Enrolled HB 104: Relating to election practices and procedures; relating to the reporting of election campaign contributions and expenditures; relating to identification requirements for a communication paid for by a political party; relating to public records; relating to the election of an advisory school board in a regional educational attendance area; and providing for an effective date.
00Enrolled HB 104 01 Relating to election practices and procedures; relating to the reporting of election campaign 02 contributions and expenditures; relating to identification requirements for a communication 03 paid for by a political party; relating to public records; relating to the election of an advisory 04 school board in a regional educational attendance area; and providing for an effective date. 05 _______________ 06 * Section 1. AS 14.08.071 is amended by adding a new subsection to read: 07 (e) The lieutenant governor may provide for the election of an advisory school 08 board established under AS 14.08.115. An election conducted under this subsection 09 shall be held on the first Tuesday in October. The lieutenant governor may adopt 10 regulations governing an election conducted under this subsection. 11 * Sec. 2. AS 15.05.011 is amended by adding a new subsection to read: 12 (e) Notwithstanding (b)(1) of this section, a person residing outside the United
01 States may register and vote absentee if 02 (1) the parent or legal guardian of the person was domiciled in the state 03 immediately before leaving the United States; and 04 (2) the director determines that the person meets the requirements of 05 (b)(2) - (5) of this section. 06 * Sec. 3. AS 15.10.170 is amended to read: 07 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 08 committee, where an organized precinct committee exists, or the party district 09 committee where no organized precinct committee exists, or the state party 10 chairperson where neither a precinct nor a party district committee exists, may appoint 11 one or more persons as watchers in each precinct and counting center for any election. 12 Each candidate not representing a political party may appoint one or more watchers 13 for each precinct or counting center in the candidate's respective district or the state for 14 any election. Any organization or organized group that sponsors or opposes an 15 initiative, referendum, or recall may have one or more persons as watchers at the polls 16 and counting centers after first obtaining authorization from the director. A state party 17 chairperson, a precinct party committee, a party district committee, or a candidate not 18 representing a political party or organization or organized group may not have more 19 than one watcher on duty at a time in any precinct or counting center. A watcher must 20 be a United States citizen. The watcher may be present at a position inside the place 21 of voting or counting that affords a full view of all action of the election officials taken 22 from the time the polls are opened until the ballots are finally counted and the results 23 certified by the election board or the data processing review board. The election board 24 or the data processing review board may require each watcher to present written proof 25 showing appointment by the precinct party committee, the party district committee, 26 the organization or organized group, or the candidate the watcher represents that is 27 signed by the chairperson of the precinct party committee, the party district 28 committee, the state party chairperson, the organization or organized group, or the 29 candidate representing no party. 30 * Sec. 4. AS 15.10.170 is amended by adding a new subsection to read: 31 (b) In addition to the watchers appointed under (a) of this section, in a primary
01 election, special election under AS 15.40.140, or special runoff election under 02 AS 15.40.141, each candidate may appoint one watcher in each precinct and counting 03 center. 04 * Sec. 5. AS 15.10.180 is amended to read: 05 Sec. 15.10.180. Appointment of state ballot counting review board. The 06 director shall appoint two persons from the political party of which the governor is a 07 member and two persons from the political party that received the second largest 08 number of votes statewide in the preceding gubernatorial election to participate in the 09 state ballot counting review. The director may appoint additional individuals to 10 participate in the state ballot counting review. Appointees must be United States 11 citizens. Each political party may present to the director a list of three or more names 12 from which the director shall select the persons to represent the party. The list of 13 names may be submitted in writing at least 30 days before the date of the election. The 14 list of names shall be certified by the state chairperson of the political party or by the 15 person authorized by the party bylaws to act in the absence of the chairperson. 