00 Enrolled HB 266                                                                                                         
01 Relating to questioned ballots and questioned voters, voter registration, training of election                          
02 officials, preparation of election materials, provision of election materials, forms, and supplies                      
03 for polling places, voter identification, absentee voting, and counting ballots; and providing                          
04 for an effective date.                                                                                                  
05                           _______________                                                                               
06    * Section 1.  AS 15.07.055 is amended by adding a new subsection to read:                                          
07            (e)  The director shall enter into an agreement with the Department of                                       
08       Administration and the Department of Revenue to match identifying information                                     
09       provided by a voter who initially registers by mail or by facsimile or other electronic                           
10       transmission approved by the director under AS 15.07.050 with existing identification                             
11       records                                                                                                           
12                 (1)  maintained by the administrative component of the Department of                                    
13       Administration that administers motor vehicle and driver's license laws and by the                                
14       administrative component of the Department of Revenue that administers the                                        
01       permanent fund dividend laws; and                                                                                 
02                 (2)  bearing the same identifying number, name, and date of birth                                       
03       provided on the registration.                                                                                     
04    * Sec. 2.  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)  name and sex;                                                                                      
08                 (2)  if issued, the applicant's State of Alaska driver's license                                    
09       number or State of Alaska identification card number, or the last four digits of                              
10       the applicant's social security number;                                                                       
11                 (3)  date of birth;                                                                                 
12                 (4)  address and other necessary information establishing residence,                                
13       including the term of residence in the state and in the district, if requested;                                   
14                 (5) [(3)]  whether the applicant has previously been registered to vote in                          
15       another jurisdiction, and, if so, the jurisdiction and the address of the previous                                
16       registration;                                                                                                     
17                 (6) [(4)]  a declaration that the registrant will be 18 years of age or                             
18       older within 90 days of the date of registration;                                                                 
19                 (7)  [(5)]  a declaration that the registrant is a citizen of the United                            
20       States;                                                                                                           
21                 (8) [(6)]  date of application;                                                                     
22                 (9) [(7)]  signature or mark;                                                                       
23                 (10) [(8)]  any former name under which the applicant was registered to                             
24       vote in the state;                                                                                                
25                 (11) [(9)]  an attestation that the information provided by the applicant                           
26       in (1) - (10) [(1) - (8)] of this subsection is true; and                                                     
27                 (12) [(10)]  a certification that the applicant understands that a false                            
28       statement on the application may make the applicant subject to prosecution for a                                  
29       misdemeanor under this title or AS 11.                                                                            
30    * Sec. 3.  AS 15.07.060(b) is amended to read:                                                                     
31            (b)  If the applicant has been previously registered to vote in another                                      
01       jurisdiction, the [APPLICANT SHALL SURRENDER TO THE REGISTRATION                                                  
02       OFFICIAL ANY VOTER REGISTRATION OR IDENTIFICATION CARD OR                                                         
03       CREDENTIALS FROM THAT JURISDICTION THE APPLICANT MAY                                                              
04       POSSESS.  THE] director shall notify the chief elections officer in that jurisdiction                             
05       that the applicant has registered to vote in Alaska and [,] request that that jurisdiction                
06       [TO] cancel the applicant's voter registration there [, AND RETURN THE                                            
07       APPLICANT'S VOTER REGISTRATION OR IDENTIFICATION CARD OR                                                          
08       CREDENTIALS, IF ANY, TO THAT JURISDICTION].                                                                       
09    * Sec. 4.  AS 15.07.060(c) is amended to read:                                                                     
10            (c)  Each applicant who requests [IF APPLICATION FOR] registration [IS                                   
11       MADE] in person before a registration official [, THE APPLICANT] shall exhibit one                                
12       form of identification to the official, including [BUT NOT LIMITED TO] a driver's                                 
13       license, state identification card, current and valid photo identification, birth                             
14       certificate, passport, or hunting or fishing license.  A registration official who knows                      
15       the identity of the applicant may waive the identification requirement.                                           
16    * Sec. 5.  AS 15.07.060 is amended by adding new subsections to read:                                              
17            (e)  For an applicant requesting initial registration by mail or by facsimile or                             
18       other electronic transmission approved by the director under AS 15.07.050, the                                    
19       director shall verify the information provided in compliance with (a)(2) and (3) of this                          
20       section through state agency records described in AS 15.07.055(e).  If the applicant                              
21       cannot comply with the requirement of (a)(2) of this section because the applicant has                            
22       not been issued any of the listed numbers, the applicant may instead submit a copy of                             
23       one of the following forms of identification:  a driver's license, state identification                           
24       card, current and valid photo identification, birth certificate, passport, or hunting or                          
25       fishing license.                                                                                                  
26            (f)  If an applicant who requests registration cannot comply with the                                        
27       requirement of (a)(2) of this section because the applicant has not been issued any of                            
28       the listed numbers, the division shall assign the applicant a unique identifying number.                          
