00 HOUSE BILL NO. 17 01 "An Act establishing a top two nonpartisan primary election system for elective state 02 executive and state and national legislative offices; repealing the special runoff election 03 for the office of United States senator or United States representative; changing 04 appointment procedures relating to precinct watchers and members of precinct election 05 boards, election district absentee and questioned ballot counting boards, and the Alaska 06 Public Offices Commission; requiring certain written notices to appear in election 07 pamphlets and polling places; relating to declarations of candidacy and letters of intent; 08 and amending the definition of 'political party.'" 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10  * Section 1. AS 15.10.120(c) is amended to read: 11 (c) An election supervisor shall appoint one nominee of the political party or  12 political group with the largest number of registered voters at the time of the  01 preceding gubernatorial election [OF WHICH THE GOVERNOR IS A MEMBER] 02 and one nominee of the political party or political group with [THAT RECEIVED] 03 the second largest number of registered voters at the time of [VOTES STATEWIDE 04 IN] the preceding gubernatorial election. However, the election supervisor may  05 appoint a qualified person registered as a member of a third political party or  06 political group or as a nonpartisan or undeclared voter if [IF] a party district 07 committee or state party central committee of the party or group with the largest  08 number of registered voters [OF WHICH THE GOVERNOR IS A MEMBER] or 09 the party or group with [THAT RECEIVED] the second largest number of registered  10 voters at the time of [VOTES STATEWIDE IN] the preceding gubernatorial election 11 fails to present the names prescribed by (b) of this section by April 15 of a regular 12 election year or at least 60 days before a special primary election [, THE ELECTION 13 SUPERVISOR MAY APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED 14 TO VOTE]. 15  * Sec. 2. AS 15.10.170 is amended to read: 16 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 17 party committee, where an organized precinct committee exists, or the party district 18 committee where no organized precinct committee exists, or the state party 19 chairperson where neither a precinct nor a party district committee exists, may appoint 20 one or more persons as watchers in each precinct and counting center for any election. 21 Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 22 more watchers for each precinct or counting center in the candidate's respective 23 district or the state for any election. Any organization or organized group that sponsors 24 or opposes an initiative, referendum, or recall may have one or more persons as 25 watchers at the polls and counting centers after first obtaining authorization from the 26 director. A state party chairperson, a precinct party committee, a party district 27 committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 28 ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 29 on duty at a time in any precinct or counting center. A watcher must be a United States 30 citizen. The watcher may be present at a position inside the place of voting or counting 31 that affords a full view of all action of the election officials taken from the time the 01 polls are opened until the ballots are finally counted and the results certified by the 02 election board or the data processing review board. The election board or the data 03 processing review board may require each watcher to present written proof showing 04 appointment by the precinct party committee, the party district committee, the 05 organization or organized group, or the candidate the watcher represents [THAT IS 06 SIGNED BY THE CHAIRPERSON OF THE PRECINCT PARTY COMMITTEE, 07 THE PARTY DISTRICT COMMITTEE, THE STATE PARTY CHAIRPERSON, 08 THE ORGANIZATION OR ORGANIZED GROUP, OR THE CANDIDATE 09 REPRESENTING NO PARTY]. 10 (b) In addition to the watchers appointed under (a) of this section, in a primary 11 election or [,] special primary election or special election under AS 15.40.140, [OR 12 SPECIAL RUNOFF ELECTION UNDER AS 15.40.141,] each candidate may 13 appoint one watcher in each precinct and counting center. 14  * Sec. 3. AS 15.13.020(b) is amended to read: 15 (b) The governor shall appoint two members of each of the two political 16 parties or political groups with the largest number of registered voters at the time  17 of [WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE HIGHEST 18 NUMBER OF VOTES IN] the most recent preceding general election at which a 19 governor was elected. The two appointees from each of these two parties or groups 20 shall be chosen from a list of four names to be submitted by the central committee of 21 each party or group. 22  * Sec. 4. AS 15.13.020(d) is amended to read: 23 (d) Members of the commission serve staggered terms of five years, or until a 24 successor is appointed and qualifies. The terms of no two members who are members 25 of the same political party or political group may expire in consecutive years. A 26 member may not serve more than one term. However, a person appointed to fill the 27 unexpired term of a predecessor may be appointed to a successive full five-year term. 28  * Sec. 5. AS 15.13.074(c) is amended to read: 29 (c) A person or group may not make a contribution 30 (1) to a candidate or an individual who files with the commission the 31 document necessary to permit that individual to incur certain election-related expenses 01 as authorized by AS 15.13.100 when the office is to be filled at a general election 02 before the date that is 18 months before the general election; 03 (2) to a candidate or an individual who files with the commission the 04 document necessary to permit that individual to incur certain election-related expenses 05 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 06 municipal election before the date that is 18 months before the date of the regular 07 municipal election or that is before the date of the proclamation of the special election 08 at which the candidate or individual seeks election to public office; or 09 (3) to any candidate later than the 45th day 10 (A) after the date of the primary or special primary election if 11 the candidate was [ON THE BALLOT AND WAS] not chosen to appear on  12 the general or special election ballot [NOMINATED] at the primary or  13 special primary election; or 14 (B) after the date of the general or special election, or after the 15 date of a municipal or municipal runoff election. 