FCCS SB 36: "An Act relating to absentee ballots."
00 FREE CONFERENCE CS FOR SENATE BILL NO. 36 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 facsimile, scanning, 05 or other electronic transmission to the director for an absentee ballot under this 06 section. Another individual may apply for an absentee ballot on behalf of a qualified 07 voter if that individual is designated to act on behalf of the voter in a written general 08 power of attorney or a written special power of attorney that authorizes the other 09 individual to apply for an absentee ballot on behalf of the voter. The application must 10 include the address or, if the application requests delivery of an absentee ballot by 11 electronic transmission, the telephone electronic transmission number, to which the 12 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 13 applicant's signature. However, a person residing outside the United States and 14 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 15 not include an Alaska residence address in the application. A person may supply to a
01 voter an absentee ballot application form with a political party or group affiliation 02 indicated only if the voter is already registered as affiliated with the political party or 03 group indicated. Only the voter or the individual designated by the voter in a written 04 power of attorney under this subsection may mark the voter's choice of primary ballot 05 on an application. A person supplying an absentee ballot application form may not 06 design or mark the application in a manner that suggests choice of one ballot over 07 another, except that ballot choices may be listed on an application as authorized by the 08 division. The application must be made on a form prescribed or approved by the 09 director. The voter or registration official shall submit the application directly to 10 the division of elections. For purposes of this subsection, "directly to the division 11 of elections" means that an application may not be submitted to any 12 intermediary that could control or delay the submission of the application to the 13 division or gather data on the applicant from the application form. However, 14 nothing in this subsection is intended to prohibit a voter from giving a completed 15 absentee ballot application to a friend, relative, or associate for transfer to the 16 United States Postal Service or a private commercial delivery service for delivery 17 to the division. 18 * Sec. 2. AS 15.20.081(b) is amended to read: 19 (b) An application requesting delivery of an absentee ballot to the applicant by 20 mail must be received by the division of elections not less than 10 [SEVEN] days 21 before the election for which the absentee ballot is sought. An application for an 22 absentee ballot for a state election from a qualified voter requesting delivery of an 23 absentee ballot to the applicant by electronic transmission must be received by the 24 division of elections not later than 5:00 p.m. Alaska time on the day before the 25 election for which the absentee ballot is sought. An absentee ballot application 26 submitted by mail under this section must permit the person to register to vote under 27 AS 15.07.070 and to request an absentee ballot for each state election held within that 28 calendar year for which the voter is eligible to vote. An absentee ballot application 29 submitted by electronic transmission under this section may not include a provision 30 that permits a person to register to vote under AS 15.07.070. 31 * Sec. 3. AS 15.20.081 is amended by adding a new subsection to read:
01 (j) The director shall adopt regulations under AS 44.62 (Administrative 02 Procedure Act) specifying the information required to be included on an absentee 03 ballot application form. The regulations must require that an absentee ballot 04 application form 05 (1) contain only that information required under regulations adopted 06 by the director; 07 (2) conceal the personal information of the individual requesting 08 delivery of an absentee ballot while the application is in the custody of the United 09 States Postal Service or other person delivering the application to the division; 10 (3) specify that the form is to be returned by the voter directly to the 11 division, and not to another person providing the form; and 12 (4) if not prepared by the division, be approved by the director before 13 distribution to the public. 14 * Sec. 4. AS 15.56.030(a) is amended to read: 15 (a) A person commits the crime of unlawful interference with voting in the 16 first degree if the person 17 (1) uses, threatens to use, or causes to be used force, coercion, 18 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 19 harm, or loss, upon or against another person to induce or compel that person to vote 20 or refrain from voting in an election; 21 (2) knowingly pays, offers to pay, or causes to be paid money or other 22 valuable thing to a person to vote or refrain from voting in an election; [OR] 23 (3) solicits, accepts, or agrees to accept money or other valuable thing 24 with the intent to vote for or refrain from voting for a candidate at an election or for an 25 election proposition or question; 26 (4) violates AS 15.20.081(a) by knowingly supplying or 27 encouraging or assisting another person to supply to a voter an absentee ballot 28 application form with a political party or group affiliation indicated if the voter is 29 not already registered as affiliated with that political party or group, and the 30 person has been previously convicted of unlawful interference with voting in the 31 second degree under AS 15.56.035(a)(5);
01 (5) knowingly designs, marks, or encourages or assists another 02 person to design or mark an absentee ballot application in a manner that 03 suggests choice of one ballot over another as prohibited by AS 15.20.081(a), and 04 the person has been previously convicted of unlawful interference with voting in 05 the second degree under AS 15.56.035(a)(6); or 06 (6) knowingly submits or encourages or assists another person to 07 submit an absentee ballot application to an intermediary who could control or 08 delay the submission of the application to the division of elections or who could 09 gather data from the application form as prohibited by AS 15.20.081(a), and the 10 person has been previously convicted for unlawful interference with voting in the 11 second degree under AS 15.56.035(a)(7). 12 * Sec. 5. AS 15.56.035(a) is amended to read: 13 (a) A person commits the crime of unlawful interference with voting in the 14 second degree if the person 15 (1) has an official ballot in possession outside of the voting room 16 unless the person is an election official or other person authorized by law or local 17 ordinance, or by the director or chief municipal elections official in a local election; 18 (2) makes, or knowingly has in possession, a counterfeit of an official 19 election ballot; 20 (3) knowingly solicits or encourages, directly or indirectly, a registered 21 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 22 [OR] 23 (4) as a registration official 24 (A) knowingly refuses to register a person who is entitled to 25 register under AS 15.07.030; or 26 (B) accepts a fee from an applicant applying for registration; 27 (5) violates AS 15.20.081(a) by knowingly supplying or 28 encouraging or assisting another person to supply to a voter an absentee ballot 29 application form with a political party or group affiliation indicated if the voter is 30 not already registered as affiliated with that political party or group; 31 (6) knowingly designs, marks, or encourages or assists another
01 person to design or mark an absentee ballot application in a manner that 02 suggests choice of one ballot over another as prohibited by AS 15.20.081(a); or 03 (7) knowingly submits or encourages or assists another person to 04 submit an absentee ballot application to an intermediary who could control or 05 delay the submission of the application to the division of elections or who could 06 gather data from the application form as prohibited by AS 15.20.081(a).