HB 130: "An Act prohibiting a state legislator, the governor, and the lieutenant governor from retaining office if the person runs for a different state or federal office and a part of the term of the different office runs concurrently with that of the office held; and providing for an effective date."
00 HOUSE BILL NO. 130 01 "An Act prohibiting a state legislator, the governor, and the lieutenant governor from 02 retaining office if the person runs for a different state or federal office and a part of the 03 term of the different office runs concurrently with that of the office held; and providing 04 for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.25.030(a) is amended to read: 07 (a) A member of a political party who seeks to become a candidate of the 08 party in the primary election shall execute and file a declaration of candidacy. The 09 declaration shall be executed under oath before an officer authorized to take 10 acknowledgments and must state in substance 11 (1) the full name of the candidate; 12 (2) the full mailing address of the candidate; 13 (3) if the candidacy is for the office of state senator or state 14 representative, the house or senate district of which the candidate is a resident;
01 (4) the office for which the candidate seeks nomination; 02 (5) the name of the political party of which the person is a candidate 03 for nomination; 04 (6) the full residence address of the candidate, and the date on which 05 residency at that address began; 06 (7) the date of the primary election at which the candidate seeks 07 nomination; 08 (8) the length of residency in the state and in the district of the 09 candidate; 10 (9) that the candidate will meet the specific citizenship requirements of 11 the office for which the person is a candidate; 12 (10) that the candidate is a qualified voter as required by law; 13 (11) that the candidate will meet the specific age requirements of the 14 office for which the person is a candidate; if the candidacy is for the office of state 15 representative, that the candidate will be at least 21 years of age on the first scheduled 16 day of the first regular session of the legislature convened after the election; if the 17 candidacy is for the office of state senator, that the candidate will be at least 25 years 18 of age on the first scheduled day of the first regular session of the legislature convened 19 after the election; if the candidacy is for the office of governor or lieutenant governor, 20 that the candidate will be at least 30 years of age on the first Monday in December 21 following election or, if the office is to be filled by special election under 22 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 23 date of certification of the results of the special election; or, for any other office, by 24 the time that the candidate, if elected, is sworn into office; 25 (12) that the candidate requests that the candidate's name be placed on 26 the primary election ballot; 27 (13) that the required fee accompanies the declaration; 28 (14) that the person is not a candidate for any other office to be voted 29 on at the primary or general election and that the person is not a candidate for this 30 office under any other declaration of candidacy or nominating petition; 31 (15) the manner in which the candidate wishes the candidate's name to
01 appear on the ballot; [AND] 02 (16) that the candidate is registered to vote as a member of the political 03 party whose nomination is being sought; and 04 (17) that the candidate has complied with AS 24.05.045 or 05 AS 44.19.038, if applicable, before seeking the office. 06 * Sec. 2. AS 15.25.105(a) is amended to read: 07 (a) If a candidate does not appear on the primary election ballot or is not 08 successful in advancing to the general election and wishes to be a candidate in the 09 general election, the candidate may file as a write-in candidate. Votes for a write-in 10 candidate may not be counted unless that candidate has filed a letter of intent with the 11 director stating 12 (1) the full name of the candidate; 13 (2) the full residence address of the candidate and the date on which 14 residency at that address began; 15 (3) the full mailing address of the candidate; 16 (4) the name of the political party or political group of which the 17 candidate is a member, if any; 18 (5) if the candidate is for the office of state senator or state 19 representative, the house or senate district of which the candidate is a resident; 20 (6) the office that the candidate seeks; 21 (7) the date of the election at which the candidate seeks election; 22 (8) the length of residency in the state and in the house district of the 23 candidate; 24 (9) the name of the candidate as the candidate wishes it to be written 25 on the ballot by the voter; 26 (10) that the candidate meets the specific citizenship requirements of 27 the office for which the person is a candidate; 28 (11) that the candidate will meet the specific age requirements of the 29 office for which the person is a candidate; if the candidacy is for the office of state 30 representative, that the candidate will be at least 21 years of age on the first scheduled 31 day of the first regular session of the legislature convened after the election; if the