16 * Sec. 6. AS 15.13.074(c) is amended to read: 17 (c) A person or group may not make a contribution 18 (1) to a candidate or an individual who files with the commission the 19 document necessary to permit that individual to incur certain election-related expenses 20 as authorized by AS 15.13.100 when the office is to be filled at a general election 21 before the date that is 18 months before the general election; 22 (2) to a candidate or an individual who files with the commission the 23 document necessary to permit that individual to incur certain election-related expenses 24 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 25 municipal election before the date that is 18 months before the date of the regular 26 municipal election or that is before the date of the proclamation of the special election 27 at which the candidate or individual seeks election to public office; or 28 (3) to any candidate later than the 45th day 29 (A) after the date of the primary election if the candidate was 30 on the ballot and was not nominated at the primary election; or 31 (B) after the date of the general election, or after the date of a
01 municipal or municipal runoff election. 02 * Sec. 7. AS 15.13.090(a) is amended to read: 03 (a) All communications shall be clearly identified by the words "paid for by" 04 followed by the name and address of the person paying for the communication. In 05 addition, except as provided by (d) of this section, a person shall clearly 06 (1) provide the person's address or the person's principal place of 07 business; 08 (2) for a person other than an individual or candidate, include 09 (A) the name and title of the person's principal officer; 10 (B) a statement from the principal officer approving the 11 communication; and 12 (C) unless the person is a political party, identification of the 13 name and city and state of residence or principal place of business, as 14 applicable, of each of the person's three largest contributors under 15 AS 15.13.040(e)(5), if any, during the 12-month period before the date of the 16 communication. 17 * Sec. 8. AS 15.13.090(c) is amended to read: 18 (c) To satisfy the requirements of (a)(1) of this section and, if applicable, 19 (a)(2)(C) of this section, a communication that includes a print or video component 20 must have the following statement or statements placed in the communication so as to 21 be easily discernible; the second statement is not required if the person paying for 22 the communication has no contributors or is a political party: 23 This communication was paid for by (person's name and city and state 24 of principal place of business). The top contributors of (person's name) 25 are (the name and city and state of residence or principal place of 26 business, as applicable, of the largest contributors to the person under 27 AS 15.13.090(a)(2)(C)). 28 * Sec. 9. AS 15.13.090(d) is amended to read: 29 (d) Notwithstanding the requirements of (a) of this section, in a 30 communication transmitted through radio or other audio media and in a 31 communication that includes an audio component, the following statements must be
01 read in a manner that is easily heard; the second statement is not required if the person 02 paying for the communication has no contributors or is a political party: 03 This communication was paid for by (person's name). The top 04 contributors of (person's name) are (the name of the largest contributors 05 to the person under AS 15.13.090(a)(2)(C)). 06 * Sec. 10. AS 15.13.110 is amended by adding a new subsection to read: 07 (j) Before the primary election, a candidate seeking nomination by petition 08 under AS 15.25.140 - 15.25.200 for the office of governor, lieutenant governor, state 09 senator, or state representative shall file the reports under (a)(1) and (2) of this section. 10 * Sec. 11. AS 15.13.374(f) is amended to read: 11 (f) Advisory opinion requests and advisory opinions are public records subject 12 to inspection and copying under AS 40.25, except that, if a person requesting an 13 advisory opinion requests that the person's name be kept confidential, the 14 person's name shall be kept confidential and the commission shall redact the 15 name of the requester from the request and from the advisory opinion before 16 making the request and opinion public. 17 * Sec. 12. AS 15.20.045 is amended by adding a new subsection to read: 18 (c) In a municipality in which the division will not be operating an absentee 19 voting station, the director may designate the municipal clerk as an absentee voting 20 official for the limited purpose of distributing absentee ballots to qualified voters 21 under AS 15.20.061(a)(1) and qualified voters' representatives under AS 15.20.072. At 22 least 15 days before the election, the director shall supply municipal clerks designated 23 under this subsection with absentee ballots. 