CSSB 120(STA): "An Act relating to qualifications of voters, the registration of voters, election districts and officials, the use of state seals and emblems in election campaigns, election procedures and ballots, special procedures for elections, nomination of candidates, national elections, special elections and appointments, constitutional amendments, election offenses and corrupt practices, election pamphlets, the deferral of jury service for certain election officials, an exemption from the State Procurement Code regarding election ballots, the provision and use of mailing addresses on permanent fund dividend applications for election purposes, and the inclusion of voter registration forms with permanent fund dividend applications; relating to municipal assembly forms of representation and apportionment; requiring a majority vote for certain offices and providing for a runoff election; making conforming amendments in references to 'election district' and 'chairman'; and providing for an effective date."
00CS FOR SENATE BILL NO. 120(STA) 01 "An Act relating to qualifications of voters, the registration of voters, election 02 districts and officials, the use of state seals and emblems in election campaigns, 03 election procedures and ballots, special procedures for elections, nomination of 04 candidates, national elections, special elections and appointments, constitutional 05 amendments, election offenses and corrupt practices, election pamphlets, the deferral 06 of jury service for certain election officials, an exemption from the State 07 Procurement Code regarding election ballots, the provision and use of mailing 08 addresses on permanent fund dividend applications for election purposes, and the 09 inclusion of voter registration forms with permanent fund dividend applications; 10 relating to municipal assembly forms of representation and apportionment; 11 requiring a majority vote for certain offices and providing for a runoff election; 12 making conforming amendments in references to 'election district' and 'chairman'; 13 and providing for an effective date." 14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. AS 09.20.035 is amended to read: 02 Sec. 09.20.035. Deferral of jury service. A person may have jury service 03 deferred if the person shows that jury service at the time for which the person is 04 summoned will cause hardship to that person or another, [OR] that transportation 05 problems make it temporarily impossible for the person to serve , or that the person 06 summoned is employed as a full-time or temporary election official and the jury 07 service is during the 30 days preceding a primary or general election . Jury service 08 may be deferred under this section only if the person seeking the deferment agrees to 09 a deferred date. Jury service may not be deferred for more than 10 months from the 10 date the initial jury service was to begin. 11 * Sec. 2. AS 15.07.010 is amended to read: 12 Sec. 15.07.010. Registration of voters. The precinct election officials 13 [JUDGES] at any election shall allow a person to vote whose name is on the official 14 registration list for that precinct and who is qualified under AS 15.05. A person whose 15 name is not on the official registration list shall be allowed to vote a questioned ballot. 16 * Sec. 3. AS 15.07.064(e) is amended to read: 17 (e) The director shall review the information contained within an application 18 by a voter for registration. The director may not reject an application of a voter who 19 qualifies under (d) of this section because the voter provided information in excess of 20 that required to establish qualifications, including excess information qualifying as a 21 mailing address. The director may consider an application for registration within a 22 municipality or established village described in (d) of this section to comply with law 23 based on other information contained in the application, including evidence that 24 (1) the application was made in person before a voting registrar, 25 election official [JUDGE], or absentee voting official appointed to serve in the 26 municipality or established village; 27 (2) the application of a voter registering by mail was postmarked by 28 the postal official in the municipality or established village; and 29 (3) other information contained in the application does not negate the 30 presumption of residency provided under (a) of this section. 31 * Sec. 4. AS 15.07.064 is amended by adding a new subsection to read:
01 (h) Notwithstanding (a) - (g) of this section, the director may substitute a 02 mailing address provided by the voter for the permanent fund dividend program under 03 AS 43.23 as the mailing address for the voter on the registration records of the director 04 under procedures specified in regulations of the director if necessary to maintain 05 accuracy of voting registration records. 06 * Sec. 5. AS 15.07.081 is amended to read: 07 Sec. 15.07.081. Registration officials. The director shall appoint one or more 08 registration officials to serve in each precinct polling place in all elections during the 09 hours the polling places are open. An election official [CLERK OR ELECTION 10 JUDGE] appointed under AS 15.10 may also serve as a registration official. [IF 11 MORE THAN ONE REGISTRATION OFFICIAL IS APPOINTED TO SERVE IN A 12 POLLING PLACE, EACH POLITICAL PARTY SHALL BE REPRESENTED.] 13 * Sec. 6. AS 15.07.100(a) is amended to read: 14 (a) A [THE DIRECTOR SHALL APPOINT ONE OR MORE 15 REGISTRATION OFFICIALS IN EACH PRECINCT. WHEN MORE THAN ONE 16 REGISTRATION OFFICIAL IS APPOINTED TO SERVE IN A PRECINCT, EACH 17 POLITICAL PARTY SHALL BE REPRESENTED. HOWEVER, ANY PRECINCT 18 CONTAINING MORE THAN 250 VOTERS MUST HAVE AT LEAST TWO 19 REGISTRATION OFFICIALS, ONE FROM EACH POLITICAL PARTY. THE] 20 registration official shall be a qualified state voter and shall take an oath to honestly, 21 faithfully , and promptly perform the duties of the office. 22 * Sec. 7. AS 15.07.140 is amended to read: 23 Sec. 15.07.140. General administrative supervision by director. The 24 director shall provide general administrative supervision over the registration and 25 reregistration of voters. The director shall, [NO LATER THAN 40 DAYS] before any 26 general election, arrange to have the list of registered voters in a usable electronic 27 format provided free of charge to each political party [OF THE PRECINCT 28 PUBLICLY DISPLAYED. THE DIRECTOR SHALL INSTRUCT REGISTRATION 29 OFFICIALS TO POST THE LIST OF REGISTERED VOTERS IN A NUMBER OF 30 LOCATIONS CALCULATED TO OBTAIN MAXIMUM RECOGNITION]. Upon 31 request by the mayor or manager of a municipality , the director shall furnish
01 registration information for all precincts all or part of which are within the boundaries 02 of the local government unit. 03 * Sec. 8. AS 15.10.107 is amended to read: 04 Sec. 15.10.107. Staff training. The director shall, before each primary 05 election in even-numbered years, provide for a comprehensive training program for 06 election officials, both the full-time members of the staff of the division of elections 07 and those who are appointed as members of election boards [BOARD JUDGES, 08 CLERKS, AND COUNTERS] under AS 15.10.120 - 15.10.140 [AS 15.10.120 - 09 15.10.150] and other temporary election employees. The director shall annually 10 prepare and, not later than January 10, file with the lieutenant governor a plan that 11 describes the comprehensive training program for election officials to be provided to 12 those officials during that calendar year. 13 * Sec. 9. AS 15.10.120 is repealed and reenacted to read: 14 Sec. 15.10.120. Appointment of election board. (a) An election supervisor 15 shall appoint in each precinct within the election supervisor's district an election board 16 composed of at least three qualified voters registered to vote in that precinct. 17 (b) On or before April 15 in each regular election year, or at least 60 days 18 before a special election, a party district committee or state party central committee of 19 each political party may nominate two candidates for each election board. 20 Nominations shall be presented in writing to the election supervisor for the district in 21 which the precinct is located. 22 (c) An election supervisor shall appoint one nominee of the political party of 23 which the governor is a member and one nominee of the political party that received 24 the second largest number of votes statewide in the preceding gubernatorial election. 25 The election supervisor shall appoint at least one additional qualified individual 26 registered to vote in that precinct. If a party district committee or state party central 27 committee of the party of which the governor is a member or the party that received 28 the second largest number of votes statewide in the preceding gubernatorial election 29 fails to present the names prescribed by (b) of this section by April 15 of a regular 30 election year or at least 60 days before a special election, the election supervisor may 31 appoint any qualified individual registered to vote in that precinct.
