HB 248: "An Act establishing a separate primary ballot for voters registered as nonpartisan or undeclared."
00 HOUSE BILL NO. 248 01 "An Act establishing a separate primary ballot for voters registered as nonpartisan or 02 undeclared." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.25.010 is amended to read: 05 Sec. 15.25.010. Provision for primary election. Candidates for the elective 06 state executive and state and national legislative offices shall be nominated in a 07 primary election by direct vote of the people in the manner prescribed by this chapter. 08 The director shall prepare and provide a primary election ballot for each political 09 party. A voter registered as affiliated with a political party may vote that party's ballot. 10 [A VOTER REGISTERED AS NONPARTISAN OR UNDECLARED RATHER 11 THAN AS AFFILIATED WITH A PARTICULAR POLITICAL PARTY MAY 12 VOTE THE POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE UNLESS 13 PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER REGISTERED 14 AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE THE BALLOT
01 OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO DO SO 02 UNDER AS 15.25.014.] 03 * Sec. 2. AS 15.25.014(a) is amended to read: 04 (a) Not later than 5:00 p.m., Alaska time, on September 1 of the calendar year 05 before the calendar year in which a primary election is to be held, a political party 06 shall submit a notice in writing to the director stating whether the party bylaws permit 07 a voter registered as affiliated with another party to [EXPAND OR LIMIT WHO 08 MAY] participate in the primary election for selection of the party's candidates for 09 elective state executive and state and national legislative offices. A copy of the party's 10 bylaws controlling whether a voter registered as affiliated with another political 11 party may [EXPANDING OR LIMITING WHO MAY] participate in the primary 12 election for selection of the party's candidates, documentation required under (b) of 13 this section, and other information required by the director, must be submitted along 14 with the notice. The notice, bylaws, documentation, and other information required by 15 the director shall be provided by the party's chairperson or another party official 16 designated by the party's bylaws. 17 * Sec. 3. AS 15.25.014(b) is amended to read: 18 (b) Once a political party timely submits a notice and bylaws under (a) of this 19 section and the director finds that the party has met the requirements of this chapter 20 and other applicable laws, the director shall permit a voter registered as affiliated with 21 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 22 participate in the selection of the party's candidates [AND MAY NOT PERMIT A 23 VOTER REGISTERED AS NONPARTISAN OR UNDECLARED TO VOTE A 24 PARTY'S BALLOT IF THE PARTY'S BYLAWS RESTRICT PARTICIPATION BY 25 NONPARTISAN OR UNDECLARED VOTERS IN THE PARTY'S PRIMARY]. 26 However, for a subsequent primary election, the party shall timely submit another 27 notice, bylaws, documentation, and other information under (a) of this section if the 28 party's bylaws regarding whether voters registered as affiliated with another 29 political party [WHO] may participate in the primary election for selection of the 30 party's candidates change. 31 * Sec. 4. AS 15.25 is amended by adding a new section to read:
01 Sec. 15.25.016. Primary election ballot for voters registered as nonpartisan 02 or undeclared. The director shall prepare and provide a primary election ballot for 03 voters registered as nonpartisan or undeclared, rather than affiliated with a particular 04 political party, that contains all candidates standing for nomination to elective state 05 executive and state and national legislative offices and all of the ballot titles and 06 propositions required to appear on the ballot at the primary election. 07 * Sec. 5. AS 15.25.060(a) is amended to read: 08 (a) The primary election ballots shall be prepared and distributed by the 09 director in the manner prescribed in this section. The director shall prepare and 10 provide a primary election ballot for each political party that contains all of the 11 candidates of that party for elective state executive and state and national legislative 12 offices and a primary election ballot for voters registered as nonpartisan or 13 undeclared that contains all of the candidates standing for nomination to elective 14 state executive and state and national legislative offices. Each primary election 15 ballot must contain [AND] all of the ballot titles and propositions required to appear 16 on the ballot at the primary election. The director shall print the ballots on white paper 17 and place the names of all candidates who have properly filed in groups according to 18 offices. The order of the placement of the names for each office shall be as provided 19 for the general election ballot. Blank spaces may not be provided on the ballot for the 20 writing or pasting in of names. [THE DIRECTOR SHALL ALSO PREPARE AND 21 PRINT A SEPARATE PRIMARY ELECTION BALLOT INCLUDING ONLY THE 22 BALLOT TITLES AND PROPOSITIONS REQUIRED TO APPEAR ON THE 23 BALLOT.] 24 * Sec. 6. AS 15.25.060(b) is amended to read: 25 (b) A voter may vote only one primary election ballot. A voter may vote a 26 political party ballot only if the voter is registered as affiliated with that party or [,] is 27 allowed to participate in the party primary under the party's bylaws [, OR IS 28 REGISTERED AS NONPARTISAN OR UNDECLARED RATHER THAN AS 29 AFFILIATED WITH A PARTICULAR POLITICAL PARTY AND THE PARTY'S 30 BYLAWS DO NOT RESTRICT PARTICIPATION BY NONPARTISAN OR 31 UNDECLARED VOTERS IN THE PARTY'S PRIMARY]. For the purpose of
01 determining which primary election ballot a voter may use, a voter's party affiliation is 02 considered to be the affiliation registered with the director as of the 30th day before 03 the primary election. If a voter changes party affiliation within the 30 days before the 04 primary election, the voter's previous party affiliation shall be used for the 05 determination under this subsection. 06 * Sec. 7. AS 15.25.100 is amended to read: 07 Sec. 15.25.100. Placement of nominees on general election ballot. The 08 director shall place the name of the candidate for nomination by each political party 09 receiving the highest number of votes for an office [BY A POLITICAL PARTY] on 10 the general election ballot.