CSHB 1(JUD): "An Act relating to absentee voting, voting, early voting, special needs voting, and voter registration; relating to poll watchers; relating to absentee ballots, questioned ballots, and questioned ballot procedures; relating to which primary election ballot a voter may use; relating to early voting locations at which persons may vote absentee ballots; relating to qualifications to vote at a municipal election; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 1(JUD) 01 "An Act relating to absentee voting, voting, early voting, special needs voting, and voter 02 registration; relating to poll watchers; relating to absentee ballots, questioned ballots, 03 and questioned ballot procedures; relating to which primary election ballot a voter may 04 use; relating to early voting locations at which persons may vote absentee ballots; 05 relating to qualifications to vote at a municipal election; and providing for an effective 06 date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 15.05.010 is amended to read: 09 Sec. 15.05.010. Voter qualification. A person may vote at any election who 10 (1) is a citizen of the United States; 11 (2) is 18 years of age or older; 12 (3) has been a resident of the state and of the house district in which 13 the person seeks to vote for at least 30 days just before the election; and
01 (4) has registered [BEFORE THE ELECTION] as required under 02 AS 15.07 and is not registered to vote in another jurisdiction. 03 * Sec. 2. AS 15.07.060(a) is amended to read: 04 (a) Each applicant who requests registration or reregistration shall supply the 05 following information: 06 (1) the applicant's name and sex; 07 (2) if issued, the applicant's State of Alaska driver's license number or 08 State of Alaska identification card number, or the last four digits of the applicant's 09 social security number; 10 (3) the applicant's date of birth; 11 (4) the applicant's Alaska residence address; 12 (5) a statement of whether the applicant has previously been registered 13 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 14 previous registration; 15 (6) a declaration that the applicant will be 18 years of age or older 16 within 90 days after the date of registration; 17 (7) a declaration that the applicant is a citizen of the United States; 18 (8) the date of application; 19 (9) the applicant's signature, electronic signature under (g) of this 20 section, or mark; 21 (10) any former name under which the applicant was registered to vote 22 in the state; 23 (11) an attestation that the information provided by the applicant in (1) 24 - (10) of this subsection is true; and 25 (12) a certification that the applicant understands that a false statement 26 on the application may make the applicant subject to prosecution for a misdemeanor 27 under this title or AS 11. 28 * Sec. 3. AS 15.07.060(b) is amended to read: 29 (b) Every registration form must include space for an applicant who is 30 registered in another jurisdiction to specify that jurisdiction and a notice that the 31 director will notify the chief elections officer in that jurisdiction. If the applicant
01 has been previously registered to vote in another jurisdiction, the director shall notify 02 the chief elections officer in that jurisdiction that the applicant has registered to vote in 03 Alaska and request that that jurisdiction cancel the applicant's voter registration there. 04 * Sec. 4. AS 15.07.060 is amended by adding a new subsection to read: 05 (g) In accordance with AS 09.80.150(b), the director of the division shall 06 determine the form of an electronic signature that may be used to register or reregister 07 under (a) of this section and the process used to obtain the electronic signature. 08 * Sec. 5. AS 15.07.070(d) is amended to read: 09 (d) Qualified voters may register in person before a registration official or 10 through a voter registration agency at any time throughout the year. A qualified voter 11 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days 12 preceding an election or on the day of an election shall vote an absentee or 13 questioned ballot [IS NOT ELIGIBLE TO VOTE] at that election. Upon receipt and 14 approval of the registration forms, the director or the election supervisor shall forward 15 to the voter an acknowledgment in the form of a registration card, and the voter's name 16 shall immediately be placed on the master register. Names of persons registering 30 or 17 more days before an election shall be placed on the official registration list for that 18 election. 