HB 224: "An Act establishing, for purposes of administration of state elections, the category of permanent absentee voter, authorizing registration of voters as permanent absentee voters, eliminating the requirement of application for absentee ballots by qualified voters whom the division of elections has determined are permanent absentee voters, directing the division of elections to mail absentee ballots to permanent absentee voters, and annulling the current administrative regulation applicable to a person designated as permanent absentee voter."
00HOUSE BILL NO. 224 01 "An Act establishing, for purposes of administration of state elections, the 02 category of permanent absentee voter, authorizing registration of voters as 03 permanent absentee voters, eliminating the requirement of application for absentee 04 ballots by qualified voters whom the division of elections has determined are 05 permanent absentee voters, directing the division of elections to mail absentee 06 ballots to permanent absentee voters, and annulling the current administrative 07 regulation applicable to a person designated as permanent absentee voter." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. PURPOSE. The purpose of this Act is 10 (1) to codify, with modifications, the provisions of 6 AAC 25.650, a regulation 11 that establishes a class of voters known as permanent absentee voters; and 12 (2) to direct that absentee ballots, rather than absentee ballot applications, be 13 mailed to these voters in all state elections. 14 * Sec. 2. AS 15.07 is amended by adding a new section to read:
01 Sec. 15.07.145. REGISTRATION IDENTIFYING VOTER AS A 02 PERMANENT ABSENTEE VOTER. The director shall maintain the list of registered 03 voters so that the names of persons who are qualified as permanent absentee voters 04 under AS 15.20.025 may be readily identified. 05 * Sec. 3. AS 15.20.010 is amended to read: 06 Sec. 15.20.010. PERSONS WHO MAY VOTE ABSENTEE. At any election, 07 a qualified voter may vote an absentee ballot for the district in which the voter resides 08 and is registered if the voter 09 (1) believes that the voter will be unavoidably absent from the proper 10 voting precinct on election day, whether inside the state or not; [OR] 11 (2) will be unable to be present at the polls because of physical 12 disability; or 13 (3) is qualified as a permanent absentee voter under AS 15.20.025 14 [REPEALED]. 15 * Sec. 4. AS 15.20 is amended by adding a new section to read: 16 Sec. 15.20.025. PERMANENT ABSENTEE VOTER. The director or an 17 election supervisor shall designate a person as a permanent absentee voter if the person 18 is a qualified voter under AS 15.05.010 and if 19 (1) the director or the election supervisor determines that 20 (A) the voter resides in a remote area in the state where 21 distance, terrain, or other natural conditions deny the voter reasonable access 22 to the voter's polling place; 23 (B) the voter resides in an institution in the state serving the 24 aged, disabled, or handicapped as the voter's permanent residence; or 25 (C) the voter is a prisoner in a correctional facility in the state, 26 unless the prisoner has lost the right to vote under AS 15.05.030; or 27 (2) the voter is otherwise unable to go to the voter's polling place 28 because of age, disability, or handicap, and has requested in writing that the director 29 or election supervisor designate the voter as a permanent absentee voter. 30 * Sec. 5. AS 15.20 is amended by adding a new section to read: 31 Sec. 15.20.085. VOTING BY MAIL BY PERMANENT ABSENTEE
01 VOTERS. (a) Except as provided in (b) of this section, for each state primary, 02 general, and special election, and each other election for which the state has 03 responsibility for the conduct of the election, the director or an election supervisor 04 shall send an absentee ballot to each voter designated as a permanent absentee voter 05 under AS 15.20.025 whose name appears on the official registration list prepared under 06 AS 15.07.125 and 15.07.145 for that election and who is otherwise qualified to vote 07 in that election. The ballot shall be sent to the permanent mailing address set out on 08 the official registration list unless the voter has notified the director or an election 09 supervisor of a different address to which the ballot should be sent. The director shall 10 send the ballots 11 (1) by first class, nonforwardable mail; and 12 (2) not later than the 15th day before the election. 13 (b) Nothing in this section requires the director to send an absentee ballot 14 under (a) of this section to a permanent absentee voter after the director receives actual 15 notice that mail sent to the voter's permanent mailing address or to a different address 16 provided by a voter under (a) of this section is undeliverable to the voter at the 17 address. 18 (c) A permanent absentee voter to whom a ballot is provided under (a) of this 19 section may cast the ballot under AS 15.20.081(d) and (e). 20 (d) The director shall review ballots voted under this section under procedures 21 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. 22 (e) Nothing in this section limits a voter's eligibility to vote 23 (1) in person at a precinct under AS 15.15.195 or 15.15.198; 24 (2) in person before an absentee voting official under AS 15.20.061; 25 or 26 (3) through a personal representative under AS 15.20.071. 27 * Sec. 6. 6 AAC 25.650 is annulled.