Enrolled HB 414: Relating to filling a vacancy in the office of United States senator, and to the definition of "political party"; and providing for an effective date.
00Enrolled HB 414 01 Relating to filling a vacancy in the office of United States senator, and to the definition of 02 "political party"; and providing for an effective date. 03 _______________ 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE INTENT. It is the desire of this legislature that the provisions of secs. 07 2 - 8 and 10 of this Act, which are substantially similar to those proposed in an initiative 08 petition, not be repealed for at least two years after the Act's effective date. 09 * Sec. 2. AS 15.40.140 is amended to read: 10 Sec. 15.40.140. Condition and time of calling special election. When a 11 vacancy occurs in the office of United States senator or United States representative, 12 the governor shall, by proclamation, call a special election to be held on a date not less 13 than 60, nor more than 90, days after the date the vacancy occurs. However, if the 14 vacancy occurs on a date that is less than 60 days before or is on or after the date of
01 the primary election in the general election year during which a candidate to fill the 02 office is regularly elected [YEARS], the governor may not call a special election. 03 * Sec. 3. AS 15.40 is amended by adding a new section to read: 04 Sec. 15.40.145. Temporary appointment of United States senator. When a 05 vacancy occurs in the office of United States senator, the governor may, at least five 06 days after the date of the vacancy but within 30 days after the date of the vacancy, 07 appoint a qualified individual to fill the vacancy temporarily until the results of the 08 special election called to fill the vacancy are certified. If a special election is not 09 called for the reasons set out in AS 15.40.140, the individual shall fill the vacancy 10 temporarily until the results of the next general election are certified. 11 * Sec. 4. AS 15.40 is amended by adding a new section to read: 12 Sec. 15.40.165. Term of elected senator. At the special election, a United 13 States senator shall be elected to fill the remainder of the unexpired term. The person 14 elected shall take office on the date the United States Senate meets, convenes, or 15 reconvenes following the certification of the results of the special election by the 16 director. 17 * Sec. 5. AS 15.40.200 is amended to read: 18 Sec. 15.40.200. Requirements of party petition. Petitions for the 19 nomination of candidates of political parties shall state in substance that the party 20 desires and intends to support the named candidate for the office of United States 21 senator or United States representative, as appropriate, at the special election and 22 requests that the name of the candidate nominated be placed on the ballot. 23 * Sec. 6. AS 15.40.220 is amended to read: 24 Sec. 15.40.220. General provisions for conduct of special election. Unless 25 specifically provided otherwise, all provisions regarding the conduct of the general 26 election shall govern the conduct of the special election of the United States senator 27 or United States representative, including [, BUT NOT LIMITED TO,] provisions 28 concerning voter qualifications; provisions regarding the duties, powers, rights, 29 and obligations of the director, of other election officials, and of municipalities; 30 provision for notification of the election; provision for payment of election 31 expenses; provisions regarding employees being allowed time from work to vote;
01 provisions for the counting, reviewing, and certification of returns; provisions for 02 the determination of the votes and of recounts, contests, and appeal; and 03 provision for absentee voting [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 04 * Sec. 7. AS 15.40.310 is amended to read: 05 Sec. 15.40.310. General provisions for conduct of special election. Unless 06 specifically provided otherwise, all provisions regarding the conduct of the general 07 election shall govern the conduct of the special election of the governor and lieutenant 08 governor, including [, BUT NOT LIMITED TO,] provisions concerning voter 09 qualifications; provisions regarding the duties, powers, rights, and obligations of 10 the director, of other election officials, and of municipalities; provision for 11 notification of the election; provision for payment of election expenses; provisions 12 regarding employees being allowed time from work to vote; provisions for the 13 counting, reviewing, and certification of returns; provisions for the 14 determination of the votes and of recounts, contests, and appeal; and provision 15 for absentee voting [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 16 * Sec. 8. AS 15.40.470 is amended to read: 17 Sec. 15.40.470. General provision for conduct of special election. Unless 18 specifically provided otherwise, all provisions regarding the conduct of the general 19 election shall govern the conduct of the special election of state senators, including [, 20 BUT NOT LIMITED TO, THE] provisions concerning voter qualifications; 21 provisions regarding the duties, powers, rights, and obligations of the director, of 22 other election officials, and of municipalities; provision for notification of the 23 election; provision for payment of election expenses; provisions regarding 24 employees being allowed time from work to vote; provisions for the counting, 25 reviewing, and certification of returns; provisions for the determination of the 26 votes and of recounts, contests, and appeal; and provision for absentee voting 27 [SPECIFICALLY REFERRED TO IN AS 15.40.130]. 28 * Sec. 9. AS 15.60.010(21) is amended to read: 29 (21) "political party" means an organized group of voters that 30 represents a political program and 31 (A) that [EITHER] nominated a candidate for governor who
01 received at least three percent of the total votes cast for governor at the 02 preceding general election or has registered voters in the state equal in number 03 to at least three percent of the total votes cast for governor at the preceding 04 general election; 05 (B) if the office of governor was not on the ballot at the 06 preceding general election but the office of United States senator was on 07 that ballot, that nominated a candidate for United States senator who 08 received at least three percent of the total votes cast for United States 09 senator at that general election or has registered voters in the state equal 10 in number to at least three percent of the total votes cast for United States 11 senator at that general election; or 12 (C) if neither the office of governor nor the office of United 13 States senator was on the ballot at the preceding general election, that 14 nominated a candidate for United States representative who received at 15 least three percent of the total votes cast for United States representative 16 at that general election or has registered voters in the state equal in 17 number to at least three percent of the total votes cast for United States 18 representative at that general election; 19 * Sec. 10. AS 15.40.010, 15.40.050, 15.40.060, 15.40.070, 15.40.075, 15.40.130, and 20 15.40.135 are repealed. 21 * Sec. 11. Section 9 of this Act takes effect November 3, 2004.