HB 94: "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice-President of the United States, voter registration and voter registration records, voter registration through a power of attorney, voter registration using scanned documents, voter residence, precinct boundary and polling place designation and modification, recognized political parties, voters unaffiliated with a political party, early voting, absentee voting, application for absentee ballots through a power of attorney, or by scanned documents, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, initiative, referendum, recall, and definitions in the Alaska Election Code; relating to incorporation elections; and providing for an effective date."
00 HOUSE BILL NO. 94 01 "An Act relating to qualifications of voters, requirements and procedures regarding 02 independent candidates for President and Vice-President of the United States, voter 03 registration and voter registration records, voter registration through a power of 04 attorney, voter registration using scanned documents, voter residence, precinct 05 boundary and polling place designation and modification, recognized political parties, 06 voters unaffiliated with a political party, early voting, absentee voting, application for 07 absentee ballots through a power of attorney, or by scanned documents, ballot design, 08 ballot counting, voting by mail, voting machines, vote tally systems, initiative, 09 referendum, recall, and definitions in the Alaska Election Code; relating to 10 incorporation elections; and providing for an effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 15.05.020 is amended to read:
01 Sec. 15.05.020. Rules for determining residence of voter. For the purpose 02 of determining residence for voting, the place of residence is governed by the 03 following rules: 04 (1) A person may not be considered to have gained a residence solely 05 by reason of presence nor may a person lose it solely by reason of absence while in the 06 civil or military service of this state or of the United States or of absence because of 07 marriage to a person engaged in the civil or military service of this state or the United 08 States, while a student at an institution of learning, while in an institution or asylum at 09 public expense, while confined in public prison, while engaged in the navigation of 10 waters of this state or the United States or of the high seas, while residing upon an 11 Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 12 Alaska Veterans' Home. 13 (2) The residence of a person is that place in which the person's 14 habitation is fixed, and to which, whenever absent, the person has the intention to 15 return. If a person resides in one place, but does business in another, the former is the 16 person's place of residence. Temporary work sites [CONSTRUCTION CAMPS] do 17 not constitute a dwelling place. 18 (3) A change of residence is made only by the act of removal joined 19 with the intent to remain in another place. There can only be one residence. 20 (4) A person does not lose residence if the person leaves home and 21 goes to another country, state, or place in this state for temporary purposes only and 22 with the intent of returning. 23 (5) A person does not gain residence in any place to which the person 24 comes without the present intention to establish a permanent dwelling at that place. 25 (6) A person loses residence in this state if the person votes in another 26 state's election, either in person or by absentee ballot, and will not be eligible to vote 27 in this state until again qualifying under AS 15.05.010. 28 (7) The term of residence is computed by including the day on which 29 the person's residence begins and excluding the day of election. 30 (8) The address of a voter as it appears on the [AN] official voter 31 registration record [CARD] is presumptive evidence of the person's voting residence.
01 This presumption is negated only if the voter notifies the director in writing of a 02 change of voting residence. 03 * Sec. 2. AS 15.07.050 is amended to read: 04 Sec. 15.07.050. Manner of registration. Registration may be made 05 (1) in person before a registration official or through a voter 06 registration agency; 07 (2) by another individual on behalf of the voter if the voter has 08 executed a written power of attorney specifically authorizing that other 09 individual to register the voter; 10 (3) by mail; or 11 (4) [(3)] by facsimile transmission, scanning, or another method of 12 electronic transmission that the director approves. 13 * Sec. 3. AS 15.07.060(a) is amended to read: 14 (a) Each applicant who requests registration or reregistration shall supply the 15 following information: 16 (1) the applicant's name and sex; 17 (2) if issued, the applicant's State of Alaska driver's license number or 18 State of Alaska identification card number, or the last four digits of the applicant's 19 social security number; 20 (3) the applicant's date of birth; 21 (4) the applicant's Alaska residence address, as specified in 22 regulations adopted by the director [AND OTHER NECESSARY INFORMATION 23 ESTABLISHING RESIDENCE, INCLUDING THE TERM OF RESIDENCE IN 24 THE STATE AND IN THE DISTRICT, IF REQUESTED]; 25 (5) a statement of whether the applicant has previously been 26 registered to vote in another jurisdiction, and, if so, the jurisdiction and the address of 27 the previous registration; 28 (6) a declaration that the applicant [REGISTRANT] will be 18 years 29 of age or older within 90 days after [OF] the date of registration; 30 (7) a declaration that the applicant [REGISTRANT] is a citizen of the 31 United States;
