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HB 346: "An Act amending the Alaska Election Code and the Alaska Uniform Vehicle Code to conform them to the requirements of the `National Voter Registration Act of 1993,' federal legislation requiring the states to alter their voter registration and election practices as they may relate to elections to federal office, and making related amendments; relating to public and confidential records of agencies operating under the Alaska Election Code; and directing appropriate state officials to initiate administrative preclearance review or to seek judicial approval of the amendments made by this Act as required by relevant provisions of the Voting Rights Act of 1965; and providing for an effective date."

00HOUSE BILL NO. 346 01 "An Act amending the Alaska Election Code and the Alaska Uniform Vehicle 02 Code to conform them to the requirements of the `National Voter Registration 03 Act of 1993,' federal legislation requiring the states to alter their voter 04 registration and election practices as they may relate to elections to federal office, 05 and making related amendments; relating to public and confidential records of 06 agencies operating under the Alaska Election Code; and directing appropriate state 07 officials to initiate administrative preclearance review or to seek judicial approval 08 of the amendments made by this Act as required by relevant provisions of the 09 Voting Rights Act of 1965; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 15.07.060(a) is amended to read: 12 (a) The director shall prepare and distribute a form by which a person 13 may register or reregister to vote. Unless the director determines to use only the 14 form application prepared by the Federal Election Commission under Sec. 6(a)

01 of the National Voter Registration Act of 1993 as the voter registration or 02 reregistration form, or unless a provision of the National Voter Registration Act 03 of 1993 requires the director to use a different form or requires the director to 04 refrain from obtaining the information, the form prepared by the director must 05 require each [EACH] applicant who requests registration or reregistration to [SHALL] 06 supply the following information [UNDER OATH]: 07 (1) name and sex; 08 (2) address and other necessary information establishing residence, 09 including the term of residence in the state and in the district, if requested; 10 (3) whether the applicant has previously been registered to vote in 11 another jurisdiction, and, if so, the jurisdiction and the address of the previous 12 registration; 13 (4) a declaration that the registrant will be 18 years of age or older 14 within 90 days of the date or registration; 15 (5) a declaration that the registrant is a citizen of the United States; 16 (6) date of application; 17 (7) signature or mark; 18 (8) other information that may be required by federal law. 19 * Sec. 2. AS 15.07.060(d) is amended to read: 20 (d) If the director prepares a form for registration or reregistration under 21 (a) of this section, the form prepared by the director must require that, if an 22 applicant requests reregistration, the applicant shall supply [UNDER OATH] any 23 former name under which the applicant was registered to vote in the state. 24 * Sec. 3. AS 15.07.064(a) is amended to read: 25 (a) A voter requesting registration or reregistration shall, in the manner that 26 the director by regulation may require, provide the director with sufficient 27 information to determine 28 (1) the location of the residence of the voter within the district; 29 (2) the precinct in which the voter is qualified to vote; and 30 (3) the other local or regional election jurisdictions in which the voter 31 is eligible to vote.