16  * Sec. 6. AS 15.13.110(f) is amended to read: 17 (f) During the year in which the election is scheduled, each of the following 18 shall file the campaign disclosure reports in the manner and at the times required by 19 this section: 20 (1) a person who, under the regulations adopted by the commission to 21 implement AS 15.13.100, indicates an intention to become a candidate for elective 22 state executive or legislative office; 23 (2) [A PERSON WHO HAS FILED A NOMINATING PETITION 24 UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 25 GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE 26 OFFICE; 27 (3)] a person who campaigns as a write-in candidate for elective state 28 executive or legislative office at the general election; and 29 (3) [(4)] a group or nongroup entity that receives contributions or 30 makes expenditures on behalf of or in opposition to a person described in (1) or (2) 31 [(1) - (3)] of this subsection, except as provided for certain independent expenditures 01 by nongroup entities in AS 15.13.135(a). 02  * Sec. 7. AS 15.13.400(4) is amended to read: 03 (4) "contribution" 04 (A) means a purchase, payment, promise or obligation to pay, 05 loan or loan guarantee, deposit or gift of money, goods, or services for which 06 charge is ordinarily made, and includes the payment by a person other than a 07 candidate or political party, or compensation for the personal services of 08 another person, that is rendered to the candidate or political party, and that is 09 made for the purpose of 10 (i) influencing the nomination or election of a 11 candidate; 12 (ii) influencing a ballot proposition or question; or 13 (iii) supporting or opposing an initiative proposal 14 application filed with the lieutenant governor under AS 15.45.020; 15 (B) does not include 16 (i) services provided without compensation by 17 individuals volunteering a portion or all of their time on behalf of a 18 political party, candidate, or ballot proposition or question; 19 (ii) ordinary hospitality in a home; 20 (iii) two or fewer mass mailings before each election by 21 each political party describing members of the party running as  22 candidates for public office in that election [THE PARTY'S SLATE 23 OF CANDIDATES FOR ELECTION], which may include 24 photographs, biographies, and information about the [PARTY'S] 25 candidates; 26 (iv) the results of a poll limited to issues and not 27 mentioning any candidate, unless the poll was requested by or designed 28 primarily to benefit the candidate; 29 (v) any communication in the form of a newsletter from 30 a legislator to the legislator's constituents, except a communication 31 expressly advocating the election or defeat of a candidate or a 01 newsletter or material in a newsletter that is clearly only for the private 02 benefit of a legislator or a legislative employee; 03 (vi) a fundraising list provided without compensation 04 by one candidate or political party to a candidate or political party; or 05 (vii) an opportunity to participate in a candidate forum provided to a candidate 06 without compensation to the candidate by another person and for which a candidate is 07 not ordinarily charged; 08  * Sec. 8. AS 15.15 is amended by adding a new section to read: 09 Sec. 15.15.005. Top two nonpartisan primary. A voter qualified under 10 AS 15.05 may cast a vote for any candidate for each elective state executive and state 11 and national legislative office, without limitations based on the political party or 12 political group preference or affiliation of either the voter or the candidate. 13  * Sec. 9. AS 15.15.030(5) is amended to read: 14 (5) The names of the candidates [AND THEIR PARTY 15 DESIGNATIONS] shall be placed in separate sections on the state general election 16 ballot under the office designation to which they were nominated. If a candidate has  17 indicated a political party or political group preference, the preference [THE 18 PARTY AFFILIATION, IF ANY,] shall be placed [DESIGNATED] after the name of 19 the candidate. When placed on the ballot, a candidate's preference, if any, shall be  20 prefaced with the word "prefers." If a candidate has requested to be designated  21 as nonpartisan or undeclared, that designation shall be placed after the name of  22 the candidate. If a candidate has not indicated a party or group preference and  23 has not requested to be designated as nonpartisan or undeclared, the candidate  24 shall be designated as undeclared. The lieutenant governor and the governor shall be 25 included under the same section. Provision shall be made for voting for write-in [AND 26 NO-PARTY] candidates within each section. Paper ballots for the state general 27 election shall be printed on white paper. 28  * Sec. 10. AS 15.15.030 is amended by adding new paragraphs to read: 29 (14) The director shall include the following statement on the ballot: 30 Each candidate for state office, United States senator, or United 31 States representative may state a political party or political group that 01 the candidate prefers. A candidate's preference does not imply that the 02 candidate is nominated or endorsed by the party or group or that the 03 party or group approves of or associates with that candidate. 04 (15) Instead of the statement provided by (14) of this section, when 05 candidates for President and Vice-President of the United States appear on a general 06 election ballot, the director shall include the following statement on the ballot: 07 Each candidate for state office, United States senator, or United 08 States representative may state a political party or group that the 09 candidate prefers. A candidate's preference does not imply that the 10 candidate is nominated or endorsed by the party or group or that the 11 party or group approves of or associates with that candidate. The 12 election for President and Vice-President of the United States is 13 different. Candidates for President and Vice-President are the official 14 nominees of their political party. 15  * Sec. 11. AS 15.15.060 is amended by adding a new subsection to read:  16 (e) In each polling place, the director shall require to be posted, in a location 17 conspicuous to a person who will be voting, the following notice, written in bold: 18 Each candidate for state office, United States senator, or United 19 States representative may state a political party or political group that 20 the candidate prefers. A candidate's stated preference does not imply 21 that the candidate is nominated or endorsed by the party or group or 22 that the party or group approves of or associates with that candidate. 