HB 150: "An Act requiring state elections and local elections that the state is responsible for conducting to be conducted by mail; requiring certain vote-by-mail ballots and election materials to be provided in certain written languages other than English; establishing an online ballot tracking and registration verification system; establishing voting centers and ballot drop boxes; eliminating the use of polling places, absentee ballots, and questioned ballots in certain elections; and providing for an effective date."
00 HOUSE BILL NO. 150 01 "An Act requiring state elections and local elections that the state is responsible for 02 conducting to be conducted by mail; requiring certain vote-by-mail ballots and election 03 materials to be provided in certain written languages other than English; establishing an 04 online ballot tracking and registration verification system; establishing voting centers 05 and ballot drop boxes; eliminating the use of polling places, absentee ballots, and 06 questioned ballots in certain elections; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 15.07.060 is amended by adding a new subsection to read: 09 (g) The director shall provide every applicant for registration or reregistration 10 the opportunity to designate, from among the written languages in which the division 11 is required to print election materials under 52 U.S.C. 10503, as amended, in which 12 language the applicant prefers to receive ballots and other election materials printed 13 for an election held under AS 15.20.800 - 15.20.895. If an applicant requests that
01 ballots and election materials be printed in an applicable language, the director shall 02 provide the applicant ballots and election materials in the applicant's selected language 03 under AS 15.20.805. If an applicant requests ballots and election materials in a written 04 language in which the division is not required under 52 U.S.C. 10503, as amended, to 05 print ballots and election materials, the director shall notify the applicant that ballots 06 and election materials printed in that language are not available and allow the 07 applicant another opportunity to select a language under this subsection. An applicant 08 who does not indicate a language preference shall be provided ballots and election 09 materials printed in English. The division shall provide to an applicant who has made 10 a request under this subsection ballots and election materials in the applicant's selected 11 language until the earlier of the date that the 12 (1) applicant's voter registration is inactivated or cancelled; or 13 (2) division is no longer required under 52 U.S.C. 10503, as amended, 14 to print ballots and election materials in the requested language. 15 * Sec. 2. AS 15.20.800 is repealed and reenacted to read: 16 Sec. 15.20.800. Voting by mail. On and after August 16, 2022, the director 17 shall, consistent with AS 15.20.805 - 15.20.895, conduct by mail 18 (1) a state primary, general, special, or special runoff election to 19 (A) select, nominate, or elect a governor, a lieutenant governor, 20 an acting governor, a state senator, or a state representative; 21 (B) retain or reject a justice or judge seeking retention in office 22 under art. IV, Constitution of the State of Alaska, and AS 15.35; 23 (C) determine whether a constitutional convention shall be 24 called and to select, nominate, or elect delegates to a constitutional convention; 25 (D) approve or reject an initiative submitted under art. XI, 26 Constitution of the State of Alaska, and AS 15.45.010 - 15.45.245; 27 (E) approve or reject a referendum submitted under art. XI, 28 Constitution of the State of Alaska, and AS 15.45.250 - 15.45.465; 29 (F) recall an official identified in (A) of this paragraph when 30 authorized by art. XI, Constitution of the State of Alaska, and AS 15.45.470 - 31 15.45.720;
01 (G) approve or reject a proposed amendment to the 02 Constitution of the State of Alaska submitted under AS 15.50; 03 (H) ratify or reject a state general obligation bond under 04 AS 37.15; or 05 (I) administer an advisory vote when authorized by the 06 legislature by law; and 07 (2) other elections that the state is required by law to conduct, 08 including 09 (A) a special election authorized by AS 04.11.507(c) calling for 10 a local option, change in local option, or removal of local option unless the 11 petition of the residents of the established village asks that the provisions of 12 this section not apply to that special election; 13 (B) an election authorized by AS 14.08.071 unless the regional 14 educational attendance area board adopts a resolution for the purpose that is 15 approved by the voters and filed with the office of the director determining that 16 the provisions of this section do not apply; 17 (C) an election authorized by AS 29.05.110, whether conducted 18 separately or in combination with an election under AS 29.05.120, or an 19 election authorized by AS 29.06.140 or 29.06.510, unless the Local Boundary 20 Commission recommends to the director that the provisions of this section not 21 apply to the election; 22 (D) an election authorized 23 (i) by AS 30.13.010 to establish a regional resource 24 development authority or to elect the initial members of the board of 25 governors of the authority unless petitioners request that the provisions 26 of this section not apply; or 27 (ii) by AS 30.13.020 unless the board of governors of 28 the regional resource development authority adopts a resolution stating 29 that the provisions of this section do not apply and the resolution is 30 ratified by the voters of the development area and filed with the office 31 of the director.