24 * Sec. 13. AS 15.20.081(c) is amended to read: 25 (c) After receipt of an application, the director shall send the absentee ballot 26 and other absentee voting material to the applicant by the most expeditious mail 27 service. However, if the application requests that an absentee ballot for a state election 28 be sent by electronic transmission, the director shall send the absentee ballot and other 29 absentee voting material to the applicant by electronic transmission. Except as 30 provided in (k) of this section, the [THE] absentee ballot and other absentee voting 31 material shall be sent as soon as they are ready for distribution. If the absentee ballot
01 and other absentee voting material are mailed to the applicant, the return envelope sent 02 with the ballot and other materials shall be addressed to the election supervisor in the 03 district in which the voter is a resident. 04 * Sec. 14. AS 15.20.081(h) is amended to read: 05 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 06 from outside the United States or from an overseas voter qualifying under 07 AS 15.05.011 that has been marked and mailed not later than election day may not be 08 counted unless the ballot is received by the election supervisor not later than the close 09 of business on the 10 (1) 10th day following a primary election or special election under 11 AS 15.40.140; or 12 (2) 15th day following a general election, special runoff election, or 13 special [THE] election, other than a special election described in (1) of this 14 subsection. 15 * Sec. 15. AS 15.20.081 is amended by adding new subsections to read: 16 (k) In accordance with 42 U.S.C. 1973ff-1(a)(8)(A), if an application is 17 received at least 45 days before an election and is from an absent uniformed services 18 voter or an overseas voter, the director shall send an absentee ballot and other voting 19 material to the applicant not later than 45 days before the election. 20 (l) If an application is received at least 45 days before an election and is from 21 a voter who notifies the director in writing that the voter expects to be living, working, 22 or traveling outside the United States at the time of the election or expects to be living, 23 working, or traveling in a remote area of the state where distance, terrain, or other 24 natural conditions deny the voter reasonable access to a polling place at the time of the 25 election, the director shall send an absentee ballot and other voting material to the 26 applicant not later than 45 days before the election. 27 * Sec. 16. AS 15.20.203(i) is amended to read: 28 (i) The director shall mail the materials described in (h) of this section to the 29 voter not later than 30 (1) 10 days after completion of the review of ballots by the state 31 review board for a primary election, or for a special election under AS 15.40.140
01 that is followed by a special runoff election; 02 (2) 60 days after certification of the results of a general election, 03 special runoff election, or special election other than a special election described in 04 (1) of this subsection. 05 * Sec. 17. AS 15.20.203(j) is amended to read: 06 (j) The director shall make available through a free access system to each 07 absentee voter a system to check to see whether the voter's ballot was counted and, if 08 not counted, the reason why the ballot was not counted. The director shall make this 09 information available through the free access system not less than 10 (1) 10 days after certification of the results of a primary election, or a 11 special election under AS 15.40.140 that is followed by a special runoff election; 12 and 13 (2) [NOT LESS THAN] 30 days after certification of the results of a 14 general or special election, other than a special election described in (1) of this 15 subsection. 16 * Sec. 18. AS 15.20.207(i) is amended to read: 17 (i) The director shall mail the materials described in (h) of this section to the 18 voter not later than 19 (1) 10 days after completion of the review of ballots by the state 20 review board for a primary election, or for a special election under AS 15.40.140 21 that is followed by a special runoff election; 22 (2) 60 days after certification of the results of a general or special 23 election, other than a special election described in (1) of this subsection. 24 * Sec. 19. AS 15.20.207(k) is amended to read: 25 (k) The director shall make available through a free access system to each 26 voter voting a questioned ballot a system to check to see whether the voter's ballot was 27 counted and, if not counted, the reason why the ballot was not counted. The director 28 shall make this information available through the free access system not less than 29 (1) 10 days after certification of the results of a primary election, or a 30 special election under AS 15.40.140 that is followed by a special runoff election; 31 and
