SB 5: "An Act providing for a blanket primary system, and permitting political parties to select their nominees by alternative means; and providing for an effective date."
00 SENATE BILL NO. 5 01 "An Act providing for a blanket primary system, and permitting political parties to 02 select their nominees by alternative means; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.010 is amended to read: 05 Sec. 15.07.010. Who may vote. Except as provided in AS 15.25.330, the 06 [THE] precinct election officials at any election shall allow a person to vote whose 07 name is on the official registration list for that precinct and who is qualified under 08 AS 15.05. A person whose name is not on the official registration list shall be allowed 09 to vote a questioned ballot. 10 * Sec. 2. AS 15.13.074(c) is amended to read: 11 (c) A person or group may not make a contribution 12 (1) to a candidate or an individual who files with the commission the 13 document necessary to permit that individual to incur certain election-related expenses 14 as authorized by AS 15.13.100 when the office is to be filled at a general election
01 before the date that is 18 months before the general election; 02 (2) to a candidate or an individual who files with the commission the 03 document necessary to permit that individual to incur certain election-related expenses 04 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 05 municipal election before the date that is 18 months before the date of the regular 06 municipal election or that is before the date of the proclamation of the special election 07 at which the candidate or individual seeks election to public office; or 08 (3) to any candidate later than the 45th day 09 (A) after the date of the primary election if the candidate's 10 name will not appear on the general election ballot [CANDIDATE WAS 11 NOT NOMINATED AT THE PRIMARY ELECTION]; or 12 (B) after the date of the general election, or after the date of a 13 municipal or municipal runoff election. 14 * Sec. 3. AS 15.20.082(c) is amended to read: 15 (c) A special state absentee ballot prepared for the state general election or for 16 a state special election shall, if the names of candidates are not yet certified, permit a 17 voter to cast a ballot for all the candidates of a particular political party that expects to 18 have candidates appear on the ballot; for this purpose, the director shall prepare the 19 ballot with party boxes and a blank line for each office to be voted on in that election. 20 The voter may vote for a candidate for that office by writing in the name of a person 21 and filling in the oval to the right of that name, or the voter may mark one of the party 22 boxes. If the voter puts a mark in a party box for that office, the director shall count 23 the mark as a vote cast for the candidate for that office nominated by that party. If the 24 voter writes in a name for an office, the vote shall be counted as a write-in vote for 25 that office. The director shall count the ballots under AS 15.15.360. The director 26 shall provide the voter with the name [NAMES] of each candidate appearing on the 27 primary election ballot, the name of each candidate nominated by a political party 28 under AS 15.25.310, and the name [NAMES] of any candidate [CANDIDATES] 29 who has [HAVE] qualified by petition to appear on the general election ballot. 30 * Sec. 4. AS 15.25.010 is repealed and reenacted to read: 31 Sec. 15.25.010. Provision for primary election. (a) Candidates for the
01 elective state executive and state and national legislative offices may be nominated in 02 a primary election by direct vote of the people in the manner prescribed by this 03 chapter. However, a political party may select its nominees in a different manner. 04 (b) A political party that chooses to select its nominees in a manner other than 05 by the primary election must notify the division at least 12 months before the primary 06 election and must specify the alternate selection method the party will use. 07 * Sec. 5. AS 15.25.030(a) is amended to read: 08 (a) A member of a political party who seeks to become a candidate of the 09 party in the primary election or who seeks nomination by the party under 10 AS 15.25.310 shall execute and file a declaration of candidacy. The declaration shall 11 be executed under oath before an officer authorized to take acknowledgments and 12 must state in substance 13 (1) the full name of the candidate; 14 (2) the full mailing address of the candidate; 15 (3) if the candidacy is for the office of state senator or state 16 representative, the house or senate district of which the candidate is a resident; 17 (4) the office for which the candidate seeks nomination; 18 (5) the name of the political party of which the person is a candidate 19 for nomination; 20 (6) the full residence address of the candidate, and the date on which 21 residency at that address began; 22 (7) the date of the primary election at which the candidate seeks 23 nomination or, if the candidate seeks nomination under AS 15.25.310, the last date 24 on which a list of nominees may be certified to the director under 25 AS 15.25.310(b); 26 (8) the length of residency in the state and in the district of the 27 candidate; 28 (9) that the candidate will meet the specific citizenship requirements of 29 the office for which the person is a candidate; 30 (10) that the candidate is a qualified voter as required by law; 31 (11) that the candidate will meet the specific age requirements of the
