SB 199: "An Act relating to elections for state legislative office; and providing for an effective date."
00 SENATE BILL NO. 199 01 "An Act relating to elections for state legislative office; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13.110(f) is amended to read: 05 (f) During the year in which the election is scheduled, each of the following 06 shall file the campaign disclosure reports in the manner and at the times required by 07 this section: 08 (1) a person who, under the regulations adopted by the commission to 09 implement AS 15.13.100, indicates an intention to become a candidate for elective 10 state executive or legislative office; 11 (2) a person who has filed a nominating petition under AS 15.25.140 - 12 15.25.200 to become a candidate at the general election for elective state executive 13 [OR LEGISLATIVE] office; 14 (3) a person who campaigns as a write-in candidate for elective state
01 executive or legislative office at the general election; and 02 (4) a group or nongroup entity that receives contributions or makes 03 expenditures on behalf of or in opposition to a person described in (1) - (3) of this 04 subsection, except as provided for certain independent expenditures by nongroup 05 entities in AS 15.13.135(a). 06 * Sec. 2. AS 15.15.030(5) is amended to read: 07 (5) The names of the candidates [AND THEIR PARTY 08 DESIGNATIONS] shall be placed in separate sections on the state general election 09 ballot under the office designation to which they were nominated. The party 10 affiliation, if any, shall be designated after the name of a [THE] candidate for elective 11 state executive or national legislative office. The lieutenant governor and the 12 governor shall be included under the same section. Provision shall be made for voting 13 for write-in [AND NO-PARTY] candidates within each section and for no-party 14 candidates within sections for elective state executive and national legislative 15 offices. [PAPER BALLOTS FOR THE STATE GENERAL ELECTION SHALL BE 16 PRINTED ON WHITE PAPER.] 17 * Sec. 3. AS 15.15.030 is amended by adding a new paragraph to read: 18 (14) Paper ballots for the state general election shall be printed on 19 white paper. 20 * Sec. 4. AS 15.25.010 is amended by adding a new subsection to read: 21 (c) The director shall prepare and provide a nonpartisan primary election 22 ballot. A voter may, regardless of party affiliation, vote a nonpartisan primary election 23 ballot. 24 * Sec. 5. AS 15.25.014(a) is amended to read: 25 (a) Not later than 5:00 p.m., Alaska time, on September 1 of the calendar year 26 before the calendar year in which a primary election is to be held, a political party 27 shall submit a notice in writing to the director stating whether the party bylaws expand 28 or limit who may participate in the primary election for selection of the party's 29 candidates for elective state executive [AND STATE] and national legislative offices. 30 A copy of the party's bylaws expanding or limiting who may participate in the primary 31 election for selection of the party's candidates, documentation required under (b) of
01 this section, and other information required by the director [,] must be submitted along 02 with the notice. The notice, bylaws, documentation, and other information required by 03 the director shall be provided by the party's chairperson or another party official 04 designated by the party's bylaws. 05 * Sec. 6. AS 15.25.030(a) is amended to read: 06 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 07 candidate [OF THE PARTY] in the primary election shall execute and file a 08 declaration of candidacy. The declaration shall be executed under oath before an 09 officer authorized to take acknowledgments and must state in substance 10 (1) the full name of the candidate; 11 (2) the full mailing address of the candidate; 12 (3) if the candidacy is for the office of state senator or state 13 representative, the house or senate district of which the candidate is a resident; 14 (4) the office for which the candidate seeks nomination; 15 (5) if the candidacy is for state executive or national legislative 16 office, the name of the political party of which the person is a candidate for 17 nomination; 18 (6) the full residence address of the candidate, and the date on which 19 residency at that address began; 20 (7) the date of the primary election at which the candidate seeks 21 nomination; 22 (8) the length of residency in the state and in the district of the 23 candidate; 24 (9) that the candidate will meet the specific citizenship requirements of 25 the office for which the person is a candidate; 26 (10) that the candidate is a qualified voter as required by law; 27 (11) that the candidate will meet the specific age requirements of the 28 office for which the person is a candidate; if the candidacy is for the office of state 29 representative, that the candidate will be at least 21 years of age on the first scheduled 30 day of the first regular session of the legislature convened after the election; if the 31 candidacy is for the office of state senator, that the candidate will be at least 25 years
