SB 93: "An Act relating to absentee voting, voting, and voter registration; establishing a means of registering to vote online; relating to early voting locations at which persons may vote absentee ballots; and providing for an effective date."
00 SENATE BILL NO. 93 01 "An Act relating to absentee voting, voting, and voter registration; establishing a means 02 of registering to vote online; relating to early voting locations at which persons may vote 03 absentee ballots; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 15.05.010 is amended to read: 06 Sec. 15.05.010. Voter qualification. A person may vote at any election who 07 (1) is a citizen of the United States; 08 (2) is 18 years of age or older; 09 (3) has been a resident of the state and of the house district in which 10 the person seeks to vote for at least 30 days just before the election; and 11 (4) has registered [BEFORE THE ELECTION] as required under 12 AS 15.07 and is not registered to vote in another jurisdiction. 13 * Sec. 2. AS 15.07.050(a) is amended to read: 14 (a) Registration may be made
01 (1) in person before a registration official or through a voter 02 registration agency; 03 (2) by another individual on behalf of the voter if the voter has 04 executed a written general power of attorney or a written special power of attorney 05 authorizing that other individual to register the voter; 06 (3) by mail; [OR] 07 (4) on the state's Internet website; or 08 (5) by facsimile transmission, scanning, or another method of 09 electronic transmission that the director approves. 10 * Sec. 3. AS 15.07.055(e) is amended to read: 11 (e) The director shall enter into an agreement with the Department of 12 Administration and the Department of Revenue to match identifying information 13 provided by a voter who initially registers online, by mail, or by facsimile or other 14 electronic transmission approved by the director under AS 15.07.050 with existing 15 identification records 16 (1) maintained by the administrative component of the Department of 17 Administration that administers motor vehicle and driver's license laws and by the 18 administrative component of the Department of Revenue that administers the 19 permanent fund dividend laws; and 20 (2) bearing the same identifying number, name, and date of birth 21 provided on the registration. 22 * Sec. 4. AS 15.07.060(a) is amended to read: 23 (a) Each applicant who requests registration or reregistration shall supply the 24 following information: 25 (1) the applicant's name and sex; 26 (2) if issued, the applicant's State of Alaska driver's license number or 27 State of Alaska identification card number, or the last four digits of the applicant's 28 social security number; 29 (3) the applicant's date of birth; 30 (4) the applicant's Alaska residence address; 31 (5) a statement of whether the applicant has previously been registered
01 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 02 previous registration; 03 (6) a declaration that the applicant will be 18 years of age or older 04 within 90 days after the date of registration; 05 (7) a declaration that the applicant is a citizen of the United States; 06 (8) the date of application; 07 (9) the applicant's signature, electronic signature, or mark; 08 (10) any former name under which the applicant was registered to vote 09 in the state; 10 (11) an attestation that the information provided by the applicant in (1) 11 - (10) of this subsection is true; and 12 (12) a certification that the applicant understands that a false statement 13 on the application may make the applicant subject to prosecution for a misdemeanor 14 under this title or AS 11. 15 * Sec. 5. AS 15.07.060(e) is amended to read: 16 (e) For an applicant requesting initial registration by mail, online, or by 17 facsimile or other electronic transmission approved by the director under 18 AS 15.07.050, the director shall verify the information provided in compliance with 19 (a)(2) and (3) of this section through state agency records described in 20 AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this 21 section because the applicant has not been issued any of the listed numbers, the 22 applicant may instead submit a copy of one of the following forms of identification: a 23 driver's license, state identification card, current and valid photo identification, birth 24 certificate, passport, or hunting or fishing license. 25 * Sec. 6. AS 15.07 is amended by adding a new section to read: 26 Sec. 15.07.062. Registering to vote on state Internet website. The division 27 shall provide a means for a person to register or reregister to vote on the state's 28 Internet website. 29 * Sec. 7. AS 15.07.064(b) is amended to read: 30 (b) In determining the sufficiency of the registration information provided by 31 the voter in an application to register, the director may consider
