HCS CSSB 36(JUD) am H: "An Act relating to absentee ballots."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 36(JUD) am H 01 "An Act relating to absentee ballots." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.20.081(a) is amended to read: 04 (a) A qualified voter may apply in person, by mail, or by electronic 05 transmission to the director for an absentee ballot under this section. The application 06 must include the address or, if the application requests delivery of an absentee ballot 07 by electronic transmission, the telephone electronic transmission number, to which the 08 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 09 applicant's signature. However, a person residing outside the United States and 10 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 11 not include an Alaska residence address in the application. A person may supply to a 12 voter an absentee ballot application form with a political party or group 13 affiliation indicated only if the voter is already registered as affiliated with the 14 political party or group indicated. Only the voter or the individual designated by 15 the voter in a written power of attorney under this subsection may mark the
01 voter's choice of primary ballot on an application. A person supplying an 02 absentee ballot application form may not design or mark the application in a 03 manner that suggests choice of one ballot over another, except that ballot choices 04 may be listed on an application as authorized by the division. The application 05 must be made on a form prescribed or approved by the director. The voter or 06 registration official shall submit the application directly to the division of 07 elections. For purposes of this subsection, "directly to the division of elections" 08 means that an application may not be submitted to any intermediary that could 09 control or delay the submission of the application to the division or gather data 10 on the applicant from the application form. However, nothing in this subsection 11 is intended to prohibit a voter from giving a completed absentee ballot 12 application to a friend, relative, or associate for transfer to the United States 13 Postal Service or a private commercial delivery service for delivery to the 14 division. 15 * Sec. 2. AS 15.20.081(b) is amended to read: 16 (b) An application requesting delivery of an absentee ballot to the applicant by 17 mail must be received by the division of elections not less than 10 [SEVEN] days 18 before the election for which the absentee ballot is sought. An application for an 19 absentee ballot for a state election from a qualified voter requesting delivery of an 20 absentee ballot to the applicant by electronic transmission must be received by the 21 division of elections not later than 5:00 p.m. Alaska time on the day before the 22 election for which the absentee ballot is sought. An absentee ballot application 23 submitted by mail under this section must permit the person to register to vote under 24 AS 15.07.070 and to request an absentee ballot for each state election held within that 25 calendar year for which the voter is eligible to vote. An absentee ballot application 26 submitted by electronic transmission under this section may not include a provision 27 that permits a person to register to vote under AS 15.07.070. 28 * Sec. 3. AS 15.20.081 is amended by adding a new subsection to read: 29 (j) The director shall adopt regulations under AS 44.62 (Administrative 30 Procedure Act) specifying the information required to be included on an absentee 31 ballot application form. The regulations must require that an absentee ballot
01 application form 02 (1) contain only that information required under regulations adopted 03 by the director; 04 (2) conceal the personal information of the individual requesting 05 delivery of an absentee ballot while the application is in the custody of the United 06 States Postal Service or other person delivering the application to the division; and 07 (3) specify that the form is to be returned by the voter directly to the 08 division, and not to another person providing the form; and 09 (4) if not prepared by the division, be approved by the director before 10 distribution to the public. 11 * Sec. 4. AS 15.25.060 is amended by adding a new subsection to read: 12 (c) If a voter is not voting in person and has requested an absentee ballot or 13 special needs ballot but has not indicated a choice of ballot, the director shall provide 14 the voter with the ballot listing the candidates of the political party or group with 15 which the voter is affiliated, as determined under (b) of this section. If the voter did 16 not indicate affiliation with a political party or group when registering to vote, the 17 director shall provide the voter with the ballot offering the greatest range of candidates 18 from different political parties and groups. 19 * Sec. 5. AS 15.56.030(a) is amended to read: 20 (a) A person commits the crime of unlawful interference with voting in the 21 first degree if the person 22 (1) uses, threatens to use, or causes to be used force, coercion, 23 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 24 harm, or loss, upon or against another person to induce or compel that person to vote 25 or refrain from voting in an election; 26 (2) knowingly pays, offers to pay, or causes to be paid money or other 27 valuable thing to a person to vote or refrain from voting in an election; [OR] 28 (3) solicits, accepts, or agrees to accept money or other valuable thing 29 with the intent to vote for or refrain from voting for a candidate at an election or for an 30 election proposition or question; or 31 (4) encourages or assists in a violation of AS 15.20.081 and has
01 been previously convicted for unlawful interference with voting in the second 02 degree under AS 15.56.035(a)(5). 03 * Sec. 6. AS 15.56.035(a) is amended to read: 04 (a) A person commits the crime of unlawful interference with voting in the 05 second degree if the person 06 (1) has an official ballot in possession outside of the voting room 07 unless the person is an election official or other person authorized by law or local 08 ordinance, or by the director or chief municipal elections official in a local election; 09 (2) makes, or knowingly has in possession, a counterfeit of an official 10 election ballot; 11 (3) knowingly solicits or encourages, directly or indirectly, a registered 12 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 13 [OR] 14 (4) as a registration official 15 (A) knowingly refuses to register a person who is entitled to 16 register under AS 15.07.030; or 17 (B) accepts a fee from an applicant applying for registration; or 18 (5) encourages or assists in a violation of AS 15.20.081.