23  * Sec. 12. AS 15.20.081(a) is amended to read: 24 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 25 or other electronic transmission to the director for an absentee ballot under this 26 section. Another individual may apply for an absentee ballot on behalf of a qualified 27 voter if that individual is designated to act on behalf of the voter in a written general 28 power of attorney or a written special power of attorney that authorizes the other 29 individual to apply for an absentee ballot on behalf of the voter. The application must 30 include the address or, if the application requests delivery of an absentee ballot by 31 electronic transmission, the telephone electronic transmission number, to which the 01 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 02 applicant's signature. However, a person residing outside the United States and 03 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 04 not include an Alaska residence address in the application. [A PERSON MAY 05 SUPPLY TO A VOTER AN ABSENTEE BALLOT APPLICATION FORM WITH 06 A POLITICAL PARTY OR GROUP AFFILIATION INDICATED ONLY IF THE 07 VOTER IS ALREADY REGISTERED AS AFFILIATED WITH THE POLITICAL 08 PARTY OR GROUP INDICATED. ONLY THE VOTER OR THE INDIVIDUAL 09 DESIGNATED BY THE VOTER IN A WRITTEN POWER OF ATTORNEY 10 UNDER THIS SUBSECTION MAY MARK THE VOTER'S CHOICE OF 11 PRIMARY BALLOT ON AN APPLICATION. A PERSON SUPPLYING AN 12 ABSENTEE BALLOT APPLICATION FORM MAY NOT DESIGN OR MARK 13 THE APPLICATION IN A MANNER THAT SUGGESTS CHOICE OF ONE 14 BALLOT OVER ANOTHER, EXCEPT THAT BALLOT CHOICES MAY BE 15 LISTED ON AN APPLICATION AS AUTHORIZED BY THE DIVISION.] The 16 application must be made on a form prescribed or approved by the director. The voter 17 or registration official shall submit the application directly to the division of elections. 18 For purposes of this subsection, "directly to the division of elections" means that an 19 application may not be submitted to any intermediary that could control or delay the 20 submission of the application to the division or gather data on the applicant from the 21 application form. However, nothing in this subsection is intended to prohibit a voter 22 from giving a completed absentee ballot application to a friend, relative, or associate 23 for transfer to the United States Postal Service or a private commercial delivery 24 service for delivery to the division. 25  * Sec. 13. AS 15.20.081(h) is amended to read: 26 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 27 from outside the United States or from an overseas voter qualifying under 28 AS 15.05.011 that has been marked and mailed not later than election day may not be 29 counted unless the ballot is received by the election supervisor not later than the close 30 of business on the 31 (1) 10th day following a primary election or special primary election 01 under AS 15.40.140; or 02 (2) 15th day following a general election [, SPECIAL RUNOFF 03 ELECTION,] or special election, other than a special primary election described in 04 (1) of this subsection. 05  * Sec. 14. AS 15.20.190(a) is amended to read: 06 (a) Thirty days before the date of an election, the election supervisors shall 07 appoint, in the same manner provided for the appointment of election officials 08 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 09 ballot counting boards, each composed of at least four members. At least one member 10 of each board must be a member of the same political party or political group with  11 the largest number of registered voters at the time of the preceding gubernatorial  12 election [OF WHICH THE GOVERNOR IS A MEMBER], and at least one member 13 of each board must be a member of the political party or political group with the  14 second largest number of registered voters at the time of [WHOSE CANDIDATE 15 FOR GOVERNOR RECEIVED THE SECOND LARGEST NUMBER OF VOTES 16 IN] the preceding gubernatorial election. The district boards shall assist the election 17 supervisors in counting the absentee and questioned ballots and shall receive the same 18 compensation paid election officials under AS 15.15.380. 19  * Sec. 15. AS 15.20.203(i) is amended to read: 20 (i) The director shall mail the materials described in (h) of this section to the 21 voter not later than 22 (1) 10 days after completion of the review of ballots by the state 23 review board for a primary election [,] or [FOR] a special primary election under 24 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 25 (2) 60 days after certification of the results of a general election [, 26 SPECIAL RUNOFF ELECTION,] or special election other than a special primary 27 election described in (1) of this subsection. 28  * Sec. 16. AS 15.20.203(j) is amended to read: 29 (j) The director shall make available through a free access system to each 30 absentee voter a system to check to see whether the voter's ballot was counted and, if 31 not counted, the reason why the ballot was not counted. The director shall make this 01 information available through the free access system not less than 02 (1) 10 days after certification of the results of a primary election [,] or 03 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 04 SPECIAL RUNOFF ELECTION]; and 05 (2) 30 days after certification of the results of a general or special 06 election, other than a special primary election described in (1) of this subsection. 07  * Sec. 17. AS 15.20.207(i) is amended to read: 08 (i) The director shall mail the materials described in (h) of this section to the 09 voter not later than 10 (1) 10 days after completion of the review of ballots by the state 11 review board for a primary election [,] or [FOR] a special primary election under 12 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 13 (2) 60 days after certification of the results of a general or special 14 election, other than a special primary election described in (1) of this subsection. 15  * Sec. 18. AS 15.20.207(k) is amended to read: 16 (k) The director shall make available through a free access system to each 17 voter voting a questioned ballot a system to check to see whether the voter's ballot was 18 counted and, if not counted, the reason why the ballot was not counted. The director 19 shall make this information available through the free access system not less than 20 (1) 10 days after certification of the results of a primary election [,] or 21 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 22 SPECIAL RUNOFF ELECTION]; and 23 (2) 30 days after [THE] certification of the results of a general or 24 special election, other than a special primary election described in (1) of this 25 subsection. 