01 (1) whether the voter is applying in person, online, by facsimile or 02 other electronic transmission approved by the director under AS 15.07.050, by 03 mail from a location within the state, or by mail from a location outside the state; 04 (2) the location, size, or density of the population within the 05 municipality, established village, or geographic area in which the voter claims 06 residence; 07 (3) whether the municipality, established village, or geographic area 08 has been divided into precincts or local or regional election subdivisions; 09 (4) whether specific locations within the municipality, established 10 village, or geographic area have been identified by street name, subdivisions, or other 11 commonly known official descriptions; or 12 (5) other circumstances considered significant by the director. 13 * Sec. 8. AS 15.07.070(b) is amended to read: 14 (b) To register online, by mail, or by facsimile, scanning, or other electronic 15 transmission approved by the director under AS 15.07.050, the director, the area 16 election supervisor, or a voter registration agency shall furnish, at no cost to the voter, 17 forms prepared by the director on which the registration information required under 18 AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if that 19 person is designated to act on behalf of the voter in a power of attorney, or by a person 20 on behalf of the voter if the voter is physically incapacitated. The director may require 21 proof of identification of the applicant as required by regulations adopted by the 22 director under AS 44.62 (Administrative Procedure Act). Upon receipt and approval of 23 the completed registration forms, the director or the election supervisor shall forward 24 to the voter an acknowledgment, and the voter's name shall immediately be placed on 25 the master register. If the registration is denied, the voter shall immediately be 26 informed in writing that registration was denied and the reason for denial. When 27 identifying information has been provided by the voter as required by this chapter, the 28 election supervisor shall forward to the voter a registration card. 29 * Sec. 9. AS 15.07.070(c) is amended to read: 30 (c) The names of persons submitting completed registration forms by mail that 31 are postmarked at least 30 days before the next election, or submitting completed
01 registration forms online or by facsimile or other electronic transmission approved by 02 the director under AS 15.07.050 that are received at least 30 days before the next 03 election, shall be placed on the official registration list for that election. If a 04 registration form received by mail less than 30 days before an election does not have a 05 legible and dated postmark, the name of the person submitting the form shall be placed 06 on the official registration list for that election if the form was signed and dated by the 07 person at least 30 days before the election and if the form is received by the director or 08 election supervisor at least 25 days before the election. The name of a person 09 submitting a completed registration form online, by mail, or by facsimile or other 10 electronic transmission that does not meet the applicable requirements of this 11 subsection may not be placed on the official registration list for that election but shall 12 be placed on the master register after that election. 13 * Sec. 10. AS 15.07.070(d) is amended to read: 14 (d) Qualified voters may register in person before a registration official or 15 through a voter registration agency at any time throughout the year. A qualified voter 16 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days 17 preceding an election or on the day of an election shall vote a questioned ballot [IS 18 NOT ELIGIBLE TO VOTE] at that election. Upon receipt and approval of the 19 registration forms, the director or the election supervisor shall forward to the voter an 20 acknowledgment in the form of a registration card, and the voter's name shall 21 immediately be placed on the master register. Names of persons registering 30 or more 22 days before an election shall be placed on the official registration list for that election. 23 * Sec. 11. AS 15.07.070(f) is amended to read: 24 (f) Incomplete or inaccurate registration forms may not be accepted. A person 25 who submitted an incomplete or inaccurate registration form may register by 26 reexecuting and resubmitting a registration form in person, online, by mail, or by 27 facsimile or other electronic transmission approved by the director under 28 AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration 29 form resubmitted under this subsection. 30 * Sec. 12. AS 15.07.130(e) is amended to read: 31 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if