01 (d) An election supervisor shall appoint a chairperson for each election board 02 within the election supervisor's district. 03 (e) When appointments to the election board have been accepted by the 04 respective appointees, the election supervisor shall notify the director of the names and 05 mailing addresses of the designated chairperson and other election board officials. 06 (f) Election boards for municipal elections shall be appointed by the 07 appropriate municipality. 08 * Sec. 10. AS 15.10.170 is amended to read: 09 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 10 committee, where an organized precinct committee exists, or the party district 11 [PARTY] committee where no organized precinct committee exists, or the state party 12 chairperson [CHAIRMAN] where neither a precinct nor a party district committee 13 exists, may appoint one or more persons as watchers in each precinct and counting 14 center for any election. Each candidate not representing a political party may appoint 15 one or more watchers for each precinct or counting center in the candidate's respective 16 district or the state for any election. Any organization or organized group that 17 sponsors or opposes an initiative, referendum or recall may have one or more persons 18 as watchers at the polls and counting centers after first obtaining authorization from 19 the director. A [NO] state party chairperson, a [CHAIRMAN, NO] precinct party 20 committee, a party [NO] district committee , or a candidate not representing a political 21 party or organization or organized group may not have more than one watcher on duty 22 at a time in any precinct or counting center. The watcher may be present at a position 23 inside the place of voting or counting that [WHICH] affords a full view of all action 24 of the election officials [BOARD AND OTHER COUNTERS] taken from the time the 25 polls are opened until the ballots are finally counted and the results certified by the 26 election board or the data processing review board. The election board or the data 27 processing review board may require each watcher to present written proof showing 28 appointment by the precinct party committee, the party district [DISTRICT PARTY] 29 committee, the organization or organized group , or the candidate the watcher 30 represents that [WHICH] is signed by the chairperson [CHAIRMAN] of the precinct 31 party committee, the party district [DISTRICT PARTY] committee, the state party
01 chairperson [CHAIRMAN], the organization or organized group , or the candidate 02 representing no party. 03 * Sec. 11. AS 15.10.180 is amended to read: 04 Sec. 15.10.180. Appointment of [PARTY REPRESENTATIVES FOR] state 05 ballot counting review board . The director shall appoint two persons from the 06 political party of which the governor is a member and two persons from the 07 political party that received the second largest number of votes statewide in the 08 preceding gubernatorial election [EACH POLITICAL PARTY] to participate in the 09 state ballot counting review. The director may appoint additional individuals to 10 participate in the state ballot counting review. [EACH PERSON WHO IS 11 APPOINTED AND SERVES IS ENTITLED TO COMPENSATION AS PROVIDED 12 IN AS 15.15.380.] Each political party may present to the director a list of three or 13 more names from which the director shall select the persons to represent the party. 14 The list of names may be submitted in writing at least 30 days before the date of the 15 election. [THE PERSONS TO REPRESENT THE PARTY ON THE STATE 16 BALLOT COUNTING REVIEW BOARD MAY BE SELECTED BY THE STATE 17 PARTY CENTRAL COMMITTEE OR IN ANY OTHER MANNER PRESCRIBED 18 BY THE BYLAWS OF THE PARTY.] The list of names shall be certified by the 19 state chairperson [CHAIRMAN] of the political [STATE CENTRAL COMMITTEE 20 OF THE] party or by the person authorized by the party bylaws to act in the absence 21 of the chairperson [CHAIRMAN]. 22 * Sec. 12. AS 15.13 is amended by adding a new section to read: 23 Sec. 15.13.092. Use of state seals and emblems in election campaigns. A 24 person may not use a state seal or emblem in an advertisement, billboard, handbill, 25 paid-for television announcement, or other communication intended to influence the 26 election of a candidate or the outcome of a ballot proposition or question. 27 * Sec. 13. AS 15.15.030(8) is amended to read: 28 (8) The general or special election ballot shall be designed with the title 29 and proposition for any initiative, referendum, or constitutional amendment formulated 30 as prescribed by law and placed on the ballot in the manner prescribed by the director. 31 When placed on the ballot, a state ballot proposition or ballot question shall carry the
01 number that [WHICH] was assigned to the petition for the proposition or question. 02 Provision shall be made for marking the proposition "Yes" ["FOR"] or "No." 03 ["AGAINST."] 04 * Sec. 14. AS 15.15.030(11) is amended to read: 05 (11) When the legislature by law authorizes a state debt for capital 06 improvements, the director shall place the question of whether the specific 07 authorization shall be ratified by placing the ballot title and question on the next 08 general election ballot, or on the special election ballot if a special election is held for 09 the purpose of ratifying the state debt for capital improvements before the time of the 10 next general election. Unless specifically provided otherwise in the Act authorizing 11 the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate 12 the general subject of the Act. The question shall, by the use of a few sentences in 13 a succinct manner, give a true and impartial summary of the Act authorizing the state 14 debt. The question of whether state debt shall be contracted shall be assigned a letter 15 of the alphabet on the ballot. Provision shall be made for marking the question 16 substantially as follows: 17 "Bonds. . . . . . . Yes" or "Bonds . . . . . . No," 18 followed by an appropriate oval [SQUARE]. 19 * Sec. 15. AS 15.15.050 is amended to read: 20 Sec. 15.15.050. Distribution of election materials. The director shall 21 distribute an adequate supply of sample and official ballots and all other materials, 22 forms , and supplies required for the election to the election supervisors for distribution 23 to chairpersons [CHAIRMEN] of election boards in precincts not less than 25 days 24 before the date for the election. 25 * Sec. 16. AS 15.15.070(b) is amended to read: 26 (b) The notice shall be given by publication at least twice in one or more 27 newspapers of general circulation in each of the four judicial [MAJOR ELECTION] 28 districts. The printed notice must [SHALL] specifically include [BUT IS NOT 29 LIMITED TO] the date of election, the hours between which the polling places will 30 be open, the offices to which candidates are to be nominated or elected, and the 31 subject of the propositions and questions that [WHICH] are to be voted on.
01 * Sec. 17. AS 15.15.070(c) is amended to read: 02 (c) Public notice shall also be given by posting notices in those communities 03 that do not have newspapers of general circulation where posting of notice is 04 considered necessary by the director [TWO OR MORE CONSPICUOUS PLACES 05 IN EACH ELECTION PRECINCT]. The posted notice must [SHALL] specifically 06 include [BUT IS NOT LIMITED TO] the date of election, the location of the polling 07 places [PLACE], the hours between which the polling places will be open, the offices 08 to which candidates are to be nominated or elected, [AND] the subject of the 09 propositions and questions that [WHICH] are to be voted on , and other information 10 considered necessary by the director . 11 * Sec. 18. AS 15.15.070(h) is amended to read: 12 (h) An abbreviated form of the notice published under (b) of this section shall 13 be broadcast on one or more radio or television stations in each of the four judicial 14 districts. The broadcast notice must include at a minimum the date of the election, the 15 hours between which the polling places will be open, and the address and phone 16 number of the election supervisor or supervisors for the judicial district in which 17 the notice is broadcast [THE NAMES OF THE NEWSPAPERS IN WHICH THE 18 NOTICE IS PUBLISHED, AND THE DATES OF PUBLICATION IN THE 19 NEWSPAPERS]. 20 * Sec. 19. AS 15.15.110 is amended to read: 21 Sec. 15.15.110. General duties and oath of election board [AND CLERKS]. 22 The election board shall supervise the election in the precinct. Before entering upon 23 the duties of office, each election official [JUDGE AND CLERK] shall take an oath 24 to honestly, faithfully, and promptly perform the duties of office. Any appointed 25 election official, including an appointed election official who has [JUDGE, 26 WHETHER OR] not [HAVING] personally subscribed to the oath, may administer the 27 oath to another election official [JUDGE]. The chairperson [CHAIRMAN] of the 28 election board shall rotate the time at which election officials [JUDGES AND 29 CLERKS] may be relieved for meals. 30 * Sec. 20. AS 15.15.120 is amended to read: 31 Sec. 15.15.120. Filling vacancies in election board. If an appointed election
