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

00 HOUSE CS FOR 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 or 13 registration official shall submit the application directly to the division of 14 elections. For purposes of this subsection, "directly to the division of elections" 15 means that an application may not be submitted to any intermediary that could

01 control or delay the submission of the application to the division or gather data 02 on the applicant from the application form. However, nothing in this subsection 03 is intended to prohibit a voter from giving a completed absentee ballot 04 application to a friend, relative, or associate for transfer to the United States 05 Postal Service or a private commercial delivery service for delivery to the 06 division. 07 * Sec. 2. AS 15.20.081(b) is amended to read: 08 (b) An application requesting delivery of an absentee ballot to the applicant by 09 mail must be received by the division of elections not less than 10 [SEVEN] days 10 before the election for which the absentee ballot is sought. An application for an 11 absentee ballot for a state election from a qualified voter requesting delivery of an 12 absentee ballot to the applicant by electronic transmission must be received by the 13 division of elections not later than 5:00 p.m. Alaska time on the day before the 14 election for which the absentee ballot is sought. An absentee ballot application 15 submitted by mail under this section must permit the person to register to vote under 16 AS 15.07.070 and to request an absentee ballot for each state election held within that 17 calendar year for which the voter is eligible to vote. An absentee ballot application 18 submitted by electronic transmission under this section may not include a provision 19 that permits a person to register to vote under AS 15.07.070. 20 * Sec. 3. AS 15.20.081 is amended by adding a new subsection to read: 21 (j) The director shall adopt regulations under AS 44.62 (Administrative 22 Procedure Act) specifying the information required to be included on an absentee 23 ballot application form. The regulations must require that an absentee ballot 24 application form 25 (1) contain only that information required under regulations adopted 26 by the director; 27 (2) conceal the personal information of the individual requesting 28 delivery of an absentee ballot while the application is in the custody of the United 29 States Postal Service or other person delivering the application to the division; and 30 (3) specify that the form is to be returned by the voter directly to the 31 division, and not to another person providing the form; and

01 (4) if not prepared by the division, be approved by the director before 02 distribution to the public. 03 * Sec. 4. AS 15.56.030(a) is amended to read: 04 (a) A person commits the crime of unlawful interference with voting in the 05 first degree if the person 06 (1) uses, threatens to use, or causes to be used force, coercion, 07 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 08 harm, or loss, upon or against another person to induce or compel that person to vote 09 or refrain from voting in an election; 10 (2) knowingly pays, offers to pay, or causes to be paid money or other 11 valuable thing to a person to vote or refrain from voting in an election; [OR] 12 (3) solicits, accepts, or agrees to accept money or other valuable thing 13 with the intent to vote for or refrain from voting for a candidate at an election or for an 14 election proposition or question; or 15 (4) encourages or assists in a violation of AS 15.20.081 and has 16 been previously convicted for unlawful interference with voting in the second 17 degree under AS 15.56.035(a)(5). 18 * Sec. 5. AS 15.56.035(a) is amended to read: 19 (a) A person commits the crime of unlawful interference with voting in the 20 second degree if the person 21 (1) has an official ballot in possession outside of the voting room 22 unless the person is an election official or other person authorized by law or local 23 ordinance, or by the director or chief municipal elections official in a local election; 24 (2) makes, or knowingly has in possession, a counterfeit of an official 25 election ballot; 26 (3) knowingly solicits or encourages, directly or indirectly, a registered 27 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 28 [OR] 29 (4) as a registration official 30 (A) knowingly refuses to register a person who is entitled to 31 register under AS 15.07.030; or

01 (B) accepts a fee from an applicant applying for registration; or 02 (5) encourages or assists in a violation of AS 15.20.081.