01 (8) the date of application; 02 (9) the applicant's signature or mark; 03 (10) any former name under which the applicant was registered to vote 04 in the state; 05 (11) an oath [ATTESTATION] that the information provided by the 06 applicant in (1) - (10) of this subsection is true; and 07 (12) a certification that the applicant understands that a false statement 08 on the application may make the applicant subject to prosecution for a misdemeanor 09 under this title or AS 11. 10 * Sec. 4. AS 15.07.070(b) is amended to read: 11 (b) To register by mail or by facsimile, scanning, or other electronic 12 transmission approved by the director under AS 15.07.050, the director, the area 13 election supervisor, or a voter registration agency shall furnish, at no cost to the voter, 14 forms prepared by the director on which the registration information required under 15 AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if 16 that person is designated to act on behalf of the voter in a power of attorney as 17 set out in AS 15.07.050, or by a person on behalf of the voter if the voter is physically 18 incapacitated. The director may require proof of identification of the applicant as 19 required by regulations adopted by the director under AS 44.62 (Administrative 20 Procedure Act). Upon receipt and approval of the completed registration forms, the 21 director or the election supervisor shall forward to the voter an acknowledgment, and 22 the voter's name shall immediately be placed on the master register. If the registration 23 is denied, the voter shall immediately be informed in writing that registration was 24 denied and the reason for denial. When identifying information has been provided by 25 the voter as required by this chapter, the election supervisor shall forward to the voter 26 a registration card. 27 * Sec. 5. AS 15.07.127 is amended to read: 28 Sec. 15.07.127. Preparation of master register. The director shall prepare 29 both a statewide list and a list by precinct of the names and addresses of all persons 30 whose names appear on the master register and their political party affiliation. 31 Subject to the limitations of 15.07.195, any [ANY] person may obtain a copy of the
01 list, or a part of the list, or an electronic format containing both residence and mailing 02 addresses of voters, by applying to the director and paying to the state treasury a fee as 03 determined by the director. 04 * Sec. 6. AS 15.10.090 is amended to read: 05 Sec. 15.10.090. Notice of precinct boundary designation and modification. 06 The director shall give full public notice when precinct boundaries are designated and 07 when the boundaries of a precinct are modified or when a precinct is established or 08 abolished. Public notice must [SHALL] include 09 (1) [, BUT IS NOT LIMITED TO,] the publication of notice on three 10 different days in a daily newspaper of general circulation; [,] if possible, the 11 newspaper shall be one that is available generally in the house district [SUCH A 12 NEWSPAPER IS PUBLISHED IN THE HOUSE DISTRICT] where the precinct is 13 located; however, if a daily newspaper of general circulation is not generally 14 available in that house district, public notice must include [, BY] posting written 15 notice in a [THREE] conspicuous place [PLACES] in the designated precinct; 16 (2) posting on the division of elections' Internet web site; [,] and 17 (3) [BY] notification to appropriate municipal clerks. 18 * Sec. 7. AS 15.15.030(7) is amended to read: 19 (7) The general election ballot shall be designed with the names of 20 candidates of each political party, and of any independent candidates qualified 21 under AS 15.30.026, for the office of President and Vice-President of the United 22 States placed in the same section on the ballot rather than the names of electors of 23 President and Vice-President. 24 * Sec. 8. AS 15.15.350(a) is amended to read: 25 (a) The director may adopt regulations prescribing the manner in which the 26 precinct ballot count is accomplished so as to ensure [ASSURE] accuracy in the count 27 and to expedite the process. The election board shall account for all ballots by 28 completing a ballot statement containing (1) the number of official ballots received; 29 (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) 30 the number of official ballots unused and either destroyed or returned for 31 destruction to the elections supervisor or the election supervisor's designee. The