01 of age on the first scheduled day of the first regular session of the legislature convened 02 after the election; if the candidacy is for the office of governor or lieutenant governor, 03 that the candidate will be at least 30 years of age on the first Monday in December 04 following election or, if the office is to be filled by special election under 05 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 06 date of certification of the results of the special election; or, for any other office, by 07 the time that the candidate, if elected, is sworn into office; 08 (12) that the candidate requests that the candidate's name be placed on 09 the primary election ballot; 10 (13) that the required fee accompanies the declaration; 11 (14) that the person is not a candidate for any other office to be voted 12 on at the primary or general election and that the person is not a candidate for this 13 office under any other declaration of candidacy or nominating petition; 14 (15) the manner in which the candidate wishes the candidate's name to 15 appear on the ballot; and 16 (16) if the candidacy is for state executive or national legislative 17 office, that the candidate is registered to vote as a member of the political party whose 18 nomination is being sought. 19 * Sec. 7. AS 15.25.056 is amended to read: 20 Sec. 15.25.056. Nomination [BY PARTY PETITION] where incumbent 21 dies or is disqualified or incapacitated. (a) If an unopposed incumbent candidate for 22 renomination for state executive or national legislative office dies, becomes 23 disqualified from holding the office the candidate is seeking, or is certified as being 24 incapacitated between June 1 of the election year and that date which is more than 54 25 days before the date of the primary election, the candidate's place on the ballot may be 26 filled by party petition. The petition shall state that the political party requests the 27 name of the proposed candidate replace that of the incumbent on the primary election 28 ballot and shall be accompanied by a declaration of candidacy from the person named 29 in the petition. The petition must be received by the director not later than 14 days 30 after the death, disqualification, or certification of incapacity of the incumbent or 52 31 days before the primary election date, whichever time is earlier.
01 (b) The method for certifying an incumbent candidate for nomination for state 02 executive or national legislative office as being incapacitated, the method for 03 selecting the person who is to be named in the party petition, and the method for 04 placing the name of the person selected on the primary nomination ballot are the same 05 as those prescribed in AS 15.25.110 and 15.25.130 relating to filling vacancies of 06 party nominees in a general election. 07 (c) The death, disqualification, or certification of incapacity of the incumbent 08 for state executive or national legislative office within 52 days before or on the 09 primary election date does not affect the counting and review of the ballots. If the 10 result of the counting and review discloses that the candidate, if the candidate had 11 lived, would have been nominated, the candidate shall be declared nominated. The 12 vacancy may be filled by party petition as provided in AS 15.25.110 - 15.25.130. 13 * Sec. 8. AS 15.25.060 is amended to read: 14 Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 15 (a) The primary election ballots shall be prepared and distributed by the director in the 16 manner prescribed in this section. The director shall prepare and provide a primary 17 election ballot for each political party that contains all of the candidates of that party 18 for elective state executive [AND STATE] and national legislative offices, the names, 19 without party affiliation, of the candidates for elective state legislative office, and 20 [ALL OF] the ballot titles and propositions required to appear on the ballot at the 21 primary election. The director shall print the ballots on white paper and place the 22 names of all candidates who have properly filed in groups according to offices. The 23 order of the placement of the names for each office shall be as provided for the general 24 election ballot. Blank spaces may not be provided on the ballot for the writing or 25 pasting in of names. The director shall also prepare and print a separate nonpartisan 26 primary election ballot including only the names, without party affiliation, of 27 candidates for elective state legislative office and the ballot titles and propositions 28 required to appear on the ballot. 29 (b) A voter may vote only one primary election ballot. A voter may vote a 30 political party ballot only if the voter is registered as affiliated with that party, is 31 allowed to participate in the party primary under the party's bylaws, or is registered as
