00                      CS FOR SENATE BILL NO. 31(JUD)                                                                    
01 "An Act relating to the counting of write-in votes."                                                                    
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 15.15.360 is amended by adding a new subsection to read:                                           
04            (d)  Write-in votes shall be counted according to the following rules:                                       
05                 (1)  writing in the name of a candidate whose name is printed on the                                    
06       ballot does not invalidate a write-in vote unless the director determines, on the basis of                        
07       other evidence, that the ballot was so marked for the purpose of identifying the ballot;                          
08                 (2)  in order to vote for a write-in candidate, the voter must write in the                             
09       candidate's name in the space provided and fill in the oval opposite the candidate's                              
10       name in accordance with (a)(1) of this section;                                                                   
11                 (3)  a vote for a write-in candidate, other than a write-in vote for                                    
12       governor and lieutenant governor, shall be counted if the oval is filled in for that                              
13       candidate and if the name of the candidate, as it appears on the write-in declaration of                          
14       candidacy, or the last name of the candidate is written in the space provided;                                    
15                 (4)  if the write-in vote is for governor and lieutenant governor, the vote                             

01       shall be counted if the oval is filled in and the names of the candidates for governor                            
02       and lieutenant governor, as they appear on the write-in declaration of candidacy, or the                          
03       last names of the candidates for governor and lieutenant governor, or the name of the                             
04       candidate for governor, as it appears on the write-in declaration of candidacy, or the                            
05       last name of the candidate for governor is written in the space provided;                                         
06                 (5)  in counting votes for a write-in candidate, the director shall                                     
07       disregard any abbreviation, misspelling, or other minor variation in the form of the                              
08       name of a candidate if the intention of the voter can be ascertained.                                             
09    * Sec. 2. AS 15.15 is amended by adding a new section to read:                                                     
10            Sec. 15.15.365. Counting of write-in votes in general election. (a) Write-in                               
11       votes on a general election ballot shall be counted by candidate only if the aggregate                            
12       of all votes cast for all write-in candidates for the particular office is                                        
13                 (1)  the highest number of votes received by any candidate for the                                      
14       office; or                                                                                                        
15                 (2)  the second highest number of votes received by any candidate and                                   
16       the difference between the total number of votes received by the candidate having the                             
17       highest number of votes and the aggregate of all votes cast for all write-in candidates                           
18       for the office is less than the percentage necessary for a recount at the state's cost                            
19       under AS 15.20.450.                                                                                               
20            (b)  Write-in votes that do not meet the requirements of this section may not be                             
21       individually counted under this section.                                                                          
22            (c)  If the director determines that the requirements of (a) of this section have                            
23       been met, the director shall establish the place and date for counting those write-in                             
24       votes, and the director, or a designee of the director, shall count all write-in ballots                          
25       under AS 15.15.360(d).                                                                                            
26            (d)  This section does not apply to the counting of federal write-in absentee                                
27       ballots submitted under 42 U.S.C. 1973ff.                                                                         
28    * Sec. 3. AS 15.15.360(a)(9), 15.15.360(a)(10), 15.15.360(a)(11), and 15.15.360(a)(12) are                         
29 repealed.