26  * Sec. 19. AS 15.20.211(d) is amended to read: 27 (d) The director shall mail the materials described in (c) of this section to the 28 voter not later than 29 (1) 10 days after completion of the review of ballots by the state 30 review board for a primary election [,] or [FOR] a special primary election under 31 AS 15.40.140 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION]; 01 (2) 60 days after certification of the results of a general or special 02 election, other than a special primary election described in (1) of this subsection. 03  * Sec. 20. AS 15.20.211(f) is amended to read: 04 (f) The director shall make available through a free access system to each 05 voter whose ballot was subject to partial counting under this section a system to check 06 to see whether the voter's ballot was partially counted and, if not counted, the reason 07 why the ballot was not counted. The director shall make this information available 08 through the free access system not less than 09 (1) 10 days after certification of the results of a primary election [,] or 10 a special primary election under AS 15.40.140 [THAT IS FOLLOWED BY A 11 SPECIAL RUNOFF ELECTION]; and 12 (2) 30 days after [THE] certification of the results of a general or 13 special election, other than a special primary election described in (1) of this 14 subsection. 15  * Sec. 21. AS 15.25.010 is amended to read: 16 Sec. 15.25.010. Provision for primary election. Candidates for the elective 17 state executive and state and national legislative offices shall be nominated in a 18 primary election by direct vote of the people in the manner prescribed by this chapter. 19 The primary election does not serve to determine the nominee of a political party  20 or political group but serves only to narrow the number of candidates whose  21 names will appear on the ballot at the general election to the two candidates who  22 receive the greatest number of votes and the second greatest number of votes for  23 any office [THE DIRECTOR SHALL PREPARE AND PROVIDE A PRIMARY 24 ELECTION BALLOT FOR EACH POLITICAL PARTY. A VOTER REGISTERED 25 AS AFFILIATED WITH A POLITICAL PARTY MAY VOTE THAT PARTY'S 26 BALLOT. A VOTER REGISTERED AS NONPARTISAN OR UNDECLARED 27 RATHER THAN AS AFFILIATED WITH A PARTICULAR POLITICAL PARTY 28 MAY VOTE THE POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE 29 UNLESS PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER 30 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE 31 THE BALLOT OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO 01 DO SO UNDER AS 15.25.014]. 02  * Sec. 22. AS 15.25.030(a) is amended to read: 03 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 04 candidate [OF THE PARTY] in the primary election or a special primary election 05 shall execute and file a declaration of candidacy. The declaration shall be executed 06 under oath before an officer authorized to take acknowledgments and must state in 07 substance 08 (1) the full name of the candidate; 09 (2) the full mailing address of the candidate; 10 (3) if the candidacy is for the office of state senator or state 11 representative, the house or senate district of which the candidate is a resident; 12 (4) the office for which the candidate seeks nomination; 13 (5) the [NAME OF THE] political party or political group  14 preference, or nonpartisan or undeclared designation, if any, that the candidate  15 would like placed after the candidate's name on the ballot [OF WHICH THE 16 PERSON IS A CANDIDATE FOR NOMINATION]; 17 (6) the full residence address of the candidate, and the date on which 18 residency at that address began; 19 (7) the date of the primary election or special primary election at 20 which the candidate seeks nomination; 21 (8) the length of residency in the state and in the district of the 22 candidate; 23 (9) that the candidate will meet the specific citizenship requirements of 24 the office for which the person is a candidate; 25 (10) that the candidate is a qualified voter as required by law; 26 (11) that the candidate will meet the specific age requirements of the 27 office for which the person is a candidate; if the candidacy is for the office of state 28 representative, that the candidate will be at least 21 years of age on the first scheduled 29 day of the first regular session of the legislature convened after the election; if the 30 candidacy is for the office of state senator, that the candidate will be at least 25 years 31 of age on the first scheduled day of the first regular session of the legislature convened 01 after the election; if the candidacy is for the office of governor or lieutenant governor, 02 that the candidate will be at least 30 years of age on the first Monday in December 03 following election or, if the office is to be filled by special election under 04 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 05 date of certification of the results of the special election; or, for any other office, by 06 the time that the candidate, if elected, is sworn into office; 07 (12) that the candidate requests that the candidate's name be placed on 08 the primary or special primary election ballot; 09 (13) that the required fee accompanies the declaration; 10 (14) that the person is not a candidate for any other office to be voted 11 on at the primary or general election and that the person is not a candidate for this 12 office under any other declaration of candidacy or nominating petition; and  13 (15) the manner in which the candidate wishes the candidate's name to 14 appear on the ballot [; AND 15 (16) THAT THE CANDIDATE IS REGISTERED TO VOTE AS A 16 MEMBER OF THE POLITICAL PARTY WHOSE NOMINATION IS BEING 17 SOUGHT]. 18  * Sec. 23. AS 15.25.040(a) is amended to read: 19 (a) The declaration is filed by either 20 (1) the actual physical delivery of the declaration in person or by mail 21 at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is 22 held for the office; or 23 (2) reliable electronic transmission of a copy in substance of the 24 statements made in paragraphs (1) - (5) of the declaration as required by 25 AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a 26 general election is held for the office and also the actual physical delivery of the 27 declaration containing paragraphs (1) - (15) [(16)] as required by AS 15.25.030(a) by 28 mail that is received not more than 15 days after that time. 29  * Sec. 24. AS 15.25.060 is repealed and reenacted to read: 30 Sec. 15.25.060. Preparation and distribution of ballots. The primary 31 election ballots shall be prepared and distributed by the director in the manner 01 prescribed for general election ballots except as specifically provided otherwise for the 02 primary election. The director shall prepare and provide a primary election ballot that 03 contains all of the candidates for elective state executive and state and national 04 legislative offices and all of the ballot titles and propositions required to appear on the 05 ballot at the primary election. The director shall print the ballots on white paper and 06 place the names of all candidates who have properly filed in groups according to 07 offices. The order of the placement of the names for each office shall be as provided 08 for the general election ballot. Blank spaces may not be provided on the ballot for the 09 writing or pasting in of names. 