HB 77: "An Act establishing a top two nonpartisan blanket primary election system for elective state executive and state and national legislative offices; changing appointment procedures relating to precinct watchers and members of precinct election boards, election district absentee and questioned ballot counting boards, and the Alaska Public Offices Commission; requiring certain written notices to appear in election pamphlets and polling places; relating to declarations of candidacy and letters of intent; and amending the definition of 'political party.'"
00 HOUSE BILL NO. 77 01 "An Act establishing a top two nonpartisan blanket primary election system for elective 02 state executive and state and national legislative offices; changing appointment 03 procedures relating to precinct watchers and members of precinct election boards, 04 election district absentee and questioned ballot counting boards, and the Alaska Public 05 Offices Commission; requiring certain written notices to appear in election pamphlets 06 and polling places; relating to declarations of candidacy and letters of intent; and 07 amending the definition of 'political party.'" 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 15.10.120(c) is amended to read: 10 (c) An election supervisor shall appoint one person selected by [NOMINEE 11 OF] the political party or political group with the largest number of registered 12 voters at the time of the preceding gubernatorial election [OF WHICH THE 13 GOVERNOR IS A MEMBER] and one person selected by [NOMINEE OF] the
01 political party or political group with [THAT RECEIVED] the second largest 02 number of registered voters at the time of [VOTES STATEWIDE IN] the preceding 03 gubernatorial election. However, the election supervisor may appoint a qualified 04 person registered as a member of a third political party or political group or as a 05 nonpartisan or undeclared voter if [IF] a party district committee or state party 06 central committee of the party or group with the largest number of registered 07 voters [OF WHICH THE GOVERNOR IS A MEMBER] or the party or group with 08 [THAT RECEIVED] the second largest number of registered voters at the time of 09 [VOTES STATEWIDE IN] the preceding gubernatorial election fails to present the 10 names prescribed by (b) of this section by April 15 of a regular election year or at least 11 60 days before a special primary election [, THE ELECTION SUPERVISOR MAY 12 APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED TO VOTE]. 13 * Sec. 2. AS 15.10.170 is amended to read: 14 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 15 committee, where an organized precinct committee exists, or the party district 16 committee where no organized precinct committee exists, or the state party 17 chairperson where neither a precinct nor a party district committee exists, may appoint 18 one or more persons as watchers in each precinct and counting center for any election. 19 Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 20 more watchers for each precinct or counting center in the candidate's respective 21 district or the state for any election. Any organization or organized group that sponsors 22 or opposes an initiative, referendum or recall may have one or more persons as 23 watchers at the polls and counting centers after first obtaining authorization from the 24 director. A state party chairperson, a precinct party committee, a party district 25 committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 26 ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 27 on duty at a time in any precinct or counting center. The watcher may be present at a 28 position inside the place of voting or counting that affords a full view of all action of 29 the election officials taken from the time the polls are opened until the ballots are 30 finally counted and the results certified by the election board or the data processing 31 review board. The election board or the data processing review board may require
01 each watcher to present written proof showing appointment by the precinct party 02 committee, the party district committee, the organization or organized group, or the 03 candidate the watcher represents [THAT IS SIGNED BY THE CHAIRPERSON OF 04 THE PRECINCT PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, 05 THE STATE PARTY CHAIRPERSON, THE ORGANIZATION OR ORGANIZED 06 GROUP, OR THE CANDIDATE REPRESENTING NO PARTY]. 07 * Sec. 3. AS 15.13.020(b) is amended to read: 08 (b) The governor shall appoint two members of each of the two political 09 parties or political groups with the largest number of registered voters at the time 10 of [WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE HIGHEST 11 NUMBER OF VOTES IN] the most recent preceding general election at which a 12 governor was elected. The two appointees from each of these two parties or groups 13 shall be chosen from a list of four names to be submitted by the central committee of 14 each party or group. 15 * Sec. 4. AS 15.13.020(d) is amended to read: 16 (d) Members of the commission serve staggered terms of five years, or until a 17 successor is appointed and qualifies. The terms of no two members who are members 18 of the same political party or political group may expire in consecutive years. A 19 member may not serve more than one term. However, a person appointed to fill the 20 unexpired term of a predecessor may be appointed to a successive full five-year term. 21 * Sec. 5. AS 15.13.074(c) is amended to read: 22 (c) A person or group may not make a contribution 23 (1) to a candidate or an individual who files with the commission the 24 document necessary to permit that individual to incur certain election-related expenses 25 as authorized by AS 15.13.100 when the office is to be filled at a general election 26 before the date that is 18 months before the general election; 27 (2) to a candidate or an individual who files with the commission the 28 document necessary to permit that individual to incur certain election-related expenses 29 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 30 municipal election before the date that is 18 months before the date of the regular 31 municipal election or that is before the date of the proclamation of the special election