01 * Sec. 3. AS 15.20 is amended by adding new sections to read: 02 Sec. 15.20.805. Procedures for conducting an election by mail. (a) For each 03 election held under AS 15.20.800 - 15.20.895, the director shall send an official ballot 04 to each person whose name appears on the official registration list prepared under 05 AS 15.07.125 for that election. Except as provided in (b) of this section, the director 06 shall send the ballot, along with a voter's certificate, secrecy sleeve, and return 07 identification envelope with postage prepaid by first class, nonforwardable mail, to the 08 address stated on the official registration list unless 09 (1) the voter has notified the director or a district election supervisor of 10 a different address to which the ballot should be sent; or 11 (2) a previous mailing to the address on the official registration list has 12 been returned to the division as undeliverable. 13 (b) The director shall prepare the voter's certificate, secrecy sleeve, return 14 identification envelope, and other material used in an election held under 15 AS 15.20.800 - 15.20.895. The voter's certificate must include a space for a voter to 16 declare, when required, that the voter is a qualified voter, and a space for the voter's 17 signature. The voter's certificate must include a notice that a false statement made by 18 the voter on the certificate is punishable by law. If the division uses ballot counting 19 technology that preserves the confidentiality of a voter's information and ballot 20 choices, the director may mail to a voter a ballot without including a secrecy sleeve. 21 (c) The director shall send ballots under this section not later than 29 days 22 preceding the date of the election. However, the director shall send a special advance 23 ballot prepared under (d) of this section to a person not later than 45 days preceding 24 the date of the election if the person 25 (1) is an absent uniformed services voter or is an overseas voter 26 qualified under AS 15.05.011; or 27 (2) notified the director in writing at least 60 days before the election 28 that the voter expects to be living, working, or traveling outside the United States at 29 the time of the election or expects to be living, working, or traveling in a remote area 30 of the state where distance, terrain, or other natural conditions deny the voter 31 reasonable access to a polling place at the time of the election.
01 (d) The director shall prepare special advance ballots for use under (c) of this 02 section in a state primary, general, special, or special runoff election. A ballot prepared 03 for use under this subsection must contain each judicial retention election and ballot 04 proposition or question scheduled to appear on the particular ballot. The director shall 05 list on the ballot the different races to be voted on at the particular election on a 06 statewide basis. If the names of the candidates in a general, special, or special runoff 07 election are not certified before the ballot must be prepared, the director shall prepare 08 a ballot without the names of the candidates that permits a voter to vote for all the 09 candidates of a particular political party that expects to have candidates appearing on 10 the ballot and provide on the ballot party boxes and a blank line for each office to be 11 voted on in that election. The director shall also provide the voter with the names of 12 each candidate appearing on the primary election ballot and the names of any 13 candidates who have qualified by petition to appear on the general election ballot. The 14 voter may vote for a candidate for that office by writing in the name of a person and 15 filling in the oval to the right of that name, or the voter may mark one of the party 16 boxes. If the voter puts a mark in a party box for that office, the director shall count 17 the mark as a vote cast for the candidate for that office nominated by that political 18 party. 19 (e) A return identification envelope for an absent uniformed services voter or 20 an overseas voter must allow the voter to return the ballot free of postage if required 21 under 39 U.S.C. 3406. 22 (f) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 23 election, requests in writing by other means designated in regulations adopted by the 24 director, to receive a ballot in a language other than English in which the division is 25 required to print election materials under 52 U.S.C. 10503, as amended, the director 26 shall provide the voter with a ballot and election materials under this section in the 27 language requested. 28 Sec. 15.20.810. Completion and return of ballot. (a) Upon receiving an 29 official ballot, a voter shall mark the ballot, sign the voter's certificate printed on the 30 return identification envelope supplied with the ballot, place the ballot in the secrecy 31 sleeve, insert both into the return identification envelope, complying with the
01 instructions provided with the ballot, and return the ballot to the district election 02 supervisor for the voter's precinct by mail, or by depositing the ballot at a voting 03 center established under AS 15.20.830 or ballot drop box designated by the director 04 under AS 15.20.835. 05 (b) A ballot may not be mailed or deposited at a voting center or ballot drop 06 box by an intermediary who is paid by or who volunteers for a political party, political 07 group, or business or organization to provide that service. However, nothing in this 08 subsection prohibits a voter from giving a completed ballot to a friend, relative, or 09 associate to mail by way of the United States Postal Service or for deposit at a voting 10 center or ballot drop box. 11 Sec. 15.20.812. Ballot tracking and registration verification system. (a) The 12 director shall establish a free online system, available through the division's Internet 13 website, through which an election official or a voter may track and confirm the 14 division's receipt of an election ballot. 15 (b) The online system established under (a) of this section must also allow a 16 voter to see whether the voter's ballot was counted and, if not, the reason the ballot 17 was not counted. The director shall make the information required by this subsection 18 available through the online system within 19 (1) 10 days after the date the results of a primary election or special 20 election under AS 15.40.140 are certified, when the election is followed by a special 21 runoff election; and 22 (2) 30 days after the date the results of a general or special election are 23 certified, other than a special election described in (1) of this subsection. 24 (c) The online system established under (a) of this section must allow an 25 election official access to the names and political affiliations of all persons 26 (1) named on the master register, including those persons whose voter 27 registrations are inactive under AS 15.07.130(b); and 28 (2) whose names must be placed on the list under AS 15.07.070(c) or 29 (d). 30 Sec. 15.20.815. Replacement ballots. (a) A voter may obtain an official 31 replacement ballot if a ballot is destroyed, spoiled, or lost, or if, for any other reason,