10  * Sec. 25. AS 15.25.100 is repealed and reenacted to read: 11 Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 12 the names of candidates that appear on the primary election ballot under 13 AS 15.25.010, the director shall place on the general election ballot only the names of 14 the candidates receiving the greatest number of votes and the second greatest number 15 of votes for an office, except as provided in (b) and (c) of this section. 16 (b) If two candidates tie 17 (1) in having the greatest number of votes for an office in the primary 18 election, the director shall place only the names of those two candidates for that office 19 on the general election ballot; 20 (2) in having the second greatest number of votes for an office in the 21 primary election, the director shall place on the general election ballot the name of 22 only one of the candidates who tied for that office, to be determined by lot under 23 AS 15.20.530. 24 (c) For the office of lieutenant governor, the director shall place on the general 25 election ballot, together with the name of the candidate for governor who received 26 (1) the greatest number of votes in the primary election, the name of 27 either the candidate for lieutenant governor receiving the greatest number of votes or 28 the candidate for lieutenant governor receiving the second greatest number of votes, 29 whichever the candidate for governor chooses to run with jointly; and 30 (2) the second greatest number of votes in the primary election, the 31 name of either the candidate for lieutenant governor receiving the greatest number of 01 votes or the candidate for lieutenant governor receiving the second greatest number of 02 votes, whichever was not chosen to run jointly with the candidate for governor who 03 received the greatest number of votes. 04  * Sec. 26. AS 15.25.105(a) is amended to read: 05 (a) If a candidate does not appear on the primary election ballot or is not 06 successful in advancing to the general election and wishes to be a candidate in the 07 general election, the candidate may file as a write-in candidate. Votes for a write-in 08 candidate may not be counted unless that candidate has filed a letter of intent with the 09 director stating 10 (1) the full name of the candidate; 11 (2) the full residence address of the candidate and the date on which 12 residency at that address began; 13 (3) the full mailing address of the candidate; 14 (4) the [NAME OF THE] political party or political group, or  15 nonpartisan or undeclared designation, if any, that the candidate prefers [OF 16 WHICH THE CANDIDATE IS A MEMBER, IF ANY]; 17 (5) if the candidate is for the office of state senator or state 18 representative, the house or senate district of which the candidate is a resident; 19 (6) the office that the candidate seeks; 20 (7) the date of the election at which the candidate seeks election; 21 (8) the length of residency in the state and in the house district of the 22 candidate; 23 (9) the name of the candidate as the candidate wishes it to be written 24 on the ballot by the voter; 25 (10) that the candidate meets the specific citizenship requirements of 26 the office for which the person is a candidate; 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 is a qualified voter as required by law; and 09 (13) that the candidate is not a candidate for any other office to be 10 voted on at the general election and that the candidate is not a candidate for this office 11 under any other nominating petition or declaration of candidacy. 12  * Sec. 27. AS 15.25.105(b) is amended to read: 13 (b) If a write-in candidate is running for the office of governor, the candidate 14 must file a joint letter of intent together with a candidate for lieutenant governor. 15 [BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 16 GROUP.] 17  * Sec. 28. AS 15.40.140 is amended to read: 18 Sec. 15.40.140. Condition of calling special primary election and special  19 election. When a vacancy occurs in the office of United States senator or United 20 States representative, the governor shall, by proclamation, call a special primary 21 election to be held on a date not less than 60, nor more than 90, days after the  22 date the vacancy occurs, to be followed by a special election on the first Tuesday  23 that is not a state holiday occurring not less than 60 days after the special  24 primary election [UNDER AS 15.40.142(a)]. However, in an election year in which  25 a candidate for that office is not regularly elected, if the vacancy occurs on a date 26 that is not less than 60, nor more than 90, days before [OR IS ON OR AFTER] the 27 date of 28 (1) the primary election [IN THE GENERAL ELECTION YEAR 29 DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 30 ELECTED], the [GOVERNOR MAY NOT CALL A] special primary election shall  31 be held on the date of the primary election with the subsequent special election to  01 be held on the date of the general election; or  02 (2) the general election, the special primary election shall be held  03 on the date of the general election with the subsequent special election to be held  04 on the first Tuesday that is not a state holiday occurring not less than 60 days  05 after the special primary and general election. 06  * Sec. 29. AS 15.40.160 is amended to read: 07 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 08 calling the special primary election and special election at least 50 days before the 09 [(1)] special primary election [; AND 10 (2) IF A SPECIAL RUNOFF ELECTION IS REQUIRED UNDER 11 AS 15.40.141(a), SPECIAL RUNOFF ELECTION]. 12  * Sec. 30. AS 15.40.165 is amended to read: 13 Sec. 15.40.165. Term of elected senator. At the special election, [OR, AS 14 PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a United 15 States senator shall be elected to fill the remainder of the unexpired term. The person 16 elected shall take office on the date the United States Senate meets, convenes, or 17 reconvenes following the certification of the results of the special election [OR 18 SPECIAL RUNOFF ELECTION] by the director. 