HB 277: "An Act establishing a permanent absentee voting option for qualified voters."
00 HOUSE BILL NO. 277 01 "An Act establishing a permanent absentee voting option for qualified voters." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.07.127 is amended by adding a new subsection to read: 04 (b) The director shall maintain the list under (a) of this section so that the 05 names of persons who have the status of permanent absentee voters under 06 AS 15.20.085 may be readily identified. 07 * Sec. 2. AS 15.07.130(e) is amended to read: 08 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 09 (1) the voter is present at a polling place or at an absentee voting 10 station at a time when the polling place or absentee voting station is operating, for the 11 purpose of casting a vote; 12 (2) the voter applies to the division 13 (A) to obtain an absentee ballot; or 14 (B) for permanent absentee voter status under 15 AS 15.20.085; or
01 (3) in an election conducted by mail under AS 15.20.800, a voter who 02 has not received a ballot by mail makes a timely request to the division for a ballot. 03 * Sec. 3. AS 15.20 is amended by adding a new section to read: 04 Sec. 15.20.085. Permanent absentee voting. (a) A qualified voter may apply 05 to the director in person, by mail, or by facsimile, scanning, or other electronic 06 transmission, as provided in AS 15.07.070, for permanent absentee voting status. The 07 application must include the address to which absentee ballots are to be returned, the 08 applicant's full Alaska residence address, and the applicant's signature. 09 (b) A person may supply to a voter a permanent absentee voting application 10 form with a political party or group affiliation indicated only if the voter is already 11 registered as affiliated with the political party or group indicated. Only the voter may 12 mark the voter's choice of primary ballot on the permanent absentee voting 13 application. A person supplying a permanent absentee voting application form may 14 not design or mark the application in a manner that suggests choice of one ballot over 15 another, except that ballot choices may be listed on an application as authorized by the 16 division. The application must be made on a form prescribed or approved by the 17 director. The voter or registration official shall submit the application directly to the 18 division of elections. In this subsection, "directly to the division of elections" has the 19 meaning given in AS 15.20.081(a). However, nothing in this subsection is intended to 20 prohibit a voter from giving a completed permanent absentee voting application to a 21 friend, relative, or associate for transfer to the United States Postal Service or a private 22 commercial delivery service for delivery to the division. 23 (c) For each state primary, general, and special election, and each other 24 election for which the state has responsibility for the conduct of the election, the 25 director or an election supervisor shall send an absentee ballot to each voter designated 26 as a permanent absentee voter for that election and who is otherwise qualified to vote 27 in that election. The director or election supervisor shall send the ballot to the 28 permanent mailing address set out on the official registration list unless the voter has 29 notified the director or an election supervisor of a different address to which the ballot 30 should be sent. The director or an election supervisor shall send the absentee ballots 31 (1) by first class, nonforwardable mail;
01 (2) not later than the 15th day before the election; and 02 (3) with an accompanying explanation of the absentee voting 03 procedure under AS 15.20.020. 04 (d) The director shall make available a change of address form for permanent 05 absentee voters. 06 (e) Nothing in this section requires the director or an election supervisor to 07 send an absentee ballot under (c) of this section to a permanent absentee voter after the 08 director or election supervisor receives actual notice that mail sent to the voter's 09 permanent mailing address or a different address provided by a voter under this 10 section is undeliverable to the voter at the address. 11 (f) A permanent absentee voter to whom a ballot is provided under this section 12 may cast the ballot under AS 15.20.081(d) and (e). 13 (g) Ballots voted under this section shall be reviewed under procedures 14 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. 15 (h) Nothing in this section limits a voter's eligibility to vote 16 (1) in person at a precinct under AS 15.15.195 or 15.15.198; 17 (2) in person before an absentee voting official under AS 15.20.061; 18 (3) early under AS 15.20.064; or 19 (4) by electronic transmission under AS 15.20.066. 20 * Sec. 4. AS 15.56.030(a) is amended to read: 21 (a) A person commits the crime of unlawful interference with voting in the 22 first degree if the person 23 (1) uses, threatens to use, or causes to be used force, coercion, 24 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 25 harm, or loss, upon or against another person to induce or compel that person to vote 26 or refrain from voting in an election; 27 (2) knowingly pays, offers to pay, or causes to be paid money or other 28 valuable thing to a person to vote or refrain from voting in an election; 29 (3) solicits, accepts, or agrees to accept money or other valuable thing 30 with the intent to vote for or refrain from voting for a candidate at an election or for an 31 election proposition or question;
01 (4) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 02 or encouraging or assisting another person to supply to a voter a permanent absentee 03 voting or [AN] absentee ballot application form with a political party or group 04 affiliation indicated if the voter is not already registered as affiliated with that political 05 party or group, and the person has been previously convicted of unlawful interference 06 with voting in the second degree under AS 15.56.035(a)(5); 07 (5) knowingly designs, marks, or encourages or assists another person 08 to design or mark a permanent absentee voting or [AN] absentee ballot application 09 in a manner that suggests choice of one ballot over another as prohibited by 10 AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 11 unlawful interference with voting in the second degree under AS 15.56.035(a)(6); or 12 (6) knowingly submits or encourages or assists another person to 13 submit a permanent absentee voting or [AN] absentee ballot application to an 14 intermediary who could control or delay the submission of the application to the 15 division of elections or who could gather data from the application form as prohibited 16 by AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 17 unlawful interference with voting in the second degree under AS 15.56.035(a)(7). 18 * Sec. 5. AS 15.56.035(a) is amended to read: 19 (a) A person commits the crime of unlawful interference with voting in the 20 second degree if the person 21 (1) has an official ballot in possession outside of the voting room 22 unless the person is an election official or other person authorized by law or local 23 ordinance, or by the director or chief municipal elections official in a local election; 24 (2) makes, or knowingly has in possession, a counterfeit of an official 25 election ballot; 26 (3) knowingly solicits or encourages, directly or indirectly, a registered 27 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 28 (4) as a registration official 29 (A) knowingly refuses to register a person who is entitled to 30 register under AS 15.07.030; or 31 (B) accepts a fee from an applicant applying for registration;
01 (5) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 02 or encouraging or assisting another person to supply to a voter a permanent absentee 03 voting or [AN] absentee ballot application form with a political party or group 04 affiliation indicated if the voter is not already registered as affiliated with that political 05 party or group; 06 (6) knowingly designs, marks, or encourages or assists another person 07 to design or mark a permanent absentee voting or [AN] absentee ballot application 08 in a manner that suggests choice of one ballot over another as prohibited by 09 AS 15.20.081(a) or 15.20.085(b); or 10 (7) knowingly submits or encourages or assists another person to 11 submit a permanent absentee voting or [AN] absentee ballot application to an 12 intermediary who could control or delay the submission of the application to the 13 division of elections or who could gather data from the application form as prohibited 14 by AS 15.20.081(a) or 15.20.085(b). 15 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may 18 proceed to adopt or amend regulations as necessary to implement the changes made by this 19 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 20 before the effective date of this Act.