01 the ballot has not been received or cannot be used by the voter. 02 (b) To vote a replacement ballot, the voter shall complete and sign a 03 replacement ballot request on a form prescribed for that purpose by the division. The 04 form must allow a voter to request any ballot the voter is eligible to vote under 05 AS 15.20.843. A request for a replacement ballot may be made electronically, by 06 telephone, in writing, in person, at a voting center established under AS 15.20.830, or 07 by other means designated in regulations adopted by the director. 08 (c) Upon receiving a replacement ballot request, the director or, when 09 applicable, the district election supervisor, shall 10 (1) verify the voter's registration and ensure that another ballot has not 11 been returned by the voter; 12 (2) indicate on the ballot's return identification envelope that the 13 envelope contains a replacement ballot; 14 (3) issue the replacement ballot in person at a voting center established 15 under AS 15.20.830, by mail, or by other means; and 16 (4) take reasonable measures to ensure that a voter requesting a 17 replacement ballot is not able to vote more than once. 18 (d) Upon receiving a voted replacement ballot, the district election supervisor 19 shall verify that a completed and signed replacement ballot request form has been 20 received by the director or is included with the voted replacement ballot. If a request 21 form has been completed and signed by the voter and received by the director or 22 district election supervisor, the district election supervisor shall process the 23 replacement ballot. 24 (e) The director or the district election supervisor, as applicable, may delegate 25 a duty assigned in this section to an election official in the district. 26 Sec. 15.20.820. Time of district ballot counting review. (a) Not less than 10 27 days before the date of the election, the district election supervisor, in the presence and 28 with the assistance of the district ballot counting board, shall review all voter 29 certificates received by that date. The review of certificates shall continue at times 30 designated by the district election supervisor until completed. A ballot may not be 31 counted until the accompanying voter certificate has been reviewed.
01 (b) Counting of ballots shall begin 10 days before the date of the election at 02 places designated by each district election supervisor and shall continue until all 03 ballots have been counted. The counting teams shall report the count of ballots to the 04 district election board. 05 (c) Not later than the 15th day after the date of the election, the district ballot 06 counting board shall certify the ballot count. 07 (d) A ballot received in the office of a district election supervisor after the 08 completion of the district ballot counting review shall be forwarded immediately to the 09 director by the most expeditious service. 10 Sec. 15.20.823. Procedure for district counting review. (a) The district ballot 11 counting board established under AS 15.20.845(c) shall examine each return 12 identification envelope for a ballot cast by mail, at a voting center, or deposited at a 13 ballot drop box and shall determine whether the voter is qualified to vote at the 14 election and whether the ballot has been properly cast. 15 (b) A ballot may be counted only if 16 (1) the voter has properly executed the voter's certificate; 17 (2) the voter's signature on the return identification envelope matches 18 the signature in that voter's registration record; 19 (3) the ballot, 20 (A) if postmarked, is postmarked on or before the date of the 21 election and received by the district election supervisor not later than the 22 seventh day after the election; 23 (B) if cast at a voting center or deposited at a ballot drop box, 24 was cast or deposited before the time the voting center or deposit box was 25 closed on election day; 26 (4) for a voter who voted 27 (A) in person at a voting center and is a 28 (i) first-time voter who initially registered to vote by 29 mail or by facsimile or other electronic transmission approved by the 30 director under AS 15.07.050, the voter has provided the identification 31 required by AS 15.15.225(a), was eligible for waiver of the
01 identification requirement under AS 15.15.225(b), or has provided the 02 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 03 through state agency records described in AS 15.07.055(e); or 04 (ii) voter other than one described in (i) of this 05 subparagraph, the voter has provided identification described in 06 AS 15.15.225(a), was personally known by the election official, or has 07 provided the identifiers required in AS 15.07.060(a)(2) and (3); or 08 (B) by mail and is a first-time voter who initially registered to 09 vote by mail or by facsimile or other electronic transmission approved by the 10 director under AS 15.07.050, the voter has met the identification requirements 11 set out in AS 15.07.060 or has submitted with the ballot a copy of a 12 (i) driver's license, state identification card, current and 13 valid photo identification, birth certificate, passport, or hunting or 14 fishing license; or 15 (ii) current utility bill, bank statement, paycheck, 16 government check, or other government document; an item described 17 in this sub-subparagraph must show the name and current address of 18 the voter. 19 (c) The district election supervisor shall verify a voter's signature on the return 20 identification envelope with the signature on that voter's registration record under 21 (b)(2) of this section according to a procedure provided in regulations adopted by the 22 director. 23 (d) Any person present at the district ballot counting review may challenge the 24 name of a voter when read from the voter's certificate on the return identification 25 envelope if the person has good reason to suspect that the challenged voter is not 26 qualified to vote, is disqualified, or has voted at the same election. The person making 27 the challenge shall specify the basis of the challenge in writing. The district ballot 28 counting board by majority vote may refuse to accept and count the ballot of a person 29 properly challenged on grounds listed in (b) of this section. 30 (e) The district election supervisor shall place all rejected ballots in a separate 31 envelope with the statements of challenge. The envelope shall be labeled "rejected