01 * Sec. 4. AS 15.07 is amended by adding a new section to read: 02 Sec. 15.07.067. GENERAL REQUIREMENTS WITH RESPECT TO VOTER 03 REGISTRATION. Every form developed for use for the registration or reregistration 04 of a voter under this chapter must include 05 (1) information to persons about voter eligibility requirements; and 06 (2) a notice to persons about the penalties for the submission of a voter 07 registration application that contains a material false statement. 08 * Sec. 5. AS 15.07.070(b) is amended to read: 09 (b) To register or reregister by mail, the director or the area election 10 supervisor shall furnish, upon request, and at no cost to the person seeking to register 11 or reregister [VOTER], forms prepared by the director. The [ON WHICH THE] 12 registration information required by the form [UNDER AS 15.07.060] shall be 13 inserted by the person making application [VOTER,] or by another [A] person on 14 behalf of the person making application [VOTER] if the person making application 15 [VOTER] is physically incapacitated. Execution of the form [THE FORMS SHALL 16 BE EXECUTED BEFORE A NOTARY PUBLIC, A COMMISSIONED OFFICER OF 17 THE ARMED FORCES INCLUDING THE NATIONAL GUARD, A DISTRICT 18 JUDGE OR MAGISTRATE, A UNITED STATES POSTAL OFFICIAL, OR OTHER 19 PERSON QUALIFIED TO ADMINISTER OATHS. IF NONE OF THE OFFICIALS 20 LISTED IN THIS SUBSECTION IS REASONABLY ACCESSIBLE, THE PERSON] 21 shall be [HAVE THE FORMS] witnessed by two persons over the age of 18 years, 22 and, in addition, the person making application for registration or reregistration 23 shall provide the certification required by AS 09.63.020. The director may require 24 proof of identification of the applicant as required by regulations adopted by the 25 director under AS 44.62 (Administrative Procedure Act) [THE ADMINISTRATIVE 26 PROCEDURE ACT (AS 44.62). UPON RECEIPT AND APPROVAL OF THE 27 COMPLETED REGISTRATION FORMS THE DIRECTOR OR THE ELECTION 28 SUPERVISOR SHALL FORWARD TO THE VOTER AN ACKNOWLEDGMENT 29 IN THE FORM OF A REGISTRATION CARD, AND THE VOTER'S NAME 30 SHALL IMMEDIATELY BE PLACED ON THE MASTER REGISTER LOCATED 31 IN THE OFFICE OF THE DIRECTOR AND ON THE DISTRICT REGISTER

01 LOCATED IN THE OFFICE OF THE ELECTION SUPERVISOR. IF THE 02 REGISTRATION IS DENIED, THE VOTER SHALL IMMEDIATELY BE 03 INFORMED IN WRITING BY CERTIFIED OR REGISTERED LETTER THAT 04 REGISTRATION WAS DENIED AND THE REASON FOR DENIAL]. 05 * Sec. 6. AS 15.07.070(c) is amended to read: 06 (c) The names of persons submitting completed registration forms by mail that 07 are postmarked [RECEIVED BY THE DIRECTOR OR ELECTION SUPERVISOR] 08 at least 30 days before the next election shall be placed on the official registration list 09 for that election. The name of a person submitting a completed registration form by 10 mail that was not postmarked [RECEIVED BY THE DIRECTOR OR ELECTION 11 SUPERVISOR] before the 30-day requirement may not be placed on the official 12 registration list for the next election but shall be placed on the master register after that 13 election. 14 * Sec. 7. AS 15.07.070(d) is amended to read: 15 (d) Qualified voters may register in person before a registration official at any 16 time throughout the year, except that a person registering less than [WITHIN] 30 days 17 preceding an election may not vote at that election. [UPON RECEIPT AND 18 APPROVAL OF THE REGISTRATION FORMS THE DIRECTOR OR THE 19 ELECTION SUPERVISOR SHALL FORWARD TO THE VOTER AN 20 ACKNOWLEDGMENT IN THE FORM OF A REGISTRATION CARD AND THE 21 VOTER'S NAME SHALL IMMEDIATELY BE PLACED ON THE MASTER 22 REGISTER LOCATED IN THE OFFICE OF THE DIRECTOR AND ON THE 23 DISTRICT REGISTER LOCATED IN THE OFFICE OF THE ELECTION 24 SUPERVISOR. NAMES OF PERSONS REGISTERING 30 OR MORE DAYS 25 BEFORE AN ELECTION SHALL BE PLACED ON THE OFFICIAL 26 REGISTRATION LIST FOR THAT ELECTION.] 27 * Sec. 8. AS 15.07.070 is amended by adding a new subsection to read: 28 (h) When the director or the election supervisor receives a registration form 29 submitted under (c) or (d) of this section, if the director or election supervisor 30 (1) approves the registration, the director or the election supervisor 31 shall

