CSHB 459(STA): "An Act relating to optically scanned and electronically generated ballots; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 459(STA) 01 "An Act relating to optically scanned and electronically generated ballots; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.15.030(13) is amended to read: 05 (13) The [NOTWITHSTANDING ANY OTHER PROVISION OF 06 THIS TITLE, THE] director may provide for the optical scanning of ballots 07 [VOTING BY USE OF ELECTRONIC BALLOTING EQUIPMENT OR 08 OPTICALLY SCANNED BALLOTS] where the requisite equipment is available. [IF 09 THE DIRECTOR PROVIDES FOR VOTING BY USE OF ELECTRONIC 10 BALLOTING EQUIPMENT, THE DIRECTOR SHALL PROVIDE ELECTRONIC 11 BALLOTING EQUIPMENT THAT WOULD ALLOW VOTERS WITH 12 DISABILITIES, INCLUDING THOSE WHO ARE BLIND OR VISUALLY 13 IMPAIRED, TO CAST PRIVATE, INDEPENDENT, AND VERIFIABLE 14 BALLOTS.]
01 * Sec. 2. AS 15.15.030 is amended by adding a new paragraph to read: 02 (14) The director may provide for voting by use of electronically 03 generated ballots by a voter who requests to use a machine that produces electronically 04 generated ballots. 05 * Sec. 3. AS 15.15 is amended by adding a new section to read: 06 Sec. 15.15.032. Use of electronically generated ballots. (a) If the director 07 provides for voting by use of electronically generated ballots, the director shall 08 provide balloting equipment that would allow voters with disabilities, including those 09 who are blind or visually impaired, to cast private, independent, and verifiable ballots. 10 The director may not provide for more than one machine that produces electronically 11 generated ballots in a precinct or in a regional supervisor's office, except where the 12 director determines that additional machines are needed to accommodate the needs of 13 individuals with disabilities, including individuals with physical limitations or visual 14 impairments. 15 (b) Software for voting by use of electronically generated ballots shall be 16 tested and certified under AS 15.20.900. 17 (c) The director shall provide for a paper record of each electronically 18 generated ballot that can be 19 (1) reviewed and corrected by the voter at the time the vote is cast; and 20 (2) used for a recount of the votes cast at an election in which 21 electronically generated ballots were used. 22 * Sec. 4. AS 15.60.010 is amended by adding new paragraphs to read: 23 (38) "electronically generated ballot" means any ballot other than a 24 paper ballot that is physically marked by the voter using a writing instrument or a 25 mechanical device; 26 (39) "optically scanned ballot" means a paper ballot designed to be 27 read by an optical scanning machine. 28 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 TRANSITIONAL PROVISION. (a) Under AS 15.15.032(c), added by sec. 3 of this 31 Act, for ballots cast in elections in 2004 and 2005, the director of elections shall provide for a
01 paper record only to the extent technologically feasible, and only to the extent that federal 02 matching funds are available for equipment needed to provide a paper record. 03 (b) To the extent permitted, the director of elections shall expend federal funds 04 available to implement the provisions of this Act to obtain the equipment necessary to provide 05 a paper record of ballots electronically generated by equipment the state owns on the effective 06 date of this Act, before additional machines that produce electronically generated ballots are 07 purchased. 08 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).