19 * Sec. 6. AS 15.07.070(h) is amended to read: 20 (h) The director shall design the form of the voter's certificate appearing on 21 the envelope that is used for voting an absentee in-person, special needs, or 22 questioned ballot so that a voter's choice to register as nonpartisan, as undeclared, 23 or as affiliated with a political party or political group and all information required 24 for registration by AS 15.07.060(a) may be obtained from a voter who votes an 25 absentee in-person, special needs, or questioned ballot. If the voter voting an absentee 26 in-person, special needs, or questioned ballot has completed all information on the 27 voter registration portion of the absentee in-person, special needs, or questioned ballot 28 voter's certificate, the director shall place the name of the voter on the official 29 registration list. 30 * Sec. 7. AS 15.07.070 is amended by adding a new subsection to read: 31 (i) In this section, "absentee or questioned ballot" includes a special needs
01 ballot voted under AS 15.20.072. 02 * Sec. 8. AS 15.07.090(b) is amended to read: 03 (b) A voter shall reregister if the voter's registration is cancelled as provided in 04 AS 15.07.130. A person who has reregistered under this subsection shall vote an 05 absentee or questioned ballot until [THE REREGISTRATION IS EFFECTIVE 06 FOR] the next election that occurs at least 30 days after the date of reregistration. 07 * Sec. 9. AS 15.07.090(c) is amended to read: 08 (c) The director shall transfer the registration of a voter from one precinct to 09 another within a house district when requested by the voter. If a [THE] request is not 10 [SHALL BE] made 30 or more days before the election day, a person who has 11 moved to a new precinct shall vote an absentee or questioned ballot. The director 12 shall transfer the registration of a voter from one house district to another when 13 requested by the voter. The voter must reside in the new house district for at least 30 14 days in order to vote a ballot for that district. 15 * Sec. 10. AS 15.07.090(d) is amended to read: 16 (d) A person who claims to be a registered voter, but for whom no evidence of 17 registration in the precinct can be found, shall vote an absentee or questioned ballot 18 [BE GRANTED THE RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A 19 QUESTIONED VOTER AND THE BALLOT SHALL BE TREATED IN THE 20 SAME MANNER. THE BALLOT SHALL BE CONSIDERED TO BE A 21 "QUESTIONED BALLOT" AND SHALL BE SO DESIGNATED. THE DIRECTOR 22 OR THE DIRECTOR'S REPRESENTATIVE SHALL DETERMINE WHETHER 23 THE VOTER IS REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING 24 THE BALLOT. A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS 25 PROVIDED IN (c) OF THIS SECTION SHALL VOTE A "QUESTIONED 26 BALLOT" IN THE PRECINCT IN WHICH THE VOTER RESIDES]. 27 * Sec. 11. AS 15.07.090 is amended by adding a new subsection to read: 28 (e) In this section, "absentee or questioned ballot" includes a special needs 29 ballot voted under AS 15.20.072. 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 15.10.170 is amended to read: 08 Sec. 15.10.170. Appointment and privileges of watchers. (a) In a general 09 election, special election, or special runoff election under AS 15.40.141, a [THE] 10 precinct party committee, where an organized precinct committee exists, or the party 11 district committee where no organized precinct committee exists, or the state party 12 chair [CHAIRPERSON] where neither a precinct nor a party district committee 13 exists, may appoint one or more [PERSONS AS] watchers in each precinct and 14 counting center. A [FOR ANY ELECTION. EACH] candidate not representing a 15 political party may appoint one or more watchers for each precinct or counting center 16 in the candidate's respective district or the state [FOR ANY ELECTION]. Any 17 organization or organized group that sponsors or opposes a ballot proposition [AN 18 INITIATIVE, REFERENDUM,] or recall may have one or more [PERSONS AS] 19 watchers at the polls and counting centers after first obtaining authorization from the 20 director. A state party chair [CHAIRPERSON], a precinct party committee, a party 21 district committee, or a candidate not representing a political party or organization or 22 organized group may not have more than one watcher on duty at a time in any precinct 23 or counting center. [A WATCHER MUST BE A UNITED STATES CITIZEN. THE 24 WATCHER MAY BE PRESENT AT A POSITION INSIDE THE PLACE OF 25 VOTING OR COUNTING THAT AFFORDS A FULL VIEW OF ALL ACTION OF 26 THE ELECTION OFFICIALS TAKEN FROM THE TIME THE POLLS ARE 27 OPENED UNTIL THE BALLOTS ARE FINALLY COUNTED AND THE 28 RESULTS CERTIFIED BY THE ELECTION BOARD OR THE DATA 29 PROCESSING REVIEW BOARD. THE ELECTION BOARD OR THE DATA 30 PROCESSING REVIEW BOARD MAY REQUIRE EACH WATCHER TO 31 PRESENT WRITTEN PROOF SHOWING APPOINTMENT BY THE PRECINCT