01 board shall count the number of questioned ballots and [SHALL] compare that 02 number to the number of questioned voters in the register. Discrepancies shall be 03 noted and the numbers included in the certificate prescribed by AS 15.15.370. The 04 election board, in hand-count precincts, shall count the ballots in a manner that allows 05 watchers to see the ballots when opened and read. A person handling the ballot after it 06 has been taken from the ballot box and before it is placed in the envelope for mailing 07 may not have a marking device in hand or remove a ballot from the immediate vicinity 08 of the polls. 09 * Sec. 9. AS 15.20.064(a) is amended to read: 10 (a) For 15 days before an election and on election day, a qualified voter who 11 meets the requirements set out in this section may vote in locations designated by the 12 director by January 1 of an election year. 13 * Sec. 10. AS 15.20.066(b) is amended to read: 14 (b) An absentee ballot that is completed and returned by the voter by 15 electronic transmission must 16 (1) contain the following statement: "I understand that, by using 17 electronic transmission to return my marked ballot, I am voluntarily waiving a portion 18 of my right to a secret ballot to the extent necessary to process my ballot, but expect 19 that my vote will be held as confidential as possible." followed by the voter's signature 20 and date of signature; and 21 (2) be accompanied by a statement executed under oath as to the 22 voter's identity; the statement under oath must be witnessed by 23 (A) a commissioned or noncommissioned officer of the armed 24 forces of the United States; 25 (B) an official authorized by federal law or the law of the state 26 in which the absentee ballot is cast to administer an oath; or 27 (C) a [TWO] United States citizen [CITIZENS] who is [ARE] 28 18 years of age or older. 29 * Sec. 11. AS 15.20.081(a) is amended to read: 30 (a) A qualified voter may apply by mail or by facsimile, scanning, or other 31 electronic transmission to the director for an absentee ballot. Another person may
01 apply for an absentee ballot on behalf of a qualified voter if that person is 02 designated to act on behalf of the voter in a written power of attorney that 03 specifically authorizes the other person to apply for an absentee ballot on behalf 04 of the voter. The application must include the address or, if the application requests 05 delivery of an absentee ballot by electronic transmission, the telephone electronic 06 transmission number, to which the absentee ballot is to be returned, the applicant's full 07 Alaska residence address, and the applicant's signature. However, a person residing 08 outside the United States and applying to vote absentee in federal elections in 09 accordance with AS 15.05.011 need not include an Alaska residence address in the 10 application. 11 * Sec. 12. AS 15.20.081(d) is amended to read: 12 (d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a 13 notary public, commissioned officer of the armed forces including the National Guard, 14 district judge or magistrate, United States postal official, registration official, or other 15 person qualified to administer oaths, may proceed to mark the ballot in secret, to place 16 the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, 17 and to sign the voter's certificate on the envelope in the presence of an official listed in 18 this subsection who shall sign as attesting official and shall date the signature. If none 19 of the officials listed in this subsection is reasonably accessible, an absentee voter 20 shall sign the voter's certificate in the presence of one person who is a United States 21 citizen and is [TWO PERSONS OVER THE AGE OF] 18 years of age or older, who 22 shall sign as a witness [WITNESSES] and attest to the date on which the voter signed 23 the certificate in the person's [THEIR] presence, and, in addition, the voter shall 24 provide the certification prescribed in AS 09.63.020. 25 * Sec. 13. AS 15.20.081(h) is amended to read: 26 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 27 from outside the United States or from an overseas voter qualifying under 28 AS 15.05.011 [A MILITARY APO OR FPO ADDRESS] that has been marked and 29 mailed not later than election day may not be counted unless the ballot is received by 30 the election supervisor not later than the close of business on the 15th day following 31 the election.
01 * Sec. 14. AS 15.20.800(b) is amended to read. 02 (b) If the director conducts an election under (a) of this section by mail, the 03 director shall send a ballot for each election described in (a) of this section to each 04 person whose name appears on the official registration list prepared under 05 AS 15.07.125 for that election. The director shall send ballots by first class, 06 nonforwardable mail. The ballot shall be sent to the address stated on the official 07 registration list unless the 08 (1) voter has notified the director or an election supervisor of a 09 different address to which the ballot should be sent; or 10 (2) address on the official registration list has been identified as 11 being an undeliverable address [. THE DIRECTOR SHALL SEND BALLOTS BY 12 FIRST CLASS, NONFORWARDABLE MAIL]. 13 * Sec. 15. AS 15.20 is amended by adding a new section to article 5 to read: 14 Sec. 15.20.910. Standards for voting machines and vote tally systems. The 15 director may approve a voting machine or vote tally system for use in an election in 16 the state upon consideration of factors relevant to the administration of state elections, 17 including whether the Federal Election Commission has certified the voting machine 18 or vote tally system to be in compliance with the voting system standards approved by 19 the Federal Election Commission as required by 42 U.S.C. 15481(a)(5) (Help America 20 Vote Act of 2002). 21 * Sec. 16. AS 15.30 is amended by adding a new section to read: 22 Sec. 15.30.026. Qualifications for independent candidates for President of 23 the United States; selection of candidate for Vice-President; selection of electors. 