01 (2) [NOT LESS THAN] 30 days after the certification of the results of 02 a general or special election, other than a special election described in (1) of this 03 subsection. 04 * Sec. 20. AS 15.20.211(d) is amended to read: 05 (d) The director shall mail the materials described in (c) of this section to the 06 voter not later than 07 (1) 10 days after completion of the review of ballots by the state 08 review board for a primary election, or for a special election under AS 15.40.140 09 that is followed by a special runoff election; 10 (2) 60 days after certification of the results of a general or special 11 election, other than a special election described in (1) of this subsection. 12 * Sec. 21. AS 15.20.211(f) is amended to read: 13 (f) The director shall make available through a free access system to each 14 voter whose ballot was subject to partial counting under this section a system to check 15 to see whether the voter's ballot was partially counted and, if not counted, the reason 16 why the ballot was not counted. The director shall make this information available 17 through the free access system not less than 18 (1) 10 days after certification of the results of a primary election, or a 19 special election under AS 15.40.140 that is followed by a special runoff election; 20 and 21 (2) [NOT LESS THAN] 30 days after the certification of the results of 22 a general or special election, other than a special election described in (1) of this 23 subsection. 24 * Sec. 22. AS 15.25.020 is amended to read: 25 Sec. 15.25.020. Date of primary. The primary election is held on the third 26 [FOURTH] Tuesday in August of every even-numbered year. 27 * Sec. 23. AS 15.25.055 is amended to read: 28 Sec. 15.25.055. Removal of name from primary ballot. A candidate's name 29 must appear on the primary election ballot unless notice of the withdrawal from the 30 primary is received by the director at least 52 [48] days before the date of the primary 31 election.
01 * Sec. 24. AS 15.25.056(a) is amended to read: 02 (a) If an unopposed incumbent candidate for renomination dies, becomes 03 disqualified from holding the office the candidate is seeking, or is certified as being 04 incapacitated between June 1 of the election year and that date which is more than 54 05 [50] days before the date of the primary election, the candidate's place on the ballot 06 may be filled by party petition. The petition shall state that the political party requests 07 the name of the proposed candidate replace that of the incumbent on the primary 08 election ballot and shall be accompanied by a declaration of candidacy from the 09 person named in the petition. The petition must be received by the director not [NO] 10 later than 14 days after the death, disqualification, or certification of incapacity of the 11 incumbent or 52 [48] days before the primary election date, whichever time is earlier. 12 * Sec. 25. AS 15.25.056(c) is amended to read: 13 (c) The death, disqualification, or certification of incapacity of the incumbent 14 within 52 [48] days before or on the primary election date does not affect the counting 15 and review of the ballots. If the result of the counting and review discloses that the 16 candidate, if the candidate had lived, would have been nominated, the candidate shall 17 be declared nominated. The vacancy may be filled by party petition as provided in 18 AS 15.25.110 - 15.25.130. 19 * Sec. 26. AS 15.25.110 is amended to read: 20 Sec. 15.25.110. Filling vacancies by party petition. If a candidate of a 21 political party nominated at the primary election dies, withdraws, resigns, becomes 22 disqualified from holding the office for which the candidate is nominated, or is 23 certified as being incapacitated in the manner prescribed by this section after the 24 primary election and 64 [48] days or more before the general election, the vacancy 25 may be filled by party petition. The central committee of any political party or any 26 party district committee may certify as being incapacitated any candidate nominated 27 by their respective party by presenting to the director a sworn statement made by a 28 panel of three licensed physicians, not more than two of whom may be of the same 29 political party, that the candidate is physically or mentally incapacitated to an extent 30 that would in the panel's judgment prevent the candidate from active service during 31 the term of office if elected. The director shall place the name of the person nominated