01 at which the candidate or individual seeks election to public office; or 02 (3) to any candidate later than the 45th day 03 (A) after the date of the primary or special primary election if 04 the candidate was not chosen to appear on the general or special election 05 ballot [NOMINATED] at the primary or special primary election; or 06 (B) after the date of the general or special election, or after the 07 date of a municipal or municipal runoff election. 08 * Sec. 6. AS 15.13.110(f) is amended to read: 09 (f) During the year in which the election is scheduled, each of the following 10 shall file the campaign disclosure reports in the manner and at the times required by 11 this section: 12 (1) a person who, under the regulations adopted by the commission to 13 implement AS 15.13.100, indicates an intention to become a candidate for elective 14 state executive or legislative office; 15 (2) [A PERSON WHO HAS FILED A NOMINATING PETITION 16 UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 17 GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE 18 OFFICE; 19 (3)] a person who campaigns as a write-in candidate for elective state 20 executive or legislative office at the general election; and 21 (3) [(4)] a group or nongroup entity that receives contributions or 22 makes expenditures on behalf of or in opposition to a person described in (1) or (2) 23 [(1) - (3)] of this subsection, except as provided for certain independent expenditures 24 by nongroup entities in AS 15.13.135(a). 25 * Sec. 7. AS 15.13.400(4) is amended to read: 26 (4) "contribution" 27 (A) means a purchase, payment, promise or obligation to pay, 28 loan or loan guarantee, deposit or gift of money, goods, or services for which 29 charge is ordinarily made, and includes the payment by a person other than a 30 candidate or political party, or compensation for the personal services of 31 another person, that is rendered to the candidate or political party, and that is
01 made for the purpose of 02 (i) influencing the nomination or election of a 03 candidate; 04 (ii) influencing a ballot proposition or question; or 05 (iii) supporting or opposing an initiative proposal 06 application filed with the lieutenant governor under AS 15.45.020; 07 (B) does not include 08 (i) services provided without compensation by 09 individuals volunteering a portion or all of their time on behalf of a 10 political party, candidate, or ballot proposition or question; 11 (ii) ordinary hospitality in a home; 12 (iii) two or fewer mass mailings before each election by 13 each political party describing members of the party running as 14 candidates for public office in that election [THE PARTY'S SLATE 15 OF CANDIDATES FOR ELECTION], which may include 16 photographs, biographies, and information about the [PARTY'S] 17 candidates; 18 (iv) the results of a poll limited to issues and not 19 mentioning any candidate, unless the poll was requested by or designed 20 primarily to benefit the candidate; 21 (v) any communication in the form of a newsletter from 22 a legislator to the legislator's constituents, except a communication 23 expressly advocating the election or defeat of a candidate or a 24 newsletter or material in a newsletter that is clearly only for the private 25 benefit of a legislator or a legislative employee; or 26 (vi) a fundraising list provided without compensation 27 by one candidate or political party to a candidate or political party; 28 * Sec. 8. AS 15.15 is amended by adding a new section to read: 29 Sec. 15.15.005. Top two nonpartisan blanket primary. A voter qualified 30 under AS 15.05 may cast a vote for any candidate for each elective state executive and 31 state and national legislative office, without limitations based on the political party or
01 political group preference or affiliation of either the voter or the candidate. 02 * Sec. 9. AS 15.15.030(5) is amended to read: 03 (5) The names of the candidates [AND THEIR PARTY 04 DESIGNATIONS] shall be placed in separate sections on the state general election 05 ballot under the office designation to which they were nominated. If a candidate has 06 indicated a political party or group preference, or requested to be designated as 07 nonpartisan or undeclared, the preference or designation [THE PARTY 08 AFFILIATION, IF ANY,] shall be placed [DESIGNATED] after the name of the 09 candidate. The lieutenant governor and the governor shall be included under the same 10 section. Provision shall be made for voting for write-in [AND NO-PARTY] 11 candidates within each section. Paper ballots for the state general election shall be 12 printed on white paper. 