01 ballots" and shall be forwarded to the director with the election certificates and other 02 returns. 03 (f) If a ballot is accepted, the return identification envelope shall be opened 04 and the secrecy sleeve, unless omitted under AS 15.20.805(b), containing the ballot 05 shall be placed in a container and mixed with other secrecy sleeves. 06 (g) The secrecy sleeves shall be drawn from the container, the ballots shall be 07 removed from the secrecy sleeves, unless omitted under AS 15.20.805(b), and the 08 ballots counted at the times specified in AS 15.20.820 and according to the rules for 09 determining properly marked ballots in AS 15.15.360. 10 (h) Upon completion of the ballot review, the district election supervisor shall 11 prepare an election certificate for execution by the district ballot counting board and 12 shall forward the original certificate and other returns to the director not later than the 13 16th day following the election. 14 (i) The director shall prepare and mail to each voter whose ballot was rejected 15 under this section a summary of the reason that the challenge to the ballot was upheld 16 and the ballot was rejected. 17 (j) The director shall mail the materials described in (i) 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 that is 21 followed by a special runoff election; 22 (2) 60 days after certification of the results of a general election, 23 special runoff election, or special election other than a special election described in (1) 24 of this subsection. 25 Sec. 15.20.825. Counting of votes cast by former residents of a district and 26 of ballots deposited outside of voters' election districts. (a) A person who meets all 27 voter qualifications except the requirement in AS 15.05.010(3) is qualified to vote a 28 ballot in the house district in which the person formerly resided if the person lived in 29 that house district for at least 30 days immediately before changing residence, except 30 that the person may vote only for 31 (1) statewide ballot measures and questions;
01 (2) candidates for federal or statewide offices; 02 (3) candidates for the state senate if the voter's former residence and 03 present residence are in the same senate district; and 04 (4) candidates for judicial retention if the voter's former residence and 05 present residence are in the same judicial district. 06 (b) The director shall adopt regulations relating to the casting of a ballot at a 07 voting center or ballot drop box by a voter who is registered to vote in the state but not 08 in the election district for which the vote was cast. The regulations must require that 09 the voter's ballot be forwarded to the district election board in the district in which the 10 voter is registered to vote before the completion of the district ballot count. 11 Sec. 15.20.830. Voting centers. (a) For the 10 days immediately preceding an 12 election under AS 15.20.800 - 15.20.895 and on election day, a qualified voter may 13 cast a completed ballot or replacement ballot at a voting center designated by the 14 director under this section. The director shall provide as many voting centers in each 15 house district as the director considers necessary to ensure that each voter in the 16 district may effectively cast or deposit a completed ballot, receive assistance under 17 AS 15.15.240, and, if necessary, obtain a replacement ballot under AS 15.20.815. 18 (b) In establishing a voting center, the director shall prioritize the convenience 19 of the location for voters. In selecting a voting center location, the director shall 20 consider 21 (1) the proximity of a location to public transportation and availability 22 of public parking near the location; 23 (2) geographic and climatic factors that may affect a voter's access to 24 the location; 25 (3) the characteristics of the house district and the distribution and 26 densities of its population; 27 (4) the accessibility of the location to voters with disabilities; 28 (5) whether the location has historically served a significant number of 29 voters as a polling place; 30 (6) whether the location is a public building that is known to voters 31 and whether the use of the building will result in cost savings in comparison to other
01 possible locations; and 02 (7) whether effective methods and standards to ensure the security of 03 voting can be implemented at the location. 04 (c) The director shall ensure that at each voting center a qualified voter may 05 (1) deposit a completed ballot for collection; 06 (2) change the voter's residence address or voter registration; 07 (3) cast a replacement ballot; 08 (4) at a primary election, cast a political party ballot for a party that the 09 voter is not affiliated with if the bylaws of the party do not restrict a voter's 10 participation in the party's primary election; and 11 (5) receive voting assistance under AS 15.15.240. 12 (d) Except as provided in (e) of this section, a voting center must be equipped 13 to allow an election official secure electronic access to the online ballot tracking and 14 registration verification system established under AS 15.20.812. 15 (e) If the director finds that secure electronic access to the information 16 available under AS 15.20.812 is not practicable from a voting center, the division shall 17 adopt a procedure to allow access to the information by election officials from the 18 voting center by way of telephone or other means. 19 (f) A voting center and its facilities and voting equipment must comply with 20 the requirements of 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 21 1990), as amended. 22 (g) If a qualified voter requests a replacement ballot at a voting center under 23 AS 15.20.815, the district election supervisor or election official shall verify under 24 AS 15.20.812(a), or as provided in (e) of this section, that the division has not already 25 received a ballot for the election from the voter. If the district election supervisor or 26 election official is unable to determine whether the voter has already cast a ballot for 27 the election, the district election supervisor or election official shall provide the voter 28 with a replacement ballot. A replacement ballot shall also be provided to a person who 29 claims to be a registered voter, but for whom no evidence of registration can be found. 30 The director or the director's representative shall determine whether the voter is 31 registered in the district before counting the ballot.