01 nonpartisan or undeclared rather than as affiliated with a particular political party and 02 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 03 the party's primary. For the purpose of determining which primary election ballot a 04 voter may use, a voter's party affiliation is considered to be the affiliation registered 05 with the director as of the 30th day before the primary election. If a voter changes 06 party affiliation within the 30 days before the primary election, the voter's previous 07 party affiliation shall be used for the determination under this subsection. A voter 08 may, regardless of party affiliation, vote a nonpartisan primary election ballot. 09 (c) If a voter is not voting in person and has requested an absentee ballot or 10 special needs ballot but has not indicated a choice of ballot, the director shall provide 11 the voter with the ballot listing the candidates of the political party or group with 12 which the voter is affiliated, if any, as determined under (b) of this section. If the 13 voter is not affiliated with a political party or group, the director shall provide 14 the voter with a nonpartisan primary election ballot. 15 * Sec. 9. AS 15.25.100 is amended to read: 16 Sec. 15.25.100. Placement of nominees on general election ballot. For state 17 executive and national legislative offices, the [THE] director shall place the name of 18 the candidate receiving the highest number of votes for an office by a political party 19 on the general election ballot. For state legislative offices, the director shall place 20 the names of the two candidates receiving the highest number of votes for an 21 office on the general election ballot. 22 * Sec. 10. AS 15.25.105(a) is amended to read: 23 (a) If a candidate does not appear on the primary election ballot or is not 24 successful in advancing to the general election and wishes to be a candidate in the 25 general election, the candidate may file as a write-in candidate. Votes for a write-in 26 candidate may not be counted unless that candidate has filed a letter of intent with the 27 director stating 28 (1) the full name of the candidate; 29 (2) the full residence address of the candidate and the date on which 30 residency at that address began; 31 (3) the full mailing address of the candidate;
01 (4) if the candidacy is for state executive or national legislative 02 office, the name of the political party or political group of which the candidate is a 03 member, if any; 04 (5) if the candidacy [CANDIDATE] is for the office of state senator 05 or state representative, the house or senate district of which the candidate is a resident; 06 (6) the office that the candidate seeks; 07 (7) the date of the election at which the candidate seeks election; 08 (8) the length of residency in the state and in the house district of the 09 candidate; 10 (9) the name of the candidate as the candidate wishes it to be written 11 on the ballot by the voter; 12 (10) that the candidate meets the specific citizenship requirements of 13 the office for which the person is a candidate; 14 (11) that the candidate will meet the specific age requirements of the 15 office for which the person is a candidate; if the candidacy is for the office of state 16 representative, that the candidate will be at least 21 years of age on the first scheduled 17 day of the first regular session of the legislature convened after the election; if the 18 candidacy is for the office of state senator, that the candidate will be at least 25 years 19 of age on the first scheduled day of the first regular session of the legislature convened 20 after the election; if the candidacy is for the office of governor or lieutenant governor, 21 that the candidate will be at least 30 years of age on the first Monday in December 22 following election or, if the office is to be filled by special election under 23 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 24 date of certification of the results of the special election; or, for any other office, by 25 the time that the candidate, if elected, is sworn into office; 26 (12) that the candidate is a qualified voter as required by law; and 27 (13) that the candidate is not a candidate for any other office to be 28 voted on at the general election and that the candidate is not a candidate for this office 29 under any other nominating petition or declaration of candidacy. 30 * Sec. 11. AS 15.25.110 is amended to read: 31 Sec. 15.25.110. Filling vacancies occurring before the general election [BY