01 candidacy is for the office of state senator, that the candidate will be at least 25 years 02 of age on the first scheduled day of the first regular session of the legislature convened 03 after the election; if the candidacy is for the office of governor or lieutenant governor, 04 that the candidate will be at least 30 years of age on the first Monday in December 05 following election or, if the office is to be filled by special election under 06 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 07 date of certification of the results of the special election; or, for any other office, by 08 the time that the candidate, if elected, is sworn into office; 09 (12) that the candidate is a qualified voter as required by law; [AND] 10 (13) that the candidate is not a candidate for any other office to be 11 voted on at the general election and that the candidate is not a candidate for this office 12 under any other nominating petition or declaration of candidacy; and 13 (14) that the candidate has complied with AS 24.05.45 or 14 AS 44.19.038, if applicable, before seeking the office. 15 * Sec. 3. AS 15.25.180(a) is amended to read: 16 (a) The petition must state in substance 17 (1) the full name of the candidate; 18 (2) the full residence address of the candidate and the date on which 19 residency at that address began; 20 (3) the full mailing address of the candidate; 21 (4) the name of the political group, if any, supporting the candidate; 22 (5) if the candidacy is for the office of state senator or state 23 representative, the house or senate district of which the candidate is a resident; 24 (6) the office for which the candidate is nominated; 25 (7) the date of the election at which the candidate seeks election; 26 (8) the length of residency in the state and in the district of the 27 candidate; 28 (9) that the subscribers are qualified voters of the state or house or 29 senate district in which the candidate resides; 30 (10) that the subscribers request that the candidate's name be placed on 31 the general election ballot;
01 (11) that the proposed candidate accepts the nomination and will serve 02 if elected, with the statement signed by the proposed candidate; 03 (12) the name of the candidate as the candidate wishes it to appear on 04 the ballot; 05 (13) that the candidate is not a candidate for any other office to be 06 voted on at the primary or general election and that the candidate is not a candidate for 07 this office under any other nominating petition or declaration of candidacy; 08 (14) that the candidate meets the specific citizenship requirements of 09 the office for which the person is a candidate; 10 (15) that the candidate will meet the specific age requirements of the 11 office for which the person is a candidate; if the candidacy is for the office of state 12 representative, that the candidate will be at least 21 years of age on the first scheduled 13 day of the first regular session of the legislature convened after the election; if the 14 candidacy is for the office of state senator, that the candidate will be at least 25 years 15 of age on the first scheduled day of the first regular session of the legislature convened 16 after the election; and if the candidacy is for the office of governor or lieutenant 17 governor, that the candidate will be at least 30 years of age on the first Monday in 18 December following election or, if the office is to be filled by special election under 19 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 20 date of certification of the results of the special election; or, for any other office, by 21 the time that the candidate, if elected, is sworn into office; 22 (16) that the candidate is a qualified voter; [AND] 23 (17) if the candidacy is for the office of the governor, the name of the 24 candidate for lieutenant governor running jointly with the candidate for governor; and 25 (18) that the candidate has complied with AS 24.05.045 or 26 AS 44.19.038, if applicable, before seeking the office. 27 * Sec. 4. AS 24.05 is amended by adding a new section to read: 28 Sec. 24.05.045. Restrictions on holding office. (a) If a legislator who is not in 29 the legislator's final year of office files under AS 15.25 as a candidate for a state or 30 federal public office part of the term of which runs concurrently with the legislator's 31 term of office, the legislator shall resign from the office the legislator holds on the date
01 of the filing. The resignation shall be submitted in writing before the legislator files for 02 the other office under AS 15.25. 03 (b) A resignation under this section is irrevocable. 04 * Sec. 5. AS 44.19 is amended by adding a new section to article 1 to read: 05 Sec. 44.19.038. Restrictions on holding office. (a) If a governor or lieutenant 06 governor who is not in the governor's or lieutenant governor's final year of office files 07 under AS 15.25 as a candidate for a state or federal public office, and a part of the 08 term of the office sought runs concurrently with the governor's or lieutenant governor's 09 term of office, the governor or lieutenant governor shall resign from the office the 10 governor or lieutenant governor holds on the date of the filing. The resignation shall 11 be submitted in writing before the governor or lieutenant governor files for the other 12 office under AS 15.25. 13 (b) A resignation under this section is irrevocable. 14 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).