24 (a) A person who desires to be an independent candidate for President of the United 25 States must file with the director not earlier than January 1 of a presidential election 26 year and not later than the 90th day before a presidential general election a petition 27 signed by qualified voters of the state equal in number to at least one percent of the 28 number of voters who cast ballots in an election under this chapter for President of the 29 United States at the last presidential general election. The petition must state that the 30 signers desire the named candidate for President of the United States to appear on the 31 ballot as an independent candidate for president at the next succeeding presidential
01 general election. 02 (b) In order to appear on the ballot, a candidate who has qualified for ballot 03 status under (a) of this section shall certify the following information to the director on 04 or before September 1 of the year of the presidential general election: 05 (1) the names of the electors for the independent candidate for 06 President of the United States, equal to the number of senators and representatives to 07 which the state is entitled in Congress; 08 (2) the name of a candidate for Vice-President, selected by the 09 independent candidate; and 10 (3) the name, Alaska mailing address, and signature of the candidate's 11 state campaign chair, who must be an Alaska resident. 12 * Sec. 17. AS 15.30.050 is amended to read: 13 Sec. 15.30.050. Interpretation of votes cast for candidates for President 14 and Vice-President [VICE PRESIDENT]. In voting for presidential electors, a vote 15 marked for the candidates for President and Vice-President [VICE PRESIDENT] is 16 considered and counted as a vote for the presidential electors of the party or for the 17 presidential electors named under AS 15.30.026, as appropriate. 18 * Sec. 18. AS 15.30.090 is amended to read: 19 Sec. 15.30.090. Duties of electors. After any vacancies have been filled, the 20 electors shall proceed to cast their votes for the candidates for the office of President 21 and Vice-President [VICE PRESIDENT] of the party that [WHICH] selected them as 22 candidates for electors, or for the candidates for the office of President and Vice- 23 President under AS 15.30.026 if the electors were named under AS 15.30.026, and 24 shall perform the duties of electors as required by the constitution and laws of the 25 United States. The director shall provide administrative services and the Department 26 of Law shall provide legal services necessary for the electors to perform their duties. 27 * Sec. 19. AS 15.45.030 is amended to read: 28 Sec. 15.45.030. Form of application. The application must [SHALL] 29 include the 30 (1) [THE] proposed bill; [TO BE INITIATED,] 31 (2) printed name, signature, address, and date of birth of not less
01 than 100 qualified voters who will serve as sponsors; each signature page must 02 include a statement that the sponsors are qualified voters who signed the application 03 with the proposed bill attached; and [,] 04 (3) [THE] designation of an initiative committee consisting of three of 05 the sponsors who subscribed to the application and [SHALL] represent all sponsors 06 and subscribers in matters relating to the initiative; the designation must include the 07 name, mailing address, and signature of each committee member [, AND 08 (4) THE SIGNATURES AND ADDRESSES OF NOT LESS THAN 09 100 QUALIFIED VOTERS]. 10 * Sec. 20. AS 15.45.060 is amended to read: 11 Sec. 15.45.060. Designation of sponsors. The qualified voters who subscribe 12 to the application in support of the proposed bill are designated as sponsors. The 13 initiative committee may designate additional sponsors by giving written notice to the 14 lieutenant governor of the names, [AND] addresses, and dates of birth of those so 15 designated. 16 * Sec. 21. AS 15.45.090 is repealed and reenacted to read: 17 Sec. 15.45.090. Preparation of petition. (a) The lieutenant governor shall 18 prepare a sufficient number of sequentially numbered petitions to allow full circulation 19 throughout the state. Each petition shall contain 20 (1) a copy of the proposed bill if the number of words included in both 21 the formal and substantive provisions of the bill is 500 or less; 22 (2) an impartial summary of the subject matter of the bill; 23 (3) the statement of warning prescribed in AS 15.45.100; 24 (4) sufficient space for the printed name, date of birth, signature, and 25 address of each person signing the petition; 26 (5) sufficient space at the bottom of each signature page for the 27 information required by AS 15.45.130(8); and 28 (6) other specifications prescribed by the lieutenant governor to ensure 29 proper handling and control. 30 (b) Upon request of the initiative committee, the lieutenant governor shall 31 report to the committee the number of persons who voted in the preceding general