19  * Sec. 31. AS 15.40.170 is amended to read: 20 Sec. 15.40.170. Term of elected representative. At the special election, [OR, 21 AS PROVIDED BY AS 15.40.141, AT THE SPECIAL RUNOFF ELECTION,] a 22 United States representative shall be elected to fill the remainder of the unexpired 23 term. The person elected shall take office on the date the United States house of 24 representatives meets, convenes, or reconvenes following the certification of the 25 results of the special election [OR SPECIAL RUNOFF ELECTION] by the director. 26  * Sec. 32. AS 15.40.190 is amended to read: 27 Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates.  28 Petitions for the nomination of candidates must be executed under oath and [NOT 29 REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 30 VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 31 OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING 01 GENERAL ELECTION AND SHALL] state in substance that which is required for a  02 declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 03 AS 15.25.180]. 04  * Sec. 33. AS 15.40.220 is amended to read: 05 Sec. 15.40.220. General provisions for conduct of the special primary  06 election and special [RUNOFF] election. Unless specifically provided otherwise, all 07 provisions regarding the conduct of the primary election and general election shall 08 govern the conduct of the special primary election and [THE] special [RUNOFF] 09 election of the United States senator or United States representative, including 10 provisions concerning voter qualifications; provisions regarding the duties, powers, 11 rights, and obligations of the director, of other election officials, and of municipalities; 12 provision for notification of the election; provision for payment of election expenses; 13 provisions regarding employees being allowed time from work to vote; provisions for 14 the counting, reviewing, and certification of returns; [PROVISION FOR RUNNING 15 AS, VOTING FOR, AND COUNTING BALLOTS FOR A WRITE-IN 16 CANDIDATE;] provisions for the determination of the votes and of recounts, 17 contests, and appeal; and provision for absentee voting. 18  * Sec. 34. AS 15.40.230 is amended to read: 19 Sec. 15.40.230. Condition and time of calling special primary election and  20 special election. When a person appointed to succeed to the office of lieutenant 21 governor succeeds to the office of acting governor, the acting governor shall, by 22 proclamation, call a special primary election to be held on a date not less than 60, nor 23 more than 90, days after the date the vacancy in the office of the governor occurred 24 and a subsequent special election to be held on the first Tuesday that is not a state  25 holiday occurring not less than 60 days after the special primary election. 26 However, if the vacancy occurs on a date that is less than 60 days before or is on or 27 after the date of the primary election in years in which a governor is regularly elected, 28 the acting governor shall serve the remainder of the unexpired term and may not call a 29 special election. 30  * Sec. 35. AS 15.40.240 is amended to read: 31 Sec. 15.40.240. Conditions for holding special primary election and special  01 election with primary or general election. If the vacancy occurs on a date not less 02 than 60, nor more than 90, days before the date of the primary election in an election  03 year in which a governor is not regularly elected, the acting governor shall, by  04 proclamation, call the special primary election to be held on the date of the  05 primary election and the special election to be held on the date of the general  06 election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 07 if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 08 of the [PRIMARY ELECTION OR] general election in election years in which a 09 governor is not regularly elected, the acting governor shall, by proclamation, call the 10 special primary election to be held on the date of the [PRIMARY ELECTION OR] 11 general election with the subsequent special election to be held on the first  12 Tuesday that is not a state holiday occurring not less than 60 days after the  13 special primary and general election. 14  * Sec. 36. AS 15.40.250 is amended to read: 15 Sec. 15.40.250. Proclamation of special primary election and special  16 election. The acting governor shall issue the proclamation calling the special  17 primary election and special election at least 50 days before the special primary 18 election. 19  * Sec. 37. AS 15.40.280 is amended to read: 20 Sec. 15.40.280. Requirements of petition for [NO-PARTY] candidates.  21 Petitions for the nomination of candidates must [NOT REPRESENTING A 22 POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 23 STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 24 OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 25 ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 26 AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 27 required for a declaration of candidacy under AS 15.25.030 [NOMINATION 28 PETITIONS BY AS 15.25.180]. 29  * Sec. 38. AS 15.40.310 is amended to read: 30 Sec. 15.40.310. General provisions for conduct of the special primary  31 election and special election. Unless specifically provided otherwise, all provisions 01 regarding the conduct of the primary and general election shall govern the conduct of 02 the special primary election and special election of the governor and lieutenant 03 governor, including provisions concerning voter qualifications; provisions regarding 04 the duties, powers, rights, and obligations of the director, of other election officials, 05 and of municipalities; provision for notification of the election; provision for payment 06 of election expenses; provisions regarding employees being allowed time from work 07 to vote; provisions for the counting, reviewing, and certification of returns; provisions 08 for the determination of the votes and of recounts, contests, and appeal; and provision 09 for absentee voting. 10  * Sec. 39. AS 15.40.330 is amended to read: 11 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 12 appointee shall meet the qualifications of a member of the legislature as prescribed in 13 sec. 2, art. II, of the state constitution, and, if the predecessor in office was a  14 member of a political party or political group at the time of the vacancy, (1) shall 15 be a member of the same political party or political group as [THAT WHICH 16 NOMINATED] the predecessor in office; [,] and (2) shall be subject to confirmation 17 by a majority of the members of the legislature who are members of the same political 18 party or political group as [WHICH NOMINATED] the predecessor in office and of 19 the same house as was the predecessor in office. If the predecessor in office was not a  20 member of [NOMINATED BY] a political party or political group at the time of  21 the vacancy or, if no other member of the predecessor's political party or political  22 group is a member of the predecessor's house of the legislature, the governor may 23 appoint any qualified person. If the appointee is not a member of a political party or  24 political group, as provided in (b) of this section, the appointment is not subject to 25 confirmation. If the appointee is a member of a political party or political group, the 26 appointment is subject to confirmation as provided by (b) of this section for the 27 confirmation of political party or political group appointees. 