00                            SENATE BILL NO. 260                                                                         
01 "An Act relating to electronic voting procedures for electric and telephone cooperatives;                               
02 and providing for an effective date."                                                                                   
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 10.25.120 is amended to read:                                                                      
05            Sec. 10.25.120. Voting. Each member is entitled to one vote on each matter                                 
06       submitted to a vote of the membership. Each member of a district is entitled to one                               
07       vote on each matter submitted to a vote at a district meeting. A member may not vote                              
08       by proxy but may vote, if the bylaws so provide, by mail or electronic transmission,                          
09       as specified by the cooperative.                                                                              
10    * Sec. 2. AS 10.25.125 is amended to read:                                                                         
11            Sec. 10.25.125. Record date. To determine the members entitled to notice of a                              
12       meeting of the members or to vote on a matter that is to be submitted to a vote of the                            
13       members, or for any other proper purpose, the board of directors may fix a date that                              
14       occurs not [NO] more than 30 days before the date of notice or distribution of mail or                    

01       electronic ballots as the record date for the determination. If a record date is not fixed                    
02       for the determination of members entitled to notice of a meeting or to vote on a matter,                          
03       the date on which notice of the meeting or of mail or electronic voting is first                              
04       distributed [MAILED] is the record date. When a determination of members entitled                             
05       to vote at a meeting is made, the determination applies until the meeting is adjourned                            
06       sine die.                                                                                                         
07    * Sec. 3. AS 10.25.190 is amended to read:                                                                         
08            Sec. 10.25.190. Districts. The bylaws may provide for the division of the                                  
09       territory served or to be served by a cooperative into two or more districts for any                              
10       purpose, including, without limitation, the nomination and election of directors and the                          
11       election and functioning of district delegates. These delegates, who shall be members,                            
12       may nominate and elect directors. The bylaws shall prescribe the boundaries of the                                
13       districts, or the manner of establishing the boundaries, and the manner of changing the                           
14       boundaries, and the manner in which the districts function. A [NO] member at any                              
15       district meeting and a [NO] district delegate at any meeting may not vote by proxy,                   
16       [OR] by mail, or by electronic transmission. However, the election of directors shall                         
17       be by mail or, if the bylaws so provide, by electronic transmission, as specified by                          
18       the cooperative [UNLESS THE BYLAWS PROVIDE OTHERWISE].                                                        
19    * Sec. 4. AS 10.25.210 is amended to read:                                                                         
20            Sec. 10.25.210. Amendment of articles of incorporation. A cooperative may                                  
21       amend its articles of incorporation as follows, except that it may change the location of                         
22       its principal office in the manner set out in AS 10.25.230:                                                       
23                 (1)  the proposed amendment shall be presented to the members or                                        
24       district delegates at a meeting or by written notice; if the proposed amendment is                                
25       presented at a meeting, the notice of the meeting must set out or have attached to it the                         
26       proposed amendment;                                                                                               
27                 (2)  if the proposed amendment, with any changes, is approved by the                                    
28       affirmative vote of not less than two-thirds of those members or district delegates                               
29       voting on it, the presiding officer of the board of directors shall execute and                                   
30       acknowledge articles of amendment on behalf of the cooperative and the officer                                    
31       designated by the board shall affix and attest to the seal of the cooperative; if the                             

01       cooperative accepts ballots both at a meeting and by mail or by electronic                                    
02       transmission, a member may vote by mail, by electronic transmission, or at the                            
03       meeting, as specified by the cooperative.                                                                     
04    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).