01 election. 02 * Sec. 22. 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 shall be 05 (1) a citizen of the United States; 06 (2) 18 years of age or older; and 07 (3) a resident of the state as determined under AS 15.05.020. 08 * Sec. 23. AS 15.45.120 is amended to read: 09 Sec. 15.45.120. Manner of signing and withdrawing name from petition. 10 Any qualified voter may subscribe to the petition by printing the voter's name, date 11 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 12 who has signed the initiative petition may withdraw the person's name only by giving 13 written notice to the lieutenant governor before the date the petition is filed. 14 * Sec. 24. AS 15.45.130 is repealed and reenacted to read: 15 Sec. 15.45.130. Certification of circulator. Before being filed, each petition 16 shall be certified by an affidavit by the person who personally circulated the petition. 17 In determining the sufficiency of the petition, the lieutenant governor may not count 18 subscriptions on petitions not properly certified at the time of filing or corrected before 19 the subscriptions are counted. The affidavit must state in substance that 20 (1) the person signing the affidavit meets the residency, age, and 21 citizenship qualifications for circulating a petition under AS 15.45.105; 22 (2) the person is the only circulator of that petition; 23 (3) the signatures were made in the circulator's actual presence; 24 (4) to the best of the circulator's knowledge, the signatures are the 25 signatures of the persons whose names they purport to be; 26 (5) the signatures are of persons who were qualified voters on the date 27 of signature; 28 (6) the circulator has not entered into an agreement with a person or 29 organization in violation of AS 15.45.110(c); 30 (7) the circulator has not violated AS 15.45.110(d) with respect to that 31 petition; and
01 (8) if the circulator has received payment or agreed to receive payment 02 for the collection of signatures on the petition, the circulator, before circulating the 03 petition, prominently placed in the space provided under AS 15.45.090(5) the name of 04 each person or organization that has paid or agreed to pay the circulator for collection 05 of signatures on the petition. 06 * Sec. 25. AS 15.45.200 is amended to read: 07 Sec. 15.45.200. Display of proposed law. The director shall provide each 08 election board with five [10] copies of the proposed law being initiated, and the 09 election board shall display at least one copy [THREE COPIES] of the proposed law 10 in a conspicuous place in the room where the election is held. 11 * Sec. 26. AS 15.45.270 is amended to read: 12 Sec. 15.45.270. Form of application. The application must [SHALL] 13 include 14 (1) the act to be referred; 15 (2) a statement of approval or rejection; 16 (3) the printed name, signature, address, and date of birth of not 17 less than 100 qualified voters who will serve as sponsors; each signature page 18 must include a statement that the sponsors are qualified voters who signed the 19 application with the act to be referred and the statement of approval or rejection 20 [PROPOSED BILL] attached; and 21 (4) [(3)] the designation of a referendum committee consisting of three 22 of the sponsors who subscribed to the application and [SHALL] represent all 23 sponsors and subscribers in matters relating to the referendum; the designation must 24 include the name, mailing address, and signature of each committee member 25 [AND 26 (4) THE SIGNATURES AND ADDRESSES OF NOT FEWER 27 THAN 100 QUALIFIED VOTERS]. 28 * Sec. 27. AS 15.45.290 is amended to read: 29 Sec. 15.45.290. Designation of sponsors. The qualified voters who subscribe 30 to the application in support of the referendum are designated as sponsors. The 31 referendum committee may designate additional sponsors by giving notice to the
01 lieutenant governor of the names, [AND] addresses, and dates of birth of those so 02 designated. 03 * Sec. 28. AS 15.45.320 is repealed and reenacted to read: 04 Sec. 15.45.320. Preparation of petition. (a) The lieutenant governor shall 05 prepare a sufficient number of sequentially numbered petitions to allow full circulation 06 throughout the state. Each petition shall contain 07 (1) a copy of the act to be referred, if the number of words included in 08 both the formal and substantive provisions of the act is 500 or less; 09 (2) the statement of approval or rejection; 10 (3) an impartial summary of the subject matter of the act; 11 (4) the statement of warning prescribed in AS 15.45.330; 12 (5) sufficient space for the printed name, date of birth, signature, and 13 address of each person signing the petition; 14 (6) sufficient space at the bottom of each signature page for the 15 information required by AS 15.45.360(8); and 16 (7) other specifications prescribed by the lieutenant governor to ensure 17 proper handling and control. 18 (b) Upon request of the referendum committee, the lieutenant governor shall 19 report to the committee the number of persons who voted in the preceding general 20 election 21 * Sec. 29. AS 15.45 is amended by adding a new section to read: 22 Sec. 15.45.335. Qualifications of circulator. To circulate a petition booklet, 23 a person shall be 24 (1) a citizen of the United States; 25 (2) 18 years of age or older; and 26 (3) a resident of the state as determined under AS 15.05.020. 27 * Sec. 30. AS 15.45.340 is amended by adding new subsections to read: 28 (b) A circulator may not receive payment or agree to receive payment that is 29 greater than $1 a signature, and a person or an organization may not pay or agree to 30 pay an amount that is greater than $1 a signature, for the collection of signatures on a 31 petition.