13 * Sec. 10. AS 15.15.030 is amended by adding a new paragraph to read: 14 (15) The director shall include the following statement written in bold 15 on each page of the ballot on which the names of candidates are set out: 16 A political party or group preference indicated by a candidate reflects 17 only the designation requested by the candidate and is not an official 18 endorsement by any political party or group. 19 * Sec. 11. AS 15.15.060 is amended by adding a new subsection to read: 20 (e) In each polling place, the director shall require to be posted, in a location 21 conspicuous to a person who will be voting, the following notice, written in bold: 22 A political party or group preference indicated by a candidate on a 23 ballot reflects only the designation requested by the candidate and is 24 not an official endorsement by any political party or group. 25 * Sec. 12. AS 15.20.081(a) is amended to read: 26 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 27 or other electronic transmission to the director for an absentee ballot under this 28 section. Another individual may apply for an absentee ballot on behalf of a qualified 29 voter if that individual is designated to act on behalf of the voter in a written general 30 power of attorney or a written special power of attorney that authorizes the other 31 individual to apply for an absentee ballot on behalf of the voter. The application must
01 include the address or, if the application requests delivery of an absentee ballot by 02 electronic transmission, the telephone electronic transmission number, to which the 03 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 04 applicant's signature. However, a person residing outside the United States and 05 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 06 not include an Alaska residence address in the application. [A PERSON MAY 07 SUPPLY TO A VOTER AN ABSENTEE BALLOT APPLICATION FORM WITH 08 A POLITICAL PARTY OR GROUP AFFILIATION INDICATED ONLY IF THE 09 VOTER IS ALREADY REGISTERED AS AFFILIATED WITH THE POLITICAL 10 PARTY OR GROUP INDICATED. ONLY THE VOTER OR THE INDIVIDUAL 11 DESIGNATED BY THE VOTER IN A WRITTEN POWER OF ATTORNEY 12 UNDER THIS SUBSECTION MAY MARK THE VOTER'S CHOICE OF 13 PRIMARY BALLOT ON AN APPLICATION. A PERSON SUPPLYING AN 14 ABSENTEE BALLOT APPLICATION FORM MAY NOT DESIGN OR MARK 15 THE APPLICATION IN A MANNER THAT SUGGESTS CHOICE OF ONE 16 BALLOT OVER ANOTHER, EXCEPT THAT BALLOT CHOICES MAY BE 17 LISTED ON AN APPLICATION AS AUTHORIZED BY THE DIVISION.] The 18 application must be made on a form prescribed or approved by the director. The voter 19 or registration official shall submit the application directly to the division of elections. 20 For purposes of this subsection, "directly to the division of elections" means that an 21 application may not be submitted to any intermediary that could control or delay the 22 submission of the application to the division or gather data on the applicant from the 23 application form. However, nothing in this subsection is intended to prohibit a voter 24 from giving a completed absentee ballot application to a friend, relative, or associate 25 for transfer to the United States Postal Service or a private commercial delivery 26 service for delivery to the division. 27 * Sec. 13. AS 15.20.082(c) is repealed and reenacted to read: 28 (c) If the names of candidates to appear on the general election ballot have not 29 yet been certified, a special state absentee ballot prepared for the state general election 30 must include the name of each candidate appearing on the primary election ballot. The 31 ballot shall permit the voter to vote in the general election by indicating the voter's
01 order of preference for each candidate for each office. To indicate the order of 02 preference for each candidate for each office to be voted on in the election, the voter 03 shall put the number one next to the name of the candidate who is the voter's first 04 choice, the number two for the voter's second choice, and so forth, so that, in 05 consecutive numerical order, a number indicating the voter's preference is written by 06 the voter next to each candidate's name on the ballot. For each office, the director shall 07 count the vote as being for the highest ranked candidate whose name appears on the 08 general election ballot. If the voter writes in a name for an office, the vote shall be 09 counted as a write-in vote for that office. 10 * Sec. 14. AS 15.20.190(a) is amended to read: 11 (a) Thirty days before the date of an election, the election supervisors shall 12 appoint, in the same manner provided for the appointment of election officials 13 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 14 ballot counting boards, each composed of at least four members. At least one member 15 of each board must be a member of the same political party or group with the largest 16 number of registered voters at the time of the preceding gubernatorial election 17 [OF WHICH THE GOVERNOR IS A MEMBER], and at least one member of each 18 board must be a member of the political party or group with the second largest 19 number of registered voters at the time of [WHOSE CANDIDATE FOR 20 GOVERNOR RECEIVED THE SECOND LARGEST NUMBER OF VOTES IN] the 21 preceding gubernatorial election. The district boards shall assist the election 22 supervisors in counting the absentee and questioned ballots and shall receive the same 23 compensation paid election officials under AS 15.15.380. 24 * Sec. 15. AS 15.25.010 is amended to read: 25 Sec. 15.25.010. Provision for primary election. Candidates for the elective 26 state executive and state and national legislative offices shall be chosen to appear on 27 the general election ballot [NOMINATED] in a primary election by direct vote of the 28 people in the manner prescribed by this chapter. The primary election does not serve 29 to determine the nominee of a political party or group but serves only to narrow 30 to those candidates receiving the greatest number of votes and the second 31 greatest number of votes for any office the number of candidates whose names