01 (h) The director shall provide materials, forms, and supplies for each voting 02 center, including information regarding the date of the election and hours the voting 03 center will be open, instructions on how to obtain a replacement ballot, instructions for 04 first-time voters who initially registered by mail, general information on voting rights, 05 prohibitions on acts of fraud and misrepresentation, and whom to contact to report 06 violations. 07 (i) On the day of an election, each district election board shall open the voting 08 center for which the board is responsible at 7:00 a.m., close the voting center at 8:00 09 p.m., and keep the voting center open during the time between those hours. The 10 district election board members shall report to the voting center at 6:30 a.m. on an 11 election day. For the 10 days preceding the date of the election, excluding Sundays, a 12 district election board shall open the voting center for which the board is responsible 13 at 9:00 a.m., close the voting center at 7:00 p.m., and keep the voting center open 14 during the time between those hours. On the 10 days preceding the date of an election, 15 the district election board members shall report to the voting center at 8:30 a.m. 16 (j) At each voting center, the division shall provide language assistance as 17 required under 52 U.S.C. 10503, as amended, in a manner that enables voters to 18 participate effectively in the electoral process. The district election supervisor shall 19 post at each voting center information regarding the availability of language assistance 20 in English and all other languages for which language assistance is required to be 21 provided in the jurisdiction under federal law. 22 (k) Before the initial opening of the voting center under (i) of this section, the 23 district election supervisor shall inspect the voting equipment to determine whether the 24 equipment has been properly prepared for voting. 25 (l) The director shall designate locations for voting centers established under 26 this section by June 1 of an election year. 27 Sec. 15.20.835. Drop boxes for vote-by-mail ballots. (a) The director shall 28 adopt regulations for the designation and location of ballot drop boxes. The 29 regulations must specify the dates and times the drop boxes will be open, where the 30 drop boxes will be located, and the security requirements for the drop boxes. At a 31 minimum, the regulations must require that at least one drop box be located at each
01 voting center established under AS 15.20.830 and that a drop box be open on the date 02 of the election for a period of eight or more hours and stay open until 8:00 p.m. A 03 district election supervisor shall prominently display a sign at each drop box location 04 established under this subsection identifying the location as an official ballot drop box 05 site. 06 (b) The district election supervisor shall ensure that ballots are removed from 07 a ballot drop box frequently enough to allow additional ballots to be deposited 08 securely. A team of at least two election officials shall remove ballots from a ballot 09 drop box. A record must be kept of the date and time of each removal of ballots, the 10 number of ballots removed from the drop box, and the names of the election officials 11 who removed the ballots. The election officials responsible for removing ballots from 12 a drop box shall place the ballots in a secured transport container along with a copy of 13 the record kept under this subsection and deliver the ballots to the counting center, 14 where another election official shall verify the record. All ballot drop boxes must be 15 secured at 8:00 p.m. on the day of the election. 16 (c) The director shall designate ballot drop box locations established under 17 this section by June 1 of an election year. 18 Sec. 15.20.840. Special provisions applicable to voter qualification and 19 registration. (a) Notwithstanding AS 15.05.011(a), a person residing outside the 20 United States who is qualified under AS 15.05.011 may register and vote by mail. 21 (b) For an election described in AS 15.05.014, 22 (1) notwithstanding AS 15.05.014(1), registration and voting 23 procedures, except as otherwise provided in this section, must be identical to 24 procedures established in this title; and 25 (2) the provisions of AS 15.05.014(2) and (3) apply to the elections 26 described in this subsection except that the authorization in AS 15.05.014(3) to vote 27 by absentee ballot does not apply. 28 (c) In an election to be conducted under AS 15.20.800 - 15.20.895, an election 29 official appointed under AS 15.10 may serve as a registration official for purposes of 30 AS 15.07. 31 (d) Notwithstanding AS 15.07.030(b), a person qualified under AS 15.05.011