01 board member [JUDGE OR CLERK] fails to appear and subscribe to the oath on 02 election day or becomes incapacitated during the time of the election or the counting 03 of the ballots, the election board members present shall elect, by a majority voice vote, 04 a qualified voter to fill the vacancy. The qualified voter elected to fill the vacancy 05 shall be of the same political party as the person for whom the substitution is made 06 unless, after reasonable effort, the election board members determine that a qualified 07 voter of the same political party is not available. 08 * Sec. 21. AS 15.15.130 is amended to read: 09 Sec. 15.15.130. Majority decision of election board. The decision of the 10 majority of election board members [JUDGES] determines the action that the election 11 board shall take regarding any question that [WHICH] arises during the course of the 12 election. 13 * Sec. 22. AS 15.15.140(c) is amended to read: 14 (c) On disclosure that unofficial ballots have been used without the 15 certification required under (b) of this section, the director shall notify the chairperson 16 [CHAIRMAN] of the election board by telephone or electronic transmission 17 [TELEGRAM] of the failure to certify the ballots properly. 18 * Sec. 23. AS 15.15.140(d) is amended to read: 19 (d) The director may accept a certificate made by electronic transmission 20 [TELEGRAM] and count the ballots if the certificate is proper and actually received 21 by the director within 10 days after [OF] the date that the chairperson [CHAIRMAN] 22 of the election board was notified under (c) of this section. 23 * Sec. 24. AS 15.15.160 is amended to read: 24 Sec. 15.15.160. Prohibition of political discussion by election board. During 25 the hours that the polls are open, an election board member [A JUDGE OR CLERK] 26 may not discuss any political party, candidate , or issue while on duty. 27 * Sec. 25. AS 15.15.170 is amended to read: 28 Sec. 15.15.170. Prohibition of political persuasion near election polls. 29 During the hours the polls are open, a person who is in the polling place or within 200 30 feet of any entrance to the polling place may not attempt to persuade a person to vote 31 for or against a candidate, proposition , or question. The election officials [JUDGES]
01 shall post warning notices at the required distance in the form and manner prescribed 02 by the director. 03 * Sec. 26. AS 15.15.180 is amended to read: 04 Sec. 15.15.180. Keeping of register. The election officials [JUDGES] shall 05 keep a register or registers in which each voter before receiving a ballot shall sign the 06 voter's name and give both a residence [RESIDENT] and mailing address. A record 07 shall be kept in the registration book in space provided of the names [NAME] of 08 persons who offer to vote but who actually do not vote, and a brief statement of 09 explanation. The signing of the register constitutes a declaration by the voter that the 10 voter is qualified to vote. 11 * Sec. 27. AS 15.15.195 is amended to read: 12 Sec. 15.15.195. Voters on official registration list. An election official 13 [JUDGE] in a precinct shall allow a voter on the official registration list to vote in the 14 precinct unless the voter is questioned in accordance with AS 15.15.210. 15 * Sec. 28. AS 15.15.198 is amended to read: 16 Sec. 15.15.198. Voters not on official registration list. (a) If a voter's name 17 does not appear on the official registration list in the precinct in which the voter seeks 18 to vote, the election official [JUDGE] shall affirmatively advise the voter that the voter 19 may cast a questioned ballot , and the voter shall be allowed to vote a questioned 20 ballot. 21 (b) A person whose registration is inactive under AS 15.07.130(b) and who 22 votes a questioned or absentee ballot shall have the ballot counted if 23 (1) the person was registered to vote in the last four calendar years 24 [FOR EITHER OF THE TWO MOST RECENT GENERAL ELECTIONS]; 25 (2) the person signs a statement to that effect; and 26 (3) the earlier registration is verified by the director. 27 * Sec. 29. AS 15.15.210 is amended to read: 28 Sec. 15.15.210. Questioning of voters of suspect qualification. Every 29 election official [JUDGE AND ELECTION CLERK] shall question, and every watcher 30 and any other person qualified to vote in the precinct may question , a person 31 attempting to vote if the questioner has good reason to suspect that the questioned
01 person is not qualified under AS 15.05 [TO VOTE]. All questions regarding a 02 person's qualifications to vote shall be made in writing setting out the reason the 03 person has been questioned. A questioned person shall, before voting , [SHALL] 04 subscribe to a declaration in a form provided by the director attesting to the fact that 05 in each particular the person meets all the qualifications of a voter, is not disqualified, 06 and has not voted at the same election, and certifying that the person understands that 07 a false statement on the declaration may subject the person to prosecution for a 08 misdemeanor under this title or AS 11. [THE QUESTIONED PERSON SHALL 09 ALSO STATE THE PLACE FROM WHICH THAT PERSON CAME 10 IMMEDIATELY BEFORE LIVING IN THE PRECINCT WHERE OFFERING TO 11 VOTE AND THE LENGTH OF TIME OF RESIDENCE IN THE FORMER PLACE.] 12 After the questioned person has executed the declaration, the person may vote. If the 13 questioned person refuses to execute the declaration, the person may not vote. 14 * Sec. 30. AS 15.15.215(a) is amended to read: 15 (a) A voter who casts a questioned ballot shall vote the ballot in the same 16 manner as prescribed for other voters. The voter shall insert the ballot into a secrecy 17 sleeve [, THE ELECTION JUDGE SHALL REMOVE THE NUMBERED STUB 18 FROM THE BALLOT,] and the voter shall put the secrecy sleeve into an envelope on 19 which the statement the voter previously signed is located. The envelope shall be 20 sealed and deposited in the ballot box. When the ballot box is opened, the envelopes 21 shall be segregated, counted, compared to the voting list, and delivered to the official 22 or body supervising the election. The merits of the question shall be determined by 23 this official or body in accordance with the procedure prescribed for questioned votes 24 in AS 15.20.207. 25 * Sec. 31. AS 15.15.220 is amended to read: 26 Sec. 15.15.220. Administration of oaths. Any election official [JUDGE] may 27 administer to a voter any oath that is necessary in the administration of the election. 28 * Sec. 32. AS 15.15.225(a) is amended to read: 29 (a) Before being allowed to vote, each voter shall exhibit to an election official 30 [JUDGE] one form of identification, including [BUT NOT LIMITED TO] an official 31 voter registration card, driver's license, birth certificate, passport, [OR] hunting or
01 fishing license , military identification card, senior citizen identification card, or 02 Indian Health Service identification card . 03 * Sec. 33. AS 15.15.225(b) is amended to read: 04 (b) An election official [JUDGE] may waive the identification requirement if 05 the election official [JUDGE] knows the identity of the voter. 06 * Sec. 34. AS 15.15.230 is amended to read: 07 Sec. 15.15.230. Providing ballot to voter. When the voter has qualified to 08 vote, the election official [JUDGE] shall give the voter an official ballot. The voter 09 shall retire to a booth or private place to mark the ballot. 10 * Sec. 35. AS 15.15.240 is amended to read: 11 Sec. 15.15.240. Voter assistance [ASSISTING VOTER BY JUDGE]. A 12 qualified voter with a disability [WHO CANNOT READ, MARK THE BALLOT, OR 13 SIGN THE VOTER'S NAME] may request an election official [JUDGE], a person, or 14 not more than two persons of the voter's choice to assist. If the election official 15 [JUDGE] is requested, the election official [JUDGE] shall assist the voter. If any 16 other person is requested, the person shall state upon oath before the election official 17 [JUDGE] that the person will not divulge the vote cast by the person assisted. If a 18 person from whom assistance is requested refuses to take an oath, the voter 19 requesting assistance will be required to vote a questioned ballot. 20 * Sec. 36. AS 15.15.250 is amended to read: 21 Sec. 15.15.250. Disposition of spoiled [IMPROPERLY MARKED] ballot. 22 If a voter improperly marks , [OR OTHERWISE] damages , or otherwise spoils a 23 ballot, the voter may request and the election board shall provide another ballot, with 24 a maximum of three . The [, AND THE] board shall record on the precinct register 25 that there was a spoiled [THE NUMBER OF THE IMPROPERLY MARKED OR 26 DAMAGED] ballot and destroy the spoiled ballot [IT] immediately without 27 examining it. 28 * Sec. 37. AS 15.15.260 is amended to read: 29 Sec. 15.15.260. Placing ballot in ballot box by voter. When the voter has 30 marked a ballot, the voter shall inform the election official [JUDGE]. The 31 [DIRECTOR MAY REQUIRE THAT THE VOTER RETURN THE BALLOT TO
01 THE ELECTION JUDGE TEMPORARILY SO THAT ANY STUB WHICH MAY BE 02 PART OF THE BALLOT MAY BE REMOVED BY THE ELECTION JUDGE. ANY 03 SUCH REQUIREMENT SHALL PROTECT THE SECRECY OF THE BALLOT. IN 04 ALL CASES THE] ballot shall be deposited in the ballot box by the voter in the 05 presence of the election official [JUDGE] unless the voter requests the election official 06 [JUDGE] to deposit the ballot on the voter's behalf. Separate ballot boxes may be 07 used for separate ballots. 08 * Sec. 38. AS 15.15.330 is amended to read: 09 Sec. 15.15.330. Commencement of ballot count. When the polls are closed 10 and the last vote has been cast in a hand-count precinct , the election board [AND 11 CLERKS OR COUNTERS] shall immediately proceed to open the ballot box and to 12 count the votes cast. In all cases , the election board shall cause the count to be 13 continued without adjournment until the count is complete. 14 * Sec. 39. AS 15.15.340 is amended to read: 15 Sec. 15.15.340. Report, oath , and vacancies of additional election officials 16 [COUNTERS]. Additional election officials [COUNTERS] shall report to the 17 election board at the polls at the time designated by the election supervisor or the 18 chairperson [CHAIRMAN] of the election board to assume their duties to assist the 19 election board in counting the vote. Before undertaking the duties of office, each 20 additional election official [COUNTER] shall subscribe to an oath to honestly, 21 faithfully, impartially, and promptly carry out the duties of the position. [AN 22 ELECTION JUDGE MAY ADMINISTER THE OATH.] If an additional election 23 official [APPOINTED COUNTER] fails to appear and subscribe to the oath at the time 24 designated by the election supervisor, the election board shall appoint any qualified 25 voter to fill the vacancy. 26 * Sec. 40. AS 15.15.350 is amended to read: 27 Sec. 15.15.350. General procedure for ballot count. (a) The director may 28 adopt regulations prescribing the manner in which the precinct ballot count is 29 accomplished so as to assure accuracy in the count and to expedite the process. The 30 election board shall account for all ballots by completing a ballot statement containing 31 (1) the number of official ballots received; (2) the number of official ballots voted; (3)