29    * Sec. 6.  AS 15.07.070(b) is amended to read:                                                                   
30            (b)  To register by mail or by facsimile or other electronic transmission                                    
31       approved by the director under AS 15.07.050, the director, the area election                                      
01       supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms                          
02       prepared by the director on which the registration information required under                                     
03       AS 15.07.060 shall be inserted by the voter, or by a person on behalf of the voter if the                         
04       voter is physically incapacitated.  The director may require proof of identification of                           
05       the applicant as required by regulations adopted by the director under AS 44.62                                   
06       (Administrative Procedure Act).  Upon receipt and approval of the completed                                       
07       registration forms, the director or the election supervisor shall forward to the voter an                     
08       acknowledgment [IN THE FORM OF A REGISTRATION CARD], and the voter's                                              
09       name shall immediately be placed on the master register [LOCATED IN THE                                           
10       OFFICE OF THE DIRECTOR AND ON THE DISTRICT REGISTER LOCATED IN                                                    
11       THE OFFICE OF THE ELECTION SUPERVISOR].  If the registration is denied, the                                       
12       voter shall immediately be informed in writing that registration was denied and the                               
13       reason for denial.  When identifying information has been provided by the voter as                            
14       required by this chapter, the election supervisor shall forward to the voter a                                
15       registration card.                                                                                            
16    * Sec. 7.  AS 15.07.070(d) is amended to read:                                                                   
17            (d)  Qualified voters may register in person before a registration official or                               
18       through a voter registration agency at any time throughout the year, except that a                                
19       person registering within 30 days preceding an election is not eligible to [MAY NOT]                          
20       vote at that election.  Upon receipt and approval of the registration forms, the director                         
21       or the election supervisor shall forward to the voter an acknowledgment in the form of                            
22       a registration card, and the voter's name shall immediately be placed on the master                           
23       register [LOCATED IN THE OFFICE OF THE DIRECTOR AND ON THE                                                        
24       DISTRICT REGISTER LOCATED IN THE OFFICE OF THE ELECTION                                                           
25       SUPERVISOR].  Names of persons registering 30 or more days before an election                                     
26       shall be placed on the official registration list for that election.                                              
27    * Sec. 8.  AS 15.07.070(h) is amended to read:                                                                   
28            (h)  The director shall design the form of the voter's certificate appearing on                              
29       the envelope that is used for voting an absentee in-person or [A] questioned ballot so                        
30       that all information required for registration by AS 15.07.060(a) may be obtained from                            
31       a voter who votes an absentee in-person or [A] questioned ballot.  If the voter voting                        
01       an absentee in-person or [A] questioned ballot has completed all information on the                           
02       voter registration portion of the absentee in-person or questioned ballot voter's                             
03       certificate, the director shall place the name of the voter on the official registration list.                    