01 to vote in a federal election is entitled to be registered as a voter in the house district in 02 which the person resided immediately before departure from the United States. 03 (e) For purposes of complying with AS 15.07.064, notwithstanding 04 AS 15.07.064(e)(1), the director may consider an application for registration within a 05 municipality or established village to comply with law based on other information 06 contained in the application, including evidence that the application was made in 07 person before a voting registrar or election official or other voting official appointed to 08 serve in the municipality or established village, if the application complies with 09 AS 15.07.064(e)(2) and (3). 10 (f) For purposes of AS 15.07.130(b) and (d), a voter "appears to vote" if a 11 voter who has not received a ballot by mail makes a timely request to the division for a 12 ballot. 13 (g) In addition to disclosure under AS 15.07.195(b)(1), a voter's residential 14 address may be disclosed to a watcher appointed under AS 15.20.850 and, in the case 15 of a watcher appointed by an organization or group sponsoring or opposing an 16 initiative, referendum, or recall group, authorized by the director. 17 Sec. 15.20.843. Preparation of ballots for primary election; appropriate 18 ballot. (a) Except in the case of a ballot on which blank lines are allowed as described 19 in AS 15.20.805(d), the director shall prepare primary election ballots for use under 20 AS 15.20.800 - 15.20.895 in the same manner as provided in AS 15.25.060(a). Except 21 as provided in (b) - (d) of this section, in mailing primary election ballots, the director 22 shall provide a voter with the primary election ballot for the political party or group 23 with which the voter is affiliated. For the purpose of determining which primary 24 election ballot to mail to a voter, the director shall consider a voter's party affiliation to 25 be the affiliation registered with the director on the 30th day before the primary 26 election. If a voter changes party affiliation within 30 days before the primary election, 27 the voter's previous party affiliation shall be used in making the determination under 28 this subsection. 29 (b) The director or district election supervisor shall provide a voter who is 30 registered as affiliated with a political party with a primary election ballot for a 31 different political party, on request, if
01 (1) the bylaws of that political party allow a voter registered as 02 affiliated with another political party to participate in that party's primary; and 03 (2) the request is made not later than 45 days before a ballot is mailed 04 to the voter under AS 15.20.805 or in a request for a replacement ballot under 05 AS 15.20.815. 06 (c) The director or a district election supervisor shall provide a voter who is 07 registered as nonpartisan or undeclared with a primary election ballot for a political 08 party if 09 (1) the bylaws of that political party do not restrict participation by 10 nonpartisan or undeclared voters in that party's primary; and 11 (2) the request is made not later than 45 days before a ballot is mailed 12 to the voter under AS 15.20.805 or when requesting a replacement ballot under 13 AS 15.20.815. 14 (d) Unless a voter registered as nonpartisan or undeclared requests a ballot for 15 a political party under (c) of this section, the director shall prepare, print, and mail the 16 voter a primary election ballot that includes only the ballot titles and propositions 17 required to appear on the ballot. 18 Sec. 15.20.845. Vote-by-mail election administration. (a) An election 19 supervisor shall appoint a district election board composed of at least three qualified 20 voters registered to vote in that district. The district election board shall supervise the 21 election in the district. If the election supervisor is unable to locate three qualified 22 individuals registered to vote in the district who are willing and able to serve on the 23 district election board, the election supervisor may appoint any qualified individual 24 registered to vote in this state. In addition to the three qualified voters registered to 25 vote in the district or state, an election supervisor may also appoint not more than two 26 members of the youth vote ambassador program, as provided in (d) of this section, to 27 serve on a district election board. The provisions of AS 15.10.120(b), (c), and (e) 28 apply to nominations and appointments under this subsection. The election supervisor 29 shall appoint a chair for the district election board. The decision of the majority of 30 district election board members determines the action that the district election board 31 shall take regarding any question that arises during the course of the election.