01 (1) the voter is present at a polling place or at an early [ABSENTEE] 02 voting station designated under AS 15.20.045(b) at a time when the polling place or 03 early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 04 (2) the voter applies to the division to obtain an absentee ballot; or 05 (3) in an election conducted by mail under AS 15.20.800, a voter who 06 has not received a ballot by mail makes a timely request to the division for a ballot. 07 * Sec. 13. AS 15.20.045 is amended to read: 08 Sec. 15.20.045. Designation of absentee voting officials and early voting 09 stations for voting absentee ballots. (a) The director or election supervisor may 10 designate persons to act as absentee voting officials under AS 15.20.010 - 15.20.220 in 11 areas where election supervisors do not have offices. Magistrates may, with the 12 approval of the administrative director of the Alaska Court System, be designated 13 under this section. At least 15 days before the election the director shall supply each 14 absentee voting official with appropriate ballots. 15 (b) The director may designate by regulation adopted under AS 44.62 16 (Administrative Procedure Act) locations at which early [ABSENTEE] voting stations 17 will be operated for persons who vote absentee ballots on or after the 15th day 18 before an election up to and including the date of the election. The director shall 19 supply these [ABSENTEE] voting stations with absentee ballots for all house districts 20 in the state and shall designate absentee voting officials to serve at the [ABSENTEE] 21 voting stations. A designation as an early voting station under this subsection 22 remains in effect unless 23 (1) the location is no longer available for use as an early voting 24 station; or 25 (2) the director determines that the location is no longer 26 appropriate for use as an early voting station and makes that determination 27 available to the public in writing. 28 (c) In a municipality in which the division will not be operating an early 29 [ABSENTEE] voting station under this section, the director may designate the 30 municipal clerk as an absentee voting official for the limited purpose of distributing 31 absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters'
01 representatives under AS 15.20.072. At least 15 days before the election, the director 02 shall supply municipal clerks designated under this subsection with absentee ballots. 03 * Sec. 14. AS 15.20.050 is amended to read: 04 Sec. 15.20.050. Requirement of full public notice. The director shall give full 05 public notice of the dates and manner of voting absentee and may select any means of 06 communication permitted to be used in giving notice of the date and time of the 07 general election. The director shall give notice under this section of the location of 08 early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 09 days before each election. 10 * Sec. 15. AS 15.20.061(a) is amended to read: 11 (a) A qualified voter may apply in person for an absentee ballot to the 12 following election officials at the times specified: 13 (1) to an absentee voting official on or after the 15th day before an 14 election up to and including the date of the election; 15 (2) to an election supervisor on or after the 15th day before an election 16 up to and including the date of the election; 17 (3) to an absentee voting official at an early [ABSENTEE] voting 18 station designated under AS 15.20.045(b) on or after the 15th day before an election 19 up to and including the date of the election; 20 (4) to an absentee voting official in the precinct in which no volunteers 21 can be located to serve on the election board on or after the 15th day before an election 22 up to and including election day. 23 * Sec. 16. AS 15.20.072(b) is amended to read: 24 (b) The voter may, through a representative, request a special needs ballot 25 from the following election officials at the times specified: 26 (1) from an absentee voting official on or after the 15th day before an 27 election, up to and including election day; 28 (2) from an election supervisor on or after the 15th day before an 29 election up to and including election day; 30 (3) from an absentee voting official at an early [ABSENTEE] voting 31 station designated under AS 15.20.045(b) on or after the 15th day before an election
01 up to and including the date of the election; or 02 (4) from a member of the precinct election board on election day. 03 * Sec. 17. AS 15.20.081 is amended by adding a new subsection to read: 04 (m) An absentee ballot application must include an option for a qualified voter 05 to choose to receive absentee ballots by mail for future regularly scheduled state 06 elections. The division may not require a voter who chooses this option to reapply for 07 an absentee ballot by mail unless 08 (1) the voter has not voted an absentee ballot for a period of four years; 09 or 10 (2) the voter's previous absentee ballot sent under this section was 11 returned to the division as undeliverable. 12 * Sec. 18. AS 15.80.010 is amended by adding a new paragraph to read: 13 (46) "electronic signature" has the meaning given in AS 09.80.190. 14 * Sec. 19. AS 29.20.380(c) is amended to read: 15 (c) The municipal clerk may act as an absentee voting official under 16 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 17 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 18 which the division of elections will not be operating an early [ABSENTEE] voting 19 station under AS 15.20.045(b). 20 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may 23 adopt or amend regulations as necessary to implement the changes made by this Act. The 24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 25 effective date of the law implemented by the regulations. 26 * Sec. 21. This Act takes effect January 1, 2016.