01 will appear on the ballot at the general election. [THE DIRECTOR SHALL 02 PREPARE AND PROVIDE A PRIMARY ELECTION BALLOT FOR EACH 03 POLITICAL PARTY. A VOTER REGISTERED AS AFFILIATED WITH A 04 POLITICAL PARTY MAY VOTE THAT PARTY'S BALLOT. A VOTER 05 REGISTERED AS NONPARTISAN OR UNDECLARED RATHER THAN AS 06 AFFILIATED WITH A PARTICULAR POLITICAL PARTY MAY VOTE THE 07 POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE UNLESS 08 PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER REGISTERED 09 AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE THE BALLOT 10 OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO DO SO 11 UNDER AS 15.25.014.] 12 * Sec. 16. AS 15.25.030(a) is amended to read: 13 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 14 candidate [OF THE PARTY] in the primary election or a special primary election 15 shall execute and file a declaration of candidacy. The declaration shall be executed 16 under oath before an officer authorized to take acknowledgments and must state in 17 substance 18 (1) the full name of the candidate; 19 (2) the full mailing address of the candidate; 20 (3) if the candidacy is for the office of state senator or state 21 representative, the house or senate district of which the candidate is a resident; 22 (4) the office for which the candidate seeks nomination; 23 (5) the [NAME OF THE] political party or political group 24 preference, or nonpartisan or undeclared designation, the candidate would like 25 placed after the candidate's name on the ballot, if any [OF WHICH THE PERSON 26 IS A CANDIDATE FOR NOMINATION]; 27 (6) the full residence address of the candidate, and the date on which 28 residency at that address began; 29 (7) the date of the primary election or special primary election at 30 which the candidate seeks nomination; 31 (8) the length of residency in the state and in the house district of the
01 candidate; 02 (9) that the candidate will meet the specific citizenship requirements of 03 the office for which the person is a candidate; 04 (10) that the candidate is a qualified voter as required by law; 05 (11) that the candidate will meet the specific age requirements of the 06 office for which the person is a candidate; if the candidacy is for the office of state 07 representative, that the candidate will be at least 21 years of age on the first scheduled 08 day of the first regular session of the legislature convened after the election; if the 09 candidacy is for the office of state senator, that the candidate will be at least 25 years 10 of age on the first scheduled day of the first regular session of the legislature convened 11 after the election; if the candidacy is for the office of governor or lieutenant governor, 12 that the candidate will be at least 30 years of age on the first Monday in December 13 following election or, if the office is to be filled by special election under 14 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 15 date of certification of the results of the special election; or, for any other office, by 16 the time that the candidate, if elected, is sworn into office; 17 (12) that the candidate requests that the candidate's name be placed on 18 the primary or special primary election ballot; 19 (13) that the required fee accompanies the declaration; 20 (14) that the person is not a candidate for any other office to be voted 21 on at the primary or general election and that the person is not a candidate for this 22 office under any other declaration of candidacy or nominating petition; and 23 (15) the manner in which the candidate wishes the candidate's name to 24 appear on the ballot [; AND 25 (16) THAT THE CANDIDATE IS REGISTERED TO VOTE AS A 26 MEMBER OF THE POLITICAL PARTY WHOSE NOMINATION IS BEING 27 SOUGHT]. 28 * Sec. 17. AS 15.25.040(a) is amended to read: 29 (a) The declaration is filed by either 30 (1) the actual physical delivery of the declaration in person or by mail 31 at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is
01 held for the office; or 02 (2) reliable electronic transmission of a copy in substance of the 03 statements made in paragraphs (1) - (5) of the declaration as required by 04 AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a 05 general election is held for the office and also the actual physical delivery of the 06 declaration containing paragraphs (1) - (15) [(16)] as required by AS 15.25.030(a) by 07 mail that is received not more than 15 days after that time. 08 * Sec. 18. AS 15.25.060 is repealed and reenacted to read: 09 Sec. 15.25.060. Preparation and distribution of ballots. The primary 10 election ballots shall be prepared and distributed by the director in the manner 11 prescribed for general election ballots except as specifically provided otherwise for the 12 primary election. The director shall prepare and provide a primary election ballot that 13 contains all of the candidates for elective state executive and state and national 14 legislative offices and all of the ballot titles and propositions required to appear on the 15 ballot at the primary election. The director shall print the ballots on white paper and 16 place the names of all candidates who have properly filed in groups according to 17 offices. The order of the placement of the names for each office shall be as provided 18 for the general election ballot. Blank spaces may not be provided on the ballot for the 19 writing or pasting in of names. 