01 by party petition on the general election ballot. The name of a candidate disqualified 02 under this section may not appear on the general election ballot. 03 * Sec. 27. AS 15.25.120 is amended to read: 04 Sec. 15.25.120. Requirements for party petition. Party petitions for the 05 nomination of candidates shall state in substance that the political party desires and 06 intends to support the named candidate for the named office and requests that the 07 name of the proposed candidate be placed on the general election ballot. The petition 08 may be filed not [NO] later than 64 [48] days before the date of the general election. 09 * Sec. 28. AS 15.25.200 is amended to read: 10 Sec. 15.25.200. Withdrawal of candidate's name. If a candidate nominated 11 by petition dies or withdraws after the petition has been filed and 64 [48] days or more 12 before the general election, the director may not place the name of the candidate on 13 the general election ballot. 14 * Sec. 29. AS 15.35.135(b) is amended to read: 15 (b) The name of a candidate for retention for supreme court justice, judge of 16 the court of appeals, superior court judge, or district court judge must appear on the 17 general election ballot unless notice under (a) of this section of withdrawal of 18 candidacy is received by the director at least 64 [48] days before the date of the 19 general election. 20 * Sec. 30. AS 15.40.140 is amended to read: 21 Sec. 15.40.140. Condition [AND TIME] of calling special election. When a 22 vacancy occurs in the office of United States senator or United States representative, 23 the governor shall, by proclamation, call a special election under AS 15.40.142(a) 24 [TO BE HELD ON A DATE NOT LESS THAN 60, NOR MORE THAN 90, DAYS 25 AFTER THE DATE THE VACANCY OCCURS]. However, if the vacancy occurs on 26 a date that is less than 60 days before or is on or after the date of the primary election 27 in the general election year during which a candidate to fill the office is regularly 28 elected, the governor may not call a special election. 29 * Sec. 31. AS 15.40 is amended by adding new sections to read: 30 Sec. 15.40.141. Condition of calling a special runoff election. (a) If no 31 candidate in a special election called under AS 15.40.140 receives over 50 percent of
01 the votes cast for the office, the governor shall, by proclamation, call a special runoff 02 election under AS 15.40.142(b). 03 (b) In a special runoff election called under (a) of this section, the director 04 shall place the names of the candidates receiving the greatest number of votes and the 05 second greatest number of votes in the special election on the special runoff election 06 ballot. 07 Sec. 15.40.142. Time of calling the special election and the special runoff 08 election. (a) Except as provided in (c) of this section, if a special election is called 09 under AS 15.40.140, it shall be held on a date not less than 60, nor more than 90, days 10 after the date the vacancy occurs. 11 (b) Except as provided in (c) of this section, a special runoff election under 12 AS 15.40.141 shall be held on the first Tuesday that is not a state holiday occurring 13 not less than 60 days after the special election. 14 (c) In an election year in which a candidate for the vacant office is not 15 regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 16 than 90, days before the date of 17 (1) the primary election, the special election shall be held on the date 18 of the primary election with any subsequent special runoff election under 19 AS 15.40.141 to be held on the date of the general election; or 20 (2) the general election, the special election shall be held on the date of 21 the general election with any subsequent special runoff election under AS 15.40.141 to 22 be held on the first Tuesday that is not a state holiday occurring not less than 60 days 23 after the special and general election. 24 * Sec. 32. AS 15.40.160 is amended to read: 25 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation at 26 least 50 days before the 27 (1) special election; and 28 (2) if a special runoff election is required under AS 15.40.141(a), 29 special runoff election. 30 * Sec. 33. AS 15.40.165 is amended to read: 31 Sec. 15.40.165. Term of elected senator. At the special election, or, as
