HB 178: "An Act relating to election practices and procedures; and providing for an effective date."
00 HOUSE BILL NO. 178 01 "An Act relating to election practices and procedures; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.20.030 is amended to read: 05 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 06 director shall provide ballots for use as absentee ballots in all districts. The director 07 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 08 and shall provide an envelope with the prescribed voter's certificate on it, in which the 09 secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the 10 form of and prepare the voter's certificate, envelopes, and other material used in 11 absentee voting. The voter's certificate shall include a declaration, for use when 12 required, that the voter is a qualified voter in all respects, a blank for the voter's 13 signature, [A CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED 14 THE MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY,
01 BLANKS FOR THE ATTESTING OFFICIAL OR WITNESS], and a place for 02 recording the date the envelope was sealed [AND WITNESSED]. The envelope with 03 the voter's certificate must include a notice that a false statement [STATEMENTS] 04 made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 05 certificate is [ARE] punishable by law. 06 * Sec. 2. AS 15.20.045 is amended by adding a new subsection to read: 07 (c) In a municipality in which the division will not be operating an absentee 08 voting station, the director may designate the municipal clerk as an absentee voting 09 official for the limited purpose of distributing absentee ballots to qualified voters 10 under AS 15.20.061(a)(1) and qualified voters' representatives under AS 15.20.072. At 11 least 15 days before the election, the director shall supply municipal clerks designated 12 under this subsection with absentee ballots. 13 * Sec. 3. AS 15.20.061(c) is amended to read: 14 (c) On receipt of an absentee ballot in person, the voter shall proceed to mark 15 the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve 16 in the envelope provided, and to sign the voter's certificate on the envelope [IN THE 17 PRESENCE OF THE ELECTION OFFICIAL WHO SHALL SIGN AS ATTESTING 18 OFFICIAL AND DATE THAT SIGNATURE]. The election official shall then accept 19 the ballot. 20 * Sec. 4. AS 15.20.066(b) is amended to read: 21 (b) An absentee ballot that is completed and returned by the voter by 22 electronic transmission must 23 [(1)] contain the following statement: "I understand that, by using 24 electronic transmission to return my marked ballot, I am voluntarily waiving a portion 25 of my right to a secret ballot to the extent necessary to process my ballot, but expect 26 that my vote will be held as confidential as possible," followed by the voter's signature 27 and date of signature [; AND 28 (2) BE ACCOMPANIED BY A STATEMENT EXECUTED UNDER 29 OATH AS TO THE VOTER'S IDENTITY; THE STATEMENT UNDER OATH 30 MUST BE WITNESSED BY 31 (A) A COMMISSIONED OR NONCOMMISSIONED
01 OFFICER OF THE ARMED FORCES OF THE UNITED STATES; 02 (B) AN OFFICIAL AUTHORIZED BY FEDERAL LAW OR 03 THE LAW OF THE STATE IN WHICH THE ABSENTEE BALLOT IS 04 CAST TO ADMINISTER AN OATH; OR 05 (C) AN INDIVIDUAL WHO IS 18 YEARS OF AGE OR 06 OLDER]. 07 * Sec. 5. AS 15.20.066 is amended by adding a new subsection to read: 08 (c) In this section, "electronic transmission" means facsimile, electronic mail, 09 and other methods of electronic transmission approved by the director and identified 10 in regulation. 11 * Sec. 6. AS 15.20.072(d) is amended to read: 12 (d) The representative shall deliver the special needs ballot and other voting 13 materials to the voter as soon as practicable. The voter shall mark the ballot in secret, 14 place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope 15 provided. The voter shall provide the information on the envelope that would be 16 required for absentee voting if the voter voted in person. The voter shall sign the 17 voter's certificate [IN THE PRESENCE OF THE REPRESENTATIVE. THE 18 REPRESENTATIVE SHALL SIGN AS ATTESTING OFFICIAL] and date the 19 voter's signature. 20 * Sec. 7. AS 15.20.081(a) is amended to read: 21 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 22 or other electronic transmission to the director for an absentee ballot under this 23 section. Another individual may apply for an absentee ballot on behalf of a qualified 24 voter if that individual is designated to act on behalf of the voter in a written general 25 power of attorney or a written special power of attorney that authorizes the other 26 individual to apply for an absentee ballot on behalf of the voter. The application must 27 include the address or, if the application requests delivery of an absentee ballot by 28 electronic transmission, the telephone electronic transmission number or electronic 29 mail address, to which the absentee ballot is to be returned, the applicant's full Alaska 30 residence address, and the applicant's signature. However, a person residing outside 31 the United States and applying to vote absentee in federal elections in accordance with
01 AS 15.05.011 need not include an Alaska residence address in the application. A 02 person may supply to a voter an absentee ballot application form with a political party 03 or group affiliation indicated only if the voter is already registered as affiliated with 04 the political party or group indicated. Only the voter or the individual designated by 05 the voter in a written power of attorney under this subsection may mark the voter's 06 choice of primary ballot on an application. A person supplying an absentee ballot 07 application form may not design or mark the application in a manner that suggests 08 choice of one ballot over another, except that ballot choices may be listed on an 09 application as authorized by the division. The application must be made on a form 10 prescribed or approved by the director. The voter or registration official shall submit 11 the application directly to the division of elections. For purposes of this subsection, 12 "directly to the division of elections" means that an application may not be submitted 13 to any intermediary that could control or delay the submission of the application to the 14 division or gather data on the applicant from the application form. However, nothing 15 in this subsection is intended to prohibit a voter from giving a completed absentee 16 ballot application to a friend, relative, or associate for transfer to the United States 17 Postal Service or a private commercial delivery service for delivery to the division. 