SSHB 141: "An Act providing for preferential voting in state and local elections."
00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 141 01 "An Act providing for preferential voting in state and local elections." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.15.030 is amended by adding a new paragraph to read: 04 (14) The director shall design the ballot to accommodate preferential 05 voting for candidates for the offices of governor and lieutenant governor, for 06 candidates for the legislature, and for candidates for the United States Congress. The 07 ballot shall direct the voter to mark candidates in order of preference and to mark as 08 many choices as the voter wishes, but not to assign a particular ranking to more than 09 one candidate. 10 * Sec. 2. AS 15.15.350 is amended by adding a new subsection to read: 11 (c) When counting ballots, the election board shall first count the first choice 12 votes. If a candidate has obtained a majority of the first choice votes, further counting 13 is not necessary. If no candidate has obtained a majority of the first choice votes, then 14 the candidate receiving the least number of first choice votes is eliminated, and the
01 election board shall count the second choice votes of those voters who selected the 02 eliminated candidate as their first choice and add those second choice votes to the first 03 choice votes for the remaining candidates. The election board shall continue this 04 process of elimination until one candidate has a majority of the votes or is the sole 05 remaining candidate, or there is a tie vote between all remaining candidates. If a ballot 06 has no more available preferences, that ballot shall be declared void. A ballot 07 assigning a particular ranking to more than one candidate for an office shall be 08 declared invalid when the double ranking is reached. If a ballot skips a ranking, then 09 the election board shall count the next ranking. If there is a tie vote between all 10 remaining candidates, the procedures in AS 15.15.460 and AS 15.20.430 - 15.20.530 11 shall be followed. 12 * Sec. 3. AS 15.15.360(a) is amended to read: 13 (a) The election board shall count hand-marked ballots according to the 14 following rules : [.] 15 (1) A voter may mark a ballot only by the use of cross-marks, "X" 16 marks, diagonal, horizontal , or vertical marks, solid marks, stars, circles, asterisks, 17 checks, or plus signs that are clearly spaced in the square opposite the name of the 18 candidate the voter desires to designate. In addition, a voter may mark a ballot by 19 the use of roman or arabic numerals that are clearly spaced in one of the squares 20 opposite the name of the candidate that the voter desires to designate. 21 (2) A failure to properly mark a ballot as to one or more candidates 22 does not itself invalidate the entire ballot. 23 (3) [IF A VOTER MARKS FEWER NAMES THAN THERE ARE 24 PERSONS TO BE ELECTED TO THE OFFICE, A VOTE SHALL BE COUNTED 25 FOR EACH CANDIDATE PROPERLY MARKED. 26 (4) IF A VOTER MARKS MORE NAMES THAN THERE ARE 27 PERSONS TO BE ELECTED TO THE OFFICE, THE VOTES FOR CANDIDATES 28 FOR THAT OFFICE MAY NOT BE COUNTED. 29 (5)] The mark specified in (1) of this subsection shall be counted only 30 if it is substantially inside the square provided [,] or touching the square so as to 31 indicate clearly that the voter intended the particular square to be designated.
01 (4) [(6)] Improper marks on the ballot may not be counted and do not 02 invalidate marks for candidates properly made. 03 (5) [(7)] An erasure or correction invalidates only that section of the 04 ballot in which it appears. 05 (6) [(8)] A vote marked for the candidate for President or Vice- 06 President of the United States is considered and counted as a vote for the election of the 07 presidential electors. 08 (7) [(9)] Write-in votes are not invalidated by writing in the name of 09 a candidate whose name is printed on the ballot unless the election board determines, 10 on the basis of other evidence , that the ballot was so marked for the purpose of 11 identifying the ballot. 12 (8) [(10)] Stickers bearing a candidate's name may be affixed to the 13 ballot in place of writing in a candidate's name if write-in votes are otherwise 14 permitted. Stickers may not be issued by members of the election board while serving 15 at the polls. Stickers may not be offered to voters within 200 feet of the polling place. 16 (9) [(11)] In order to vote for a write-in candidate, the voter must write 17 in the candidate's name in the space provided or place a sticker in the space and, in 18 addition, mark the square opposite the candidate's name in accordance with (1) of this 19 subsection. 20 * Sec. 4. AS 15.15.370 is amended to read: 21 Sec. 15.15.370. Completion of ballot count. When the count of ballots is 22 completed, and in no event later than the day after the election, the election board shall 23 make a certificate in duplicate of the results. The certificate includes the number of 24 votes cast for each candidate, including the number of votes at each stage of the 25 elimination process, and the number of votes for and against each proposition, yes 26 or no on each question, and any additional information prescribed by the director. The 27 election board shall, immediately upon completion of the certificate or as soon 28 thereafter as the local mail service permits, send in one sealed package to the director 29 one copy of the certificate and the register. In addition, all ballots properly cast shall 30 be mailed to the director in a separate, sealed package. Both packages, in addition to 31 an address on the outside, shall clearly indicate the precinct from which they come.
