SCS CSHB 257(FIN): "An Act relating to elections, to election officials and election workers, to voter registration, and to candidates for election; and providing for an effective date."

00SENATE CS FOR CS FOR HOUSE BILL NO. 257(FIN) 01 "An Act relating to elections, to election officials and election workers, to voter 02 registration, and to candidates for election; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.130(a) is amended to read: 05  (a) Periodically, at times of the director's choosing, but no less frequently 06 than in January [AT THE CLOSE] of each calendar year , the director [AREA 07 ELECTION SUPERVISOR] shall examine the master register maintained [BY THE 08 SUPERVISOR] under AS 15.07.120 and shall send, by nonforwardable mail to the 09 voter's registration mailing address, a notice requesting address confirmation or 10 correction to each voter 11  (1) whose mail from the division has been returned to the division 12 in the two years immediately preceding the examination of the register; 13  (2) who has not contacted the division in the two years immediately 14 preceding the examination of the register; or

01  (3) who has not voted or appeared to vote in the two general 02 elections immediately preceding the examination of the register . 03 * Sec. 2. AS 15.07.130(b) is amended to read: 04  (b) If [WHEN] a registered voter has not , [INDICATED IN WRITING A 05 DESIRE TO REMAIN REGISTERED] within the preceding four calendar years , 06 contacted the division and has neither voted nor appeared to vote in a local, regional 07 school board, primary, special, or general election during the last four calendar years 08 and a notice sent to the voter under (a) of this section was returned as 09 undeliverable , the voter shall be advised by a notice sent by forwardable mail to the 10 voter's last known address that registration will be inactivated unless the voter responds 11 to the notice no later than 45 [AT LEAST 30] days after [BEFORE] the date of the 12 notice sent under this section [NEXT PRIMARY ELECTION ON A FORM 13 FURNISHED BY THE DIRECTOR]. The director shall maintain on the master 14 register the name of a voter whose registration is inactivated. The director shall cancel 15 a voter's inactive registration in accordance with the procedures set out in 42 U.S.C. 16 1973gg-6 (sec. 8, National Voter Registration Act of 1993) after the second general 17 election that occurs after the registration becomes inactive if the voter does not contact 18 the division or vote or appear to vote. 19 * Sec. 3. AS 15.07.130(d) is amended to read: 20  (d) The notice sent under [DESCRIBED IN] (b) of this section must include 21 a postage prepaid and pre-addressed return card on which the voter may state the 22 voter's current address. The notice must indicate 23  (1) that the voter should return the card not later than 45 days after the 24 date of the notice [30 DAYS BEFORE THE NEXT PRIMARY ELECTION] if the 25 voter did not change residence; 26  (2) that failure to [THE VOTER MAY VOTE ONLY A 27 QUESTIONED OR ABSENTEE BALLOT IF THE VOTER DOES NOT] return the 28 card by the 45-day deadline could result in removal of the voter's name from the 29 official registration list for a subsequent election [AT LEAST 30 DAYS BEFORE 30 THE NEXT PRIMARY ELECTION]; 31  (3) that the voter's registration will be cancelled if the voter does not

