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SB 152: "An Act relating to voter registration and questioned ballots, and permitting a voter to register up to or on the day of an election."

00 SENATE BILL NO. 152 01 "An Act relating to voter registration and questioned ballots, and permitting a voter to 02 register up to or on the day of an election." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.05.010 is amended to read: 05 Sec. 15.05.010. Voter qualification. A person may vote at any election who 06 (1) is a citizen of the United States; 07 (2) is 18 years of age or older; 08 (3) has been a resident of the state and of the house district in which 09 the person seeks to vote for at least 30 days just before the election; and 10 (4) has registered [BEFORE THE ELECTION] as required under AS 11 15.07 and is not registered to vote in another jurisdiction. 12 * Sec. 2. AS 15.07.070(d) is amended to read: 13 (d) Qualified voters may register in person before a registration official or 14 through a voter registration agency at any time throughout the year. A qualified voter

01 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days 02 preceding an election or on the day of an election shall vote a questioned ballot [IS 03 NOT ELIGIBLE TO VOTE] at that election. Upon receipt and approval of the 04 registration forms, the director or the election supervisor shall forward to the voter an 05 acknowledgment in the form of a registration card, and the voter's name shall 06 immediately be placed on the master register. Names of persons registering 30 or more 07 days before an election shall be placed on the official registration list for that election. 08 * Sec. 3. AS 15.07.090(d) is repealed and reenacted to read: 09 (d) A voter who has failed to request a transfer as provided in (c) of this 10 section or a person who claims to be a registered voter, but for whom no evidence of 11 registration in the precinct can be found, shall vote a questioned ballot. The director or 12 the director's representative shall determine whether a voter for whom no evidence of 13 registration in the precinct is found is registered in that house district before counting 14 the ballot. 15 * Sec. 4. AS 15.15 is amended by adding a new section to read: 16 Sec. 15.15.212. Election day voting by questioned ballot outside a voter's 17 house district. (a) Notwithstanding AS 15.05.010(3), a qualified voter who has been a 18 resident of the state and of a house district for at least 30 days before an election, but 19 who is absent from that house district on election day, may vote a questioned ballot at 20 a polling place outside that district on election day. 21 (b) For purposes of (a) of this section, the director shall 22 (1) supply all polling places with ballots for all house districts in the 23 state; the director may provide the ballots under AS 15.15.032, 15.15.050, or AS 24 15.20.030; 25 (2) provide each voting official with a means of determining, by 26 address, the appropriate house district ballot for a qualified voter voting a questioned 27 ballot under this section; and 28 (3) provide each polling place with a separate ballot box for questioned 29 ballots cast under this section. 30 * Sec. 5. AS 15.15.215(a) is amended to read: 31 (a) A voter who casts a questioned ballot in the voter's house district shall

01 vote the ballot in the same manner as prescribed for other voters. The voter shall insert 02 the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which 03 the statement the voter previously signed is located. The envelope shall be sealed and 04 deposited in the ballot box. When the ballot box is opened, the envelopes shall be 05 segregated, counted, compared to the voting list, and delivered to the official or body 06 supervising the election. The merits of the question shall be determined by this official 07 or body in accordance with the procedure prescribed for questioned ballots [VOTES] 08 in AS 15.20.207. 09 * Sec. 6. AS 15.15.215 is amended by adding a new subsection to read: 10 (c) A voter who casts a questioned ballot at a polling place outside the voter's 11 house district under AS 15.15.212 shall vote the ballot in the same manner prescribed 12 for other voters. The voter shall insert the ballot into a secrecy sleeve and put the 13 secrecy sleeve into an envelope on which the statement the voter previously signed is 14 located. The envelope shall be sealed and deposited in a ballot box provided by the 15 director under AS 15.15.212(b) for out-of-district questioned ballots. When the ballot 16 box is opened, the envelopes shall be segregated, counted, and delivered to the 17 director. 18 * Sec. 7. AS 15.15.350(a) is amended to read: 19 (a) The director may adopt regulations prescribing the manner in which the 20 precinct ballot count is accomplished so as to ensure accuracy in the count and to 21 expedite the process. The election board shall account for all ballots by completing a 22 ballot statement containing (1) the number of official ballots received; (2) the number 23 of official ballots voted; (3) the number of official ballots spoiled; (4) the number of 24 official ballots unused and either destroyed or returned for destruction to the elections 25 supervisor or the election supervisor's designee. The board shall count the number of 26 questioned ballots cast by voters registered to vote in the house district and 27 compare that number to the number of questioned voters in the register. Discrepancies 28 shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. 29 The election board, in hand-count precincts, shall count the ballots in a manner that 30 allows watchers to see the ballots when opened and read. A person handling the ballot 31 after it has been taken from the ballot box and before it is placed in the envelope for

01 mailing may not have a marking device in hand or remove a ballot from the immediate 02 vicinity of the polls. 03 * Sec. 8. AS 15.15 is amended by adding a new section to read: 04 Sec. 15.15.367. Counting and review of out-of-district questioned ballots. 05 The director shall examine each questioned ballot cast under AS 15.15.212 in the 06 manner provided in AS 15.20.207(b). If a questioned ballot is not rejected, it shall be 07 counted, subject to AS 15.15.360. A questioned ballot cast under AS 15.15.212 may 08 be challenged by an appointed party representative when that ballot is reviewed under 09 AS 15.20.220(b). The director shall follow the procedures provided by AS 10 15.20.207(h) - (k) for ballots reviewed under this section. 11 * Sec. 9. AS 15.15.198(b) is repealed.