01 (A) forward to the person making application for registration or 02 reregistration an acknowledgment in the form of a registration card; and 03 (B) place the name of the person whose application for 04 registration or reregistration has been approved on the 05 (i) master register located in the office of the director; 06 and 07 (ii) district register located in the office of the election 08 supervisor; 09 (2) denies the registration, the director or the election supervisor shall 10 immediately inform the person whose application for registration or reregistration has 11 been denied in writing by certified or registered letter that registration was denied and 12 the reason for denial. 13 * Sec. 9. AS 15.07 is amended by adding a new section to read: 14 Sec. 15.07.075. VOTER REGISTRATION AGENCIES. (a) Each of the 15 following is a voter registration agency: 16 (1) field offices of the division of motor vehicles, Department of Public 17 Safety, at which the public may apply in person for a driver's license, renewal of a 18 driver's license, identification card issued under AS 18.65.310, or motor vehicle 19 registration under AS 28.10; 20 (2) field offices of each department that provides one or more programs 21 of public assistance in which the office, operating directly or by contract, distributes 22 and receives applications from the public for public assistance; 23 (3) offices of state agencies that, operating directly or by contract, are 24 primarily engaged in providing services to persons with disabilities; 25 (4) recruitment offices of the armed forces of the United States 26 operated in this state; and 27 (5) other offices of state agencies and of municipal governments that 28 the director designates as a voter registration agency. 29 (b) The director shall 30 (1) appoint one or more persons within each office designated as a 31 voter registration agency under (a) of this section to serve as a registration official;

01 (2) jointly develop with and distribute to the commissioner of public 02 safety forms that may be used by the public for the purposes set out in 03 AS 28.05.045(a); 04 (3) prepare and provide voter registration forms to 05 (A) the commissioner of public safety for distribution to and use 06 by the public under AS 28.05.045(b); 07 (B) the commissioners of each department that provides one or 08 more programs of public assistance for placement in and use by the field 09 offices of those departments that, operating directly or by contract, distribute 10 and receive applications from the public for public assistance; 11 (C) the appropriate state agencies under (a)(3) of this section for 12 placement in and use by offices of those agencies; 13 (D) every other state and municipal office designated by the 14 director as a voter registration agency; and 15 (E) United States armed forces recruitment offices. 16 (c) Every voter registration agency shall 17 (1) if the agency is a state office that provides service or assistance to 18 the public, maintain and distribute with each application for service or assistance, and 19 with each application for recertification or renewal or, if required by federal law, with 20 an application for a change of address, 21 (A) a voter registration application form; and 22 (B) any other form the distribution of which may be required 23 by Sec. 7(a)(6) of the National Voter Registration Act of 1993; 24 (2) if the agency is a state office that does not provide service or 25 assistance to the public, maintain and distribute upon request made in person a voter 26 registration application mail form; 27 (3) assist an applicant who wishes to complete a voter registration 28 application mail form at the field office; and 29 (4) accept every completed voter registration application mail form for 30 transmittal to the appropriate election supervisor or the director. 31 (d) In addition to the voter registration services required by (a)(3) of this

01 section, every office of a state agency that is engaged in providing services to persons 02 with disabilities that provides those services to the person in the person's home must 03 also provide the voter registration services required by this chapter to the person in the 04 person's home. 05 (e) In this section, "voter registration mail form" means the form prepared by 06 the director under AS 15.07.070(b). 07 * Sec. 10. AS 15.07.100 is amended to read: 08 Sec. 15.07.100. REGISTRATION OFFICIALS. (a) In addition to 09 registration officials appointed under AS 15.07.075(b)(1), the [THE] director shall 10 appoint one or more registration officials in each precinct. When more than one 11 registration official is appointed to serve in a precinct, each political party shall be 12 represented. However, any precinct containing more than 250 voters must have at least 13 two registration officials, one from each political party. [THE REGISTRATION 14 OFFICIAL SHALL BE A QUALIFIED STATE VOTER AND SHALL TAKE AN 15 OATH TO HONESTLY, FAITHFULLY AND PROMPTLY PERFORM THE DUTIES 16 OF THE OFFICE.] 17 (b) The director shall provide training [TRAINING] for persons appointed 18 under AS 15.07.075 and (a) of this section to serve as registration officials [SHALL 19 BE PROVIDED BY THE DIRECTOR]. On the completion of training, the director 20 may require that registration officials demonstrate their competence by a test or other 21 method. 22 (c) A person appointed under AS 15.07.075 or (a) of this section to serve 23 as a registration official serves as a registration official at the pleasure of the director. 24 Each registration official shall be periodically evaluated by the director based on the 25 completeness of the registration forms, timely filing of registration forms, and the voter 26 registration activity attributed to the registration official. 27 (d) A person appointed under AS 15.07.075 or (a) of this section to serve 28 as a registration official shall transmit completed voter registration forms to the 29 appropriate election supervisor not later than 30 (1) [WITHIN] five days after receipt of the completed application 31 form if receipt of the application or form occurs on, or within the four days