01 the number of official ballots spoiled; (4) the number of official ballots unused and 02 destroyed. The board shall count the number of questioned ballots and shall compare 03 that number to the number of questioned voters in the register. Discrepancies shall be 04 noted and the numbers included in the certificate prescribed by AS 15.15.370. The 05 election board , in hand-count precincts, shall count the ballots in a manner that 06 allows watchers to see the ballots when opened and read. A [NO] person handling the 07 ballot after it has been taken from the ballot box and before it is placed in the 08 envelope for mailing may not have a marking device in hand or remove a ballot from 09 the immediate vicinity of the polls. 10 (b) Ballots may not be counted before 8:00 p.m. prevailing [, LOCAL] time 11 [,] on the day of the election. 12 * Sec. 41. AS 15.15.360 is amended to read: 13 Sec. 15.15.360. Rules for counting [HAND-MARKED] ballots in hand- 14 count precincts . (a) The election board shall count [HAND-MARKED] ballots in hand-count precincts 15 according to the following rules : [.] 16 (1) A voter may mark a ballot only by filling in, making [THE USE 17 OF CROSS-MARKS,] "X" marks, diagonal, horizontal , or vertical marks, solid marks, 18 stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval 19 [SQUARE] opposite the name of the candidate , proposition, or question that the 20 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 persons to be elected 24 to the office, a vote shall be counted for each candidate properly marked. 25 (4) If a voter marks more names than there are persons to be elected 26 to the office, the votes for candidates for that office may not be counted. 27 (5) The mark specified in (1) of this subsection shall be counted only 28 if it is substantially inside the oval [SQUARE] provided, or touching the oval 29 [SQUARE] so as to indicate clearly that the voter intended the particular oval 30 [SQUARE] to be designated. 31 (6) Improper marks on the ballot may not be counted and do not
01 invalidate marks for candidates properly made. 02 (7) An erasure or correction invalidates only that section of the ballot 03 in which it appears. 04 (8) A vote marked for the candidate for President or Vice-President of 05 the United States is considered and counted as a vote for the election of the 06 presidential electors. 07 (9) Write-in votes are not invalidated by writing in the name of a 08 candidate whose name is printed on the ballot unless the election board determines, on 09 the basis of other evidence , that the ballot was so marked for the purpose of 10 identifying the ballot. 11 (10) Stickers bearing a candidate's name may be affixed to the ballot 12 in place of writing in a candidate's name if write-in votes are otherwise permitted. 13 Stickers may not be issued by members of the election board while serving at the 14 polls. Stickers may not be offered to voters within 200 feet of the polling place. 15 (11) In order to vote for a write-in candidate, the voter must write in 16 the candidate's name in the space provided or place a sticker in the space and fill in 17 [, IN ADDITION, MARK] the oval [SQUARE] opposite the candidate's name in 18 accordance with (1) of this subsection. 19 (12) A vote for a write-in candidate, other than a write-in vote for 20 governor and lieutenant governor, shall be counted if the oval is filled in for that 21 candidate and if the name, as it appears on the write-in declaration of candidacy, 22 of the candidate or the last name of the candidate is written in or appears on a 23 sticker placed in the space provided. 24 (13) If the write-in vote is for governor and lieutenant governor, the 25 vote shall be counted if the oval is filled in and the names, as they appear on the 26 write-in declaration of candidacy, of the candidates for governor and lieutenant 27 governor or the last names of the candidates for governor and lieutenant 28 governor, or the name, as it appears on the write-in declaration of candidacy, of 29 the candidate for governor or the last name of the candidate for governor is 30 written in or appears on a sticker placed in the space provided. 31 (b) The rules set out in this section are mandatory and there are [SHALL BE]
01 no exceptions to them. A ballot may not be counted unless marked in compliance 02 with these rules. 03 (c) The rules set out in this section apply to [HAND-MARKED PUNCH- 04 CARD] ballots used in hand-count precincts where precinct tabulators [IF PUNCH- 05 CARD MACHINES] are not available [IN A PRECINCT]. 06 * Sec. 42. AS 15.15.380 is amended to read: 07 Sec. 15.15.380. Payment of election board members. The director shall pay 08 each election board member for time spent at election duties, including the receiving 09 of instructions. Election board chairpersons [CHAIRMEN] and the chairpersons 10 [CHAIRMAN] and members of the absentee ballot, questioned ballot , and state ballot 11 counting review boards shall be paid for time spent at their election duties. The 12 director shall set the compensation to be paid under this section by regulation. 13 * Sec. 43. AS 15.15.390 is amended to read: 14 Sec. 15.15.390. Certifying election expenses. The director shall prescribe the 15 manner of certifying, auditing, and paying election expenses, including the cost of 16 giving notice, renting polling places, paying election officials [JUDGES, CLERKS, 17 AND COUNTERS], securing a ballot box, postage, and stationery, and obtaining 18 similar election necessities. 19 * Sec. 44. AS 15.15.430 is repealed and reenacted to read: 20 Sec. 15.15.430. Scope of the review of ballot counting. (a) The review of 21 ballot counting by the director shall include only a review of 22 (1) the precinct registers, tallies, and ballots cast; and 23 (2) absentee and questioned ballots as prescribed by law. 24 (b) If, following the ballot review set out in (a) of this section, the director 25 finds an unexplained discrepancy in the ballot count in any precinct, the director may 26 count the ballots from that precinct. The director shall certify in writing to the state 27 ballot counting review board any changes resulting from the count. 28 * Sec. 45. AS 15.15.450 is amended to read: 29 Sec. 15.15.450. Certification of state ballot counting review. Upon 30 completion of the state ballot counting review , the director shall certify the persons 31 [PERSON] receiving the largest number of votes for the offices of governor and
01 lieutenant governor [OFFICE FOR WHICH THAT PERSON WAS A CANDIDATE] 02 as elected to those offices, shall certify the person receiving a majority of the votes 03 cast for an office other than governor or lieutenant governor as elected to that 04 office , and shall certify the approval of a justice or judge not rejected by a majority 05 of the voters voting on the question. The director shall issue to the elected candidates 06 and approved justices and judges [,] a certificate of their election or approval. The 07 director shall also certify the results of a proposition and other question , except that 08 the lieutenant governor shall certify the results of an initiative, referendum , or 09 constitutional amendment. If no person received a majority of the votes cast for 10 an office other than governor or lieutenant governor, the director shall hold a 11 runoff election 30 days after the general election. The director shall place on the 12 ballot the names of the two persons who received the greatest number of votes in 13 the general election for each office other than governor and lieutenant governor 14 for which no person obtained a majority of the votes cast. The director shall 15 certify the person receiving a majority of the votes cast for an office in a runoff 16 election as elected to that office. 17 * Sec. 46. AS 15.15.470 is amended to read: 18 Sec. 15.15.470. Preservation of election ballots, papers, and materials. The 19 director shall preserve all precinct election certificates, tallies, and registers for four 20 years after the election. All ballots and stubs for elections other than national 21 elections may be destroyed 30 days after the certification of the state ballot counting 22 review unless an application for recount has been filed and not completed, or unless 23 their destruction is stayed by an order of the court. All ballots for national elections 24 may be destroyed in accordance with federal law. The director may permit the 25 inspection of election materials upon call by the Congress, the state legislature, or a 26 court of competent jurisdiction. 27 * Sec. 47. AS 15.20.015 is amended to read: 28 Sec. 15.20.015. Moving from house [ELECTION] district just before 29 election. A person who meets all voter qualifications except the requirement [THAT 30 LISTED] in AS 15.05.010(4) is qualified to vote by absentee ballot in the house 31 [ELECTION] district in which the person formerly resided if the person lived in that