28 (b) A member of a political party or political group is a person who supports 29 the political program of a political party or political group. The absence of a stated  30 political party or political group preference after a candidate's name on an  31 election ballot [FILING FOR OFFICE OF A CANDIDATE AS AN INDEPENDENT 01 OR NO-PARTY CANDIDATE] does not preclude a candidate from being a member 02 of a political party or political group. Recognition of a [AN INDEPENDENT OR 03 NO-PARTY] candidate as a member of a political party or political group caucus of 04 members of the legislature at the legislative session following the election of the 05 [INDEPENDENT OR NO-PARTY] candidate is recognition of that person's political 06 party or political group membership for the purposes of confirmation under this  07 section [AT THE TIME FILINGS WERE MADE BY PARTY CANDIDATES FOR 08 THE PRECEDING GENERAL ELECTION]. 09  * Sec. 40. AS 15.40.380 is amended to read: 10 Sec. 15.40.380. Conditions for part-term senate appointment and special  11 election. If the vacancy is for an unexpired senate term of more than two years and 12 five full calendar months, the governor shall call a special primary election and a  13 special election by proclamation, and the appointment shall expire on the date the 14 state senate first convenes or reconvenes following the certification of the results of 15 the special election by the director. 16  * Sec. 41. AS 15.40.390 is amended to read: 17 Sec. 15.40.390. Date of special primary election and special election. The 18 special primary election to fill a vacancy in the state senate shall be held on the date 19 of the first primary [GENERAL] election held more than 60 days [THREE FULL 20 CALENDAR MONTHS] after the senate vacancy occurs, and the special election  21 shall be held on the date of the first general election thereafter. 22  * Sec. 42. AS 15.40.400 is amended to read: 23 Sec. 15.40.400. Proclamation of special primary election and special  24 election. The governor shall issue the proclamation calling the special primary  25 election and special election at least 50 days before the special primary election. 26  * Sec. 43. AS 15.40.440 is amended to read: 27 Sec. 15.40.440. Requirements of petition for [NO-PARTY] candidates.  28 Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 29 PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 30 AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 31 BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 01 DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 02 PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 03 DISTRICT, AND] must state in substance that which is required in a declaration of  04 candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 05 AS 15.25.180]. 06  * Sec. 44. AS 15.40.470 is amended to read: 07 Sec. 15.40.470. General provision for conduct of the special primary  08 election and special election. Unless specifically provided otherwise, all provisions 09 regarding the conduct of the primary election and general election shall govern the 10 conduct of the special primary election and special election of state senators, 11 including provisions concerning voter qualifications; provisions regarding the duties, 12 powers, rights, and obligations of the director, of other election officials, and of 13 municipalities; provision for notification of the election; provision for payment of 14 election expenses; provisions regarding employees being allowed time from work to 15 vote; provisions for the counting, reviewing, and certification of returns; provisions for 16 the determination of the votes and of recounts, contests, and appeal; and provision for 17 absentee voting. 18  * Sec. 45. AS 15.45.190 is amended to read: 19 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 20 direct the director to place the ballot title and proposition on the election ballot of the 21 first statewide general, special, special primary [RUNOFF], or primary election that 22 is held after 23 (1) the petition has been filed; 24 (2) a legislative session has convened and adjourned; and 25 (3) a period of 120 days has expired since the adjournment of the 26 legislative session. 27  * Sec. 46. AS 15.45.420 is amended to read: 28 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 29 direct the director to place the ballot title and proposition on the election ballot for the 30 first statewide general, special, special primary [RUNOFF], or primary election held 31 more than 180 days after adjournment of the legislative session at which the act was 01 passed. 02  * Sec. 47. AS 15.58.010 is amended to read: 03 Sec. 15.58.010. Election pamphlet. Before each state general election, and 04 before each state primary, special, or special primary [RUNOFF] election at which a 05 ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 06 prepare, publish, and mail at least one election pamphlet to each household identified 07 from the official registration list. The pamphlet shall be prepared on a regional basis as 08 determined by the lieutenant governor. 09  * Sec. 48. AS 15.58.020(a) is amended by adding a new paragraph to read: 10 (13) the following statement written in bold in a conspicuous location: 11 In each race, you may vote for any candidate listed. If a primary 12 election was held for a state office, United States senator, or United 13 States representative, the two candidates who received the most votes 14 for the office in the primary advanced to the general election. 15 Each candidate may state a political party or political group that 16 the candidate prefers. A candidate's stated preference for a political 17 party or political group on a ballot does not imply that the candidate is 18 nominated or endorsed by the party or political group or that the party 19 or group approves of or associates with that candidate. 20  * Sec. 49. AS 15.58.020(b) is amended to read: 21 (b) Each primary, special, or special primary [RUNOFF] election pamphlet 22 shall contain only the information specified in (a)(6) and (a)(9) of this section for each 23 ballot measure scheduled to appear on the primary, special, or special primary 24 [RUNOFF] election ballot. 