HCS CSSB 36(STA): "An Act relating to absentee ballots."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 36(STA) 01 "An Act relating to absentee ballots." 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 INTENT. The legislature understands and intends that, in AS 15.20.081(a), as 06 amended by sec. 2 of this Act, the requirement that an application be submitted "directly to 07 the division of elections" means that an application may not be submitted to any intermediary 08 that could control or delay the submission of the application to the division or gather data on 09 the applicant from the application form. Nothing in this Act is intended to prohibit a voter 10 from giving a completed absentee ballot application to a friend, relative, or associate for 11 transfer to the United States Postal Service or a private commercial delivery service for 12 delivery to the division. 13 * Sec. 2. AS 15.20.081(a) is amended to read: 14 (a) A qualified voter may apply in person, by mail, or by electronic 15 transmission to the director for an absentee ballot under this section. The application
01 must include the address or, if the application requests delivery of an absentee ballot 02 by electronic transmission, the telephone electronic transmission number, to which the 03 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 04 applicant's signature. However, a person residing outside the United States and 05 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 06 not include an Alaska residence address in the application. The application must be 07 made on a form prescribed or approved by the director. The voter shall submit 08 the application directly to the division of elections. 09 * Sec. 3. AS 15.20.081(b) is amended to read: 10 (b) An application requesting delivery of an absentee ballot to the applicant by 11 mail must be received by the division of elections not less than 10 [SEVEN] days 12 before the election for which the absentee ballot is sought. An application for an 13 absentee ballot for a state election from a qualified voter requesting delivery of an 14 absentee ballot to the applicant by electronic transmission must be received by the 15 division of elections not later than 5:00 p.m. Alaska time on the day before the 16 election for which the absentee ballot is sought. An absentee ballot application 17 submitted by mail under this section must permit the person to register to vote under 18 AS 15.07.070 and to request an absentee ballot for each state election held within that 19 calendar year for which the voter is eligible to vote. An absentee ballot application 20 submitted by electronic transmission under this section may not include a provision 21 that permits a person to register to vote under AS 15.07.070. 22 * Sec. 4. AS 15.20.081 is amended by adding a new subsection to read: 23 (j) The director shall adopt regulations under AS 44.62 (Administrative 24 Procedure Act) specifying the information required to be included on an absentee 25 ballot application form. The regulations must require that an absentee ballot 26 application form 27 (1) contain only that information required under regulations adopted 28 by the director; 29 (2) conceal the personal information of the individual requesting 30 delivery of an absentee ballot while the application is in the custody of the United 31 States Postal Service or other person delivering the application to the division; and
01 (3) specify that the form is to be returned by the voter directly to the 02 division, and not to another person providing the form; and 03 (4) if not prepared by the division, be approved by the director before 04 distribution to the public. 05 * Sec. 5. AS 15.56.030(a) is amended to read: 06 (a) A person commits the crime of unlawful interference with voting in the 07 first degree if the person 08 (1) uses, threatens to use, or causes to be used force, coercion, 09 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 10 harm, or loss, upon or against another person to induce or compel that person to vote 11 or refrain from voting in an election; 12 (2) knowingly pays, offers to pay, or causes to be paid money or other 13 valuable thing to a person to vote or refrain from voting in an election; [OR] 14 (3) solicits, accepts, or agrees to accept money or other valuable thing 15 with the intent to vote for or refrain from voting for a candidate at an election or for an 16 election proposition or question; or 17 (4) encourages or assists in a violation of AS 15.20.081 and has 18 been previously convicted for unlawful interference with voting in the second 19 degree under AS 15.56.035(a)(5). 20 * Sec. 6. AS 15.56.035(a) is amended to read: 21 (a) A person commits the crime of unlawful interference with voting in the 22 second degree if the person 23 (1) has an official ballot in possession outside of the voting room 24 unless the person is an election official or other person authorized by law or local 25 ordinance, or by the director or chief municipal elections official in a local election; 26 (2) makes, or knowingly has in possession, a counterfeit of an official 27 election ballot; 28 (3) knowingly solicits or encourages, directly or indirectly, a registered 29 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 30 [OR] 31 (4) as a registration official
01 (A) knowingly refuses to register a person who is entitled to 02 register under AS 15.07.030; or 03 (B) accepts a fee from an applicant applying for registration; or 04 (5) encourages or assists in a violation of AS 15.20.081.