20 * Sec. 19. AS 15.25.100 is repealed and reenacted to read: 21 Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 22 the names of candidates that appear on the primary election ballot under 23 AS 15.25.010, the director shall place on the general election ballot only the names of 24 the candidates receiving the greatest number of votes and the second greatest number 25 of votes for an office, except as provided in (b) and (c) of this section. 26 (b) If two candidates tie 27 (1) in having the greatest number of votes for an office in the primary 28 election, the director shall place only the names of those two candidates for that office 29 on the general election ballot; 30 (2) in having the second greatest number of votes for an office in the 31 primary election, the director shall place on the general election ballot the name of
01 only one of the candidates who tied for that office, to be determined by lot under 02 AS 15.20.530. 03 (c) For the office of lieutenant governor, the director shall place on the general 04 election ballot, together with the name of the candidate for governor who received 05 (1) the greatest number of votes in the primary election, the name of 06 either the candidate for lieutenant governor receiving the greatest number of votes or 07 the candidate for lieutenant governor receiving the second greatest number of votes, 08 whichever the candidate for governor chooses to run with jointly; and 09 (2) the second greatest number of votes in the primary election, the 10 name of either the candidate for lieutenant governor receiving the greatest number of 11 votes or the candidate for lieutenant governor receiving the second greatest number of 12 votes, whoever was not chosen to run jointly with the candidate for governor who 13 received the greatest number of votes. 14 * Sec. 20. AS 15.25.105(a) is amended to read: 15 (a) If a candidate does not appear on the primary election ballot or is not 16 successful in advancing to the general election and wishes to be a candidate in the 17 general election, the candidate may file as a write-in candidate. Votes for a write-in 18 candidate may not be counted unless that candidate has filed a letter of intent with the 19 director stating 20 (1) the full name of the candidate; 21 (2) the full residence address of the candidate and the date on which 22 residency at that address began; 23 (3) the full mailing address of the candidate; 24 (4) the [NAME OF THE] political party or political group preference, 25 or nonpartisan or undeclared designation, of the candidate's choice [OF WHICH 26 THE CANDIDATE IS A MEMBER], if any; 27 (5) if the candidate is for the office of state senator or state 28 representative, the house or senate district of which the candidate is a resident; 29 (6) the office that the candidate seeks; 30 (7) the date of the election at which the candidate seeks election; 31 (8) the length of residency in the state and in the house district of the
01 candidate; 02 (9) the name of the candidate as the candidate wishes it to be written 03 on the ballot by the voter; 04 (10) that the candidate meets the specific citizenship requirements of 05 the office for which the person is a candidate; 06 (11) that the candidate will meet the specific age requirements of the 07 office for which the person is a candidate; if the candidacy is for the office of state 08 representative, that the candidate will be at least 21 years of age on the first scheduled 09 day of the first regular session of the legislature convened after the election; if the 10 candidacy is for the office of state senator, that the candidate will be at least 25 years 11 of age on the first scheduled day of the first regular session of the legislature convened 12 after the election; if the candidacy is for the office of governor or lieutenant governor, 13 that the candidate will be at least 30 years of age on the first Monday in December 14 following election or, if the office is to be filled by special election under 15 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 16 date of certification of the results of the special election; or, for any other office, by 17 the time that the candidate, if elected, is sworn into office; 18 (12) that the candidate is a qualified voter as required by law; and 19 (13) that the candidate is not a candidate for any other office to be 20 voted on at the general election and that the candidate is not a candidate for this office 21 under any other nominating petition or declaration of candidacy. 22 * Sec. 21. AS 15.25.105(b) is amended to read: 23 (b) If a write-in candidate is running for the office of governor, the candidate 24 must file a joint letter of intent together with a candidate for lieutenant governor. 25 [BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 26 GROUP.] 27 * Sec. 22. AS 15.40.140 is amended to read: 28 Sec. 15.40.140. Condition and time of calling special election. When a 29 vacancy occurs in the office of United States senator or United States representative, 30 the governor shall, by proclamation, call a special primary election to be held on a 31 date not less than 60, nor more than 90, days after the date the vacancy occurs, to be