01 PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, THE 02 ORGANIZATION OR ORGANIZED GROUP, OR THE CANDIDATE THE 03 WATCHER REPRESENTS THAT IS SIGNED BY THE CHAIRPERSON OF THE 04 PRECINCT PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, THE 05 STATE PARTY CHAIRPERSON, THE ORGANIZATION OR ORGANIZED 06 GROUP, OR THE CANDIDATE REPRESENTING NO PARTY.] 07 (b) In [ADDITION TO THE WATCHERS APPOINTED UNDER (a) OF 08 THIS SECTION, IN] a primary election, [SPECIAL ELECTION UNDER 09 AS 15.40.140, OR SPECIAL RUNOFF ELECTION UNDER AS 15.40.141,] each 10 candidate may appoint one or more persons as watchers for [WATCHER IN] each 11 precinct and counting center in the candidate's respective district. Any 12 organization or organized group that sponsors or opposes a ballot proposition or 13 recall may have one or more watchers at the polls and counting centers after first 14 obtaining authorization from the director. 15 * Sec. 14. AS 15.10.170 is amended by adding a new subsection to read: 16 (c) A watcher appointed under this section may be present at a position inside 17 the place of voting or counting that affords a full view of all action of the election 18 officials taken from the time the polls are opened until the ballots are finally counted 19 and the results certified by the election board or the data processing review board. The 20 election board or the data processing review board may require each watcher to 21 present written proof showing appointment by the respective precinct party committee, 22 party district committee, organization or organized group, or candidate the watcher 23 represents that is signed by the respective chair of the precinct party committee, party 24 district committee, state party chair, organization or organized group, or candidate. A 25 watcher must be a United States citizen. 26 * Sec. 15. AS 15.15.210 is amended to read: 27 Sec. 15.15.210. Questioning of voters of suspect qualification; questioned 28 ballot procedures. Every election official shall question, and every watcher and any 29 other person qualified to vote in the precinct may question, a person attempting to vote 30 if the questioner has good reason to suspect that the questioned person is not qualified 31 under AS 15.05. All questions regarding a person's qualifications to vote shall be
01 made in writing setting out the reason the person has been questioned. A questioned 02 person shall complete the declaration required under (b) of this section [, 03 BEFORE VOTING, SUBSCRIBE TO A DECLARATION IN A FORM PROVIDED 04 BY THE DIRECTOR ATTESTING TO THE FACT THAT IN EACH 05 PARTICULAR THE PERSON MEETS ALL THE QUALIFICATIONS OF A 06 VOTER, IS NOT DISQUALIFIED, AND HAS NOT VOTED AT THE SAME 07 ELECTION, AND CERTIFYING THAT THE PERSON UNDERSTANDS THAT A 08 FALSE STATEMENT ON THE DECLARATION MAY SUBJECT THE PERSON 09 TO PROSECUTION FOR A MISDEMEANOR UNDER THIS TITLE OR AS 11. 10 AFTER THE QUESTIONED PERSON HAS EXECUTED THE DECLARATION, 11 THE PERSON MAY VOTE]. If the questioned person refuses to execute the 12 declaration, the person may not vote. 13 * Sec. 16. AS 15.15.210 is amended by adding a new subsection to read: 14 (b) Each person voting a questioned ballot shall complete a declaration in a 15 form provided by the director attesting to the fact that the person is a qualified voter, is 16 not disqualified, and has not voted at the same election and certifying that the person 17 understands that a false statement on the declaration may subject the person to 18 prosecution for a misdemeanor under this title or AS 11. For state and local elections, 19 the voter must attest that the voter has been a 30-day resident of the election district in 20 which the voter is seeking to vote or that the voter is otherwise qualified to vote under 21 AS 15.20.211. 22 * Sec. 17. AS 15.15.215(a) is amended to read: 23 (a) A voter who casts a questioned ballot shall vote the ballot in the same 24 manner as prescribed for other voters. The voter shall insert the ballot into a secrecy 25 sleeve and put the secrecy sleeve into an envelope on which the declaration required 26 by AS 15.15.210 [STATEMENT THE VOTER PREVIOUSLY SIGNED] is located. 27 The envelope shall be sealed and deposited in the ballot box. When the ballot box is 28 opened, the envelopes shall be segregated, counted, compared to the voting list, and 29 delivered to the official or body supervising the election. The merits of the question 30 shall be determined by this official or body in accordance with the procedure 31 prescribed for questioned votes in AS 15.20.207.