01 preceding, the last day for registration to vote in an election; or 02 (2) 10 days after receipt of the application or form if receipt of the 03 application or form occurs at any time other than on, or within the four days 04 preceding, the last day for registration to vote in an election [FOLLOWING 05 COMPLETION BY THE VOTER]. 06 * Sec. 11. AS 15.07.100 is amended by adding a new subsection to read: 07 (e) Every registration official appointed by the director under AS 15.07.075(a) 08 or this section shall 09 (1) be a qualified state voter; and 10 (2) take an oath to honestly, faithfully, and promptly perform the duties 11 of the office. 12 * Sec. 12. AS 15.07.125 is amended to read: 13 Sec. 15.07.125. OFFICIAL REGISTRATION LIST. (a) The director shall 14 prepare an official registration list for each election consisting of all names 15 (1) appearing on the master register 30 days before the election; and 16 (2) entitled to be added to the master register because the 17 application for registration was timely 18 (A) postmarked, if application for registration was made 19 under AS 15.07.070(c); or 20 (B) presented in person to a voter registrar, if application 21 for registration was made under AS 15.07.070(d). 22 (b) A list of persons eligible to vote in each precinct at that election shall be 23 prepared from the official registration list. 24 * Sec. 13. AS 15.07 is amended by adding a new section to read: 25 Sec. 15.07.127. MAINTENANCE OF OFFICIAL VOTER REGISTRATION 26 LIST. (a) The director may remove the name of a voter from the official voter 27 registration list prepared under AS 15.07.125 only 28 (1) at the request of a registered voter submitted to the director in 29 writing; 30 (2) when 31 (A) in compliance with program regulations adopted under

01 AS 15.07.131, removal of the name of the voter is authorized; 02 (B) authorized by AS 15.07.133 for a deceased or presumptively 03 deceased voter; 04 (C) authorized by AS 15.07.135 for a person convicted of a 05 felony involving moral turpitude; or 06 (3) when the director determines that the person lacks the qualifications 07 of a voter under this chapter. 08 (b) The director may correct the official voter registration list prepared under 09 AS 15.07.125 based upon receipt of change of address information received by the 10 division under AS 28.05.071(b). 11 * Sec. 14. AS 15.07 is amended by adding new sections to read: 12 Sec. 15.07.131. ELIMINATION OF EXCESS NAMES FROM OFFICIAL 13 REGISTRATION LIST. The director shall, by regulation, establish and maintain a 14 program to maintain the integrity of the state's official registration list under which 15 election supervisors may recommend and the director shall act to affirm the removal 16 of the names of persons who had been registered to vote from the official registration 17 list. The program regulations must be uniform, nondiscriminatory, and consistent with 18 the procedural requirements of and limitations imposed on elimination of names from 19 voter registration lists by Secs. 6(d) and 8(c) - (f) of the National Voter Registration 20 Act of 1993. Systematic action initiated by the director to remove the names of 21 ineligible voters from the official lists must be completed on a biennial basis not later 22 than 90 days before the date of the state primary election. 23 Sec. 15.07.133. CANCELLATION OF REGISTRATION OF DECEASED 24 AND PRESUMPTIVELY DECEASED VOTERS. The director shall 25 (1) regularly obtain from the office of vital statistics a certified list of 26 all residents over 18 years of age who have died or who have been presumptively 27 declared dead; and 28 (2) cancel the registration of all deceased and presumptively deceased 29 voters. 30 * Sec. 15. AS 15.07.160(a) is amended to read: 31 (a) Except as provided in AS 15.07.135, a registration official may not