04    * Sec. 9.  AS 15.10.107 is amended to read:                                                                        
05            Sec. 15.10.107.  Staff training.  The director shall, before each primary                                  
06       election in even-numbered years, provide for a comprehensive training program for                                 
07       election officials, both the full-time members of the staff of the division of elections                          
08       and those who are appointed as members of election boards under AS 15.10.120 -                                    
09       15.10.140 and other temporary election employees.  The director shall [ANNUALLY]                                  
10       prepare and, not later than March 1 [JANUARY 10], file with the lieutenant governor                           
11       a plan that describes the comprehensive training program for election officials to be                             
12       provided to those officials during that calendar year.                                                            
13    * Sec. 10.  AS 15.15.040 is amended by adding a new subsection to read:                                          
14            (c)  The director shall provide materials, forms, and supplies for each polling                              
15       place, including information regarding the date of the election and hours the polling                             
16       place will be open, instructions on how to cast a questioned ballot, instructions for                             
17       first-time voters who initially registered by mail, general information on voting rights,                         
18       prohibitions on acts of fraud and misrepresentation, and whom to contact to report                                
19       violations.                                                                                                       
20    * Sec. 11.  AS 15.15.198(a) is amended to read:                                                                    
21            (a)  If a voter's name does not appear on the official registration list in the                              
22       precinct in which the voter seeks to vote, the election official shall affirmatively                              
23       advise the voter that the voter may cast a questioned ballot, and the voter shall be                              
24       allowed to vote a questioned ballot.  At the time the voter casts a questioned ballot,                        
25       the voter shall be given written information stating that the voter will be able to                           
26       ascertain whether the ballot was counted and, if not counted, the reason the                                  
27       ballot was not counted.                                                                                       
28    * Sec. 12.  AS 15.15.225(a) is amended to read:                                                                    
29            (a)  Before being allowed to vote, each voter shall exhibit to an election official                          
30       one form of identification, including                                                                             
31                 (1)  an official voter registration card, driver's license, state                               
01       identification card, current and valid photo identification, birth certificate,                               
02       passport, or hunting or fishing license; or                                                               
03                 (2)  an original or a copy of a current utility bill, bank statement,                               
04       paycheck, government check, or other government document; an item exhibited                                   
05       under this paragraph must show the name and current address of the voter [, OR                                
06       OTHER FORM OF IDENTIFICATION AS PRESCRIBED BY REGULATION].                                                        
07    * Sec. 13.  AS 15.15.225(b) is amended to read:                                                                    
08            (b)  An election official may waive the identification requirement if the                                    
09       election official knows the identity of the voter.  The identification requirement may                        
10       not be waived for voters who are first-time voters who initially registered by mail                           
11       or by facsimile or other electronic transmission approved by the director under                               
12       AS 15.07.050, and did not provide identification as required in AS 15.07.060.                                 
13    * Sec. 14.  AS 15.15.360(a) is amended to read:                                                                    
14            (a)  The election board shall count ballots [IN HAND-COUNT PRECINCTS]                                        
15       according to the following rules:                                                                                 
16                 (1)  A voter may mark a ballot only by filling in, making "X" marks,                                    
17       diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or                       
18       plus signs that are clearly spaced in the oval opposite the name of the candidate,                                
19       proposition, or question that the voter desires to designate.                                                     
20                 (2)  A failure to properly mark a ballot as to one or more candidates                                   
21       does not itself invalidate the entire ballot.                                                                     
22                 (3)  If a voter marks fewer names than there are persons to be elected to                               
23       the office, a vote shall be counted for each candidate properly marked.                                           
24                 (4)  If a voter marks more names than there are persons to be elected to                                
25       the office, the votes for candidates for that office may not be counted.                                          
26                 (5)  The mark specified in (1) of this subsection shall be counted only if                              
27       it is substantially inside the oval provided, or touching the oval so as to indicate                              
28       clearly that the voter intended the particular oval to be designated.                                             
29                 (6)  Improper marks on the ballot may not be counted and do not                                         
30       invalidate marks for candidates properly made.                                                                    
31                 (7)  An erasure or correction invalidates only that section of the ballot                               
01       in which it appears.                                                                                              
02                 (8)  A vote marked for the candidate for President or Vice-President of                                 
03       the United States is considered and counted as a vote for the election of the                                     
04       presidential electors.                                                                                            
05                 (9)  Write-in votes are not invalidated by writing in the name of a                                     
06       candidate whose name is printed on the ballot unless the election board determines, on                            
07       the basis of other evidence, that the ballot was so marked for the purpose of                                     
08       identifying the ballot.                                                                                           
09                 (10)  In order to vote for a write-in candidate, the voter must write in                                
10       the candidate's name in the space provided and fill in the oval opposite the candidate's                          
11       name in accordance with (1) of this subsection.                                                                   
12                 (11)  A vote for a write-in candidate, other than a write-in vote for                                   
13       governor and lieutenant governor, shall be counted if the oval is filled in for that                              
14       candidate and if the name, as it appears on the write-in declaration of candidacy, of the                         
15       candidate or the last name of the candidate is written in the space provided.                                     