01 * Sec. 18. AS 15.20.030 is amended to read: 02 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 03 director shall provide ballots for use as absentee ballots in all districts. The director 04 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 05 and shall provide an envelope with the prescribed voter's certificate on it, in which the 06 secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the 07 form of and prepare the voter's certificate, envelopes, and other material used in 08 absentee voting. The voter's certificate shall include a declaration, for use when 09 required, that the voter is a qualified voter in all respects, a blank for the voter's 10 signature, a certification that the affiant properly executed the marking of the ballot 11 and gave the voter's identity, blanks for the attesting official or witness, and a place for 12 recording the date the envelope was sealed and witnessed. For state and local 13 elections, the voter's certificate declaration must include an attestation that the 14 voter has been a 30-day resident of the election district in which the voter is 15 seeking to vote or is otherwise qualified to vote under AS 15.20.211. The envelope 16 with the voter's certificate must include a notice that false statements made by the 17 voter or by the attesting official or witness on the certificate are punishable by law. 18 * Sec. 19. AS 15.20.045 is amended to read: 19 Sec. 15.20.045. Designation of absentee voting officials and early voting 20 stations for voting absentee ballots. (a) The director or election supervisor may 21 designate persons to act as absentee voting officials under AS 15.20.010 - 15.20.220 in 22 areas where election supervisors do not have offices. Magistrates may, with the 23 approval of the administrative director of the Alaska Court System, be designated 24 under this section. At least 15 days before the election the director shall supply each 25 absentee voting official with appropriate ballots. 26 (b) The director may designate by regulation adopted under AS 44.62 27 (Administrative Procedure Act) locations at which early [ABSENTEE] voting stations 28 will be operated for persons who vote absentee ballots on or after the 15th day 29 before an election up to and including the date of the election. The director shall 30 supply these [ABSENTEE] voting stations with absentee ballots for all house districts 31 in the state and shall designate absentee voting officials to serve at the [ABSENTEE]
01 voting stations. A designation as an early voting station under this subsection 02 remains in effect unless 03 (1) the location is no longer available for use as an early voting 04 station; or 05 (2) the director determines that the location is no longer 06 appropriate for use as an early voting station and makes that determination 07 available to the public in writing. 08 (c) In a municipality in which the division will not be operating an early 09 [ABSENTEE] voting station under this section, the director may designate the 10 municipal clerk as an absentee voting official for the limited purpose of distributing 11 absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 12 representatives under AS 15.20.072. At least 15 days before the election, the director 13 shall supply municipal clerks designated under this subsection with absentee ballots. 14 * Sec. 20. AS 15.20.050 is amended to read: 15 Sec. 15.20.050. Requirement of full public notice. The director shall give full 16 public notice of the dates and manner of voting absentee and may select any means of 17 communication permitted to be used in giving notice of the date and time of the 18 general election. The director shall give notice under this section of the location of 19 early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 20 days before each election. 21 * Sec. 21. AS 15.20.061(a) is amended to read: 22 (a) A qualified voter may apply in person for an absentee ballot to the 23 following election officials at the times specified: 24 (1) to an absentee voting official on or after the 15th day before an 25 election up to and including the date of the election; 26 (2) to an election supervisor on or after the 15th day before an election 27 up to and including the date of the election; 28 (3) to an absentee voting official at an early [ABSENTEE] voting 29 station designated under AS 15.20.045(b) on or after the 15th day before an election 30 up to and including the date of the election; 31 (4) to an absentee voting official in the precinct in which no volunteers
