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CSSB 36(JUD): "An Act relating to absentee ballots."

00 CS FOR SENATE BILL NO. 36(JUD) 01 "An Act relating to absentee ballots." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.20.081(a) is amended to read: 04 (a) A qualified voter may apply in person, by mail, or by electronic 05 transmission to the director for an absentee ballot under this section. The application 06 must include the address or, if the application requests delivery of an absentee ballot 07 by electronic transmission, the telephone electronic transmission number, to which the 08 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 09 applicant's signature. However, a person residing outside the United States and 10 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 11 not include an Alaska residence address in the application. The application must be 12 made on a form prescribed or approved by the director. The voter shall submit 13 the application directly to the division of elections. 14 * Sec. 2. AS 15.20.081(b) is amended to read: 15 (b) An application requesting delivery of an absentee ballot to the applicant by

01 mail must be received by the division of elections not less than 10 [SEVEN] days 02 before the election for which the absentee ballot is sought. An application for an 03 absentee ballot for a state election from a qualified voter requesting delivery of an 04 absentee ballot to the applicant by electronic transmission must be received by the 05 division of elections not later than 5:00 p.m. Alaska time on the day before the 06 election for which the absentee ballot is sought. An absentee ballot application 07 submitted by mail under this section must permit the person to register to vote under 08 AS 15.07.070 and to request an absentee ballot for each state election held within that 09 calendar year for which the voter is eligible to vote. An absentee ballot application 10 submitted by electronic transmission under this section may not include a provision 11 that permits a person to register to vote under AS 15.07.070. 12 * Sec. 3. AS 15.20.081 is amended by adding a new subsection to read: 13 (j) The director shall adopt regulations under AS 44.62 (Administrative 14 Procedure Act) specifying the information required to be included on an absentee 15 ballot application form. The regulations must require that an absentee ballot 16 application form 17 (1) contain only that information required under regulations adopted 18 by the director; 19 (2) conceal the personal information of the individual requesting 20 delivery of an absentee ballot while the application is in the custody of the United 21 States Postal Service or other person delivering the application to the division; and 22 (3) specify that the form is to be returned by the voter directly to the 23 division, and not to another person providing the form; and 24 (4) if not prepared by the division, be approved by the director before 25 distribution to the public. 26 * Sec. 4. AS 15.56.030(a) is amended to read: 27 (a) A person commits the crime of unlawful interference with voting in the 28 first degree if the person 29 (1) uses, threatens to use, or causes to be used force, coercion, 30 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 31 harm, or loss, upon or against another person to induce or compel that person to vote

01 or refrain from voting in an election; 02 (2) knowingly pays, offers to pay, or causes to be paid money or other 03 valuable thing to a person to vote or refrain from voting in an election; [OR] 04 (3) solicits, accepts, or agrees to accept money or other valuable thing 05 with the intent to vote for or refrain from voting for a candidate at an election or for an 06 election proposition or question; or 07 (4) encourages or assists in a violation of AS 15.20.081 and has 08 been previously convicted for unlawful interference with voting in the second 09 degree under AS 15.56.035(a)(5). 10 * Sec. 5. AS 15.56.035(a) is amended to read: 11 (a) A person commits the crime of unlawful interference with voting in the 12 second degree if the person 13 (1) has an official ballot in possession outside of the voting room 14 unless the person is an election official or other person authorized by law or local 15 ordinance, or by the director or chief municipal elections official in a local election; 16 (2) makes, or knowingly has in possession, a counterfeit of an official 17 election ballot; 18 (3) knowingly solicits or encourages, directly or indirectly, a registered 19 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 20 [OR] 21 (4) as a registration official 22 (A) knowingly refuses to register a person who is entitled to 23 register under AS 15.07.030; or 24 (B) accepts a fee from an applicant applying for registration; or 25 (5) encourages or assists in a violation of AS 15.20.081.