HB 47: "An Act requiring a special election to resolve tie votes for the offices of state senator and state representative; and providing for an effective date."
00 HOUSE BILL NO. 47 01 "An Act requiring a special election to resolve tie votes for the offices of state senator 02 and state representative; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.20.530 is amended to read: 05 Sec. 15.20.530. Determination of tie votes. Except as provided in (b) of this 06 section, if [IF] after a recount and appeal, two or more candidates tie in having the 07 highest number of votes for the same office, the director shall notify the candidates 08 who are tied. The director shall notify the candidates of a reasonably suitable time and 09 place to determine the successful candidate by lot. After the determination has been 10 made by lot, the director shall so certify. 11 * Sec. 2. AS 15.20.530 is amended by adding a new subsection to read: 12 (b) If, after a recount, two or more candidates for state senator or state 13 representative tie in having the highest number of votes for the same office, the 14 director shall call a special election to be held on the later of
01 (1) the 21st day after completion of the recount; 02 (2) the 21st day after the supreme court issues a judgment on an appeal 03 if an appeal has been filed under AS 15.20.510; or 04 (3) the 21st day after the resolution of an appeal as certified by the 05 presiding officer of the body in which the appeal was filed if an appeal has been filed 06 under AS 15.20.520. 07 * Sec. 3. AS 15.20.560 is amended to read: 08 Sec. 15.20.560. Judgment of court. The judge shall pronounce judgment on 09 which candidate was elected or nominated and whether the question or proposition 10 was accepted or rejected. The director shall issue a new election certificate to correctly 11 reflect the judgment of the court. If the court decides that the election resulted in a tie 12 vote, the director shall immediately proceed to determine the election by lot as is 13 provided by law, unless the election was for the office of state senator or state 14 representative, in which case the director shall call a special election to be held on 15 the 21st day after the court's judgment. If the court decides that no candidate was 16 duly elected or nominated, the judgment shall be that the contested election be set 17 aside. The provisions of this section and AS 15.20.540 and 15.20.550 are not intended 18 to limit or interfere with the power of the legislature to judge the election and 19 qualifications of its members. 20 * Sec. 4. This Act takes effect July 1, 2009.