01 (c) A person or organization may not knowingly pay, offer to pay, or cause to 02 be paid money or other valuable thing to a person to sign or refrain from signing a 03 petition. 04 (d) A person or organization that violates (b) or (c) of this section is guilty of a 05 class B misdemeanor. 06 (e) In this section, 07 (1) "organization" has the meaning given in AS 11.81.900; 08 (2) "other valuable thing" has the meaning given in AS 15.56.030; 09 (3) "person" has the meaning given in AS 11.81.900. 10 * Sec. 31. AS 15.45.350 is amended to read: 11 Sec. 15.45.350. Manner of signing and withdrawing name from petition. 12 Any qualified voter may subscribe to the petition by printing the voter's name, date 13 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 14 who has signed the referendum petition may withdraw the person's name only by 15 giving written notice to the lieutenant governor before the date the petition is filed. 16 * Sec. 32. AS 15.45.360 is repealed and reenacted to read: 17 Sec. 15.45.360. Certification of circulator. Before being filed, each petition 18 shall be certified by an affidavit by the person who personally circulated the petition. 19 In determining the sufficiency of the petition, the lieutenant governor may not count 20 subscriptions on petitions not properly certified at the time of filing or corrected before 21 the subscriptions are counted. The affidavit must state in substance that 22 (1) the person signing the affidavit meets the residency, age, and 23 citizenship qualifications for circulating a petition under AS 15.45.335; 24 (2) the person is the only circulator of that petition; 25 (3) the signatures were made in the circulator's actual presence; 26 (4) to the best of the circulator's knowledge, the signatures are the 27 signatures of the persons whose names they purport to be; 28 (5) the signatures are of persons who were qualified voters on the date 29 of signature; 30 (6) the circulator has not entered into an agreement with a person or 31 organization in violation of AS 15.45.340(b);
01 (7) the circulator has not violated AS 15.45.340(c) with respect to that 02 petition; and 03 (8) if the circulator has received payment or agreed to receive payment 04 for the collection of signatures on the petition, the circulator, before circulating of the 05 petition, prominently placed in the space provided under AS 15.45.320(6) the name of 06 each person or organization that has paid or agreed to pay the circulator for collection 07 of signatures on the petition. 08 * Sec. 33. AS 15.45.430 is amended to read: 09 Sec. 15.45.430. Display of act being referred. The director shall provide 10 each election board with five [10] copies of the act being referred, and the election 11 board shall display at least one copy [THREE COPIES] of the act in a conspicuous 12 place in the room where the election is held. 13 * Sec. 34. AS 15.45.500 is amended to read: 14 Sec. 15.45.500. Form of application. The application must include 15 (1) the name and office of the person to be recalled; 16 (2) the grounds for recall described in particular in not more than 200 17 words; 18 (3) the printed name, signature, address, and date of birth of 19 qualified voters equal in number to 10 percent of those who voted in the 20 preceding general election in the state or in the senate or house district of the 21 official sought to be recalled; each signature page must include a statement that the 22 [SPONSORS ARE] qualified voters [WHO] 23 (A) will serve as sponsors; and 24 (B) signed the application with the name and office of the 25 person to be recalled and the statement of grounds for recall attached; and 26 (4) the designation of a recall committee consisting of three of the 27 qualified voters [SPONSORS] who subscribed to the application and shall 28 represent all sponsors and subscribers in matters relating to the recall; the designation 29 must include the name, mailing address, and signature of each committee 30 member 31 [(5) THE SIGNATURES OF AT LEAST 100 QUALIFIED VOTERS
01 WHO SUBSCRIBE TO THE APPLICATION AS SPONSORS FOR PURPOSES OF 02 CIRCULATION; AND 03 (6) THE SIGNATURES AND ADDRESSES OF QUALIFIED 04 VOTERS EQUAL IN NUMBER TO 10 PERCENT OF THOSE WHO VOTED IN 05 THE PRECEDING GENERAL ELECTION IN THE STATE OR IN THE SENATE 06 OR HOUSE DISTRICT OF THE OFFICIAL SOUGHT TO BE RECALLED]. 07 * Sec. 35. AS 15.45 is amended by adding a new section to read: 08 Sec. 15.45.515. Designation of sponsors. The qualified voters who subscribe 09 to the application in support of the recall are designated as sponsors. The recall 10 committee may designate additional sponsors by giving notice to the lieutenant 11 governor of the names, addresses, and dates of birth of those so designated. 