01 contact the division during, or vote or appear to vote in an election held during , the 02 period beginning on the date of the notice and ending on the day after the last day of 03 the fourth calendar year that occurs after the date of notice; and 04  (4) how the voter can continue to be eligible to vote if the voter has 05 changed residence. 06 * Sec. 4. AS 15.07.130 is amended by adding a new subsection to read: 07  (f) For the purpose of this section, a voter "contacts" the division if the voter 08 notifies the division of a change of address, responds to a notice sent under this 09 section, signs a petition for a ballot measure, requests a new voter registration card, 10 or otherwise communicates with the division other than to vote or register to vote. 11 * Sec. 5. AS 15.15.030 is amended by adding a new paragraph to read: 12  (14) Notwithstanding any other provision of this title, the director may 13 provide for voting by use of optically scanned ballots where optical scanning 14 equipment is available. 15 * Sec. 6. AS 15.20.071 is repealed and reenacted to read: 16  Sec. 15.20.071. Absentee voting by personal representative. (a) A qualified 17 voter with a disability who, because of that disability, is unable to go to a polling place 18 to vote may vote an absentee ballot through a personal representative. 19  (b) The voter must apply in writing to the following election officials, at the 20 times specified, for an absentee ballot: 21  (1) to an absentee voting official on or after the 15th day before an 22 election, up to and including the day of the election; 23  (2) to an election supervisor 24  (A) after a date announced by the director under 25 AS 15.20.048(b); and 26  (B) on or after the 15th day before an election up to and 27 including the day of the election; 28  (3) to an absentee voting official at an absentee voting station 29 designated under AS 15.20.045(b) at a time when the absentee voting station is in 30 operation; or 31  (4) to a member of the precinct election board on election day.

01  (c) The voter's application must include the following: 02  (1) the name and full residence address of the voter; 03  (2) a form of identification for the voter that meets the requirements 04 established by the director for absentee voting by mail under AS 15.20.081(f); 05  (3) the full name of the personal representative; and 06  (4) the voter's signature or mark. 07  (d) The election official shall issue the ballot and voter's certificate, which 08 includes the date and location from which the ballot was issued, upon 09  (1) receipt of the written application of the voter that meets the 10 requirements of (c) of this section; 11  (2) presentation of identification by the personal representative; and 12  (3) completion by the personal representative of a certification that 13 includes the personal representative's name, residence and mailing addresses, type and 14 number of identification, and signature and the name of the voter on whose behalf the 15 ballot is requested. 16  (e) The personal representative shall deliver the absentee ballot and other 17 absentee voting materials to the voter as soon as practicable. The voter shall proceed 18 to mark the ballot in secret, to place the ballot in the secrecy sleeve, and to place the 19 secrecy sleeve in the envelope provided. On the voter's certificate portion of the 20 envelope, the voter shall state the name of the personal representative who delivered 21 the absentee ballot, shall state that, because of a disability, the voter is unable to go 22 to a polling place to vote, and shall sign the voter's certificate in the presence of the 23 personal representative. The personal representative shall witness and date the 24 signature of the voter. The voter shall return the absentee ballot to the personal 25 representative by a time reasonably calculated to be necessary for the personal 26 representative to deliver the material to an election official before 8:00 p.m. on election 27 day. The personal representative shall 28  (1) deliver the ballot and voter certificate to an election official not 29 later than 8:00 p.m. on election day; and 30  (2) certify on the form requested under (d)(3) of this section the date 31 and time the voter's absentee ballot and certificate were delivered to the election

01 official. 02  (f) Notwithstanding (e) of this section, if a qualified voter's disability 03 precludes the voter from performing any of the requirements of (e) of this section, the 04 personal representative may perform those requirements on the voter's behalf, except 05 the voting decision. 06  (g) The voter's employer, an agent of the voter's employer, or an officer or 07 agent of the voter's union may not act as a personal representative for the voter. A 08 candidate for office at an election may not act as a personal representative for a voter 09 in the election. 10 * Sec. 7. AS 15.20.081(b) is amended to read: 11  (b) An application requesting delivery of an absentee ballot to the applicant 12 by mail must be received by the division of elections not less than seven days before 13 the election for which the absentee ballot is sought. An application for an absentee 14 ballot for a state election from a qualified voter requesting delivery of an absentee 15 ballot to the applicant by electronic transmission must be received by the division of 16 elections not later than 5:00 p.m. Alaska time on the day [LESS THAN FOUR 17 DAYS] before the election for which the absentee ballot is sought. An absentee ballot 18 application submitted by mail under this section must permit the person to register to 19 vote under AS 15.07.070 and to request an absentee ballot for each state election held 20 within that calendar year for which the voter is eligible to vote. An absentee ballot 21 application submitted by electronic transmission under this section may not include a 22 provision that permits a person to register to vote under AS 15.07.070. 23 * Sec. 8. AS 15.20 is amended by adding a new section to read: 24 Article 6. Optically Scanned Voting. 25  Sec. 15.20.900. Optically scanned ballot tabulation. (a) Notwithstanding 26 any other provisions of this title, the director may adopt regulations that provide 27 procedures for the tabulation of optically scanned ballots, including procedures for 28  (1) tests of the counting programs developed for each precinct tabulator 29 to ensure that the system is functioning properly; 30  (2) security for the voting and tabulation of ballots; 31  (3) the transmission and accumulation of vote totals to assure the

