HB 390: "An Act relating to elections; relating to counting ballots; and providing for an effective date."
00 HOUSE BILL NO. 390 01 "An Act relating to elections; relating to counting ballots; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.060(a) is amended to read: 05 (a) Each applicant who requests registration or reregistration shall supply the 06 following information: 07 (1) the applicant's name and sex; 08 (2) if issued, the applicant's State of Alaska driver's license number or 09 State of Alaska identification card number, or the last four digits of the applicant's 10 social security number; 11 (3) the applicant's date of birth; 12 (4) the applicant's Alaska residence address; 13 (5) a statement of whether the applicant has previously been registered 14 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the
01 previous registration; 02 (6) a declaration that the applicant will be 18 years of age or older 03 within 90 days after the date of registration; 04 (7) a declaration that the applicant is a citizen of the United States; 05 (8) the date of application; 06 (9) the applicant's signature or mark; 07 (10) any former name under which the applicant was registered to vote 08 in the state; 09 (11) an attestation that the information provided by the applicant in (1) 10 - (10) of this subsection is true; [AND] 11 (12) a certification that the applicant understands that a false statement 12 on the application may make the applicant subject to prosecution for a misdemeanor 13 under this title or AS 11; and 14 (13) a declaration whether the applicant requests a hand count of 15 the applicant's ballot. 16 * Sec. 2. AS 15.07.070(f) is amended to read: 17 (f) Incomplete or inaccurate registration forms may not be accepted. A person 18 who submitted an incomplete or inaccurate registration form may register by 19 reexecuting and resubmitting a registration form in person, by mail, or by facsimile or 20 other electronic transmission approved by the director under AS 15.07.050. The 21 requirements of (c) or (d) of this section apply to a registration form resubmitted under 22 this subsection. Notwithstanding the foregoing, an application made under 23 AS 43.23.015 that contains the information required by AS 15.07.060(a)(1) - (4), 24 [AND] (7) - (9), and (13), and an attestation that such information is true, shall not be 25 deemed an incomplete registration form and shall be accepted in accordance with 26 AS 15.07.070(i). 27 * Sec. 3. AS 15.07.070(j) is amended to read: 28 (j) The division shall cooperate with the Department of Revenue under 29 AS 43.23.101 to ensure that the permanent fund dividend application form furnished 30 by the Department of Revenue under AS 43.23.015 allows an applicant, a person who 31 is designated in a power of attorney to act on behalf of an applicant, or a person acting
01 on behalf of a physically disabled applicant to submit voter registration information 02 required under AS 15.07.060(a)(1) - (4), [AND] (7) - (9), and (13), and an attestation 03 that such information is true. The director may require proof of identification of the 04 applicant, if not already in the Department of Revenue's possession, as required by 05 regulations adopted by the director under AS 44.62 (Administrative Procedure Act). 06 * Sec. 4. AS 15.15.032(c) is amended to read: 07 (c) The director shall provide for a paper record of each electronically 08 generated ballot that can be 09 (1) reviewed and corrected by the voter at the time the vote is cast; 10 [AND] 11 (2) used for a recount of the votes cast at an election in which 12 electronically generated ballots were used; 13 (3) used as the official ballot for a vote count in a hand-count 14 district. 15 * Sec. 5. AS 15.15 is amended by adding a new section to read: 16 Sec. 15.15.345. Hand-count districts. (a) When 25 percent or more of the 17 voters in a house district, senate district, or the state request under AS 15.07.060(a) 18 that the division count their ballots by hand, the division shall count the ballots in that 19 house district, senate district, or the state, respectively, by hand. The director shall, 60 20 days before the day of the election, 21 (1) determine whether a house district, senate district, or the state is a 22 hand-count district; and 23 (2) provide public notice identifying each hand-count district for the 24 election. 25 (b) The division shall count ballots voted in a hand-count district by hand. 26 When counting a ballot generated electronically under AS 15.15.032 or an absentee 27 ballot voted by electronic transmission under AS 15.20.066, an election official 28 counting ballots voted in a hand-count district shall count the official paper record. An 29 election official may not scan a ballot voted for a hand-count district before the 30 conclusion of the statewide ballot count. If an election official scans a ballot in a hand- 31 count district, the division shall publish the ballot on the division's Internet website not