01 followed by a special election on the first Tuesday that is not a state holiday 02 occurring not less than 60 days after the special primary election. However, if the 03 vacancy occurs on a date that is not less than 60, nor more than 90 days before [OR 04 IS ON OR AFTER] the date, in an election year in which a candidate for that 05 office is not regularly elected, of 06 (1) the primary election [IN THE GENERAL ELECTION YEAR 07 DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 08 ELECTED], the [GOVERNOR MAY NOT CALL A] special primary election shall 09 be held on the date of the primary election with the subsequent special election to 10 be held on the date of the general election; or 11 (2) the general election, the special primary election shall be held 12 on the date of the general election with the subsequent special election to be held 13 on the first Tuesday that is not a state holiday occurring not less than 60 days 14 after the special primary and general election. 15 * Sec. 23. AS 15.40.160 is amended to read: 16 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 17 calling the special primary election and special election at least 50 days before the 18 special primary election. 19 * Sec. 24. AS 15.40.190 is amended to read: 20 Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates. 21 Petitions for the nomination of candidates must be executed under oath and [NOT 22 REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 23 VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 24 OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING 25 GENERAL ELECTION AND SHALL] state in substance that which is required for a 26 declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 27 AS 15.25.180]. 28 * Sec. 25. AS 15.40.220 is amended to read: 29 Sec. 15.40.220. General provisions for conduct of the special primary 30 election and special election. Unless specifically provided otherwise, all provisions 31 regarding the conduct of the primary election and general election shall govern the
01 conduct of the special primary election and special election of the United States 02 senator or United States representative, including provisions concerning voter 03 qualifications; provisions regarding the duties, powers, rights, and obligations of the 04 director, of other election officials, and of municipalities; provision for notification of 05 the election; provision for payment of election expenses; provisions regarding 06 employees being allowed time from work to vote; provisions for the counting, 07 reviewing, and certification of returns; provisions for the determination of the votes 08 and of recounts, contests, and appeal; and provision for absentee voting. 09 * Sec. 26. AS 15.40.230 is amended to read: 10 Sec. 15.40.230. Condition and time of calling special election. When a 11 person appointed to succeed to the office of lieutenant governor succeeds to the office 12 of acting governor, the acting governor shall, by proclamation, call a special primary 13 election to be held on a date not less than 60, nor more than 90, days after the date the 14 vacancy in the office of the governor occurred and a subsequent special election to 15 be held on the first Tuesday that is not a state holiday occurring not less than 60 16 days after the special primary election. However, if the vacancy occurs on a date 17 that is less than 60 days before or is on or after the date of the primary election in 18 years in which a governor is regularly elected, the acting governor shall serve the 19 remainder of the unexpired term and may not call a special election. 20 * Sec. 27. AS 15.40.240 is amended to read: 21 Sec. 15.40.240. Conditions for holding special primary election and special 22 election with primary or general election. If the vacancy occurs on a date not less 23 than 60, nor more than 90, days before the date of the primary election in an election 24 year in which a governor is not regularly elected, the acting governor shall, by 25 proclamation, call the special primary election to be held on the date of the 26 primary election and the special election to be held on the date of the general 27 election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 28 if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 29 of the [PRIMARY ELECTION OR] general election in election years in which a 30 governor is not regularly elected, the acting governor shall, by proclamation, call the 31 special primary election to be held on the date of the [PRIMARY ELECTION OR]
01 general election with the subsequent special election to be held on the first 02 Tuesday that is not a state holiday occurring not less than 60 days after the 03 special primary and general election. 04 * Sec. 28. AS 15.40.250 is amended to read: 05 Sec. 15.40.250. Proclamation of special election. The acting governor shall 06 issue the proclamation calling the special primary election and special election at 07 least 50 days before the special primary election. 08 * Sec. 29. AS 15.40.280 is amended to read: 09 Sec. 15.40.280. Requirements of petition for [NO-PARTY] candidates. 10 Petitions for the nomination of candidates must [NOT REPRESENTING A 11 POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 12 STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 13 OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 14 ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 15 AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 16 required for a declaration of candidacy under AS 15.25.030 [NOMINATION 17 PETITIONS BY AS 15.25.180]. 