01 (1) refuse to register a person who is qualified to vote under provisions 02 of AS 15.05.010(1) - (4); 03 (2) seek to influence a voter registration applicant's political 04 preference, decision as to whether to register as to a political party, or choice of 05 party registration; 06 (3) publicly display at the place at which a voter may register 07 material that describes the voter registration official's political preference or 08 party allegiance; 09 (4) in advising or assisting an applicant for voter registration, make 10 a statement or take action the purpose or effect of which is to discourage the 11 applicant from registering to vote; 12 (5) in a voter registration agency that provides services or a benefit 13 to the public, make a statement to an applicant or take action the purpose or 14 effect of which is to lead an applicant for voter registration to believe that a 15 decision to register as a voter or not to register as a voter has any bearing on the 16 availability to the applicant of services or a benefit; or 17 (6) use the information that relates to 18 (A) voter registration obtained from an applicant for voter 19 registration for a purpose other than for the registration of the applicant 20 as a registered voter; or 21 (B) a decision by a person who declines to apply to register 22 to vote for any purpose other than voter registration. 23 * Sec. 16. AS 15.15.198(b) is amended to read: 24 (b) A person whose registration has been cancelled under AS 15.07.131 25 [AS 15.07.130(b)] and who votes a questioned ballot shall have the ballot counted if 26 (1) the person was registered to vote for either of the two most recent 27 general elections; 28 (2) the person signs [UNDER OATH] a statement to that effect; and 29 (3) the earlier registration is verified by the director. 30 * Sec. 17. AS 15.60 is amended by adding new sections to read: 31 Sec. 15.60.100. RECORDS. (a) Except as provided in (b) and (c) of this

01 section, the records of the division of elections are public records, available for public 02 inspection, subject to reasonable regulations on the time and manner of their 03 inspection. 04 (b) The following information or records of the division of elections are 05 confidential and not available for public inspection: 06 (1) personnel records relating to employees of the division, except as 07 inspection is authorized by AS 39.25.080; 08 (2) the registered voter's 09 (A) social security number; 10 (B) date of birth; 11 (C) place of birth; 12 (D) telephone number; 13 (E) voter number; and 14 (F) type of ballot voted by the voter in the state primary 15 election; 16 (3) information contained in records derived from action to register or 17 reregister voters from which a person making inquiry would reasonably be able to 18 ascertain 19 (A) the record of a person's decision not to register to vote 20 when, under this title or under AS 28.05.045, the person was given the 21 opportunity to do so; or 22 (B) the identity of the voter registration agency in which a 23 person registered, if the person registered to vote at a voter registration agency. 24 (c) If, with respect to information identified in (b)(3)(A) and (B) of this 25 section, the information cannot reasonably be separated from or protected from 26 disclosure within a record of registration of which it is a part, then the registration 27 record itself is confidential and not available for public inspection. 28 Sec. 15.60.110. MAINTENANCE OF RECORDS. (a) Notwithstanding any 29 contrary requirement of AS 40.21 and any other provision of law relating to the 30 management of state records, the division of elections shall maintain its records for at 31 least two years.

01 (b) The division of elections shall make records that are available for public 02 inspection actually available for inspection by the public for the period of time in 03 which, under (a) of this section, the division is to maintain its records. 04 * Sec. 18. AS 28.05.045 is amended to read: 05 Sec. 28.05.045. SIMULTANEOUS APPLICATION FOR CERTAIN 06 DOCUMENTS AND FOR VOTER REGISTRATION. (a) When a [A] state 07 resident [,] who will be 18 years of age or older within 90 days [, WHO] applies in 08 an office of the division of motor vehicles for a driver's license or the renewal of a 09 driver's license, the department [, IDENTIFICATION CARD ISSUED UNDER 10 AS 18.65.310, OR VEHICLE REGISTRATION UNDER AS 28.10] shall at the time 11 of application provide [BE ADVISED BY THE DEPARTMENT THAT] the resident 12 a form on which the resident makes application for the driver's license or renewal 13 and that provides the resident an opportunity to [MAY ALSO] register to vote. 14 The department shall use a form for driver's license application or renewal and 15 voter registration jointly prepared by the division of elections and the department. 16 The form must conform to the requirements of Sec. 5(c) of the National Voter 17 Registration Act of 1993, P.L. 103-31. The resident's completion of the form for 18 the driver's license or renewal and voter registration serves also as the basis for 19 the resident's application to register to vote unless the resident fails or refuses to 20 sign the portion of the application that requires the signature of the resident to 21 complete the application to register to vote. 22 (b) When a state resident who will be 18 years of age or older within 90 23 days applies in an office of the division of motor vehicles for an identification card 24 issued under AS 18.65.310 or vehicle registration under AS 28.10, the department 25 shall at the time of application advise the resident that the resident may also 26 register to vote. For purposes of this subsection, the [THE] department shall use 27 a form for voter registration prepared by the division of elections [AND SHALL 28 FORWARD COMPLETED FORMS TO THE DIVISION OF ELECTIONS]. The 29 department shall prominently display notice of the right to apply for voter registration 30 at each place that the public may apply for a driver's license, identification card, or 31 vehicle registration.

