SB 44: "An Act relating to election practices and procedures; relating to the election of an advisory school board in a regional educational attendance area; and providing for an effective date."
00 SENATE BILL NO. 44 01 "An Act relating to election practices and procedures; relating to the election of an 02 advisory school board in a regional educational attendance area; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.08.071 is amended by adding a new subsection to read: 06 (e) The lieutenant governor may provide for the election of an advisory school 07 board established under AS 14.08.115. An election conducted under this subsection 08 shall be held on the first Tuesday in October. The lieutenant governor may adopt 09 regulations governing an election conducted under this section. 10 * Sec. 2. AS 15.05.011 is amended by adding a new subsection to read: 11 (e) Notwithstanding (b)(1) of this section, a person residing outside the United 12 States may register and vote absentee if 13 (1) the parent or legal guardian of the person was domiciled in the state 14 immediately before leaving the United States;
01 (2) the director determines that the person meets the requirements of 02 (b)(2) - (5) of this section. 03 * Sec. 3. AS 15.20.045 is amended by adding a new subsection to read: 04 (c) In a municipality in which the division will not be operating an absentee 05 voting station, the director may designate the municipal clerk as an absentee voting 06 official for the limited purpose of distributing absentee ballots to qualified voters 07 under AS 15.20.061(a)(1) and qualified voters' representatives under AS 15.20.072. At 08 least 15 days before the election, the director shall supply municipal clerks designated 09 under this subsection with absentee ballots. 10 * Sec. 4. AS 15.20.066(a) is amended to read: 11 (a) The director shall adopt regulations applicable to the delivery of absentee 12 ballots by electronic transmission in a state election and to the use of electronic 13 transmission absentee voting in a state election by qualified voters. The regulations 14 must 15 (1) require the voter to comply with the same time deadlines as for 16 voting in person on or before the closing hour of the polls; 17 (2) require the voter to comply with the same deadlines for 18 applying for an absentee ballot as those set out for applying in person for an 19 absentee ballot in AS 15.20.061(a)(1), except that a qualified voter who is an 20 absent uniformed services voter or an overseas voter may apply to vote an 21 absentee ballot by electronic transmission at any time during a calendar year; 22 and 23 (3) [(2)] ensure the accuracy and, to the greatest degree possible, the 24 integrity and secrecy of the ballot process. 25 * Sec. 5. AS 15.20.081(c) is amended to read: 26 (c) After receipt of an application, the director shall send the absentee ballot 27 and other absentee voting material to the applicant by the most expeditious mail 28 service. However, if the application requests that an absentee ballot for a state election 29 be sent by electronic transmission, the director shall send the absentee ballot and other 30 absentee voting material to the applicant by electronic transmission. Except as 31 provided in (k) of this section, the [THE] absentee ballot and other absentee voting
01 material shall be sent as soon as they are ready for distribution. If the absentee ballot 02 and other absentee voting material are mailed to the applicant, the return envelope sent 03 with the ballot and other materials shall be addressed to the election supervisor in the 04 district in which the voter is a resident. 05 * Sec. 6. AS 15.20.081(e) is amended to read: 06 (e) An absentee ballot must be marked on or before the date of the election. A 07 [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, A] voter who returns the 08 absentee ballot by mail, whether provided to the voter by mail or by electronic 09 transmission, shall use a mail service at least equal to first class and mail the ballot not 10 later than the day of the election to the election supervisor for the house district in 11 which the voter seeks to vote. Except as provided in AS 15.20.480, the ballot may not 12 be counted unless it is received by the close of business on the 10th day after the 13 election. If the ballot is postmarked, it must be postmarked on or before election day. 14 After the day of the election, ballots may not be accepted unless received by mail. 15 * Sec. 7. AS 15.20.081 is amended by adding a new subsection 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 when a voter 21 notifies the director in writing that the voter expects to be living, working, or traveling 22 outside the United States at the time of the election, or in a remote area of the state 23 where distance, terrain, or other natural conditions deny the voter reasonable access to 24 a polling place at the time of the election, the director shall send an absentee ballot and 25 other voting material to the applicant not later than 45 days before the election. 26 * Sec. 8. AS 15.20.220(b) is amended to read: 27 (b) The state review board shall review and count absentee ballots under 28 AS 15.20.081(e) [AND (h)] and questioned ballots that have been forwarded to the 29 director and that have not been reviewed or counted by a district counting board. 30 * Sec. 9. AS 15.25.020 is amended to read: 31 Sec. 15.25.020. Date of primary. The primary election is held on the second