18 * Sec. 30. AS 15.40.310 is amended to read: 19 Sec. 15.40.310. General provisions for conduct of the special primary 20 election and special election. Unless specifically provided otherwise, all provisions 21 regarding the conduct of the primary and general election shall govern the conduct of 22 the special primary election and special election of the governor and lieutenant 23 governor, including provisions concerning voter qualifications; provisions regarding 24 the duties, powers, rights, and obligations of the director, of other election officials, 25 and of municipalities; provision for notification of the election; provision for payment 26 of election expenses; provisions regarding employees being allowed time from work 27 to vote; provisions for the counting, reviewing, and certification of returns; provisions 28 for the determination of the votes and of recounts, contests, and appeal; and provision 29 for absentee voting. 30 * Sec. 31. AS 15.40.330 is amended to read: 31 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The
01 appointee shall meet the qualifications of a member of the legislature as prescribed in 02 Sec. 2, art. II, of the state constitution, and, if the predecessor in office was a 03 member of a political party or group at the time of the vacancy, (1) shall be a 04 member of the same political party or group as [THAT WHICH NOMINATED] the 05 predecessor in office; [,] and (2) shall be subject to confirmation by a majority of the 06 members of the legislature who are members of the same political party or group as 07 [WHICH NOMINATED] the predecessor in office and of the same house as was the 08 predecessor in office. If the predecessor in office was not a member of 09 [NOMINATED BY] a political party or group at the time of the vacancy or, if no 10 other member of the predecessor's political party or group is a member of the 11 predecessor's house of the legislature, the governor may appoint any qualified person. 12 If the appointee is not a member of a political party or group, as defined in (b) of this 13 section, the appointment is not subject to confirmation. If the appointee is a member 14 of a political party or group, the appointment is subject to confirmation as provided 15 by (b) of this section for the confirmation of political party or group appointees. 16 (b) A member of a political party or group is a person who supports the 17 political program of a political party or group. The placement of a nonpartisan or 18 undeclared designation after the name [FILING FOR OFFICE] of a candidate on 19 the primary election ballot [AS AN INDEPENDENT OR NO-PARTY 20 CANDIDATE] does not preclude a candidate from being a member of a political party 21 or group. Recognition of a [AN INDEPENDENT OR NO-PARTY] candidate as a 22 member of a political party or group caucus of members of the legislature at the 23 legislative session following the election of the [INDEPENDENT OR NO-PARTY] 24 candidate is recognition of that person's political party or group membership for the 25 purposes of confirmation under this section [AT THE TIME FILINGS WERE 26 MADE BY PARTY CANDIDATES FOR THE PRECEDING GENERAL 27 ELECTION]. 28 * Sec. 32. AS 15.40.380 is amended to read: 29 Sec. 15.40.380. Conditions for part-term senate appointment and special 30 election. If the vacancy is for an unexpired senate term of more than two years and 31 five full calendar months, the governor shall call a special primary election and a
01 special election by proclamation, and the appointment shall expire on the date the 02 state senate first convenes or reconvenes following the certification of the results of 03 the special election by the director. 04 * Sec. 33. AS 15.40.390 is amended to read: 05 Sec. 15.40.390. Date of special primary election and special election. The 06 special primary election to fill a vacancy in the state senate shall be held on the date 07 of the first primary [GENERAL] election held more than 60 days [THREE FULL 08 CALENDAR MONTHS] after the senate vacancy occurs, and the special election 09 shall be held on the date of the first general election thereafter. 10 * Sec. 34. AS 15.40.400 is amended to read: 11 Sec. 15.40.400. Proclamation of special election. The governor shall issue the 12 proclamation calling the special primary election and special election at least 50 13 days before the special primary election. 14 * Sec. 35. AS 15.40.440 is amended to read: 15 Sec. 15.40.440. Requirements of petition for [NO-PARTY] candidates. 16 Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 17 PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 18 AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 19 BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 20 DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 21 PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 22 DISTRICT,] and must state in substance that which is required in a declaration of 23 candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 24 AS 15.25.180]. 25 * Sec. 36. AS 15.40.470 is amended to read: 26 Sec. 15.40.470. General provision for conduct of the special primary 27 election and special election. Unless specifically provided otherwise, all provisions 28 regarding the conduct of the primary election and general election shall govern the 29 conduct of the special primary election and special election of state senators, 30 including provisions concerning voter qualifications; provisions regarding the duties, 31 powers, rights, and obligations of the director, of other election officials, and of