01 integrity of the vote counting process; 02  (4) observation by the public of the counting process in the regional 03 offices; and 04  (5) the disposition of ballots. 05  (b) The state ballot counting review board established under AS 15.10.180 06 shall test the counting programs for the tabulation of optically scanned ballots and 07 certify their accuracy in accordance with the regulations adopted under (a) of this 08 section. 09 * Sec. 9. AS 15.58.020 is amended to read: 10  Sec. 15.58.020. Contents of pamphlet. Each election pamphlet must 11 [SHALL] contain 12  (1) photographs and campaign statements submitted by eligible 13 candidates for elective office in the region; 14  (2) information and recommendations filed under AS 15.58.050 on 15 judicial officers subject to a retention election in the region; 16  (3) a map of the election district or districts of the region; 17  (4) sample ballots for election districts of the region; 18  (5) an absentee ballot application; 19  (6) for each ballot proposition submitted to the voters by initiative or 20 referendum petition or by the legislature, 21  (A) the full text of the proposition specifying constitutional or 22 statutory provisions proposed to be affected; 23  (B) the ballot title and the summary of the proposition prepared 24 by the director or by the lieutenant governor; 25  (C) a neutral summary of the proposition prepared by the 26 Legislative Affairs Agency; 27  (D) statements submitted which advocate voter approval or 28 rejection of the proposition not to exceed 500 words; 29  (7) for each bond question, a statement of the scope of each project as 30 it appears in the bond authorization; 31  (8) a maximum of two pages of material submitted by each political

01 party; 02  (9) additional information on voting procedures that the lieutenant 03 governor considers necessary; 04  (10) for the question whether a constitutional convention shall be 05 called, 06  (A) a full statement of the question placed on the ballot; 07  (B) statements not to exceed 500 words that advocate voter 08 approval or rejection of the question ; 09  (11) under AS 37.13.170, the Alaska permanent fund annual income 10 statement and balance sheet for the two fiscal years preceding the publication of 11 the election pamphlet . 12 * Sec. 10. AS 15.58.030(a) is amended to read: 13  (a) No later than August 30 [JULY 15] of a presidential election year, 14 candidates for the offices of the United States President and Vice-President may file 15 with the lieutenant governor photographs and statements advocating their candidacy. 16 * Sec. 11. AS 15.58.030(d) is amended to read: 17  (d) Pages on which candidates' photographs or statements appear must be 18 clearly identified with the words " provided and paid for by the candidate." 19 * Sec. 12. AS 15.58.030(f) is amended to read: 20  (f) A candidate's photograph must be [A] 5" x 7" in size and must have been 21 [BLACK AND WHITE GLOSSY PRINT] taken within the past five years. The 22 photograph must be limited to the head, neck , and shoulders of the candidate. All 23 photographs shall be printed in black and white. 24 * Sec. 13. AS 23.20.526(d) is amended to read: 25  (d) For the purposes of AS 23.20.525(a)(4) - (6) and (14), the term 26 "employment" does not apply to service performed 27  (1) by a duly ordained, commissioned, or licensed minister of a church 28 in the exercise of the person's ministry or by a member of a religious order in the 29 exercise of duties required by the order; 30  (2) in a facility conducted for the purpose of carrying out a program 31 of rehabilitation for individuals whose earning capacity is impaired by age or physical