18 * Sec. 8. AS 15.20.081(d) is amended to read: 19 (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 20 PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 21 ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 22 OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 23 OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 24 proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 25 the secrecy sleeve in the envelope provided, and to sign and date the voter's 26 certificate on the envelope [IN THE PRESENCE OF AN OFFICIAL LISTED IN 27 THIS SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND 28 SHALL DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN 29 THIS SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 30 SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 31 INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS
01 A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 02 THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 03 THE VOTER SHALL CERTIFY, AS PRESCRIBED IN AS 09.63.020, UNDER 04 PENALTY OF PERJURY, THAT THE STATEMENTS IN THE VOTER'S 05 CERTIFICATION ARE TRUE]. 06 * Sec. 9. AS 15.20.081(e) is amended to read: 07 (e) An absentee ballot must be marked on or before the date of the election. A 08 [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, A] voter who returns the 09 absentee ballot by mail, whether provided to the voter by mail or by electronic 10 transmission, shall use a mail service at least equal to first class and mail the ballot not 11 later than the day of the election to the election supervisor for the house district in 12 which the voter seeks to vote. Except as provided in AS 15.20.480, the ballot may not 13 be counted unless it is received by the close of business on the 10th day after the 14 election. If the ballot is postmarked, it must be postmarked on or before election day. 15 After the day of the election, ballots may not be accepted unless received by mail. 16 * Sec. 10. AS 15.20.203(b) is amended to read: 17 (b) An absentee ballot may not be counted if 18 (1) the voter has failed to properly execute the certificate; 19 (2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 20 TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 21 CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 22 AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 23 SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 24 VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 25 DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 26 UNDER AS 15.20.061(c); 27 (3)] the ballot is not attested on or before the date of the election; 28 (3) [(4)] the ballot, if postmarked, is not postmarked on or before the 29 date of the election; 30 (4) [(5)] after the day of election, the ballot was delivered by a means 31 other than mail; or
01 (5) [(6)] the voter voted 02 (A) in person and is a 03 (i) first-time voter who initially registered by mail or by 04 facsimile or other electronic transmission approved by the director 05 under AS 15.07.050, has not provided the identification required by 06 AS 15.15.225(a), was not eligible for waiver of the identification 07 requirement under AS 15.15.225(b), and has not provided the 08 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 09 through state agency records described in AS 15.07.055(e); or 10 (ii) voter other than one described in (i) of this 11 subparagraph, did not provide identification described in 12 AS 15.15.225(a), was not personally known by the election official, 13 and has not provided the identifiers required in AS 15.07.060(a)(2) and 14 (3); or 15 (B) by mail or electronic transmission, is a first-time voter who 16 initially registered by mail or by facsimile or other electronic transmission 17 approved by the director under AS 15.07.050 to vote, has not met the 18 identification requirements set out in AS 15.07.060, and does not submit with 19 the ballot a copy of a 20 (i) driver's license, state identification card, current and 21 valid photo identification, birth certificate, passport, or hunting or 22 fishing license; or 23 (ii) current utility bill, bank statement, paycheck, 24 government check, or other government document; an item described 25 in this sub-subparagraph must show the name and current address of 26 the voter. 27 * Sec. 11. AS 15.20.220(b) is amended to read: 28 (b) The state review board shall review and count absentee ballots under 29 AS 15.20.081(e) [AND (h)] and questioned ballots that have been forwarded to the 30 director and that have not been reviewed or counted by a district counting board. 31 * Sec. 12. AS 15.25.020 is amended to read:
01 Sec. 15.25.020. Date of primary. The primary election is held on the second 02 [FOURTH] Tuesday in August of every even-numbered year. 03 * Sec. 13. AS 15.25.055 is amended to read: 04 Sec. 15.25.055. Removal of name from primary ballot. A candidate's name 05 must appear on the primary election ballot unless notice of the withdrawal from the 06 primary is received by the director at least 52 [48] days before the date of the primary 07 election. 08 * Sec. 14. AS 29.20.380 is amended by adding a new subsection to read: 09 (c) The municipal clerk may act as an absentee voting official under 10 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 11 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 12 which the division of elections will not be operating an absentee voting station. 13 * Sec. 15. AS 15.20.081(h), 15.20.081(i), and 15.20.160 are repealed. 14 * Sec. 16. This Act takes effect January 1, 2012.