01 PARTY PETITION]. If a candidate of a political party nominated for state 02 executive or national legislative office at the primary election dies, withdraws, 03 resigns, becomes disqualified from holding the office for which the candidate is 04 nominated, or is certified as being incapacitated in the manner prescribed by this 05 subsection [SECTION] after the primary election and 64 days or more before the 06 general election, the vacancy may be filled by party petition. The central committee of 07 any political party or any party district committee may certify as being incapacitated 08 any candidate nominated by their respective party by presenting to the director a 09 sworn statement made by a panel of three licensed physicians, not more than two of 10 whom may be of the same political party, that the candidate is physically or mentally 11 incapacitated to an extent that would in the panel's judgment prevent the candidate 12 from active service during the term of office if elected. The director shall place the 13 name of the person nominated by party petition on the general election ballot. The 14 name of a candidate disqualified under this subsection [SECTION] may not appear on 15 the general election ballot. 16 * Sec. 12. AS 15.25.110 is amended by adding a new subsection to read: 17 (b) If a candidate for state legislative office receiving the highest or second 18 highest number of votes at the primary election dies, withdraws, resigns, or becomes 19 disqualified from holding the office and the candidate's death, withdrawal, resignation 20 or disqualification occurs 21 (1) 64 days or more before the general election, the director shall fill 22 the vacancy by placing on the general election ballot the name of the candidate 23 receiving the next highest number of votes in the primary election; 24 (2) less than 64 days before the general election, the director shall 25 leave the candidate's name on the ballot. 26 * Sec. 13. AS 15.25.130 is amended to read: 27 Sec. 15.25.130. Selection of nominees for party petition. The nominees of 28 political parties by party petition may be selected for state executive or national 29 legislative [STATEWIDE] offices by the state party central committee or in any other 30 manner prescribed by the party bylaws, and the petition for state executive or 31 national legislative [STATEWIDE] offices shall be signed by the state chairperson of
01 the political party or, in the absence of the state chairperson, by any two members of 02 the state party central committee. [THE NOMINEES OF POLITICAL PARTIES BY 03 PARTY PETITION MAY BE SELECTED FOR DISTRICT-WIDE OFFICES BY 04 THE RESPECTIVE PARTY DISTRICT COMMITTEE OR IN ANY OTHER 05 MANNER PRESCRIBED BY THE PARTY BYLAWS, AND THE PETITION FOR 06 DISTRICT-WIDE OFFICES SHALL BE SIGNED BY THE CHAIRPERSON OF 07 THE PARTY DISTRICT COMMITTEE, OR IN THE ABSENCE OF THE 08 CHAIRPERSON, BY ANY TWO MEMBERS OF THE PARTY DISTRICT 09 COMMITTEE, OR IN ANY OTHER MANNER PRESCRIBED BY THE PARTY 10 BYLAWS.] The petition may be delivered in person [,] or by mail, facsimile, or other 11 reliable electronic transmission. 12 * Sec. 14. AS 15.25.140 is amended to read: 13 Sec. 15.25.140. Provision for no-party candidate nominations. Candidates 14 for state executive and national legislative office not representing a political party 15 are nominated by petition. 16 * Sec. 15. AS 15.40.320 is amended to read: 17 Sec. 15.40.320. Condition and time for filling vacancy by appointment. 18 When a vacancy occurs in the state legislature, the governor, within 30 days, shall 19 appoint a qualified person to fill the vacancy, unless the governor is required to call 20 a special election under AS 15.40.380 or 15.40.385. [HOWEVER, IF THE 21 REMAINDER OF THE TERM OF THE PREDECESSOR IN OFFICE WILL 22 EXPIRE OR IF A VACANCY IN THE STATE SENATE WILL BE FILLED BY A 23 SPECIAL ELECTION BEFORE THE LEGISLATURE WILL NEXT MEET, 24 CONVENE, OR RECONVENE, THE GOVERNOR MAY NOT FILL THE 25 VACANCY.] 26 * Sec. 16. AS 15.40.330(a) is amended to read: 27 (a) An [THE] appointee must [SHALL] meet the qualifications of a member 28 of the legislature as prescribed in art. II, sec. 2, Constitution of the State of Alaska, 29 must [SHALL] be a member of the same political party as [THAT WHICH 30 NOMINATED] the predecessor in office, and is [SHALL BE] subject to confirmation 31 by a majority of the members of the legislature who are members of the same caucus
