00                             HOUSE BILL NO. 277                                                                          
01 "An Act establishing a permanent absentee voting option for qualified voters."                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 15.07.127 is amended by adding a new subsection to read:                                           
04            (b)  The director shall maintain the list under (a) of this section so that the                              
05       names of persons who have the status of permanent absentee voters under                                           
06       AS 15.20.085 may be readily identified.                                                                           
07    * Sec. 2. AS 15.07.130(e) is amended to read:                                                                      
08            (e)  For purposes of (b) and (d) of this section, a voter "appears to vote" if                               
09                 (1)  the voter is present at a polling place or at an absentee voting                                   
10       station at a time when the polling place or absentee voting station is operating, for the                         
11       purpose of casting a vote;                                                                                        
12                 (2)  the voter applies to the division                                                                  
13                      (A)  to obtain an absentee ballot; or                                                      
14                      (B)  for permanent absentee voter status under                                                 
15            AS 15.20.085; or                                                                                         
01                 (3)  in an election conducted by mail under AS 15.20.800, a voter who                                   
02       has not received a ballot by mail makes a timely request to the division for a ballot.                            
03    * Sec. 3. AS 15.20 is amended by adding a new section to read:                                                     
04            Sec. 15.20.085. Permanent absentee voting. (a) A qualified voter may apply                                 
05       to the director in person, by mail, or by facsimile, scanning, or other electronic                                
06       transmission, as provided in AS 15.07.070, for permanent absentee voting status. The                              
07       application must include the address to which absentee ballots are to be returned, the                            
08       applicant's full Alaska residence address, and the applicant's signature.                                         
09            (b)  A person may supply to a voter a permanent absentee voting application                                  
10       form with a political party or group affiliation indicated only if the voter is already                           
11       registered as affiliated with the political party or group indicated. Only the voter may                          
12       mark the voter's choice of primary ballot on the permanent absentee voting                                        
13       application. A person supplying a permanent absentee voting application form may                                  
14       not design or mark the application in a manner that suggests choice of one ballot over                            
15       another, except that ballot choices may be listed on an application as authorized by the                          
16       division. The application must be made on a form prescribed or approved by the                                    
17       director. The voter or registration official shall submit the application directly to the                         
18       division of elections. In this subsection, "directly to the division of elections" has the                        
19       meaning given in AS 15.20.081(a). However, nothing in this subsection is intended to                              
20       prohibit a voter from giving a completed permanent absentee voting application to a                               
21       friend, relative, or associate for transfer to the United States Postal Service or a private                      
22       commercial delivery service for delivery to the division.                                                         
23            (c)  For each state primary, general, and special election, and each other                                   
24       election for which the state has responsibility for the conduct of the election, the                              
25       director or an election supervisor shall send an absentee ballot to each voter designated                         
26       as a permanent absentee voter for that election and who is otherwise qualified to vote                            
27       in that election. The director or election supervisor shall send the ballot to the                                
28       permanent mailing address set out on the official registration list unless the voter has                          
29       notified the director or an election supervisor of a different address to which the ballot                        
30       should be sent. The director or an election supervisor shall send the absentee ballots                            
31                 (1)  by first class, nonforwardable mail;                                                               
01                 (2)  not later than the 15th day before the election; and                                               
02                 (3)  with an accompanying explanation of the absentee voting                                            
03       procedure under AS 15.20.020.                                                                                     
04            (d)  The director shall make available a change of address form for permanent                                
05       absentee voters.                                                                                                  
06            (e)  Nothing in this section requires the director or an election supervisor to                              
07       send an absentee ballot under (c) of this section to a permanent absentee voter after the                         
08       director or election supervisor receives actual notice that mail sent to the voter's                              
09       permanent mailing address or a different address provided by a voter under this                                   
10       section is undeliverable to the voter at the address.                                                             
11            (f)  A permanent absentee voter to whom a ballot is provided under this section                              
12       may cast the ballot under AS 15.20.081(d) and (e).                                                                
13            (g)  Ballots voted under this section shall be reviewed under procedures                                     
14       established for the review of absentee ballots under AS 15.20.201 and 15.20.203.                                  