01 municipalities; provision for notification of the election; provision for payment of 02 election expenses; provisions regarding employees being allowed time from work to 03 vote; provisions for the counting, reviewing, and certification of returns; provisions for 04 the determination of the votes and of recounts, contests, and appeal; and provision for 05 absentee voting. 06 * Sec. 37. AS 15.58.020(a) is amended by adding a new paragraph to read: 07 (13) the following statement written in bold in a conspicuous location: 08 A political party or group preference indicated by a candidate on the 09 ballot reflects only the designation requested by the candidate and is 10 not an official endorsement by any political party or group. 11 * Sec. 38. AS 15.58.030(b) is amended to read: 12 (b) Not [NO] later than July 22 of a year in which a state general election will 13 be held, an individual who becomes a candidate for the office of United States senator, 14 United States representative, governor, lieutenant governor, state senator, or state 15 representative under AS 15.25.030 [OR 15.25.180] may file with the lieutenant 16 governor a photograph and a statement advocating the candidacy. [AN INDIVIDUAL 17 WHO BECOMES A CANDIDATE FOR THE OFFICE OF UNITED STATES 18 SENATOR, UNITED STATES REPRESENTATIVE, GOVERNOR, LIEUTENANT 19 GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE BY PARTY 20 PETITION FILED UNDER AS 15.25.110 MAY FILE WITH THE LIEUTENANT 21 GOVERNOR A PHOTOGRAPH AND A STATEMENT ADVOCATING THE 22 CANDIDACY WITHIN 10 DAYS OF BECOMING A CANDIDATE.] 23 * Sec. 39. AS 15.80.008(a) is amended to read: 24 (a) A political group that the director has not recognized as a political party 25 may obtain recognized political party status if, on or before May 31 of the election 26 year for which the political group seeks recognition, the political group 27 (1) files an application with the director; and 28 (2) [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED 29 STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES 30 IN AS 15.25.014; AND 31 (3)] meets the definition of a political party in AS 15.80.010.
01 * Sec. 40. AS 15.80.010(25) is amended to read: 02 (25) "political party" means an organized group of voters that 03 represents a political program and 04 (A) that [NOMINATED A CANDIDATE FOR GOVERNOR 05 WHO RECEIVED AT LEAST THREE PERCENT OF THE TOTAL VOTES 06 CAST FOR GOVERNOR AT THE PRECEDING GENERAL ELECTION 07 OR] has registered voters in the state equal in number to at least three percent 08 of the total votes cast for governor at the preceding general election; 09 (B) if the office of governor was not on the ballot at the 10 preceding general election but the office of United States senator was on that 11 ballot, that [NOMINATED A CANDIDATE FOR UNITED STATES 12 SENATOR WHO RECEIVED AT LEAST THREE PERCENT OF THE 13 TOTAL VOTES CAST FOR UNITED STATES SENATOR AT THAT 14 GENERAL ELECTION OR] has registered voters in the state equal in number 15 to at least three percent of the total votes cast for United States senator at that 16 general election; or 17 (C) if neither the office of governor nor the office of United 18 States senator was on the ballot at the preceding general election, that 19 [NOMINATED A CANDIDATE FOR UNITED STATES 20 REPRESENTATIVE WHO RECEIVED AT LEAST THREE PERCENT OF 21 THE TOTAL VOTES CAST FOR UNITED STATES REPRESENTATIVE 22 AT THAT GENERAL ELECTION OR] has registered voters in the state equal 23 in number to at least three percent of the total votes cast for United States 24 representative at that general election; 25 * Sec. 41. AS 39.50.020(b) is amended to read: 26 (b) A public official or former public official other than an elected or 27 appointed municipal officer shall file the statement with the Alaska Public Offices 28 Commission. Candidates for the office of governor and lieutenant governor and, if the 29 candidate is not subject to AS 24.60, the legislature shall file the statement under 30 AS 15.25.030 [OR 15.25.180]. Municipal officers, former municipal officers, and 31 candidates for elective municipal office, shall file with the municipal clerk or other
01 municipal official designated to receive their filing for office. All statements required 02 to be filed under this chapter are public records. 03 * Sec. 42. AS 15.25.014, 15.25.056, 15.25.110, 15.25.120, 15.25.130, 15.25.140, 15.25.150, 04 15.25.160, 15.25.170, 15.25.180, 15.25.185, 15.25.190, 15.25.200; AS 15.40.145, 15.40.150, 05 15.40.200, 15.40.210, 15.40.290, 15.40.300, 15.40.450, 15.40.460; AS 15.56.030(a)(4), 06 15.56.030(a)(5), and 15.56.035(a)(5) are repealed. 07 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 10 ELECTION SYSTEMS THROUGH ADOPTION OF A TOP TWO NONPARTISAN 11 BLANKET PRIMARY. (a) For a period of not less than two full election cycles immediately 12 following the effective date of this Act, the director of elections shall, in a manner reasonably 13 calculated to educate the public, inform voters of the changes made to the state's election 14 systems in this Act. 15 (b) In this section, "election cycle" means the 24-month period commencing on 16 January 1 of odd-numbered years and ending on December 31 of even-numbered years.