01 (b) Before assuming the duties of office, each election official shall take an 02 oath to honestly, faithfully, and promptly perform the duties of office. Any appointed 03 election official, including an appointed election official who has not personally 04 subscribed to the oath, may administer the oath to another election official. The chair 05 of the district election board appointed under (a) of this section shall rotate the time at 06 which election officials serving at a voting center may be relieved for meals. 07 (c) Thirty days before the date of an election, an election supervisor shall 08 appoint, in the same manner provided for the appointment of election officials 09 prescribed in AS 15.10, district ballot counting boards, each composed of at least four 10 members. At least one member of each board must be a member of the same political 11 party of which the governor is a member, and at least one member of each board must 12 be a member of the political party whose candidate for governor received the second 13 largest number of votes in the preceding gubernatorial election. The district election 14 board shall assist the election supervisor in counting the ballots cast under 15 AS 15.20.800 - 15.20.895 and a member of the district election board shall receive the 16 same compensation as an election board member under AS 15.15.380. 17 (d) An election supervisor may appoint a member of the youth vote 18 ambassador program established under AS 15.10.108 to serve on a district election 19 board appointed under (a) of this section. A program member who is appointed to 20 serve on a district election board under this subsection serves under the supervision of 21 the chair of that board. 22 (e) Notwithstanding the requirements of AS 15.15.070(b), (c), and (h), in 23 implementing the notice requirements of AS 15.15.070(a), the director shall 24 (1) give notice by publication at least twice in one or more newspapers 25 of general circulation in each of the four judicial districts; the printed notice must 26 include the date of election, notification that the election will be conducted by mail, 27 the dates and times voting centers will be open before the date of the election and on 28 election day, the locations of voting centers and ballot drop boxes, the offices to which 29 candidates are to be nominated or elected, and the subject of each proposition or 30 question to be voted on; 31 (2) post notices in communities that do not have newspapers of general
01 circulation where posting of notice is considered necessary by the director; the posted 02 notice must include the date of election, notification that the election will be 03 conducted by mail, the dates and times voting centers will be open before the date of 04 the election and on election day, the locations of voting centers and ballot drop boxes, 05 the offices to which candidates are to be nominated or elected, the subject of the 06 propositions and questions to be voted on, and other information considered necessary 07 by the director; and 08 (3) arrange for an abbreviated form of the notice published under (1) of 09 this subsection to be broadcast on one or more radio or television stations in each of 10 the four judicial districts; the broadcast notice must include, at a minimum, the date of 11 the election, notification that the election will be conducted by mail, the dates and 12 times voting centers will be open before the date of the election and on election day, 13 the locations of voting centers and ballot drop boxes, and the address and telephone 14 number of the election supervisor for the election district in which the notice is 15 broadcast. 16 (f) Notwithstanding AS 15.15.380, the director shall pay each member of a 17 district election board for time spent performing election duties, including the 18 receiving of instructions. The chair of an election board and the chair and members of 19 the state ballot counting review board shall be paid for time spent performing election 20 duties. The director shall set the compensation to be paid under this section by 21 regulation. 22 (g) In carrying out the duty under AS 15.15.420 to review the counting of 23 ballots, 24 (1) the director shall conduct only 25 (A) a review of the tallies and ballots cast; and 26 (B) a hand count of ballots from one randomly selected election 27 district; this subparagraph does not apply if the ballot for the election district 28 contains only uncontested offices; 29 (2) if, following the ballot review set out in (1) of this subsection, the 30 director finds a discrepancy of more than one percent between the results of the hand 31 count under (1)(B) of this subsection and the count certified by the district election
01 board, the director shall conduct a hand recount of all ballots from that district; 02 (3) if the director finds an unexplained discrepancy in the ballot count 03 within a district, the director may conduct a hand count of all ballots from that district; 04 and 05 (4) the director shall certify in writing to the state ballot counting 06 review board and publish on the division's Internet website any changes resulting from 07 a count performed under (2) or (3) of this subsection. 08 (h) The state ballot counting review shall begin as soon as practicable after the 09 election is completed and not later than 15 days after the date of the election and shall 10 continue until completed. The director may designate the hours each day during which 11 the state ballot counting review board may conduct its ballot counting review. 12 (i) The director shall comply with AS 15.15.470 except that the director's 13 obligation under that section to preserve records applies to tallies and registers without 14 regard to precinct election certificates. 