01 can be located to serve on the election board on or after the 15th day before an election 02 up to and including election day. 03 * Sec. 22. AS 15.20.064 is amended by adding a new subsection to read: 04 (e) If a voter's eligibility to vote cannot be verified by the election supervisor 05 or other election official under (b) of this section, the voter shall vote an absentee 06 ballot in the manner provided in AS 15.20.061. 07 * Sec. 23. AS 15.20.072(b) is amended to read: 08 (b) The voter may, through a representative, request a special needs ballot 09 from the following election officials at the times specified: 10 (1) from an absentee voting official on or after the 15th day before an 11 election, up to and including election day; 12 (2) from an election supervisor on or after the 15th day before an 13 election up to and including election day; 14 (3) from an absentee voting official at an early [ABSENTEE] voting 15 station designated under AS 15.20.045(b) on or after the 15th day before an election 16 up to and including the date of the election; or 17 (4) from a member of the precinct election board on election day. 18 * Sec. 24. AS 15.20.081(b) is amended to read: 19 (b) An application requesting delivery of an absentee ballot to the applicant by 20 mail must be received by the division of elections not less than 10 days before the 21 election for which the absentee ballot is sought. An application for an absentee ballot 22 for a state election from a qualified voter requesting delivery of an absentee ballot to 23 the applicant by electronic transmission must be received by the division of elections 24 not later than 5:00 p.m. Alaska time on the day before the election for which the 25 absentee ballot is sought. An absentee ballot application submitted by mail under this 26 section must permit the person to register to vote under AS 15.07.070, to declare an 27 affiliation under AS 15.07.075, if any, and to request an absentee ballot for each state 28 election held within that calendar year for which the voter is eligible to vote. An 29 absentee ballot application submitted by electronic transmission under this section 30 shall [MAY NOT] include a provision that permits a person to register to vote under 31 AS 15.07.070.
01 * Sec. 25. AS 15.20.081 is amended by adding a new subsection to read: 02 (m) An absentee ballot application must include an option for a qualified voter 03 to choose to receive absentee ballots by mail for future regularly scheduled state 04 elections. The division may not require a voter who chooses this option to reapply for 05 an absentee ballot by mail unless 06 (1) the voter has not voted an absentee ballot for a period of four years; 07 or 08 (2) mail addressed to the voter from the division has been returned to 09 the division as undeliverable. 10 * Sec. 26. AS 15.25.060(b) is amended to read: 11 (b) A voter may vote only one primary election ballot. A voter may vote a 12 political party ballot only if the voter is registered as affiliated with that party, is 13 allowed to participate in the party primary under the party's bylaws, or is registered as 14 nonpartisan or undeclared rather than as affiliated with a particular political party and 15 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 16 the party's primary. For the purpose of determining which primary election ballot a 17 voter may use, a voter's party affiliation is considered to be the affiliation registered 18 with the director as of the 30th day before the primary election. If a voter changes 19 party affiliation within the 30 days before the primary election, the voter [VOTER'S 20 PREVIOUS PARTY AFFILIATION] shall vote an absentee in-person, special 21 needs, or questioned ballot at the primary election with the voter's new party 22 affiliation indicated on the voter's certificate that appears on the envelope used 23 for voting the ballot under AS 15.07.070(h). Nothing under this subsection 24 restricts the right of a political party to limit who may participate in its primary 25 election [BE USED FOR THE DETERMINATION UNDER THIS SUBSECTION]. 26 * Sec. 27. AS 15.80.010 is amended by adding a new paragraph to read: 27 (46) "electronic signature" has the meaning given in AS 09.80.190. 28 * Sec. 28. AS 29.20.380(c) is amended to read: 29 (c) The municipal clerk may act as an absentee voting official under 30 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 31 voters or qualified voters' representatives under AS 15.20.072 in a municipality in
01 which the division of elections will not be operating an early [ABSENTEE] voting 02 station under AS 15.20.045(b). 03 * Sec. 29. AS 29.26.050 is amended by adding a new subsection to read: 04 (d) Except as a municipality may require for elections held only in specific 05 local election districts or service areas under (b) of this section, a person who has lived 06 within the municipality for at least 30 days, but who has not registered to vote in state 07 elections at a residence address within the municipality at least 30 days before a 08 municipal election, shall vote an absentee, special needs, or questioned ballot in that 09 election. 10 * Sec. 30. AS 29.26.050(a)(3) is repealed. 11 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may 14 adopt or amend regulations as necessary to implement the changes made by this Act. The 15 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 16 effective date of the law implemented by the regulations. 17 * Sec. 32. This Act takes effect January 1, 2018.