01 Each board shall, immediately upon completion of the certification and as soon 02 thereafter as the local mail service permits, send the duplicate certificate to the 03 respective election supervisor. The director may authorize election boards in precincts 04 in those areas of the state where distance and weather make mail communication 05 unreliable to forward their election results by telephone, telegram , or radio. The 06 director may authorize the unofficial totaling of votes on a regional basis by election 07 supervisors, tallying the votes as indicated on duplicate certificates. To assure 08 adequate protection , the director shall prescribe the manner in which the ballots, 09 registers, and all other election records and materials are thereafter preserved, 10 transferred, and destroyed. 11 * Sec. 5. AS 15.20.730(b) is amended to read: 12 (b) The computer shall be programmed to count ballots as follows: 13 (1) a vote may be counted only if the punch is clearly spaced in one 14 of the squares [SQUARE] following the name of the candidate the voter desires to 15 select; 16 (2) if there is only one square marked for a team whose names are on 17 separate lines, such as president and vice-president or governor and lieutenant 18 governor, a punch in the square or elsewhere in the rectangle following the names 19 shall be counted for that team; 20 (3) a failure to properly punch a ballot card as to one or more 21 candidates does not itself invalidate the entire ballot; 22 (4) [IF A VOTER PUNCHES FEWER NAMES THAN THERE ARE 23 PERSONS TO BE ELECTED TO THE OFFICE, A VOTE SHALL BE COUNTED 24 FOR EACH CANDIDATE PROPERLY MARKED; 25 (5) IF A VOTER PUNCHES MORE NAMES THAN THERE ARE 26 PERSONS TO BE ELECTED TO THE OFFICE, THE VOTES FOR CANDIDATES 27 TO THAT OFFICE MAY NOT BE COUNTED; 28 (6)] improper marks on the ballots may not be counted and do not 29 invalidate punches for candidates properly made; 30 (5) [(7)] an erasure or correction invalidates only that section of the 31 ballot in which it appears;
01 (6) [(8)] a vote marked for the candidate for President of the United 02 States is considered and counted as a vote for the election of presidential electors. 03 * Sec. 6. AS 15.25.060 is amended to read: 04 Sec. 15.25.060. Preparation and distribution of ballots. The primary 05 election ballot shall be prepared and distributed by the director in the manner 06 prescribed for general election ballots except as specifically provided otherwise for the 07 primary election. The director shall print the ballot on white paper and place the 08 names of all candidates who have properly filed in groups according to offices filed 09 for and [, WITHOUT REGARD TO] party affiliation. The order of the placement of 10 the names for each office shall be as provided for the general election ballot. Blank 11 spaces may not be provided on the ballot for the writing or pasting in of names. 12 * Sec. 7. AS 15.25.060 is amended by adding a new subsection to read: 13 (b) The director shall include instructions on primary election ballots directing 14 the voter to mark candidates for an office within a single political party in order of 15 preference and to mark as many choices as the voter wishes within a single political 16 party, but not to assign a particular ranking to more than one candidate or to rank 17 candidates from more than one party. 18 * Sec. 8. AS 15.25.100 is amended to read: 19 Sec. 15.25.100. Placement of nominees on general election ballot. Except 20 when an election results in a tie vote, [THE] director shall place the name of the 21 candidate receiving a majority [THE HIGHEST NUMBER] of votes for an office by 22 a political party on the general election ballot. 23 * Sec. 9. AS 29.26.060 is amended by adding a new subsection to read: 24 (d) A municipality may, by ordinance, provide for preferential voting under 25 which voters rank candidates in order of preference, and, if no candidate obtains a 26 majority of first-choice votes, votes are transferred in sequential tabulations according 27 to voters' preferences in the manner set out in AS 15.15.350(c).