01 later than 24 hours after the election official scanned the ballot. 02 * Sec. 6. AS 15.15.350(a) is amended to read: 03 (a) The director may adopt regulations prescribing the manner in which the 04 precinct ballot count is accomplished so as to ensure accuracy in the count and to 05 expedite the process. The election board shall account for all ballots by completing a 06 ballot statement containing (1) the number of official ballots received; (2) the number 07 of official ballots voted; (3) the number of official ballots spoiled; (4) the number of 08 official ballots unused and either destroyed or returned for destruction to the elections 09 supervisor or the election supervisor's designee. The board shall count the number of 10 questioned ballots and compare that number to the number of questioned voters in the 11 register. Discrepancies shall be noted and the numbers included in the certificate 12 prescribed by AS 15.15.370. The election board, in a hand-count precinct or a hand- 13 count district [PRECINCTS], shall count the ballots in a manner that allows watchers 14 to see the ballots when opened and read. A person handling the ballot after it has been 15 taken from the ballot box and before it is placed in the envelope for mailing may not 16 have a marking device in hand or remove a ballot from the immediate vicinity of the 17 polls. In this subsection, "hand-count precinct" means a precinct within a 18 machine-count district where the election board counts ballots by hand. 19 * Sec. 7. AS 15.15.350(b) is amended to read: 20 (b) In a machine-count district, ballots [BALLOTS] may not be counted 21 before 8:00 p.m., local time, on the day of the election. In a hand-count district, 22 ballot counting may begin 14 days before an election. When counting ballots 23 before 8:00 p.m., local time, on the day of the election, election officials shall 24 count ballots in groups of 25 or more. An election official may not release the 25 result of a ballot count or scanned image of a ballot before 8:00 p.m., local time, 26 on the day of the election. 27 * Sec. 8. AS 15.15.470 is amended to read: 28 Sec. 15.15.470. Preservation of election ballots, papers, and materials. The 29 director shall preserve all precinct election certificates, tallies, and registers for four 30 years after the election. All ballots, images of scanned ballots, and stubs for elections 31 other than national elections may be destroyed 30 days after the certification of the
01 state ballot counting review unless an application for recount has been filed and not 02 completed, or unless their destruction is stayed by an order of the court. All ballots for 03 national elections may be destroyed in accordance with federal law. The director may 04 permit the inspection of election materials upon call by the Congress, the state 05 legislature, or a court of competent jurisdiction. 06 * Sec. 9. AS 15.15.480 is amended to read: 07 Sec. 15.15.480. Security of ballots. All official ballots and scanned images 08 of ballots in the possession of election officials, whether voted or not voted, shall be 09 kept in a secure manner until destroyed in accordance with law. The director shall 10 provide for the security of ballots during transportation and storage under AS 44.62 11 (Administrative Procedure Act). 12 * Sec. 10. AS 15.20.066 is amended by adding a new subsection to read: 13 (c) Before counting an absentee ballot of a voter who resides in a hand-count 14 district that is completed and returned by the voter by electronic transmission, an 15 election official shall print an official paper record of the ballot. The official paper 16 record is the counted ballot. 17 * Sec. 11. AS 15.20.201(a) is amended to read: 18 (a) In a machine-count district, not [NO] less than seven days preceding the 19 day of election, the election supervisor, in the presence and with the assistance of the 20 district absentee ballot counting board, shall review all voter certificates of absentee 21 ballots received by that date. In a hand-count district, not less than 21 days 22 preceding the day of election, the election supervisor, in the presence and with 23 the assistance of the district absentee ballot counting board, shall review all voter 24 certificates of absentee ballots received by that date. The review of absentee ballots 25 shall continue at times designated by the election supervisor until completed. 26 * Sec. 12. AS 15.20.201(b) is amended to read: 27 (b) In a machine-count district, counting [COUNTING] of absentee ballots 28 that have been reviewed shall begin at 8:00 p.m., local time, on the day of the election 29 at places designated by each election supervisor and shall continue until all absentee 30 ballots reviewed and eligible for counting have been counted. The counting teams 31 shall report the count of absentee ballots to the district absentee ballot counting board.