01 provided by AS 15.40.141, at the special runoff election, a United States senator 02 shall be elected to fill the remainder of the unexpired term. The person elected shall 03 take office on the date the United States Senate meets, convenes, or reconvenes 04 following the certification of the results of the special election or special runoff 05 election by the director. 06 * Sec. 34. AS 15.40.170 is amended to read: 07 Sec. 15.40.170. Term of elected representative. At the special election, or, as 08 provided by AS 15.40.141, at the special runoff election, a United States 09 representative shall be elected to fill the remainder of the unexpired term. The person 10 elected shall take office on the date the United States house of representatives meets, 11 convenes, or reconvenes following the certification of the results of the special 12 election or special runoff election by the director. 13 * Sec. 35. AS 15.40.220 is amended to read: 14 Sec. 15.40.220. General provisions for conduct of special election and 15 special runoff election. Unless specifically provided otherwise, all provisions 16 regarding the conduct of the general election shall govern the conduct of the special 17 election and the special runoff election of the United States senator or United States 18 representative, including provisions concerning voter qualifications; provisions 19 regarding the duties, powers, rights, and obligations of the director, of other election 20 officials, and of municipalities; provision for notification of the election; provision for 21 payment of election expenses; provisions regarding employees being allowed time 22 from work to vote; provisions for the counting, reviewing, and certification of returns; 23 provision for running as, voting for, and counting ballots for a write-in 24 candidate; provisions for the determination of the votes and of recounts, contests, and 25 appeal; and provision for absentee voting. 26 * Sec. 36. AS 15.45.190 is amended to read: 27 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 28 direct the director to place the ballot title and proposition on the election ballot of the 29 first statewide general, special, special runoff, or primary election that is held after 30 (1) the petition has been filed; 31 (2) a legislative session has convened and adjourned; and
01 (3) a period of 120 days has expired since the adjournment of the 02 legislative session. 03 * Sec. 37. AS 15.45.420 is amended to read: 04 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 05 direct the director to place the ballot title and proposition on the election ballot for the 06 first statewide general, special, special runoff, or primary election held more than 180 07 days after adjournment of the legislative session at which the act was passed. 08 * Sec. 38. AS 15.58.010 is amended to read: 09 Sec. 15.58.010. Election pamphlet. Before each state general election, and 10 before each state primary, special, or special runoff election at which a ballot 11 proposition is scheduled to appear on the ballot, the lieutenant governor shall prepare, 12 publish, and mail at least one election pamphlet to each household identified from the 13 official registration list. The pamphlet shall be prepared on a regional basis as 14 determined by the lieutenant governor. 15 * Sec. 39. AS 15.58.020(b) is amended to read: 16 (b) Each primary, special, or special runoff election pamphlet shall contain 17 only the information specified in (a)(6) and (a)(9) of this section for each ballot 18 measure scheduled to appear on the primary, [OR] special, or special runoff election 19 ballot. 20 * Sec. 40. AS 15.58.030 is amended by adding a new subsection to read: 21 (h) The lieutenant governor shall prepare and publish on the division's Internet 22 website the photograph and statement of a candidate for an office designated under 23 (a), (b), or (g) of this section. The lieutenant governor shall indicate that the 24 photograph and statement are provided and paid for by the candidate. A photograph 25 and a statement of a candidate that have been timely filed with the lieutenant governor 26 shall be published on the website at least 15 days before an election at which the 27 candidate will appear on the ballot. 28 * Sec. 41. AS 15.80.010(8) is amended to read: 29 (8) "federal election" means a general, special, special runoff, or 30 primary election held solely or in part for the purpose of selecting, nominating, or 31 electing a candidate for the office of President, Vice-President, presidential elector,
01 United States senator, or United States representative; 02 * Sec. 42. AS 15.80.010 is amended by adding new paragraphs to read: 03 (43) "absent uniformed services voter" has the meaning given in 42 04 U.S.C. 1973ff-6; 05 (44) "overseas voter" has the meaning given in 42 U.S.C. 1973ff-6; 06 (45) "special runoff election" means a runoff election for a United 07 States senator or United States representative held because no candidate for the office 08 received over 50 percent of the votes cast at the special election for that office. 09 * Sec. 43. AS 29.20.380 is amended by adding a new subsection to read: 10 (c) The municipal clerk may act as an absentee voting official under 11 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 12 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 13 which the division of elections will not be operating an absentee voting station. 14 * Sec. 44. AS 15.20.081(i) and 15.20.082 are repealed. 15 * Sec. 45. This Act takes effect January 1, 2014.