12 * Sec. 36. AS 15.45.560 is repealed and reenacted to read: 13 Sec. 15.45.560. Preparation of petition. (a) The director shall prepare a 14 sufficient number of sequentially numbered petitions to allow full circulation 15 throughout the state. Each petition shall contain 16 (1) the name and office of the person to be recalled; 17 (2) the statement of the grounds for recall included in the application; 18 (3) the statement of warning required in AS 15.45.570; 19 (4) sufficient space for the printed name, date of birth, signature, and 20 address of each person signing the petition; 21 (5) sufficient space at the bottom of each signature page for the 22 information required by AS 15.45.600(8); and 23 (6) other specifications prescribed by the director to ensure proper 24 handling and control. 25 (b) Upon request of the recall committee, the lieutenant governor shall report 26 to the committee the number of persons who voted in the preceding general election, 27 in the state or in the district of the official sought to be recalled by the recall 28 committee. 29 * Sec. 37. AS 15.45.570 is amended to read: 30 Sec. 15.45.570. Statement of warning. Each petition must [AND 31 DUPLICATE COPY SHALL] include a statement of warning that a person who signs
01 a name other than the person's own to the petition, or who knowingly signs more than 02 once for the same proposition at one election, or who signs the petition while 03 knowingly not a qualified voter, is guilty of a class B misdemeanor. 04 * Sec. 38. AS 15.45 is amended by adding a new section to read: 05 Sec. 15.45.575. Qualifications of circulator. To circulate a petition booklet, 06 a person shall be 07 (1) a citizen of the United States; 08 (2) 18 years of age or older; and 09 (3) a resident of the state as determined under AS 15.05.020. 10 * Sec. 39. AS 15.45.580 is amended by adding new subsections to read: 11 (b) A circulator may not receive payment or agree to receive payment that is 12 greater than $1 a signature, and a person or an organization may not pay or agree to 13 pay an amount that is greater than $1 a signature, for the collection of signatures on a 14 petition. 15 (c) A person or organization may not knowingly pay, offer to pay, or cause to 16 be paid money or other valuable thing to a person to sign or refrain from signing a 17 petition. 18 (d) A person or organization that violates (b) or (c) of this section is guilty of a 19 class B misdemeanor. 20 (e) In this section, 21 (1) "organization" has the meaning given in AS 11.81.900; 22 (2) "other valuable thing" has the meaning given in AS 15.56.030; 23 (3) "person" has the meaning given in AS 11.81.900. 24 * Sec. 40. AS 15.45.590 is amended to read: 25 Sec. 15.45.590. Manner of signing and withdrawing name from petition. 26 Any qualified voter may subscribe to the petition by printing the voter's name, date 27 of birth, and address, and by signing the voter's name [AND ADDRESS]. A person 28 who has signed the petition may withdraw the person's name only by giving written 29 notice to the director before the date the petition is filed. 30 * Sec. 41. AS 15.45.600 is repealed and reenacted to read: 31 Sec. 15.45.600. Certification of circulator. Before being filed, each petition
01 shall be certified by an affidavit by the person who personally circulated the petition. 02 In determining the sufficiency of the petition, the lieutenant governor may not count 03 subscriptions on petitions not properly certified at the time of filing or corrected before 04 the subscriptions are counted. The affidavit must state in substance that 05 (1) the person signing the affidavit meets the residency, age, and 06 citizenship qualifications for circulating a petition under AS 15.45.575; 07 (2) the person is the only circulator of that petition; 08 (3) the signatures were made in the circulator's actual presence; 09 (4) to the best of the circulator's knowledge, the signatures are the 10 signatures of the persons whose names they purport to be; 11 (5) the signatures are of persons who were qualified voters on the date 12 of signature; 13 (6) the circulator has not entered into an agreement with a person or 14 organization in violation of AS 15.45.580(b); 15 (7) the circulator has not violated AS 15.45.580(c) with respect to that 16 petition; and 17 (8) if the circulator has received payment or agreed to receive payment 18 for the collection of signatures on the petition, the circulator, before circulating of the 19 petition, prominently placed in the space provided under AS 15.45.560(5) the name of 20 each person or organization that has paid or agreed to pay the circulator for collection 21 of signatures on the petition. 22 * Sec. 42. AS 15.45.680 is amended to read: 23 Sec. 15.45.680. Display of grounds [BASES] for and against recall. The 24 director shall provide each election board in the state or in the senate or house district 25 of the person subject to recall with five [10] copies of the statement of the grounds for 26 recall included in the application and five [10] copies of the statement of not more 27 than 200 words made by the official subject to recall in justification of the official's 28 conduct in office. The person subject to recall may provide the director with the 29 statement within 10 days after the date the director gave notification that the petition 30 was properly filed. The election board shall post at least one copy [THREE COPIES] 31 of the statements for and against recall in a [THREE] conspicuous place [PLACES] in