01 An election supervisor or an election official may not count absentee ballots before 02 8:00 p.m., local time, on the day of the election. In a hand-count district, counting 03 of absentee ballots that have been reviewed shall begin 14 days before the day of 04 the election at places designated by each election supervisor and shall continue 05 until all absentee ballots reviewed and eligible for counting have been counted. 06 The counting teams shall report the count of absentee ballots to the district 07 absentee ballot counting board. An election supervisor or an election official may 08 not count absentee ballots earlier than 14 days before the day of the election. 09 Counting of the absentee ballots shall continue at times designated by the election 10 supervisor until all absentee ballots are counted. 11 * Sec. 13. AS 15.20.480 is amended to read: 12 Sec. 15.20.480. Procedure for recount. In conducting the recount, the director 13 shall review all ballots, whether the ballots were counted at the precinct or by 14 computer or by the district absentee counting board or the questioned ballot counting 15 board, to determine which ballots, or part of ballots, were properly marked and which 16 ballots are to be counted in the recount, and shall check the accuracy of the original 17 count, the precinct certificate, and the review. The director shall count absentee ballots 18 received before the completion of the recount. For administrative purposes, the 19 director may join and include two or more applications in a single review and count of 20 votes. The rules in AS 15.15.360 governing the counting of ballots shall be followed 21 in the recount when a ballot is challenged on the basis of a question regarding the 22 voter's intent to vote for the candidate, proposition, or question. The ballots and other 23 election material must remain in the custody of the director during the recount, and the 24 highest degree of care shall be exercised to protect the ballots against alteration or 25 mutilation. In a hand-count district, a recount shall be conducted by hand count. 26 The recount shall be completed within 10 days. The director may employ additional 27 personnel necessary to assist in the recount. 28 * Sec. 14. AS 15.20.900(a) is amended to read: 29 (a) Notwithstanding any other provisions of this title, the director may adopt 30 regulations for machine-count districts that provide procedures for the tabulation of 31 electronically generated ballots or optically scanned ballots, including procedures for
01 (1) tests of the counting programs developed for each precinct 02 tabulator to ensure that the system is functioning properly; 03 (2) security for the voting and tabulation of ballots; 04 (3) the transmission and accumulation of vote totals to assure the 05 integrity of the vote counting process; 06 (4) observation by the public of the counting process in the regional 07 offices; and 08 (5) the disposition of ballots. 09 * Sec. 15. AS 15.80.010 is amended by adding new paragraphs to read: 10 (47) "hand-count district" means a house district, senate district, or the 11 entire state when the division is required under AS 15.15.345(a) to count the voters' 12 ballots by hand; 13 (48) "machine-count district" means a house district, senate district, or 14 the entire state where the division is not required to count the voters' ballots by hand 15 under AS 15.15.345(a). 16 * Sec. 16. AS 43.23.015(b) is amended to read: 17 (b) The department shall prescribe and furnish an application form for 18 claiming a permanent fund dividend. The application must include 19 (1) notice of the penalties provided for under AS 43.23.270; 20 (2) a statement of eligibility and a certification of residency; 21 (3) the means for an applicant eligible to vote under AS 15.05, or a 22 person authorized to act on behalf of the applicant, to furnish information required by 23 AS 15.07.060(a)(1) - (4), [AND] (7) - (9), and (13), and an attestation that such 24 information is true. 25 * Sec. 17. AS 43.23.101 is amended to read: 26 Sec. 43.23.101. Voter registration. The commissioner shall establish by rule a 27 schedule by which the commissioner will provide, and shall provide as soon as is 28 practicable the director of elections with 29 (1) electronic records from the permanent fund dividend applications 30 of the information required by AS 15.07.060(a)(1) - (4), [AND] (7) - (9), and (13), 31 and the attestation that such information is true, for each permanent fund dividend
01 applicant who 02 (A) is a citizen of the United States; and 03 (B) is at least 18 years of age or will be within 90 days of the 04 date of the application; and 05 (2) the mailing addresses for all permanent fund dividend applicants. 06 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).