CSHB 115(STA): "An Act establishing a permanent absentee voting option for qualified voters; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 115(STA) 01 "An Act establishing a permanent absentee voting option for qualified voters; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.127 is amended by adding a new subsection to read: 05 (b) The director shall maintain the list under (a) of this section so that the 06 names of persons who have the status of permanent absentee voters under 07 AS 15.20.085 may be readily identified. 08 * Sec. 2. AS 15.07.130(e) is amended to read: 09 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 10 (1) the voter is present at a polling place or at an absentee voting 11 station at a time when the polling place or absentee voting station is operating, for the 12 purpose of casting a vote; 13 (2) the voter applies to the division 14 (A) to obtain an absentee ballot; or
01 (B) for permanent absentee voter status under 02 AS 15.20.085; or 03 (3) in an election conducted by mail under AS 15.20.800, a voter who 04 has not received a ballot by mail makes a timely request to the division for a ballot. 05 * Sec. 3. AS 15.20 is amended by adding a new section to read: 06 Sec. 15.20.085. Permanent absentee voting. (a) A qualified voter may apply 07 to the director in person, by mail, or by facsimile, scanning, or other electronic 08 transmission, as provided in AS 15.07.070, for permanent absentee voting status. The 09 application must include the address to which absentee ballots are to be returned, the 10 applicant's full Alaska residence address, and the applicant's signature. 11 (b) A person may supply to a voter a permanent absentee voting application 12 form with a political party or group affiliation indicated only if the voter is already 13 registered as affiliated with the political party or group indicated. Only the voter may 14 mark the voter's choice of primary ballot on the permanent absentee voting 15 application. A person supplying a permanent absentee voting application form may 16 not design or mark the application in a manner that suggests choice of one ballot over 17 another, except that ballot choices may be listed on an application as authorized by the 18 division. The application must be made on a form prescribed or approved by the 19 director. The voter or registration official shall submit the application directly to the 20 division of elections. In this subsection, "directly to the division of elections" has the 21 meaning given in AS 15.20.081(a). However, nothing in this subsection is intended to 22 prohibit a voter from giving a completed permanent absentee voting application to a 23 friend, relative, or associate for transfer to the United States Postal Service or a private 24 commercial delivery service for delivery to the division. 25 (c) For each state primary, general, and special election, and each other 26 election for which the state has responsibility for the conduct of the election, the 27 director or an election supervisor shall send an absentee ballot to each voter designated 28 as a permanent absentee voter for that election and who is otherwise qualified to vote 29 in that election. The director or election supervisor shall send the ballot to the 30 permanent mailing address set out on the official registration list unless the voter has 31 notified the director or an election supervisor of a different address to which the ballot
01 should be sent. The director or an election supervisor shall send the absentee ballots 02 (1) by first class, nonforwardable mail; 03 (2) not later than the 15th day before the election; and 04 (3) with an accompanying explanation of the absentee voting 05 procedure under AS 15.20.020 and notice that the voter's permanent absentee voting 06 status will be removed if the voter does not vote or appear to vote in a primary, 07 special, or general election for a period of four calendar years. 08 (d) The director shall make available a change of address form for permanent 09 absentee voters. 10 (e) Nothing in this section requires the director or an election supervisor to 11 send an absentee ballot under (c) of this section to a permanent absentee voter after the 12 director or election supervisor receives actual notice that mail sent to the voter's 13 permanent mailing address or a different address provided by a voter under this 14 section is undeliverable to the voter at the address. 15 (f) A permanent absentee voter to whom a ballot is provided under this section 16 may cast the ballot under AS 15.20.081(d) and (e). 17 (g) Ballots voted under this section shall be reviewed under procedures 18 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. 19 (h) Nothing in this section limits a voter's eligibility to vote 20 (1) in person at a precinct under AS 15.15.195 or 15.15.198; 21 (2) in person before an absentee voting official under AS 15.20.061; 22 (3) early under AS 15.20.064; or 23 (4) by electronic transmission under AS 15.20.066. 24 (i) If a voter designated as a permanent absentee voter under this section does 25 not vote or appear to vote in a primary, special, or general election for a period of four 26 calendar years, the director shall remove the voter's permanent absentee voter status. 27 (j) In this section, "appear to vote" has the meaning given in AS 15.07.130(e). 28 * Sec. 4. AS 15.56.030(a) is amended to read: 29 (a) A person commits the crime of unlawful interference with voting in the 30 first degree if the person 31 (1) uses, threatens to use, or causes to be used force, coercion,
01 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 02 harm, or loss, upon or against another person to induce or compel that person to vote 03 or refrain from voting in an election; 04 (2) knowingly pays, offers to pay, or causes to be paid money or other 05 valuable thing to a person to vote or refrain from voting in an election; 06 (3) solicits, accepts, or agrees to accept money or other valuable thing 07 with the intent to vote for or refrain from voting for a candidate at an election or for an 08 election proposition or question; 09 (4) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 10 or encouraging or assisting another person to supply to a voter a permanent absentee 11 voting or [AN] absentee ballot application form with a political party or group 12 affiliation indicated if the voter is not already registered as affiliated with that political 13 party or group, and the person has been previously convicted of unlawful interference 14 with voting in the second degree under AS 15.56.035(a)(5); 15 (5) knowingly designs, marks, or encourages or assists another person 16 to design or mark a permanent absentee voting or [AN] absentee ballot application 17 in a manner that suggests choice of one ballot over another as prohibited by 18 AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 19 unlawful interference with voting in the second degree under AS 15.56.035(a)(6); or 20 (6) knowingly submits or encourages or assists another person to 21 submit a permanent absentee voting or [AN] absentee ballot application to an 22 intermediary who could control or delay the submission of the application to the 23 division of elections or who could gather data from the application form as prohibited 24 by AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 25 unlawful interference with voting in the second degree under AS 15.56.035(a)(7). 26 * Sec. 5. AS 15.56.035(a) is amended to read: 27 (a) A person commits the crime of unlawful interference with voting in the 28 second degree if the person 29 (1) has an official ballot in possession outside of the voting room 30 unless the person is an election official or other person authorized by law or local 31 ordinance, or by the director or chief municipal elections official in a local election;
01 (2) makes, or knowingly has in possession, a counterfeit of an official 02 election ballot; 03 (3) knowingly solicits or encourages, directly or indirectly, a registered 04 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 05 (4) as a registration official 06 (A) knowingly refuses to register a person who is entitled to 07 register under AS 15.07.030; or 08 (B) accepts a fee from an applicant applying for registration; 09 (5) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 10 or encouraging or assisting another person to supply to a voter a permanent absentee 11 voting or [AN] absentee ballot application form with a political party or group 12 affiliation indicated if the voter is not already registered as affiliated with that political 13 party or group; 14 (6) knowingly designs, marks, or encourages or assists another person 15 to design or mark a permanent absentee voting or [AN] absentee ballot application 16 in a manner that suggests choice of one ballot over another as prohibited by 17 AS 15.20.081(a) or 15.20.085(b); or 18 (7) knowingly submits or encourages or assists another person to 19 submit a permanent absentee voting or [AN] absentee ballot application to an 20 intermediary who could control or delay the submission of the application to the 21 division of elections or who could gather data from the application form as prohibited 22 by AS 15.20.081(a) or 15.20.085(b). 23 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may 26 proceed to adopt or amend regulations as necessary to implement the changes made by this 27 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 28 before the effective date of the law implemented by the regulations. 29 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 30 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2011.