00                       CS FOR HOUSE BILL NO. 193(STA)                                                                   
01 "An Act relating to the primary election; and providing for an effective date."                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
04 to read:                                                                                                                
05       PURPOSE.  The purpose of this Act is to                                                                           
06            (1)  comply with the decision of the United States Supreme Court in California                               
07 Democratic Party v.  Jones, 530 U.S. 567 (2000); and                                                                    
08            (2)  have a new system in place in time to conduct the next primary election in                              
09 an orderly and efficient manner consistent with this court decision.                                                    
10    * Sec. 2.  AS 15.25.010 is amended to read:                                                                        
11            Sec. 15.25.010.  Provision for primary election.  Candidates for the elective                              
12       state executive and state and national legislative offices shall be nominated in a                                
13       primary election by direct vote of the people in the manner prescribed by this chapter.                           
14       The director shall prepare and provide a primary election ballot for each                                     
15       political party.  A voter registered as affiliated with a political party may vote                            

01       that party's ballot.  A voter not registered with a political party may not vote that                         
02       party's ballot unless permitted to do so under AS 15.25.014.                                                  
03    * Sec. 3.  AS 15.25 is amended by adding a new section to read:                                                    
04            Sec. 15.25.014.  Participation in primary election selection of a political                                
05       party's candidates.  (a)  Not later than 5:00 p.m., Alaska time, on September 1 of the                          
06       calendar year before the calendar year in which a primary election is to be held, a                               
07       political party shall submit a notice in writing to the director stating whether the party                        
08       bylaws expand who may participate in the primary election for selection of the party's                            
09       candidates for elective state executive and state and national legislative offices.  A                            
10       copy of the party's bylaws expanding who may participate in the primary election for                              
11       selection of the party's candidates, documentation required under (b) of this section,                            
12       and other information required by the director, must be submitted along with the                                  
13       notice.  The notice, bylaws, documentation, and other information required by the                                 
14       director shall be provided by the party's chairperson or another party official                                   
15       designated by the party's bylaws.                                                                                 
16            (b)  Once a political party timely submits a notice and bylaws under (a) of this                             
17       section and the director finds that the party has met the requirements of this chapter                            
18       and other applicable laws, the director shall permit a voter not registered as affiliated                         
19       with the party to vote the party's ballot if the voter is permitted by the party's bylaws to                      
20       participate in the selection of the party's candidates.  However, for a subsequent                                
21       primary election, the party shall timely submit another notice, bylaws, documentation,                            
22       and other information under (a) of this section if the party's bylaws regarding who may                           
23       participate in the primary election for selection of the party's candidates change.                               
24            (c)  Party bylaws required to be submitted under (a) of this section must be                                 
25       precleared by the United States Department of Justice under 42 U.S.C. 1973c (sec. 5,                              
26       Voting Rights Act of 1965) before submission.  Documentation of the preclearance                                  
27       must accompany the bylaws submitted under (a) of this section.                                                    
28    * Sec. 4.  AS 15.25.060 is repealed and reenacted to read:                                                         
29            Sec. 15.25.060.  Preparation and distribution of ballots.  (a)  The primary                                
30       election ballots shall be prepared and distributed by the director in the manner                                  
31       prescribed in this section.  The director shall prepare and provide a primary election                            

01       ballot for each political party that contains all of the candidates of that party for                             
02       elective state executive and state and national legislative offices.  The director shall                          
03       print the ballots on white paper and place the names of all candidates who have                                   
04       properly filed in groups according to offices.  The order of the placement of the names                           
05       for each office shall be as provided for the general election ballot.  Blank spaces may                           
06       not be provided on the ballot for the writing or pasting in of names.                                             
07            (b)  A voter may vote only one primary election ballot.  A voter may vote a                                  
08       political party ballot only if the voter is registered as affiliated with that party, or if the                   
09       party's bylaws expand who may participate in the party primary.  For the purpose of                               
10       determining which primary election ballot a voter may use, a voter's party affiliation is                         
11       considered to be the affiliation registered with the director as of the 30th day before                           
12       the primary election.  If a voter changes party affiliation within the 30 days before the                         
13       primary election, the voter's previous party affiliation shall be used for the                                    
14       determination under this subsection.                                                                              
15    * Sec. 5.  This Act takes effect immediately under AS 01.10.070(c).