16                 (12)  If the write-in vote is for governor and lieutenant governor, the                                 
17       vote shall be counted if the oval is filled in and the names, as they appear on the write-                        
18       in declaration of candidacy, of the candidates for governor and lieutenant governor or                            
19       the last names of the candidates for governor and lieutenant governor, or the name, as                            
20       it appears on the write-in declaration of candidacy, of the candidate for governor or the                         
21       last name of the candidate for governor is written in the space provided.                                         
22    * Sec. 15.  AS 15.20.081(f) is amended to read:                                                                  
23            (f)  The director shall [MAY] require a voter casting an absentee ballot by mail                         
24       to provide proof of identification or other information to aid in the establishment of                            
25       the voter's identity as prescribed by regulations adopted under AS 44.62 ( [THE]                              
26       Administrative Procedure Act).  If the voter is a first-time voter who initially                              
27       registered by mail or by facsimile or other electronic transmission approved by                               
28       the director under AS 15.07.050 and has not met the identification requirements                               
29       set out in AS 15.07.060, the voter must provide one of the following forms of                                 
30       proof of identification:                                                                                      
31                 (1)  a copy of a driver's license, state identification card, current                               
01       and valid photo identification, birth certificate, passport, or hunting or fishing                            
02       license; or                                                                                                   
03                 (2)  a copy of a current utility bill, bank statement, paycheck,                                    
04       government check, or other government document;  an item provided under this                                  
05       paragraph must show the name and current address of the voter [(AS 44.62)].                                   
06    * Sec. 16.  AS 15.20.081 is amended by adding a new subsection to read:                                          
07            (i)  An absentee ballot application submitted by an absent uniformed services                                
08       voter or by an absent overseas voter qualifying under AS 15.05.011 is valid through                               
09       the next two regularly scheduled general elections for federal office after the date the                          
10       application is submitted.  In this subsection, "absent uniformed services voter" has the                          
11       meaning given in 42 U.S.C. 1973ff-6.                                                                              
12    * Sec. 17.  AS 15.20.082(a) is amended to read:                                                                    
13            (a)  The director shall prepare special absentee ballots under this section for                              
14       use in a state primary election, a state general election, and a state special election                           
15       when the voter notifies the director in writing that the voter expects to be living,                              
16       working, or traveling outside the United States at the time of the election, or in a                        
17       remote area of the state where distance, terrain, or other natural conditions deny                            
18       the voter reasonable access to a polling place at the time of the election.  The                              
19       director shall prepare the ballot so that it may be sent to the absentee voter 60 days                            
20       before the date of the election.  The director shall list on the ballot the different races                       
21       to be voted on at the particular election on a statewide basis, and, if the director                          
22       prepares the ballot without the names of candidates printed on the ballot, the director                           
23       shall provide the voter with information described in (c) of this section.                                        
24    * Sec. 18.  AS 15.20.203(b) is amended to read:                                                                    
25            (b)  An absentee ballot may not be counted if                                                                
26                 (1)  the voter has failed to properly execute the certificate;                                          
27                 (2)  an official or the witnesses authorized by law to attest the voter's                               
28       certificate fail to execute the certificate, except that an absentee ballot cast in person                        
29       and accepted by an absentee voting official or election supervisor may be counted                                 
30       despite failure of the absentee voting official or election supervisor to properly sign                           
31       and date the voter's certificate as attesting official as required under AS 15.20.061(c);                         
01                 (3)  the ballot is not attested on or before the date of the election;                                  
02                 (4)  the ballot, if postmarked, is not postmarked on or before the date of                              
03       the election; [OR]                                                                                                
04                 (5)  after the day of election, the ballot was delivered by a means other                               
05       than mail; or                                                                                                 
06                 (6)  the voter voted                                                                                
07                      (A)  in person and is a                                                                        
08                           (i)  first-time voter who initially registered by mail or                                 
09                 by facsimile or other electronic transmission approved by the                                       
10                 director under AS 15.07.050, has not provided the identification                                    
11                 required by AS 15.15.225(a), was not eligible for waiver of the                                     
12                 identification requirement under AS 15.15.225(b), and has not                                       
13                 provided the identifiers required in AS 15.07.060(a)(2) and (3) that                                
14                 can be verified through state agency records described in                                           
15                 AS 15.07.055(e); or                                                                                 
16                           (ii)  voter other than one described in (i) of this                                       
17                 subparagraph, did not provide identification described in                                           
18                 AS 15.15.225(a), was not personally known by the election official,                                 
19                 and has not provided the identifiers required in AS 15.07.060(a)(2)                                 
20                 and (3); or                                                                                         
