the meaning given in AS 15.56.030(d); 06 (3) "person" has the meaning given in AS 11.81.900. 07 * Sec. 32. AS 15.45.590 is amended to read: 08 Sec. 15.45.590. Manner of signing and withdrawing name from petition. 09 Any qualified voter may subscribe to the petition by printing the voter's name, date 10 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 11 who has signed the petition may withdraw the person's name only by giving written 12 notice to the director before the date the petition is filed. 13 * Sec. 33. AS 15.45.600 is amended to read: 14 Sec. 15.45.600. Certification of circulator. Before being filed, each petition 15 shall be certified by an affidavit by the person who personally circulated the petition. 16 The affidavit must [SHALL] state in substance that (1) the person signing the 17 affidavit meets the residency and [,] age [, AND CITIZENSHIP] qualifications of 18 AS 15.45.575; [AS 15.05.010,] (2) the person is the only circulator of that petition or 19 copy; [,] (3) the signatures were made in the circulator's actual presence; [, AND] (4) 20 to the best of the circulator's knowledge, the signatures are those of the persons whose 21 names they purport to be; (5) the signatures are of persons who were qualified 22 voters on the date of signature; (6) the person has not entered into an agreement 23 with a person or organization in violation of AS 15.45.580(b); (7) the person has 24 not violated AS 15.45.580(c) with respect to that petition; and (8) before 25 circulation of the petition, the circulator prominently placed, in the space 26 provided under AS 15.45.560(5), and if the circulator has received payment or 27 agreed to receive payment for the collection of signatures on the petition, the 28 name of each person or organization that has paid or agreed to pay the circulator 29 for collection of signatures on the petition. In determining the sufficiency of the 30 petition, the director may not count subscriptions on petitions not properly certified. 31 * Sec. 34. AS 15.45.680 is amended to read:
01 Sec. 15.45.680. Display of grounds [BASES] for and against recall. The 02 director shall provide each election board in the state or in the senate or house district 03 of the person subject to recall with five [10] copies of the statement of the grounds for 04 recall included in the application and five [10] copies of the statement of not more 05 than 200 words made by the official subject to recall in justification of the official's 06 conduct in office. The person subject to recall may provide the director with the 07 statement within 10 days after the date the director gave notification that the petition 08 was properly filed. The election board shall post one copy [THREE COPIES] of the 09 statements for and against recall in a [THREE] conspicuous place [PLACES] in the 10 polling place. 11 * Sec. 35. AS 15.60 is amended by adding a new section to read: 12 Sec. 15.60.003. Voters unaffiliated with political parties. The director shall 13 consider a voter to be a voter registered as 14 (1) "nonpartisan" and without a preference for a political party if the 15 voter registers as nonpartisan on a voter registration form; or 16 (2) "undeclared" if the voter 17 (A) registers as undeclared on a voter registration form; 18 (B) fails to declare on a voter registration form an affiliation 19 with a political group or political party; or 20 (C) declares on a voter registration form an affiliation with an 21 entity other than a political party or political group; or 22 (3) "other" if the voter declares on a voter registration form an 23 affiliation with a political group. 24 * Sec. 36. AS 15.60 is amended by adding a new section to read: 25 Sec. 15.60.008. Recognized political party status. (a) A political group that 26 the director has not recognized as a political party may obtain recognized political 27 party status if, on or before May 31 of the first election year for which it seeks 28 recognition, the political group 29 (1) files an application with the director; 30 (2) submits bylaws to the director and the United States Department of 31 Justice as required of political parties in AS 15.25.014; and
01 (3) either 02 (A) nominated a candidate for statewide office who received at 03 least three percent of the total votes cast for that statewide office at the 04 preceding general election; or 05 (B) has registered voters in the state equal in number to at least 06 three percent of the total votes cast for governor at the preceding general 07 election. 08 (b) The director shall verify that each political group seeking recognized 09 political party status under (a) of this section and each recognized political party 10 (1) nominated a candidate for statewide office who received at least 11 three percent of the total votes cast for that statewide office at the preceding general 12 election; or 13 (2) has registered voters in the state equal in number to at least three 14 percent of the total votes cast for governor at the preceding general election. 15 (c) The director shall perform a verification described in (b) of this section at 16 least once a month after the date of certification of the preceding general election. For 17 purposes of (b)(2) of this section, the director shall verify that the voters who have 18 submitted registration to the division of elections are qualified under AS 15.05.010 19 and have declared affiliation with the political group or recognized political party for 20 which the verification is performed. 21 (d) Except as provided in (e) of this section, within 10 days after a verification 22 under (c) of this section, the director shall provide, to 23 (1) a political group seeking recognized political party status under (a) 24 of this section, written notification when the political group has obtained recognized 25 political party status; and 26 (2) any recognized political party that no longer qualifies under (b) of 27 this section for recognized political party status, written notification that recognized 28 political party status has been withdrawn, and an application to obtain recognized 29 political party status under (a) of this section; if the application is not returned in 30 accordance with (a) of this section within 45 days after the director sends the written 31 notification, the director shall discontinue monthly verification under (c) of this
01 section for that political group. 02 (e) Notwithstanding (d) of this section, from June 1 of an election year 03 through the date of the first verification under (b) of this section that occurs after 04 certification of the results of the general election, the director may not withdraw 05 recognized political party status. 06 * Sec. 37. AS 15.60.010(21) is amended to read: 07 (21) "political party" means an organized group of voters that 08 represents a political program and that either nominated a candidate for statewide 09 office [GOVERNOR] who received at least three percent of the total votes cast for 10 that office [GOVERNOR] at the preceding general election or has registered voters in 11 the state equal in number to at least three percent of the total votes cast for governor at 12 the preceding general election; 13 * Sec. 38. AS 15.60.010 is amended by adding new paragraphs to read: 14 (38) "reregistration" means the submission of a registration form by a 15 voter whose registration was inactivated on the master register maintained under 16 AS 15.07, and the director's reactivation of that registration in accordance with that 17 chapter; in this paragraph, "a voter whose registration was inactivated" does not 18 include a voter whose registration was inactivated under AS 15.07.130 and whose 19 ballot may be counted under AS 15.15.198; 20 (39) "statewide office" means the office of governor, lieutenant 21 governor, United States senator, or United States representative. 22 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. The changes made by secs. 12 - 34 of this Act apply to an 25 application for an initiative, referendum, or recall filed with the lieutenant governor on or 26 after the effective date of this Act. 27 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 TRANSITION. An initiative, referendum, or recall for which an application was filed 30 with the lieutenant governor before the effective date of this Act is subject to the provisions of 31 AS 15.45 as they existed on the day before the effective date of this Act.
01 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the 04 heading of art. 5 of AS 15.20 from "Article 5. Optically Scanned Voting" to "Article 5. 05 Optically Scanned Voting; Voting Machine or Tally System Standards." 06 * Sec. 42. This Act takes effect immediately under AS 01.01.070(c).