01 house [ELECTION] district for at least 30 days immediately before changing 02 residence , except that the person may vote only for 03 (1) statewide ballot measures and questions; 04 (2) candidates for federal or statewide offices; 05 (3) candidates for the state senate if the voter's former residence 06 and present residence are in the same senate district; and 07 (4) candidates for judicial retention if the voter's former residence 08 and present residence are in the same judicial district . 09 * Sec. 48. AS 15.20.020 is amended to read: 10 Sec. 15.20.020. Provision for general administrative supervision. The 11 director shall provide general administrative supervision over the conduct of absentee 12 voting. The director shall make available instructions to absentee voters regarding the 13 procedure for absentee voting. [ONE SET OF INSTRUCTIONS SHALL 14 ACCOMPANY EACH ABSENTEE BALLOT.] 15 * Sec. 49. AS 15.20.061(a) is amended to read: 16 (a) A qualified voter may apply in person for an absentee ballot to the 17 following election officials at the times specified: 18 (1) to an absentee voting official [IN THE ELECTION DISTRICT IN 19 WHICH THE VOTER RESIDES] on or after the 15th day before an election up to and 20 including [THE DAY BEFORE] the date of the election; 21 (2) to an election supervisor 22 (A) after a date announced by the director under 23 AS 15.20.048(b); and 24 (B) on or after the 15th day before an election up to and 25 including the date of the election; 26 (3) to an absentee voting official at an absentee voting station 27 designated under AS 15.20.045(b) at any time when the absentee voting station is 28 operating; 29 (4) [TO AN ABSENTEE VOTING OFFICIAL IN THE PRECINCT 30 IN WHICH THE VOTER RESIDES WHEN DISTANCES PRECLUDE EASY 31 ACCESS TO THE POLLING PLACE ON OR AFTER THE 15TH DAY BEFORE
01 AN ELECTION UP TO AND INCLUDING ELECTION DAY; 02 (5)] to an absentee voting official in the precinct in which no volunteers 03 can be located to serve on the election board on or after the 15th day before an 04 election up to and including election day. 05 * Sec. 50. AS 15.20.061(d) is amended to read: 06 (d) The election official may not accept a marked ballot that has been 07 exhibited by an absentee voter with intent to influence other voters. If the absentee 08 voter spoils [IMPROPERLY MARKS OR OTHERWISE DAMAGES] a ballot, the 09 voter may request and the election official shall provide another ballot up to a 10 maximum of three. Exhibited or spoiled [, IMPROPERLY MARKED, OR 11 DAMAGED] ballots shall be destroyed. The numbers of all ballots destroyed shall be 12 noted on the ballot statement. 13 * Sec. 51. AS 15.20 is amended by adding a new section to read: 14 Sec. 15.20.064. Early voting. (a) A qualified voter who meets the 15 requirements set out in this section may vote early in the office of an election 16 supervisor on or after the 15th day before an election up to and including election day. 17 (b) The election supervisor or other election official shall issue a ballot to the 18 voter upon 19 (1) exhibition of proof of identification as required in AS 15.15.225; 20 (2) verification that the voter's residence address appearing on the 21 official registration list is current and within the election supervisor's jurisdiction; and 22 (3) the voter's signing the early voting register. 23 (c) After the voter has marked the ballot, the voter shall place the ballot in the 24 secrecy sleeve and inform the election supervisor or other election official. The voter 25 shall deposit the ballot in the ballot box in the presence of the election supervisor or 26 other election official unless the voter requests the election supervisor or other election 27 official to deposit the ballot on the voter's behalf. The tabulation of early voting 28 ballots may not begin before 8:00 p.m. prevailing time on election day. 29 * Sec. 52. AS 15.20 is amended by adding a new section to read: 30 Sec. 15.20.072. Special needs voting. (a) A qualified voter with a disability 31 who, because of that disability, is unable to go to a polling place to vote may vote a
01 special needs ballot. 02 (b) The voter may, through a representative, request a special needs ballot 03 from the following election officials at the times specified: 04 (1) from an absentee voting official on or after the 15th day before an 05 election, up to and including election day; 06 (2) from an election supervisor 07 (A) after a date announced by the director under 08 AS 15.20.048(b); and 09 (B) on or after the 15th day before an election up to and 10 including election day; 11 (3) from an absentee voting official at an absentee voting station 12 designated under AS 15.20.045(b) at a time when the absentee voting station is in 13 operation; or 14 (4) from a member of the precinct election board on election day. 15 (c) If the request for a special needs ballot is made through a representative, 16 the representative shall sign a register provided by an election official. The register 17 must include the following information: 18 (1) the representative's name; 19 (2) the representative's residence and mailing address; 20 (3) the representative's social security number, voter number, or date 21 of birth; 22 (4) the name of the voter on whose behalf the representative is 23 requesting a ballot and voting materials; 24 (5) an oath that the representative 25 (A) is receiving a ballot and voting materials on behalf of the 26 voter; 27 (B) will not vote the ballot for the voter; 28 (C) will not coerce the voter; 29 (D) will not divulge the vote cast by the voter; and 30 (E) has been notified that unlawful interference with voting is 31 punishable under AS 15.56.030;
01 (6) the representative's signature. 02 (d) The representative shall deliver the special needs ballot and other voting 03 materials to the voter as soon as practicable. The voter shall mark the ballot in secret, 04 place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope 05 provided. The voter shall provide the information on the envelope that would be 06 required for absentee voting if the voter voted in person. The voter shall sign the 07 voter's certificate in the presence of the representative. The representative shall sign 08 as attesting official and date the voter's signature. 09 (e) The representative shall deliver the ballot and voter certificate to an 10 election official not later than 8:00 p.m. prevailing time on election day. 11 (f) If a qualified voter's disability precludes the voter from performing any of 12 the requirements of (d) of this section, the representative may perform those 13 requirements, except making the voting decision, on the voter's behalf. 14 (g) The voter's employer, an agent of the voter's employer, or an officer or 15 agent of the voter's union may not act as a representative for the voter. A candidate 16 for office at an election may not act as a representative for a voter in the election. 17 * Sec. 53. AS 15.20.081(b) is amended to read: 18 (b) An application requesting delivery of an absentee ballot to the applicant 19 by mail must be received by the division of elections not less than seven days before 20 the election for which the absentee ballot is sought. An application for an absentee 21 ballot for a state election from a qualified voter requesting delivery of an absentee 22 ballot to the applicant by electronic transmission must be received by the division of 23 elections not later than 5:00 p.m. prevailing [ALASKA] time on the day before the 24 election for which the absentee ballot is sought. An absentee ballot application 25 submitted by mail under this section must permit the person to register to vote under 26 AS 15.07.070 and to request an absentee ballot for each state election held within that 27 calendar year for which the voter is eligible to vote. An absentee ballot application 28 submitted by electronic transmission under this section may not include a provision 29 that permits a person to register to vote under AS 15.07.070. 30 * Sec. 54. AS 15.20.082(c) is amended to read: 31 (c) A special state absentee ballot prepared for the state general election or for
01 a state special election shall, if the names of candidates are not yet certified, permit 02 a voter to cast a ballot for all the candidates of a particular political party that expects 03 to have candidates appear on the ballot; for this purpose, the director shall prepare the 04 ballot with party boxes and a blank line for each office to be voted on in that election. 05 The voter may vote for a candidate for that office by writing in the name of a person 06 and filling in [MARKING] the oval [BOX] to the right of that name , or the voter may 07 mark one of the party boxes. If the voter puts a mark in a party box for that office, 08 the director shall count the mark as a vote cast for the candidate for that office 09 nominated by that party. If the voter writes in a name for an office, the vote shall be 10 counted as a write-in vote for that office. The director shall count the ballots under 11 AS 15.15.360. The director shall provide the voter with the names of each candidate 12 appearing on the primary election ballot and the names of any candidates who have 13 qualified by petition to appear on the general election ballot. 14 * Sec. 55. AS 15.20.190(a) is amended to read: 15 (a) Thirty days before the date of an election, the election supervisors shall 16 appoint, in the same manner provided for the appointment of election officials 17 [JUDGES] prescribed in AS 15.10 [AS 15.10.150], district absentee ballot counting 18 boards and district questioned ballot counting boards, each composed of at least four 19 members. At least one member of each board must be a member of the same political 20 party of which the governor is a member, and at least one member of each board must 21 be a member of the political party whose candidate for governor received the second 22 largest number of votes in the preceding gubernatorial election. The district boards 23 shall assist the election supervisors in counting the absentee and questioned ballots and 24 shall receive the same compensation paid election officials [JUDGES] under 25 AS 15.15.380. 26 * Sec. 56. AS 15.20.201(b) is amended to read: 27 (b) Counting of absentee ballots that have been reviewed shall begin at 28 8:00 p.m. prevailing [, LOCAL] time [,] on the day of the election at places 29 designated by each election supervisor and shall continue until all absentee ballots 30 reviewed and eligible for counting have been counted. The counting teams shall report 31 the count of absentee ballots to the district absentee ballot counting board. An election