01 [POLITICAL PARTY WHICH NOMINATED THE PREDECESSOR IN OFFICE] 02 and of the same house as was the predecessor in office. If the predecessor in office 03 was not a member of [NOMINATED BY] a political party [OR IF NO OTHER 04 MEMBER OF THE PREDECESSOR'S POLITICAL PARTY IS A MEMBER OF 05 THE PREDECESSOR'S HOUSE OF THE LEGISLATURE], the governor may 06 appoint any qualified person. If the predecessor in office was not a member of a 07 caucus, the appointee is subject to confirmation by a majority of the entire 08 membership of the house in which the vacancy occurs [APPOINTEE IS NOT A 09 MEMBER OF A POLITICAL PARTY, THE APPOINTMENT IS NOT SUBJECT 10 TO CONFIRMATION. IF THE APPOINTEE IS A MEMBER OF A POLITICAL 11 PARTY, THE APPOINTMENT IS SUBJECT TO CONFIRMATION AS 12 PROVIDED BY THIS SECTION FOR THE CONFIRMATION OF POLITICAL 13 PARTY APPOINTEES]. 14 * Sec. 17. AS 15.40.370 is amended to read: 15 Sec. 15.40.370. Conditions for full, unexpired term senate appointment. If 16 the vacancy is for an unexpired senate term of two years plus five full calendar months 17 or less, and AS 15.40.385 does not apply, the appointment shall be for the remainder 18 of the unexpired term. 19 * Sec. 18. AS 15.40 is amended by adding a new section to read: 20 Sec. 15.40.385. Special election when vacancy occurs before term 21 commences. If a candidate for state legislature receiving the highest number of votes 22 at the general election dies, withdraws, resigns, or becomes disqualified from holding 23 the office before taking office, the governor shall call a special election to fill the 24 vacancy to be held not less than 60 days and not more than 90 days after the general 25 election. The director shall place the names of the two candidates who have not died, 26 withdrawn, resigned, or become disqualified receiving the next highest number of 27 votes in the primary election on the special election ballot. 28 * Sec. 19. AS 15.40.390 is amended to read: 29 Sec. 15.40.390. Date of special election. The special election to fill a vacancy 30 in the state senate under AS 15.40.380 shall be held on the date of the first general 31 election held more than three full calendar months after the senate vacancy occurs.
01 * Sec. 20. AS 15.40.400 is amended to read: 02 Sec. 15.40.400. Proclamation of special election. The governor shall issue the 03 proclamation calling the special election under AS 15.40.380 at least 50 days before 04 the election. 05 * Sec. 21. AS 15.40.410 is amended to read: 06 Sec. 15.40.410. Term of senator elected for unexpired term [ELECTED 07 SENATOR]. At the unexpired term special election under AS 15.40.380, a state 08 senator shall be elected to fill the remainder of the unexpired term and shall take office 09 on the date the state senate first convenes or reconvenes following the certification of 10 the results of the special election by the director. 11 * Sec. 22. AS 15.40.430 is amended to read: 12 Sec. 15.40.430. Designation of nominees by petition. If the senate vacancy 13 occurs less than one calendar month before the filing date and more than three 14 calendar months before the next general election, candidates shall be nominated by 15 petition transmitted by actual physical delivery of the petition in person or by mail 16 postmarked not later than midnight of the filing date. 17 * Sec. 23. AS 15.40.440 is amended to read: 18 Sec. 15.40.440. Requirements of petition for nomination [NO-PARTY 19 CANDIDATES]. Petitions for the nomination of candidates [NOT REPRESENTING 20 A POLITICAL PARTY] shall be signed by qualified voters equal in number to at least 21 one percent of the number of voters who cast ballots in the proposed nominee's 22 respective house or senate district in the preceding general election. A nominating 23 petition may not contain fewer [LESS] than 50 signatures for any district, must state 24 the senate district of which the candidate is a resident, and must state in substance 25 that which is required in petitions for nomination by AS 15.25.180. 26 * Sec. 24. AS 24.20.020 is amended to read: 27 Sec. 24.20.020. Membership. The legislative council is composed of the 28 president of the senate and six other senators appointed by the president, and the 29 speaker of the house of representatives and six other representatives appointed by the 30 speaker. The membership from each house shall include at least one member from the 31 majority organizational caucus and one member from the minority
01 organizational caucus [EACH OF THE TWO MAJOR POLITICAL PARTIES]. The 02 appointing authority in each house shall make and announce the appointment or 03 reappointment of members of the council within 15 days after the convening of the 04 first regular session of each legislature. In this section, "majority organizational 05 caucus" and "minority organizational caucus" have the meanings given in 06 AS 24.60.130(p). 07 * Sec. 25. AS 15.25.170, 15.25.180(a)(5); AS 15.40.330(b), 15.40.450, and 15.40.460 are 08 repealed. 09 * Sec. 26. This Act takes effect July 1, 2020.