01 * Sec. 19. AS 28.05.045 is amended by adding a new subsection to read: 02 (c) When the department receives a completed voter registration application 03 portion of an application for a motor vehicle driver's license or renewal of a motor 04 vehicle driver's license under (a) of this section or receives a completed voter 05 registration application form under (b) of this section, the department shall forward the 06 application or form to the appropriate election supervisor or to the director of the 07 division of elections not later than 08 (1) five days after receipt of the application or form if receipt of the 09 application or form occurs on, or within the four days preceding, the last day for 10 registration to vote in an election; or 11 (2) 10 days after receipt of the application or form if receipt of the 12 application or form occurs at any time other than on, or within the four days 13 preceding, the last day for registration to vote in an election. 14 * Sec. 20. AS 28.05.071 is amended by adding a new subsection to read: 15 (b) When a person notifies the department in writing of a change of address 16 that affects the department's record of the person's address on the person's driver's 17 license, the change of address serves also as notification of the change of the person's 18 record of residence address for purposes of voter registration unless the registrant 19 declares on the form of the change of address or in writing that the change of address 20 is not for voter registration purposes. 21 * Sec. 21. AS 28.15.151 is amended by adding a new subsection to read: 22 (g) Information relating to a person's decision not to sign a voter registration 23 application when the person applies for a driver's license or renewal of a driver's 24 license under AS 28.05.045(a), applies for an identification card or a motor vehicle 25 registration under AS 28.05.045(b), or provides a change of address form under 26 AS 28.05.071(b) is confidential and may not be used for a purpose other than voter 27 registration. 28 * Sec. 22. AS 15.07.070(g), 15.07.090(b), and 15.07.130 are repealed. 29 * Sec. 23. COMPLIANCE WITH SEC. 5 OF THE VOTING RIGHTS ACT OF 1965. 30 Because the provisions of this Act are subject to administrative preclearance review or court 31 approval under Sec. 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c), the lieutenant

01 governor and the attorney general shall take necessary action to obtain approval of this Act 02 and of any regulations added, amended, or repealed under AS 44.62 (Administrative Procedure 03 Act) that implement, interpret, or make specific the provisions of this Act, by transmitting the 04 Act and regulations and requesting preclearance review and entry of a statement of 05 nonobjection by the United States Department of Justice or by commencing an action for a 06 declaratory judgment in a United States District Court having jurisdiction as to the subject 07 matter. 08 * Sec. 24. REVISOR OF STATUTES TO SUBSTITUTE REFERENCES. For purposes 09 of publication of this Act in the cumulative supplement and replacement pamphlets of the 10 Alaska Statutes, under authority given in AS 01.05.031(a), the revisor of statutes shall 11 substitute the corresponding United States Code codification references for the references to 12 section numbers within the National Voter Registration Act of 1993 where those references 13 appear in this Act. 14 * Sec. 25. INTENT OF SEC. 17 NOT TO ADDRESS RECORDS OF ALASKA PUBLIC 15 OFFICES COMMISSION. Nothing in the distinction provided in AS 15.60.100, added by 16 sec. 17 of this Act, as to records of the division of elections that are public and available for 17 inspection or that are confidential is intended to address the handling and availability of 18 records of the Alaska Public Offices Commission obtained under AS 15.13. 19 * Sec. 26. Sections 23 and 24 of this Act take effect immediately under AS 01.10.070(c). 20 * Sec. 27. Except for secs. 23 and 24 of this Act, this Act takes effect January 1, 1995.