01 supervisor or an election official may not count absentee ballots before 8:00 p.m. 02 prevailing [, LOCAL] time [,] on the day of the election. Counting of the absentee 03 ballots shall continue at times designated by the election supervisor until all absentee 04 ballots are counted. 05 * Sec. 57. AS 15.20.205(c) is amended to read: 06 (c) The district questioned ballot counting board may [SHALL] certify the 07 questioned ballot totals as soon as the count is completed but no later than the 15th 08 [10TH] day following the election. 09 * Sec. 58. AS 15.20.211(a) is amended to read: 10 (a) If a qualified voter of the state votes a ballot for a house [AN ELECTION] 11 district other than the house [ELECTION] district in which the voter is registered, that 12 person may vote only for 13 (1) statewide ballot measures and questions; 14 (2) candidates for federal or statewide offices; 15 (3) candidates for the state senate if the voter's former residence 16 and present residence are in the same senate district; and 17 (4) candidates for judicial retention if the voter's former residence 18 and present residence are in the same judicial district [THE VOTES CAST FOR 19 STATEWIDE CANDIDATES AND FOR STATEWIDE BALLOT PROPOSITIONS 20 AND STATEWIDE QUESTIONS SHALL BE COUNTED. IF THE QUALIFIED 21 VOTER VOTED FOR A CANDIDATE FOR THE STATE SENATE FROM THE 22 SENATE DISTRICT IN WHICH THE VOTER IS A RESIDENT, THE VOTE 23 SHALL BE COUNTED. THE VOTES CAST FOR CANDIDATES OR BALLOT 24 PROPOSITIONS OR QUESTIONS NOT APPEARING ON THE BALLOT OF THE 25 DISTRICT IN WHICH THE VOTER IS A RESIDENT MAY NOT BE COUNTED]. 26 * Sec. 59. AS 15.20.430(b) is amended to read: 27 (b) The date on which the director receives an application rather than the date 28 of mailing or transmission determines whether the application is filed within the time 29 allowed under (a) of this section. If the actual physical delivery by telegram of a copy 30 in substance of the statements made in the application for recount is received in the 31 office of the director at or before 5:00 p.m. prevailing [ALASKA STANDARD] time
01 on the due date, the application will be accepted; providing the original signed 02 application is postmarked at or before 5:00 p.m. prevailing [ALASKA STANDARD] 03 time of the same day. 04 * Sec. 60. AS 15.20.480 is amended to read: 05 Sec. 15.20.480. Procedure for recount. In conducting the recount, the 06 director shall review all ballots , whether the ballots were counted at the precinct or by 07 computer or by the district absentee counting board or the questioned ballot counting 08 board , to determine which ballots, or part of ballots, were properly marked and which 09 ballots are to be counted in the recount, and shall check the accuracy of the original 10 count, the precinct certificate , and the review. [THE DIRECTOR SHALL CHECK 11 THE NUMBER OF BALLOTS AND QUESTIONED BALLOTS CAST IN A 12 PRECINCT AGAINST THE REGISTERS AND SHALL CHECK ABSENTEE 13 BALLOTS VOTED AGAINST ABSENTEE BALLOTS DISTRIBUTED.] The 14 director shall count absentee ballots received before the completion of the recount. For 15 administrative purposes, the director may join and include two or more applications 16 in a single review and count of votes. The rules in AS 15.15.360 governing the 17 counting of [HAND-MARKED] ballots in hand-count precincts [AND THE RULES 18 IN AS 15.20.730 GOVERNING THE COUNTING OF PUNCH-CARD BALLOTS] 19 shall be followed in the recount when a ballot is challenged on the basis of a 20 question regarding the voter's intent to vote for the candidate, proposition, or 21 question . The ballots and other election material must remain in the custody of the 22 director during the recount , and the highest degree of care shall be exercised to protect 23 the ballots against alteration or mutilation. The recount shall be completed within 10 24 days. The director may employ additional personnel necessary to assist in the recount. 25 * Sec. 61. AS 15.20.490 is amended to read: 26 Sec. 15.20.490. Certification of results. If it is determined by recount that 27 the plurality of votes was cast for candidates for the offices of governor and 28 lieutenant governor, or that a majority of votes was cast for a candidate for an 29 office other than governor or lieutenant governor [A CANDIDATE], the director 30 shall issue a certificate of election or nomination to the elected or nominated candidate 31 as determined by the recount. If it is determined by the recount that a proposition or
01 question should be certified as having received the required vote, the director shall so 02 certify except that the lieutenant governor shall so certify if the proposition or question 03 involves an initiative, a referendum, or a constitutional amendment. 04 * Sec. 62. AS 15.20.800(e) is amended to read: 05 (e) The director shall review ballots voted under this section under procedures 06 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. The 07 director shall establish the schedule for counting ballots in an election conducted 08 by mail. 09 * Sec. 63. AS 15.25.040(a) is amended to read: 10 (a) The declaration is filed by either 11 (1) the actual physical delivery of the declaration in person or by mail 12 at or before 5:00 p.m. [,] prevailing time on [,] June 1 of the year in which a general 13 election is held for the office; or 14 (2) reliable electronic transmission [THE ACTUAL PHYSICAL 15 DELIVERY BY TELEGRAM] of a copy in substance of the statements made in 16 paragraphs (1) - (5) of the declaration as required by AS 15.25.030(a) at or before 17 5:00 p.m. [, ] prevailing time on [,] June 1 of the year in which a general election is 18 held for the office and also the actual physical delivery of the declaration containing 19 paragraphs (1) - (16) as required by AS 15.25.030(a) by [REGISTERED] mail that 20 [WHICH] is received not more than 15 days after that time. 21 * Sec. 64. AS 15.25.100 is amended to read: 22 Sec. 15.25.100. Placement of nominees on general election ballot. The 23 director shall place the name of the candidate receiving the highest number of votes 24 for an office by a political party on the general election ballot. However, the director 25 may not place on the general election ballot the name of the candidate from a 26 political party receiving the greatest number of votes for the office of 27 (1) governor unless there is also a candidate for lieutenant governor 28 of that political party; 29 (2) lieutenant governor unless there is also a candidate for governor 30 of that political party. 31 * Sec. 65. AS 15.25 is amended by adding a new section to read:
01 Sec. 15.25.105. Write-in candidates. (a) If a candidate does not appear on 02 the primary election ballot or is not successful in advancing to the general election and 03 wishes to be a candidate in the general election, the candidate may file as a write-in 04 candidate. Votes for a write-in candidate may not be counted unless that candidate has 05 filed a letter of intent with the director stating 06 (1) the full name of the candidate; 07 (2) the full residence address of the candidate and the date on which 08 residency at that address began; 09 (3) the full mailing address of the candidate; 10 (4) the name of the political party or political group of which the 11 candidate is a member, if any; 12 (5) if the candidate is for the office of state senator or state 13 representative, the house or senate district of which the candidate is a resident; 14 (6) the office that the candidate seeks; 15 (7) if the candidate is running for the office of governor and is a 16 member of a political party or political group, the name of a candidate for lieutenant 17 governor from the same political party or political group, if any; 18 (8) the date of the election at which the candidate seeks election; 19 (9) the length of residency in the state and in the house district of the 20 candidate; 21 (10) the name of the candidate as the candidate wishes it to be written 22 by the voter; 23 (11) that the candidate meets the specific citizenship requirements of 24 the office for which the person is a candidate; 25 (12) that the candidate will meet the specific age requirements of the 26 office for which the person is a candidate by the time that the candidate, if elected, is 27 sworn into office; 28 (13) that the candidate is a qualified voter as required by law; and 29 (14) that the candidate is not a candidate for any other office to be 30 voted on at the general election and that the candidate is not a candidate for this office 31 under any other nominating petition or declaration of candidacy.
