CSHB 42(STA) AM: "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting."
00CS FOR HOUSE BILL NO. 42 (STA) am 01 "An Act relating to absentee voting, to electronic transmission of absentee ballot 02 applications, and to delivery of ballots to absentee ballot applicants by electronic 03 transmission, and enacting a definition of the term 'state election' for purposes 04 of absentee voting." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.20 is amended by adding a new section to read: 07 Sec. 15.20.066. VOTING BY ELECTRONIC TRANSMISSION. (a) The 08 director shall adopt regulations applicable to the delivery of absentee ballots by 09 electronic transmission in a state election and to the use of electronic transmission 10 absentee voting in a state election by qualified voters. The regulations must 11 (1) require the voter to comply with the same time deadlines as for 12 voting in person on or before the closing hour of the polls; 13 (2) ensure the accuracy and, to the greatest degree possible, the 14 integrity and secrecy of the ballot process.
01 (b) An absentee ballot that is completed and returned by the voter by 02 electronic transmission must 03 (1) contain the following statement: "I understand that by using 04 electronic transmission to return my marked ballot, I am voluntarily waiving a portion 05 of my right to a secret ballot to the extent necessary to process my ballot, but expect 06 that my vote will be held as confidential as possible.", followed by the voter's 07 signature and date of signature; and 08 (2) be accompanied by a statement executed under oath as to the 09 voter's identity; the statement under oath must be witnessed by 10 (A) a commissioned or noncommissioned officer of the armed 11 forces of the United States; 12 (B) an official authorized by federal law or the law of the state 13 in which the absentee ballot is cast to administer an oath; or 14 (C) two United States citizens who are 18 years of age or older. 15 * Sec. 2. AS 15.20.081(a) is amended to read: 16 (a) A qualified voter may apply by mail or by electronic transmission to the 17 director for an absentee ballot. The application must [SHALL] include the address or, 18 if the application requests delivery of an absentee ballot by electronic 19 transmission, the telephone electronic transmission number, to which the absentee 20 ballot is to be returned, the applicant's full Alaska residence address, and the 21 applicant's signature. However, a person [PERSONS] residing outside the United 22 States and applying to vote absentee in federal elections in accordance with 23 AS 15.05.011 need not include an Alaska residence address in the application. 24 * Sec. 3. AS 15.20.081(b) is amended to read: 25 (b) An application requesting delivery of [FOR] an absentee ballot to the 26 applicant by mail must be received by the division of elections not less than seven 27 [FOUR] days before the election for which the absentee ballot is sought. An 28 application for an absentee ballot for a state election from a qualified voter 29 requesting delivery of an absentee ballot to the applicant by electronic 30 transmission must be received by the division of elections not less than four days 31 before the election for which the absentee ballot is sought. An [THE] absentee
01 ballot application submitted by mail under this section must permit the person to 02 register to vote under AS 15.07.070 and to request an absentee ballot for each state 03 election held within that calendar year for which the voter is eligible to vote. An 04 absentee ballot application submitted by electronic transmission under this section 05 may not include a provision that permits a person to register to vote under 06 AS 15.07.070. 07 * Sec. 4. AS 15.20.081(c) is amended to read: 08 (c) After receipt of an application [BY MAIL], the director shall send the 09 absentee ballot and other absentee voting material to the applicant by the most 10 expeditious mail service. However, if the application requests that an absentee 11 ballot for a state election be sent by electronic transmission, the director shall 12 send the absentee ballot and other absentee voting material to the applicant by 13 electronic transmission. The absentee ballot and other absentee voting [THE] 14 material shall be sent as soon as they are ready for distribution. If the absentee ballot 15 and other absentee voting material are mailed to the applicant, the [THE] return 16 envelope sent with the ballot and other materials shall be addressed to the election 17 supervisor in the district in which the voter is a resident. 18 * Sec. 5. AS 15.20.081(e) is amended to read: 19 (e) An absentee ballot must be marked on or before the date of the election. 20 Except as provided in (h) of this section, a voter who returns the absentee ballot by 21 mail, whether provided to the voter by mail or by electronic transmission, shall use 22 a mail service at least equal to first class and mail the ballot not later than the day of 23 the election to the election supervisor for the election district in which the voter seeks 24 to vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it 25 is received by the close of business on the 10th day after the election. If the ballot is 26 postmarked, it must be postmarked on or before election day. After the day of the 27 election, [NO] ballots may not [SHALL] be accepted unless received by mail. 28 * Sec. 6. AS 15.20.081(g) is amended to read: 29 (g) The director shall maintain a record of the name of each voter to whom 30 an absentee ballot is sent under this section [BY MAIL]. The record must list the 31 date on which the ballot is mailed or provided by electronic transmission and the
01 date on which the ballot is received by the election supervisor and the dates on which 02 the ballot was executed and postmarked. 03 * Sec. 7. AS 15.20.082 is amended by adding a new subsection to read: 04 (e) The provisions of AS 15.20.066 and 15.20.081 relating to electronic 05 transmission absentee voting do not apply to the procedures established in this section. 06 * Sec. 8. AS 15.20.211(b) is amended to read: 07 (b) If a voter requested an absentee ballot [BY MAIL] and the proper absentee 08 ballot was not sent to the voter, the votes cast by the voter on the ballot received 09 which are for write-in candidates the voter could have voted for if the voter had 10 received and voted the proper absentee ballot shall be counted. 11 * Sec. 9. AS 15.20 is amended by adding a new section to read: 12 Sec. 15.20.225. DEFINITION OF "STATE ELECTION." In AS 15.20.010 - 13 15.20.225, "state election" means a primary, general, or special election a purpose of 14 which is to 15 (1) select, nominate, or elect a governor, a lieutenant governor, an 16 acting governor, a state senator, or a state representative; 17 (2) select, nominate, or elect delegates to a constitutional convention; 18 (3) approve or reject an initiative submitted under art. XI of the state 19 constitution and AS 15.45.190 - 15.45.200 or a referendum submitted under art. XI of 20 the state constitution and AS 15.45.420 - 15.45.440; 21 (4) recall an official identified in (1) of this section when authorized 22 by art. XI of the state constitution and AS 15.45.650 - 15.45.690; 23 (5) approve or reject a proposed constitutional amendment submitted 24 under AS 15.50; or 25 (6) ratify or reject a state general obligation bond when authorized by 26 AS 37.15.