01 [FOURTH] Tuesday in August of every even-numbered year. 02 * Sec. 10. AS 15.25.055 is amended to read: 03 Sec. 15.25.055. Removal of name from primary ballot. A candidate's name 04 must appear on the primary election ballot unless notice of the withdrawal from the 05 primary is received by the director at least 52 [48] days before the date of the primary 06 election. 07 * Sec. 11. AS 15.25.056(a) is amended to read: 08 (a) If an unopposed incumbent candidate for renomination dies, becomes 09 disqualified from holding the office the candidate is seeking, or is certified as being 10 incapacitated between June 1 of the election year and that date which is more than 54 11 [50] days before the date of the primary election, the candidate's place on the ballot 12 may be filled by party petition. The petition shall state that the political party requests 13 the name of the proposed candidate replace that of the incumbent on the primary 14 election ballot and shall be accompanied by a declaration of candidacy from the 15 person named in the petition. The petition must be received by the director not [NO] 16 later than 14 days after the death, disqualification, or certification of incapacity of the 17 incumbent or 52 [48] days before the primary election date, whichever time is earlier. 18 * Sec. 12. AS 15.25.056(c) is amended to read: 19 (c) The death, disqualification, or certification of incapacity of the incumbent 20 within 52 [48] days before or on the primary election date does not affect the counting 21 and review of the ballots. If the result of the counting and review discloses that the 22 candidate, if the candidate had lived, would have been nominated, the candidate shall 23 be declared nominated. The vacancy may be filled by party petition as provided in 24 AS 15.25.110 - 15.25.130. 25 * Sec. 13. AS 15.25.110 is amended to read: 26 Sec. 15.25.110. Filling vacancies by party petition. If a candidate of a 27 political party nominated at the primary election dies, withdraws, resigns, becomes 28 disqualified from holding the office for which the candidate is nominated, or is 29 certified as being incapacitated in the manner prescribed by this section after the 30 primary election and 64 [48] days or more before the general election, the vacancy 31 may be filled by party petition. The central committee of any political party or any
01 party district committee may certify as being incapacitated any candidate nominated 02 by their respective party by presenting to the director a sworn statement made by a 03 panel of three licensed physicians, not more than two of whom may be of the same 04 political party, that the candidate is physically or mentally incapacitated to an extent 05 that would in the panel's judgment prevent the candidate from active service during 06 the term of office if elected. The director shall place the name of the person nominated 07 by party petition on the general election ballot. The name of a candidate disqualified 08 under this section may not appear on the general election ballot. 09 * Sec. 14. AS 15.25.120 is amended to read: 10 Sec. 15.25.120. Requirements for party petition. Party petitions for the 11 nomination of candidates shall state in substance that the political party desires and 12 intends to support the named candidate for the named office and requests that the 13 name of the proposed candidate be placed on the general election ballot. The petition 14 may be filed not [NO] later than 64 [48] days before the date of the general election. 15 * Sec. 15. AS 15.25.200 is amended to read: 16 Sec. 15.25.200. Withdrawal of candidate's name. If a candidate nominated 17 by petition dies or withdraws after the petition has been filed and 64 [48] days or more 18 before the general election, the director may not place the name of the candidate on 19 the general election ballot. 20 * Sec. 16. AS 15.35.135(b) is amended to read: 21 (b) The name of a candidate for retention for supreme court justice, judge of 22 the court of appeals, superior court judge, or district court judge must appear on the 23 general election ballot unless notice under (a) of this section of withdrawal of 24 candidacy is received by the director at least 64 [48] days before the date of the 25 general election. 26 * Sec. 17. AS 15.80.010 is amended by adding new paragraphs to read: 27 (43) "absent uniformed services voter" has the meaning given in 42 28 U.S.C. 1973ff-6; 29 (44) "overseas voter" has the meaning given in 42 U.S.C. 1973ff-6. 30 * Sec. 18. AS 29.20.380 is amended by adding a new subsection to read: 31 (c) The municipal clerk may act as an absentee voting official under
01 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 02 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 03 which the division of elections will not be operating an absentee voting station. 04 * Sec. 19. AS 15.20.081(h), 15.20.081(i), and 15.20.082 are repealed. 05 * Sec. 20. This Act takes effect January 1, 2014.