01 or mental deficiency or injury or providing remunerative work for individuals who, 02 because of their impaired physical or mental capacity, cannot be readily absorbed in 03 the competitive labor market by an individual receiving the rehabilitation or 04 remunerative work; 05  (3) as part of an unemployment work-relief or work-training program 06 assisted or financed in whole or in part by any federal agency or any agency of a state 07 or political subdivision of the state, by an individual receiving work relief or work 08 training; 09  (4) for a state hospital by an inmate of a prison or correctional 10 institution; 11  (5) in the employ of a school, college, or university [,] if the service 12 is performed by a student who is enrolled and is regularly attending classes at the 13 school, college, or university; 14  (6) by an individual under the age of 22 who is enrolled at a nonprofit 15 or public educational institution that [WHICH] normally maintains a regular faculty 16 and curriculum and normally has a regularly organized body of students in attendance 17 at the place where its educational activities are carried on as a student in a full-time 18 program, taken for credit at the institution, which combines academic instruction with 19 work experience [,] if the service is an integral part of the program [,] and the 20 institution has so certified to the employer, except that this paragraph does not apply 21 to service performed in a program established for or on behalf of an employer or group 22 of employers; 23  (7) in the employ of a hospital [,] if the service is performed by a 24 patient of the hospital, as defined in AS 23.20.520; 25  (8) in the employ of the state or a political subdivision of the state if 26 the service is performed by an individual in the exercise of duties 27  (A) as a "public official" as defined in AS 39.50.200(a), any 28 other elected official, the fiscal analyst of the legislative finance division, the 29 legislative auditor of the legislative audit division, the executive director of the 30 Legislative Affairs Agency, and the directors of the divisions within the 31 Legislative Affairs Agency;

01  (B) as a member of the Alaska Army National Guard or Alaska 02 Air National Guard or Alaska Naval Militia; [OR] 03  (C) as an employee serving on only a temporary basis in case 04 of fire, storm, snow, earthquake, flood, or similar emergency; or 05  (D) as an election official or election worker if the amount 06 of remuneration received by the individual during the calendar year for 07 services as an election official or election worker is less than $1,000; 08  (9) in the employ of 09  (A) a church or a convention or association of churches; or 10  (B) an organization which is operated primarily for religious 11 purposes and which is operated, supervised, controlled, or principally supported 12 by a church or a convention or association of churches. 13 * Sec. 14. AS 24.60.250 is repealed and reenacted to read: 14  Sec. 24.60.250. Effect of failure to file. In addition to the sanctions described 15 in AS 24.60.260, if the Alaska Public Offices Commission finds that a candidate for 16 the legislature who is an incumbent legislator has failed to file a report under 17 AS 24.60.200 by March 15, the commission shall notify the candidate that the report 18 is late. If the candidate fails to file the report within 30 days after it is due, 19  (1) the commission shall notify the lieutenant governor; 20  (2) the candidate shall forfeit nomination to office and may not be 21 seated in office; 22  (3) the lieutenant governor may not certify the person's nomination for 23 office or election to office; and 24  (4) nomination to the office shall be certified as provided in 25 AS 39.50.060(b). 26 * Sec. 15. LEGISLATIVE FINANCIAL DISCLOSURE GRACE PERIOD 27 RETROACTIVITY. Notwithstanding any other provision of AS 24.60.250 as it exists on the 28 day before the effective date of this section or as it exists after amendment by sec. 14 of this 29 Act, a candidate for the legislature who failed to file a report under AS 24.60.200 by April 15, 30 1998, but who filed the report by within 30 days after that date, is subject to civil penalty for 31 late filing under AS 24.60.240 but may not be made subject to any penalty or consequence

01 imposed under AS 24.60.250, including forfeiture of nomination to office, denial of seating 02 in office, or denial of certification for office or election to office. 03 * Sec. 16. Sections 14 and 15 of this Act are retroactive to March 15, 1998. 04 * Sec. 17. This Act takes effect immediately under AS 01.10.070(c).