CSSB 31(STA): "An Act relating to the counting of ballots."
00 CS FOR SENATE BILL NO. 31(STA) 01 "An Act relating to the counting of ballots." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.15.360(a) is amended to read: 04 (a) The election board or director, as may be appropriate, shall count 05 ballots according to the following rules: 06 (1) A voter may mark a ballot only by filling in, making "X" marks, 07 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 08 plus signs that are clearly spaced in the oval opposite the name of the candidate, 09 proposition, or question that the voter desires to designate. 10 (2) A failure to properly mark a ballot as to one or more candidates 11 does not itself invalidate the entire ballot. 12 (3) If a voter marks fewer names than there are persons to be elected to 13 the office, a vote shall be counted for each candidate properly marked. 14 (4) If a voter marks more names than there are persons to be elected to 15 the office, the votes for candidates for that office may not be counted.
01 (5) The mark specified in (1) of this subsection shall be counted only if 02 it is substantially inside the oval provided, or touching the oval so as to indicate 03 clearly that the voter intended the particular oval to be designated. 04 (6) Improper marks on the ballot may not be counted and do not 05 invalidate marks for candidates properly made. 06 (7) An erasure or correction invalidates only that section of the ballot 07 in which it appears. 08 (8) A vote marked for the candidate for President or Vice-President of 09 the United States is considered and counted as a vote for the election of the 10 presidential electors. 11 (9) Write-in votes are not invalidated by writing in the name of a 12 candidate whose name is printed on the ballot unless the election board or director 13 determines, on the basis of other evidence, that the ballot was so marked for the 14 purpose of identifying the ballot. 15 (10) In order to vote for a write-in candidate, the voter must write in 16 the candidate's name in the space provided and fill in the oval opposite the candidate's 17 name in accordance with (1) of this subsection. 18 (11) A vote for a write-in candidate, other than a write-in vote for 19 governor and lieutenant governor, shall be counted if the oval is filled in for that 20 candidate and if the name, as it appears on the write-in declaration of candidacy, of the 21 candidate or the last name of the candidate is written in the space provided. 22 (12) If the write-in vote is for governor and lieutenant governor, the 23 vote shall be counted if the oval is filled in and the names, as they appear on the write- 24 in declaration of candidacy, of the candidates for governor and lieutenant governor or 25 the last names of the candidates for governor and lieutenant governor, or the name, as 26 it appears on the write-in declaration of candidacy, of the candidate for governor or the 27 last name of the candidate for governor is written in the space provided. 28 (13) In counting votes for a write-in candidate, the election board 29 or director shall disregard any abbreviation, misspelling, or other minor 30 variation in the form of the name of a candidate if the intention of the voter can 31 be ascertained.
01 * Sec. 2. AS 15.15 is amended by adding a new section to read: 02 Sec. 15.15.365. Counting of write-in votes in general election. (a) Write-in 03 votes on a general election ballot shall be counted by candidate only if the aggregate 04 of all votes cast for all write-in candidates for the particular office is 05 (1) the highest number of votes received by any candidate for the 06 office; or 07 (2) the second highest number of votes received by any candidate and 08 the difference between the total number of votes received by the candidate having the 09 highest number of votes and the aggregate of all votes cast for all write-in candidates 10 for the office is less than the percentage necessary for a recount at the state's cost 11 under AS 15.20.450. 12 (b) Write-in votes that do not meet the requirements of this section may not be 13 individually counted under this section. 14 (c) If the director determines that the requirements of (a) of this section have 15 been met, 16 (1) the director shall establish the place and date for counting those 17 write-in votes; and 18 (2) in an election for federal or statewide office, the director shall 19 count all write-in ballots under AS 15.15.360. 20 (d) This section does not apply to the counting of federal write-in absentee 21 ballots submitted under 42 U.S.C. 1973ff.