01 the polling place. 02 * Sec. 43. AS 15.60 is amended by adding a new section to read: 03 Sec. 15.60.003. Voters unaffiliated with a political party. The director shall 04 consider a voter to be a voter registered as 05 (1) "nonpartisan" and without a preference for a political party if the 06 voter registers as nonpartisan on a voter registration form; 07 (2) "undeclared" if the voter 08 (A) registers as undeclared on a voter registration form; 09 (B) fails to declare an affiliation with a political group or 10 political party on a voter registration form; or 11 (C) declares an affiliation with an entity other than a political 12 party or political group on a voter registration form; or 13 (3) "other" if the voter declares on a voter registration form an 14 affiliation with a political group. 15 * Sec. 44. AS 15.60 is amended by adding a new section to read: 16 Sec. 15.60.008. Recognized political party status. (a) A political group that 17 the director has not recognized as a political party may obtain recognized political 18 party status if, on or before May 31 of the first election year for which the political 19 group seeks recognition, the political group 20 (1) files an application with the director; 21 (2) submits bylaws to the director and the United States Department of 22 Justice as required of political parties in AS 15.25.014; and 23 (3) meets the definition of a political party in AS 15.60.010. 24 (b) The director shall verify that each political group seeking recognized 25 political party status under (a) of this section and each recognized political party meets 26 the definition of a political party in AS 15.60.010. 27 (c) The director shall perform a verification described in (b) of this section at 28 least once a month after the date of certification of the preceding general election. For 29 purposes of (b) of this section, the director shall verify that the voters who have 30 submitted registration to the division of elections are qualified under AS 15.05.010 31 and have declared affiliation with the political group or recognized political party for
01 which the verification is performed. 02 (d) Within 10 days after a verification under (c) of this section, the director 03 shall provide to a political group seeking recognized political party status under (a) of 04 this section written notification when the political group has obtained recognized 05 political party status. 06 (e) The director may not withdraw recognized political party status from a 07 political group that no longer meets the definition of political party except following 08 the verification immediately after a general election at which a governor was elected. 09 The director shall provide written notification to the political party of the withdrawal 10 of recognized political party status. 11 * Sec. 45. AS 15.60.010 is amended by adding a new paragraph to read: 12 (40) "reregistration" means the submission of a registration form by a 13 voter whose registration was inactivated on the master register maintained under 14 AS 15.07 and the director's reactivation of that registration in accordance with that 15 chapter; in this paragraph, "a voter whose registration was inactivated" does not 16 include a voter whose registration was inactivated under AS 15.07.130 and whose 17 ballot may be counted under AS 15.15.198. 18 * Sec. 46. AS 29.05.110(b) is amended to read: 19 (b) A qualified voter who is registered to vote [HAS BEEN A RESIDENT 20 OF THE AREA] within the proposed municipality at least [FOR] 30 days before the 21 date of the election order may vote. 22 * Sec. 47. AS 29.05.110(c) is amended to read: 23 (c) Areawide borough powers included in an incorporation petition are 24 considered to be part of the incorporation question. In an election for the 25 incorporation of a second class borough, each nonareawide power to be exercised is 26 placed separately on the ballot. Adoption of a nonareawide power requires a majority 27 of the votes cast on the question, and the vote is limited to the qualified voters who 28 are registered to vote [RESIDING] in the proposed borough but outside all cities in 29 the proposed borough. 30 * Sec. 48. AS 29.05.110 is amended by adding a new subsection to read: 31 (f) In this section, "qualified voter" has the meaning given in AS 15.60.010.
01 * Sec. 49. AS 15.10.020(b) and AS 15.20.048 are repealed. 02 * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. The changes made by secs. 19 - 42 of this Act apply to an 05 application for an initiative, referendum, or recall filed with the lieutenant governor on or 06 after the effective date of this Act. 07 * Sec. 51. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION. An initiative, referendum, or recall for which an application was filed 10 with the lieutenant governor before the effective date of this Act is subject to the provisions of 11 AS 15.45 as they existed on the day before the effective date of this Act. 12 * Sec. 52. This Act takes effect immediately under AS 01.10.070(c).