01 office for which the person is a candidate; 02 (12) for a candidate seeking nomination in the primary election, 03 that the candidate requests that the candidate's name be placed on the primary election 04 ballot; 05 (13) that the required fee accompanies the declaration; 06 (14) that the person is not a candidate for any other office to be voted 07 on at the primary or general election and that the person is not a candidate for this 08 office under any other declaration of candidacy or nominating petition; 09 (15) the manner in which the candidate wishes the candidate's name to 10 appear on the ballot; and 11 (16) that the candidate is registered to vote as a member of the political 12 party whose nomination is being sought. 13 * Sec. 6. AS 15.25.060 is repealed and reenacted to read: 14 Sec. 15.25.060. Preparation and distribution of ballots. (a) The director 15 shall prepare and distribute the primary election ballot in the manner prescribed for 16 general election ballots except as specifically provided otherwise for the primary 17 election. The director shall print the ballot on white paper and place the names of all 18 candidates who have properly filed in groups according to offices for which filed, 19 without regard to party affiliation. The order of the placement of the names for each 20 office shall be as provided for the general election ballot. Blank spaces may not be 21 provided on the ballot for the writing or pasting in of names. 22 (b) The director shall also prepare and print a separate primary election ballot 23 including only the ballot titles and propositions required to appear on the ballot. 24 * Sec. 7. AS 15.25.110 is amended to read: 25 Sec. 15.25.110. Filling vacancies by party petition. If a candidate of a 26 political party nominated at the primary election or under AS 15.25.310 dies, 27 withdraws, resigns, becomes disqualified from holding the office for which the 28 candidate is nominated, or is certified as being incapacitated in the manner prescribed 29 by this section after the primary election and 48 days or more before the general 30 election, the vacancy may be filled by party petition. The central committee of any 31 political party or any party district committee may certify as being incapacitated any
01 candidate nominated by their respective party by presenting to the director a sworn 02 statement made by a panel of three licensed physicians, not more than two of whom 03 may be of the same political party, that the candidate is physically or mentally 04 incapacitated to an extent that would in the panel's judgment prevent the candidate 05 from active service during the term of office if elected. The director shall place the 06 name of the person nominated by party petition on the general election ballot. The 07 name of a candidate disqualified under this section may not appear on the general 08 election ballot. 09 * Sec. 8. AS 15.25 is amended by adding new sections to read: 10 Article 3. Nomination by Political Party. 11 Sec. 15.25.310. Nomination by political party. (a) A political party that 12 chooses to select its nominees in a manner other than by the primary election and has 13 notified the division of that choice as required under AS 15.25.010 may select one or 14 more nominees for each office to be filled at the general election. The political party 15 may select its nominees by state convention or in any other manner prescribed by the 16 bylaws of the party. However, all nominees made by a political party must be chosen 17 by the same method. 18 (b) The chairperson and secretary of the state convention or any other party 19 official designated by the party bylaws of a political party that selects its nominees in a 20 manner other than by the primary election shall certify a list of the names of its 21 nominees to the director not earlier than June 1 and not later than 5:00 p.m. on the 22 fourth Tuesday in August of the election year. 23 (c) The director shall place the names and political party affiliation of persons 24 who have been properly nominated by a political party under this section on the 25 general election ballot. 26 (d) In primary election materials published by the division, the director may 27 identify a political party that has chosen to select its nominees in a manner other than 28 by the primary election, but may not include the name of an individual seeking 29 nomination by a party that has chosen to select its nominees in a manner other than by 30 the primary election. 31 Sec. 15.25.320. Declaration of candidacy. A member of a political party
01 seeking nomination by the party under AS 15.25.310 shall execute and file a 02 declaration of candidacy under AS 15.25.030, and comply with all requirements of 03 that section as well as AS 15.25.040, 15.25.045, and 15.25.050. 04 Sec. 15.25.330. Participation by party members in the primary election. 05 A voter who is registered as affiliated with a political party may not vote for 06 candidates in the primary election if that political party has chosen to select its 07 nominees in a manner other than by the primary election. However, the voter may 08 vote on a proposition or other question that does not involve the selection of nominees 09 that appears on the primary election ballot. 10 * Sec. 9. This Act takes effect July 1, 2005.