15 Sec. 15.20.850. Party and candidate representatives. A state party chair may 16 appoint one or more persons as watchers at each voting center established under 17 AS 15.20.830 and each counting center for an election held under AS 15.20.800 - 18 15.20.895. A candidate not representing a political party may appoint one or more 19 watchers for each voting center and counting center in the candidate's district or the 20 state for any election. An organization or organized group that sponsors or opposes an 21 initiative, referendum, or recall may appoint one or more watchers for each voting 22 center and counting center after first obtaining authorization from the director. A state 23 party or a candidate not representing a political party or organization or organized 24 group may not have more than one watcher on duty at a time in a voting center or 25 counting center. A watcher must be a United States citizen. A watcher at a counting 26 center may be present at a position that affords a full view of all action of the election 27 officials taken until the ballots are finally counted and the results certified by the 28 district election board or the data processing review board. The district election board 29 or the data processing review board may require a watcher at a counting center to 30 present written proof showing appointment by the party district committee, the 31 organization or organized group, or the candidate the watcher represents that is signed
01 by the chair of the party district committee, the state party chair, the organization or 02 organized group, or the candidate. 03 Sec. 15.20.855. Election recounts. (a) The director and appointed party 04 representatives shall complete a review of ballots cast. The review of the ballot counts 05 certified by the district ballot counting boards shall be accomplished by reviewing the 06 tallies of the recorded vote to check for mathematical error and by comparing the 07 totals with the election certificate of results. 08 (b) A defeated candidate or 10 qualified voters who believe there has been a 09 mistake made by an election official or by the district ballot counting board in 10 counting the votes in an election may apply to the director within five days after the 11 completion of the state review under (a) of this section for a recount of the votes from 12 a house district or for a particular office, proposition, or question. However, an 13 application for a recount of votes cast for the offices of governor and lieutenant 14 governor must be filed within three days after completion of the state review following 15 the general election. As provided in AS 15.15.460, if there is a tie vote, the director 16 shall initiate the recount and give notice to the interested parties as provided in 17 AS 15.20.470. An application made under this subsection is subject to the 18 requirements of AS 15.20.430(b). 19 (c) An application filed under (b) of this section must state the basis of the 20 belief that a mistake has been made, the district for which the recount is to be held, or 21 the particular office, proposition, or question for which the recount is to be held. The 22 application must designate two persons to represent the applicant and assist at the 23 recount. Any person may be named representative, including the candidate or a person 24 signing the application. An application filed by 10 qualified voters must also include 25 the designation of one of the 10 voters as chair. The application must include the full 26 name and mailing address of each applicant. A recount initiated under this subsection 27 is subject to the requirements of AS 15.20.440(b). 28 (d) An application under this section must include a deposit in cash, by 29 certified check, or by bond with a surety approved by the director, as provided in 30 AS 15.20.450. 31 (e) In conducting a recount requested under this section, the director shall
01 review all ballots to determine which ballots, or parts of ballots, were properly marked 02 and which ballots are to be counted in the recount and shall check the accuracy of the 03 original count and the review. For administrative purposes, the director may join and 04 include two or more applications in a single review and count of votes. The rules in 05 AS 15.15.360 governing the counting of ballots shall be followed in the recount when 06 a ballot is challenged based on a question regarding the voter's intent to vote for the 07 candidate, proposition, or question. The ballots and other election material must 08 remain in the custody of the director during the recount, and the highest degree of care 09 shall be exercised to protect the ballots against alteration or mutilation. The recount 10 shall be completed within 10 days. The director may employ additional personnel as 11 needed to assist in the recount. 12 Sec. 15.20.890. Provisions of title not applicable to voting by mail. 13 AS 15.07.010, 15.07.070(h), and 15.07.081; AS 15.10.108(c), 15.10.120(a), 14 15.10.120(d), and 15.10.125 - 15.10.170; AS 15.15.030(13), 15.15.032, 15.15.040(c), 15 15.15.050, 15.15.060, 15.15.080 - 15.15.210, 15.15.225(c), 15.15.230, 15.15.330 - 16 15.15.350, 15.15.370, 15.15.390, 15.15.430, and 15.15.440; AS 15.20.010 - 17 15.20.225, 15.20.430(a), 15.20.440(a), and 15.20.480; and AS 15.45.670 and 18 AS 15.56.035(a)(1) do not apply in an election conducted under AS 15.20.800 - 19 15.20.895. 20 Sec. 15.20.895. Definition of "voter" in AS 15.20.800 - 15.20.895. In 21 AS 15.20.800 - 15.20.895, notwithstanding AS 15.80.010, "voter" means a person 22 whose name appears on the official registration list prepared under AS 15.07.125 for 23 an election subject to the requirements of AS 15.20.800 - 15.20.895. 24 * Sec. 4. AS 15.45.680 is amended to read: 25 Sec. 15.45.680. Statement of official subject to recall; display of grounds 26 for and against recall. The director shall provide each election board in the state or in 27 the senate or house district of the person subject to recall with at least five copies of 28 the statement of the grounds for recall included in the application and at least five 29 copies of the statement of not more than 200 words made by the official subject to 30 recall in justification of the official's conduct in office. The person subject to recall 31 may provide the director with the statement within 10 days after the date the director
01 gave notification that the petition was properly filed. The election board shall post at 02 least one copy of the statements for and against recall in a conspicuous place in a 03 location where the election is held [THE POLLING PLACE]. 04 * Sec. 5. AS 15.80.010(1) is amended to read: 05 (1) "absent uniformed services voter" has the meaning given in 52 06 U.S.C. 20310 [42 U.S.C. 1973ff-6]; 07 * Sec. 6. This Act takes effect January 1, 2020.