01 (b) Votes for a write-in candidate may not be counted unless the candidate 02 files a letter of intent in accordance with (a) of this section before 5:00 p.m. prevailing 03 time on the day before the general election. 04 * Sec. 66. AS 15.25.130 is amended to read: 05 Sec. 15.25.130. Selection of nominees for party petition. The nominees of 06 political parties by party petition may be selected for statewide offices by the state 07 party central committee or in any other manner prescribed by the party bylaws, and 08 the petition for statewide offices shall be signed by the state chairperson 09 [CHAIRMAN] of the political party [CENTRAL COMMITTEE,] or , in the absence 10 of the state chairperson [CHAIRMAN], by any two members of the state party 11 central committee. The nominees of political parties by party petition may be selected 12 for district-wide offices by the respective party district committee or in any other 13 manner prescribed by the party bylaws, and the petition for district-wide offices shall 14 be signed by the chairperson [CHAIRMAN] of the party district committee, or in the 15 absence of the chairperson [CHAIRMAN], by any two members of the party district 16 committee, or in any other manner prescribed by the party bylaws. The petition may 17 be delivered in person, or by mail, telegraph, [OR] facsimile , or other reliable 18 electronic transmission . 19 * Sec. 67. AS 15.25.150 is amended to read: 20 Sec. 15.25.150. Date of filing petition. The petition is filed with the director 21 by actual physical delivery in person at or before 5:00 p.m. [,] prevailing time on [,] 22 June 1 in the year in which a general election is held for the office, or by actual 23 physical delivery to the director by registered or certified mail return receipt requested 24 that [WHICH] is postmarked at or before 5:00 p.m. [,] prevailing time on [,] June 1 25 in the year in which a general election is held for the office [,] and received not more 26 than 15 days after that time. If the postmark is illegible, a dated receipt from the post 27 office where dispatched shall be acceptable as evidence of mailing. If June 1 is a 28 Sunday or holiday, the deadlines for postmarking and receipt of the petition shall be 29 extended 24 hours in each instance. 30 * Sec. 68. AS 15.25.180(a) is amended to read: 31 (a) The petition must state in substance
01 (1) the full name of the candidate; 02 (2) the full residence address of the candidate [,] and the date on which 03 residency at that address began; 04 (3) the full mailing address of the candidate; 05 (4) the name of the political group, if any, supporting the candidate; 06 (5) if the candidacy is for the office of state senator or state 07 representative, the house [ELECTION] or senate district of which the candidate is a 08 resident; 09 (6) the office for which the candidate is nominated; 10 (7) the date of the election at which the candidate seeks election; 11 (8) the length of residency in the state and in the district of the 12 candidate; 13 (9) that the subscribers are qualified voters of the state or house 14 [ELECTION] or senate district in which the candidate resides; 15 (10) that the subscribers request that the candidate's name be placed on 16 the primary election ballot; 17 (11) that the proposed candidate accepts the nomination and will serve 18 if elected, with the statement signed by the proposed candidate; 19 (12) the name of the candidate as the candidate wishes it to appear on 20 the ballot; [AND] 21 (13) that the candidate is not a candidate for any other office to be 22 voted on at the primary or general election and that the candidate is not a candidate 23 for this office under any other nominating petition or declaration of candidacy ; 24 (14) that the candidate meets the specific citizenship requirements 25 of the office for which the person is a candidate; 26 (15) that the candidate will meet the specific age requirements of 27 the office for which the person is a candidate by the time that the candidate, if 28 elected, is sworn into office; and 29 (16) that the candidate is a qualified voter . 30 * Sec. 69. AS 15.30.020 is amended to read: 31 Sec. 15.30.020. Number and manner of selecting candidates. Each political
01 party shall select a number of candidates for electors of President and Vice-President 02 [VICE PRESIDENT] of the United States equal to the number of senators and 03 representatives to which the state is entitled in Congress. The candidates for electors 04 shall be selected by the state party convention or in any other manner prescribed by 05 the bylaws of the party. The chairperson [CHAIRMAN] and secretary of the state 06 convention or any other party official designated by the party bylaws shall certify a 07 list of the names of candidates for electors to the director on or before September 1 08 in presidential election years. 09 * Sec. 70. AS 15.40.075(b) is amended to read: 10 (b) Notwithstanding AS 15.25.040, the declaration of a member of a political 11 party who seeks to become a candidate of the party in the special primary election 12 under AS 15.40.010 is filed by either the actual physical delivery (1) of the declaration 13 in person or by mail at or before 5:00 p.m. [,] prevailing time [,] on the third day 14 following the proclamation; or (2) by telegram or other reliable electronic means of 15 a copy in substance of the statements made in paragraphs (1) - (5) of the declaration 16 as required by AS 15.25.030(a) at or before 5:00 p.m. [,] prevailing time [,] on the 17 third day following the proclamation and also the actual physical delivery of the 18 declaration containing paragraphs (1) - (16) as required by AS 15.25.030(a) to the 19 United States Postal Service for delivery by the most expeditious means possible. If 20 the declaration is not received within seven calendar days, the candidate shall be 21 notified of nonreceipt. The candidate shall have the opportunity to refile the 22 declaration with proof that a previous declaration has been filed in a timely manner 23 and in accordance with law. 24 * Sec. 71. AS 15.40.300 is amended to read: 25 Sec. 15.40.300. Selection of party nominees. The nominees of political 26 parties may be selected by state convention or in any other manner prescribed by the 27 party bylaws, and the petition shall be signed by the chairperson [CHAIRMAN] and 28 secretary of the state convention, or , if the nominees are selected by the party central 29 committee, the petition shall be signed by the state chairperson of the political party 30 [CHAIRMAN OF THE CENTRAL COMMITTEE] or in any other manner prescribed 31 by the party bylaws.
01 * Sec. 72. AS 15.50.040 is amended to read: 02 Sec. 15.50.040. Display of resolution. The director shall provide each 03 election board with one copy [10 COPIES] of the resolution proposing the 04 constitutional amendment by the legislature or by the convention, and the election 05 board shall display the copy [THREE COPIES] of the resolution in a conspicuous 06 place in the room where the election is held. 07 * Sec. 73. AS 15.56.016(a) is amended to read: 08 (a) A person commits the crime of campaign misconduct in the third degree 09 if 10 (1) the person violates a provision of AS 15.13 or a regulation adopted 11 under AS 15.13; or 12 (2) during the hours the polls are open and after election officials 13 [JUDGES] have posted warning notices as required by AS 15.15.170 or at the required 14 distance in the form and manner prescribed by the chief municipal elections official 15 in a local election, the person is within 200 feet of an entrance to a polling place, and 16 (A) violates AS 15.15.170; or 17 (B) circulates cards, handbills, or marked ballots, or posts 18 political signs or posters relating to a candidate at an election or election 19 proposition or question. 20 * Sec. 74. AS 15.56.030(d) is amended to read: 21 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 22 (1) includes [, BUT IS NOT LIMITED TO,] 23 (A) an entry in a game of chance in which a prize of money or 24 other present or future pecuniary gain or advantage may be awarded to a 25 participant wherein the total of the prizes offered is greater than $2 per 26 participant with a maximum of $100; and 27 (B) government employment or benefits; 28 (2) does not include 29 (A) materials having a nominal value bearing the name, 30 likeness, or other identification of a candidate, political party, political group, 31 party district committee, or organization, or stating a position on a ballot
01 proposition or question; 02 (B) food and refreshments provided incidental to an activity that 03 is nonpartisan in nature and directed at encouraging persons to vote, or 04 incidental to a gathering in support of or in opposition to a candidate, political 05 party, political group, party district committee, organization, or ballot question 06 or proposition; 07 (C) care of the voter's dependents provided in connection with 08 the absence of a voter from home for the purpose of voting; 09 (D) services provided by a person acting as a [PERSONAL] 10 representative under AS 15.20.072 [AS DEFINED IN AS 15.20.071]; 11 (E) services provided by an election official as defined in 12 AS 15.60.010; and 13 (F) transportation of a voter to or from the polls without charge. 14 * Sec. 75. AS 15.58.030(b) is amended to read: 15 (b) No later than July 22 [JULY 15] of a year in which a state general 16 election will be held, an individual who becomes a candidate for the office of United 17 States senator, United States representative, governor, lieutenant governor, state 18 senator, or state representative under AS 15.25.030 or 15.25.180 [UNDER 19 AS 15.25.180] may file with the lieutenant governor a photograph and a statement 20 advocating the candidacy. An individual who becomes a candidate for the office of 21 United States senator, United States representative, governor, lieutenant governor, state 22 senator, or state representative by party petition filed under AS 15.25.110 may file 23 with the lieutenant governor a photograph and a statement advocating the candidacy 24 within 10 days of becoming a candidate. 25 * Sec. 76. AS 15.58.080(a) is amended to read: 26 (a) Not less than 22  days before the general election, the lieutenant 27 governor shall mail to every registered voter one copy of the pamphlet prepared for 28 the region in which the voter resides. Additional pamphlets may be obtained from the 29 director, the office of the lieutenant governor, and the area election offices. 30 * Sec. 77. AS 15.60.010(2) is amended to read: 31 (2) "ballot" means any document provided by the director on which