21                      (B)  by mail or electronic transmission, is a first-time voter                                 
22            who initially registered by mail or by facsimile or other electronic                                     
23            transmission approved by the director under AS 15.07.050 to vote, has not                                
24            met the identification requirements set out in AS 15.07.060, and does not                                
25            submit with the ballot a copy of a                                                                       
26                           (i)  driver's license, state identification card, current                                 
27                 and valid photo identification, birth certificate, passport, or                                     
28                 hunting or fishing license; or                                                                      
29                           (ii)  current utility bill, bank statement, paycheck,                                     
30                 government check, or other government document; an item                                             
31                 described in this sub-subparagraph must show the name and                                           
01                 current address of the voter.                                                                       
02    * Sec. 19.  AS 15.20.203 is amended by adding a new subsection to read:                                            
03            (j)  The director shall make available through a free access system to each                                  
04       absentee voter a system to check to see whether the voter's ballot was counted and, if                            
05       not counted, the reason why the ballot was not counted.  The director shall make this                             
06       information available through the free access system not less than 10 days after                                  
07       certification of the results of a primary election and not less than 30 days after                                
08       certification of the results of a general or special election.                                                  
09    * Sec. 20.  AS 15.20.207(b) is amended to read:                                                                  
10            (b)  A questioned ballot may not be counted if the voter                                                   
11                 (1)  has failed to properly execute the certificate;                                            
12                 (2)  is a first-time voter who initially registered by mail or by                                   
13       facsimile or other electronic transmission approved by the director under                                     
14       AS 15.07.050, has not provided the identification required by AS 15.15.225(a),                                
15       was not eligible for waiver of the identification requirement under                                           
16       AS 15.15.225(b), and has not provided the identifiers required in                                             
17       AS 15.07.060(a)(2) and (3) that can be verified through state agency records                                  
18       described in AS 15.07.055(e); or                                                                              
19                 (3)  is a voter other than one described in (2) of this subsection, did                             
20       not provide identification described in AS 15.15.225(a), was not personally                                   
21       known by the election official, and has not provided the identifiers required in                              
22       AS 15.07.060(a)(2) and (3).                                                                                   
23    * Sec. 21.  AS 15.20.207 is amended by adding a new subsection to read:                                            
24            (k)  The director shall make available through a free access system to each                                  
25       voter voting a questioned ballot a system to check to see whether the voter's ballot was                          
26       counted and, if not counted, the reason why the ballot was not counted.  The director                             
27       shall make this information available through the free access system not less than 10                             
28       days after certification of the results of a primary election and not less than 30 days                           
29       after the certification of the results of a general or special election.                                          
30    * Sec. 22.  AS 15.20.211 is amended by adding a new subsection to read:                                          
31            (f)  The director shall make available through a free access system to each                                  
01       voter whose ballot was subject to partial counting under this section a system to check                           
02       to see whether the voter's ballot was partially counted and, if not counted, the reason                           
03       why the ballot was not counted.  The director shall make this information available                               
04       through the free access system not less than 10 days after certification of the results of                        
05       a primary election and not less than 30 days after the certification of the results of a                          
06       general or special election.                                                                                      
07    * Sec. 23.  AS 15.20.480 is amended to read:                                                                       
08            Sec. 15.20.480.  Procedure for recount.  In conducting the recount, the                                    
09       director shall review all ballots, whether the ballots were counted at the precinct or by                         
10       computer or by the district absentee counting board or the questioned ballot counting                             
11       board, to determine which ballots, or part of ballots, were properly marked and which                             
12       ballots are to be counted in the recount, and shall check the accuracy of the original                            
13       count, the precinct certificate, and the review.  The director shall count absentee                               
14       ballots received before the completion of the recount.  For administrative purposes, the                          
15       director may join and include two or more applications in a single review and count of                            
16       votes.  The rules in AS 15.15.360 governing the counting of ballots [IN HAND-                                     
17       COUNT PRECINCTS] shall be followed in the recount when a ballot is challenged on                                  
18       the basis of a question regarding the voter's intent to vote for the candidate,                                   
19       proposition, or question.  The ballots and other election material must remain in the                             
20       custody of the director during the recount, and the highest degree of care shall be                               
21       exercised to protect the ballots against alteration or mutilation.  The recount shall be                          
22       completed within 10 days.  The director may employ additional personnel necessary to                              
23       assist in the recount.                                                                                            
24    * Sec. 24.  AS 15.15.360(c) is repealed.                                                                           
25    * Sec. 25.  This Act takes effect immediately under AS 01.10.070(c).