15            (h)  Nothing in this section limits a voter's eligibility to vote                                            
16                 (1)  in person at a precinct under AS 15.15.195 or 15.15.198;                                           
17                 (2)  in person before an absentee voting official under AS 15.20.061;                                   
18                 (3)  early under AS 15.20.064; or                                                                       
19                 (4)  by electronic transmission under AS 15.20.066.                                                     
20    * Sec. 4. AS 15.56.030(a) is amended to read:                                                                      
21            (a)  A person commits the crime of unlawful interference with voting in the                                  
22       first degree if the person                                                                                        
23                 (1)  uses, threatens to use, or causes to be used force, coercion,                                      
24       violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage,                      
25       harm, or loss, upon or against another person to induce or compel that person to vote                             
26       or refrain from voting in an election;                                                                            
27                 (2)  knowingly pays, offers to pay, or causes to be paid money or other                                 
28       valuable thing to a person to vote or refrain from voting in an election;                                         
29                 (3)  solicits, accepts, or agrees to accept money or other valuable thing                               
30       with the intent to vote for or refrain from voting for a candidate at an election or for an                       
31       election proposition or question;                                                                                 
01                 (4)  violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying                                
02       or encouraging or assisting another person to supply to a voter a permanent absentee                          
03       voting or [AN] absentee ballot application form with a political party or group                               
04       affiliation indicated if the voter is not already registered as affiliated with that political                    
05       party or group, and the person has been previously convicted of unlawful interference                             
06       with voting in the second degree under AS 15.56.035(a)(5);                                                        
07                 (5)  knowingly designs, marks, or encourages or assists another person                                  
08       to design or mark a permanent absentee voting or [AN] absentee ballot application                             
09       in a manner that suggests choice of one ballot over another as prohibited by                                      
10       AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of                              
11       unlawful interference with voting in the second degree under AS 15.56.035(a)(6); or                               
12                 (6)  knowingly submits or encourages or assists another person to                                       
13       submit a permanent absentee voting or [AN] absentee ballot application to an                                  
14       intermediary who could control or delay the submission of the application to the                                  
15       division of elections or who could gather data from the application form as prohibited                            
16       by AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of                           
17       unlawful interference with voting in the second degree under AS 15.56.035(a)(7).                                  
18    * Sec. 5. AS 15.56.035(a) is amended to read:                                                                      
19            (a)  A person commits the crime of unlawful interference with voting in the                                  
20       second degree if the person                                                                                       
21                 (1)  has an official ballot in possession outside of the voting room                                    
22       unless the person is an election official or other person authorized by law or local                              
23       ordinance, or by the director or chief municipal elections official in a local election;                          
24                 (2)  makes, or knowingly has in possession, a counterfeit of an official                                
25       election ballot;                                                                                                  
26                 (3)  knowingly solicits or encourages, directly or indirectly, a registered                             
27       voter who is no longer qualified to vote under AS 15.05.010, to vote in an election;                              
28                 (4)  as a registration official                                                                         
29                      (A)  knowingly refuses to register a person who is entitled to                                     
30            register under AS 15.07.030; or                                                                              
31                      (B)  accepts a fee from an applicant applying for registration;                                    
01                 (5)  violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying                                
02       or encouraging or assisting another person to supply to a voter a permanent absentee                          
03       voting or [AN] absentee ballot application form with a political party or group                               
04       affiliation indicated if the voter is not already registered as affiliated with that political                    
05       party or group;                                                                                                   
06                 (6)  knowingly designs, marks, or encourages or assists another person                                  
07       to design or mark a permanent absentee voting or [AN] absentee ballot application                             
08       in a manner that suggests choice of one ballot over another as prohibited by                                      
09       AS 15.20.081(a) or 15.20.085(b); or                                                                           
10                 (7)  knowingly submits or encourages or assists another person to                                       
11       submit a permanent absentee voting or [AN] absentee ballot application to an                                  
12       intermediary who could control or delay the submission of the application to the                                  
13       division of elections or who could gather data from the application form as prohibited                            
14       by AS 15.20.081(a) or 15.20.085(b).                                                                           
15    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
16 read:                                                                                                                   
17       TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may                                               
18 proceed to adopt or amend regulations as necessary to implement the changes made by this                                
19 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not                                 
20 before the effective date of this Act.