01 votes may be cast for candidates, propositions, or questions [A HAND-MARKED 02 BALLOT AND A PUNCH-CARD BALLOT]; 03 * Sec. 78. AS 15.60.010(4) is amended to read: 04 (4) "election board" means the board appointed in accordance with 05 AS 15.10.120 [LOCAL PRECINCT BOARD COMPOSED OF THE THREE 06 ELECTION JUDGES]; 07 * Sec. 79. AS 15.60.010(5) is amended to read: 08 (5) " house [ELECTION] district" means one of the districts described 09 in [ART. XIV, SEC. 3, OF THE STATE CONSTITUTION, AS MAY BE MODIFIED 10 UNDER] art. VI , sec. 1, Constitution of the State of Alaska [OF THE STATE 11 CONSTITUTION]; 12 * Sec. 80. AS 15.60.010(6) is amended to read: 13 (6) "election official" means election board members [JUDGES, 14 CLERKS, COUNTERS], members of counting or review boards, employees of the 15 division of elections , and absentee voting officials; 16 * Sec. 81. AS 15.60.010(8) is repealed and reenacted to read: 17 (8) "felony involving moral turpitude" includes those felony crimes that 18 are immoral or wrong in themselves such as murder, manslaughter, criminally 19 negligent homicide, assault, sexual assault, sexual abuse of a minor, robbery, extortion, 20 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 21 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 22 business records, commercial bribe receiving, commercial bribery, bribery, receiving 23 a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a child, 24 escape, promoting contraband, interference with official proceedings, receiving a bribe 25 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 26 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 27 explosives, unlawful furnishing of explosives, promoting prostitution, criminal 28 mischief, misconduct involving a controlled substance or an imitation controlled 29 substance, unlawful exploitation of a minor, permitting an escape, promoting gambling, 30 possession of gambling records, distribution of child pornography, possession of child 31 pornography, and similar crimes from this state or another jurisdiction;
01 * Sec. 82. AS 15.60.010(10) is amended to read: 02 (10) " hand-counted [HAND-MARKED] ballot" means a ballot 03 designated to be counted [MARKED] by hand in precincts where precinct 04 tabulators are not available [WITH A PEN OR PENCIL]; 05 * Sec. 83. AS 15.60.010(28) is amended to read: 06 (28) "senate district" means one of the [TERRITORY INCLUDED IN 07 THE ELECTION] districts described in [AS DESIGNATED IN ART. XIV, SEC. 2, 08 OF THE STATE CONSTITUTION, AS MAY BE MODIFIED UNDER] art. VI , 09 sec. 2, Constitution of the State of Alaska [OF THE STATE CONSTITUTION]; 10 * Sec. 84. AS 15.60.010(31) is amended to read: 11 (31) "state chairperson [CHAIRMAN]" or "state party chairperson" 12 means the political party official elected as the highest ranking statewide party 13 executive; 14 * Sec. 85. AS 15.60.010 is amended by adding new paragraphs to read: 15 (37) "judicial district" means one of the districts defined in 16 AS 22.10.010; 17 (38) "precinct tabulators" means an electronic optical scanning ballot 18 tabulation system or other tabulator designated by the director to electronically count 19 ballots. 20 * Sec. 86. AS 29.20.070(b) is amended to read: 21 (b) Not later than the first regular election that occurs after adoption of a final 22 state redistricting plan under art. VI, sec. 10, Constitution of the State of Alaska 23 [THE REPORT OF A FEDERAL DECENNIAL CENSUS], the assembly shall propose 24 and submit to the voters of the borough, at that regular election or at a special election 25 called for the purpose, one or more forms of assembly representation. The forms of 26 representation that the assembly may submit to the voters are: 27 (1) election of members of the assembly at large by the voters 28 throughout the borough; 29 (2) election of members of the assembly by district, including 30 (A) election at large by the voters throughout the borough, but 31 with a requirement that a candidate live in an election district established by
01 the borough for election of assembly members; or 02 (B) election from election districts established by the borough 03 for the election of assembly members by the voters of a district; 04 (3) election of members of the assembly both at large and by district. 05 * Sec. 87. AS 29.20.080(a) is amended to read: 06 (a) Not later than two months after adoption of a final state redistricting 07 plan under art. VI, sec. 10, Constitution of the State of Alaska [THE OFFICIAL 08 REPORT OF A FEDERAL DECENNIAL CENSUS], the assembly shall determine and 09 declare by resolution whether the existing apportionment of the assembly meets the 10 standards of AS 29.20.060. If the assembly submits to the voters a form of 11 representation that includes election of assembly members under AS 29.20.070(b)(2) 12 or (3), [(b)(3)] the assembly shall submit with the proposition a proposed plan of 13 apportionment that corresponds to the form of representation proposed. The assembly 14 shall describe the plan of apportionment in the ballot proposition, and may present the 15 plan in any manner that it believes accurately describes the apportionment that is 16 proposed under the form of representation. If the assembly determines that its existing 17 apportionment meets the standards of AS 29.20.060, the assembly may include the 18 existing apportionment as a proposed plan of apportionment of assembly seats that 19 corresponds to a form of representation that is proposed. 20 * Sec. 88. AS 29.20.080(b) is amended to read: 21 (b) The assembly shall provide, by ordinance, for a change in an existing 22 apportionment of the assembly whenever it determines that the apportionment does not 23 meet the standards of AS 29.20.060. The assembly may provide, by ordinance, for 24 a change in an existing apportionment of the assembly whenever a final state 25 redistricting plan is changed as a result of federal or court action. At the same 26 time a change in apportionment is provided for under this subsection , the assembly 27 may, by ordinance, change the composition of the assembly. 28 * Sec. 89. AS 29.20.080(e) is amended to read: 29 (e) Within six months after a determination by the assembly under (b) or (c) 30 of this section that the current apportionment should be changed [DOES NOT MEET 31 THE STANDARDS OF AS 29.20.060] the assembly shall adopt an ordinance
01 providing for reapportionment and submit the ordinance to the voters. If, at the end 02 of the six-month time period, an ordinance providing for reapportionment has not been 03 approved by the voters and if the current apportionment does not meet the 04 standards of AS 29.20.060 , the commissioner shall provide for the reapportionment 05 in accordance with the standards of AS 29.20.060 by preparing an order of 06 reapportionment and delivering the order to the borough mayor. 07 * Sec. 90. AS 29.26.050(b) is amended to read: 08 (b) Voter registration by the municipality may not be required. However, in 09 order to vote for a candidate or on a ballot measure relating to a specific local election 10 district or service area, a municipality may by ordinance require that a person be 11 registered to vote in state elections at least 30 days before the municipal election at an 12 address within the boundaries of that local election district or service area. The 13 municipality has the responsibility to determine if a voter meets the requirements 14 of the ordinance and this section. 15 * Sec. 91. AS 36.30.850(b)(7) is amended to read: 16 (7) contracts for the preparation and transportation of ballots under 17 AS 15 [AS 15.15.030]; 18 * Sec. 92. AS 43.23.016 is amended to read: 19 Sec. 43.23.016. Voter registration. The commissioner shall include , at the 20 department's expense, voter registration forms prepared under AS 15.07.070(b) in the 21 [WITH] permanent fund dividend application packet. The voter registration forms 22 must be set out following the permanent fund dividend application forms. The 23 forms must include a notice that an individual is not required to register to vote 24 in order to be eligible to receive a permanent fund dividend. For purposes of 25 maintaining accurate voter registration records, the commissioner shall provide 26 the director of elections with the mailing addresses of all applicants for a 27 permanent fund dividend [APPLICATIONS]. 28 * Sec. 93. AS 44.09.015(a) is amended to read: 29 (a) A person may not use or make a die or impression of the state seal for any 30 advertising or commercial purpose, unless written permission has first been obtained 31 from the lieutenant governor. The lieutenant governor may not grant written
01 permission for the use of the state seal in an advertisement, billboard, handbill, 02 paid-for television announcement, or other communication intended to influence 03 the election of a candidate or the outcome of a ballot proposition or question. 04 * Sec. 94. AS 15.10.130, 15.10.150; AS 15.15.030(12); 15.15.070(e); 15.15.070(f); 05 AS 15.20.071, 15.20.190(b), 15.20.590, 15.20.600, 15.20.609, 15.20.610, 15.20.620, 15.20.630, 06 15.20.640, 15.20.650, 15.20.660, 15.20.670, 15.20.680, 15.20.685, 15.20.690, 15.20.700, 07 15.20.710, 15.20.720, 15.20.730, 15.20.740; AS 15.58.070; and AS 15.60.010(24) are repealed. 08 * Sec. 95. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 TRANSITION: REGULATIONS. Notwithstanding sec. 98 of this Act, the director 11 of elections may proceed to adopt regulations necessary to interpret or implement this Act. 12 The regulations take effect under AS 44.62 (Administrative Procedure Act), but not before 13 July 1, 2000. 14 * Sec. 96. The uncodified law of the State of Alaska is amended by adding a new section 15 to read: 16 REVISOR'S INSTRUCTION. In the following statute sections, the revisor shall 17 change 18 (1) references to "election district," "electoral district," or "house election 19 district" to read "house district": AS 03.20.050, AS 15.05.010(4), 15.05.012, AS 15.07.030(b), 20 15.07.090(c), 15.07.090(d), 15.07.120, AS 15.10.040, 15.10.090, AS 15.13.020(j), 21 15.13.400(10), AS 15.15.030(6), 15.15.060(d), AS 15.20.081(e), 15.20.430(a), 15.20.440(a), 22 15.20.450, AS 15.25.030(a)(3), 15.25.043, 15.25.170, AS 15.40.440, AS 15.45.500, 23 AS 15.45.530, 15.45.560, 15.45.580, 15.45.610, 15.45.680, AS 15.58.020(3), AS 44.62.430(b), 24 and AS 46.03.313(d); 25 (2) references to "election districts" to read "house districts": AS 03.20.020(a), 26 AS 15.10.110, AS 15.20.045(b), AS 15.45.140, 15.45.160, 15.45.370, 15.45.390(2), and 27 AS 15.58.020(4); and 28 (3) references to "chairman" to read "chairperson": AS 15.10.140, 29 AS 15.13.020(g), 15.13.090(a), AS 15.15.090, AS 15.20.470, AS 15.40.210, 15.40.460, and 30 AS 15.58.040(b). 31 * Sec. 97. Section 95 of this Act takes effect immediately under AS 01.10.070(c).