25  * Sec. 50. AS 15.58.020 is amended by adding a new subsection to read: 26 (c) Notwithstanding (a) of this section, instead of the statement provided by 27 (a)(13) of this section, 28 (1) a primary election pamphlet, if prepared and published under 29 AS 15.58.010, must contain the following statement written in bold in a conspicuous 30 location: 31 In each race, you may vote for any candidate listed. The two 01 candidates who receive the most votes for a state office, United States 02 senator, or United States representative will advance to the general 03 election. 04 Each candidate may state a political party or political group that 05 the candidate prefers. A candidate's stated preference for a political 06 party or political group on a ballot does not imply that the candidate is 07 nominated or endorsed by the party or group or that the party or group 08 approves of or associates with that candidate; 09 (2) a special primary election pamphlet, if prepared and published 10 under AS 15.58.010, must contain the following statement written in bold in a 11 conspicuous location: 12 In each race, you may vote for any candidate listed. The two 13 candidates who receive the most votes for a state office or United 14 States senator will advance to the special election. 15 Each candidate may state a political party or political group that 16 the candidate prefers. A candidate's stated preference for a political 17 party or political group on a ballot does not imply that the candidate is 18 nominated or endorsed by the party or group or that the party or group 19 approves of or associates with that candidate. 20  * Sec. 51. AS 15.58.030(b) is amended to read: 21 (b) Not [NO] later than July 22 of a year in which a state general election will 22 be held, an individual who becomes a candidate for the office of United States senator, 23 United States representative, governor, lieutenant governor, state senator, or state 24 representative under AS 15.25.030 [OR 15.25.180] may file with the lieutenant 25 governor a photograph and a statement advocating the candidacy. [AN INDIVIDUAL 26 WHO BECOMES A CANDIDATE FOR THE OFFICE OF UNITED STATES 27 SENATOR, UNITED STATES REPRESENTATIVE, GOVERNOR, LIEUTENANT 28 GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE BY PARTY 29 PETITION FILED UNDER AS 15.25.110 MAY FILE WITH THE LIEUTENANT 30 GOVERNOR A PHOTOGRAPH AND A STATEMENT ADVOCATING THE 31 CANDIDACY WITHIN 10 DAYS OF BECOMING A CANDIDATE.] 01  * Sec. 52. AS 15.80.008(a) is amended to read: 02 (a) A political group that the director has not recognized as a political party 03 may obtain recognized political party status if, on or before May 31 of the election 04 year for which the political group seeks recognition, the political group 05 (1) files an application with the director; and  06 (2) [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED 07 STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES 08 IN AS 15.25.014; AND 09 (3)] meets the definition of a political party in AS 15.80.010. 10  * Sec. 53. AS 15.80.010(9) is amended to read: 11 (9) "federal election" means a general, special, special primary 12 [RUNOFF], or primary election held solely or in part for the purpose of selecting, 13 nominating, or electing a candidate for the office of President, Vice-President, 14 presidential elector, United States senator, or United States representative; 15  * Sec. 54. AS 15.80.010(27) is amended to read: 16 (27) "political party" means an organized group of voters that 17 represents a political program and 18 (A) that [NOMINATED A CANDIDATE FOR GOVERNOR 19 WHO RECEIVED AT LEAST THREE PERCENT OF THE TOTAL VOTES 20 CAST FOR GOVERNOR AT THE PRECEDING GENERAL ELECTION 21 OR] has registered voters in the state equal in number to at least three percent 22 of the total votes cast for governor at the preceding general election; 23 (B) if the office of governor was not on the ballot at the 24 preceding general election but the office of United States senator was on that 25 ballot, that [NOMINATED A CANDIDATE FOR UNITED STATES 26 SENATOR WHO RECEIVED AT LEAST THREE PERCENT OF THE 27 TOTAL VOTES CAST FOR UNITED STATES SENATOR AT THAT 28 GENERAL ELECTION OR] has registered voters in the state equal in number 29 to at least three percent of the total votes cast for United States senator at that 30 general election; or 31 (C) if neither the office of governor nor the office of United 01 States senator was on the ballot at the preceding general election, that 02 [NOMINATED A CANDIDATE FOR UNITED STATES 03 REPRESENTATIVE WHO RECEIVED AT LEAST THREE PERCENT OF 04 THE TOTAL VOTES CAST FOR UNITED STATES REPRESENTATIVE 05 AT THAT GENERAL ELECTION OR] has registered voters in the state equal 06 in number to at least three percent of the total votes cast for United States 07 representative at that general election; 08  * Sec. 55. AS 39.50.020(b) is amended to read: 09 (b) A public official or former public official other than an elected or 10 appointed municipal officer shall file the statement with the Alaska Public Offices 11 Commission. Candidates for the office of governor and lieutenant governor and, if the 12 candidate is not subject to AS 24.60, the legislature shall file the statement under 13 AS 15.25.030 [OR 15.25.180]. Municipal officers, former municipal officers, and 14 candidates for elective municipal office, shall file with the municipal clerk or other 15 municipal official designated to receive their filing for office. All statements required 16 to be filed under this chapter are public records. 17  * Sec. 56. AS 15.13.110(j); AS 15.25.014, 15.25.056, 15.25.110, 15.25.120, 15.25.130, 18 15.25.140, 15.25.150, 15.25.160, 15.25.170, 15.25.180, 15.25.185, 15.25.190, 15.25.200; 19 AS 15.40.141, 15.40.142, 15.40.145, 15.40.150, 15.40.200, 15.40.210, 15.40.290, 15.40.300, 20 15.40.450, 15.40.460; AS 15.56.030(a)(4), 15.56.030(a)(5), 15.56.035(a)(5), and 21 15.56.035(a)(6) are repealed. 22  * Sec. 57. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 25 ELECTION SYSTEMS THROUGH ADOPTION OF A TOP TWO NONPARTISAN 26 PRIMARY. (a) For a period of not less than one full election cycle immediately following the 27 effective date of this Act, the director of elections shall, in a manner reasonably calculated to 28 educate the public, inform voters of the changes made to the state's election systems in this 29 Act. 30 (b) In this section, "election cycle" means the 24-month period commencing on 31 January 1 of odd-numbered years and ending on December 31 of even-numbered years.