SSHB 77: "An Act establishing a top two nonpartisan blanket primary election system for elective state executive and state and national legislative offices; changing appointment procedures relating to precinct watchers and members of precinct election boards, election district absentee and questioned ballot counting boards, and the Alaska Public Offices Commission; requiring certain written notices to appear in election pamphlets and polling places; relating to declarations of candidacy and letters of intent; and amending the definition of 'political party.'"
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 77 01 "An Act establishing a top two nonpartisan blanket primary election system for elective 02 state executive and state and national legislative offices; changing appointment 03 procedures relating to precinct watchers and members of precinct election boards, 04 election district absentee and questioned ballot counting boards, and the Alaska Public 05 Offices Commission; requiring certain written notices to appear in election pamphlets 06 and polling places; relating to declarations of candidacy and letters of intent; and 07 amending the definition of 'political party.'" 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 15.10.120(c) is amended to read: 10 (c) An election supervisor shall appoint one person selected by [NOMINEE 11 OF] the political party or political group with the largest number of registered 12 voters at the time of the preceding gubernatorial election [OF WHICH THE 13 GOVERNOR IS A MEMBER] and one person selected by [NOMINEE OF] the
01 political party or political group with [THAT RECEIVED] the second largest 02 number of registered voters at the time of [VOTES STATEWIDE IN] the preceding 03 gubernatorial election. However, the election supervisor may appoint a qualified 04 person registered as a member of a third political party or political group or as a 05 nonpartisan or undeclared voter if [IF] a party district committee or state party 06 central committee of the party or group with the largest number of registered 07 voters [OF WHICH THE GOVERNOR IS A MEMBER] or the party or group with 08 [THAT RECEIVED] the second largest number of registered voters at the time of 09 [VOTES STATEWIDE IN] the preceding gubernatorial election fails to present the 10 names prescribed by (b) of this section by April 15 of a regular election year or at least 11 60 days before a special primary election [, THE ELECTION SUPERVISOR MAY 12 APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED TO VOTE]. 13 * Sec. 2. AS 15.10.170 is amended to read: 14 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 15 committee, where an organized precinct committee exists, or the party district 16 committee where no organized precinct committee exists, or the state party 17 chairperson where neither a precinct nor a party district committee exists, may appoint 18 one or more persons as watchers in each precinct and counting center for any election. 19 Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 20 more watchers for each precinct or counting center in the candidate's respective 21 district or the state for any election. Any organization or organized group that sponsors 22 or opposes an initiative, referendum or recall may have one or more persons as 23 watchers at the polls and counting centers after first obtaining authorization from the 24 director. A state party chairperson, a precinct party committee, a party district 25 committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 26 ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 27 on duty at a time in any precinct or counting center. The watcher may be present at a 28 position inside the place of voting or counting that affords a full view of all action of 29 the election officials taken from the time the polls are opened until the ballots are 30 finally counted and the results certified by the election board or the data processing 31 review board. The election board or the data processing review board may require
01 each watcher to present written proof showing appointment by the precinct party 02 committee, the party district committee, the organization or organized group, or the 03 candidate the watcher represents [THAT IS SIGNED BY THE CHAIRPERSON OF 04 THE PRECINCT PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, 05 THE STATE PARTY CHAIRPERSON, THE ORGANIZATION OR ORGANIZED 06 GROUP, OR THE CANDIDATE REPRESENTING NO PARTY]. 07 * Sec. 3. AS 15.13.020(b) is amended to read: 08 (b) The governor shall appoint two members of each of the two political 09 parties or political groups with the largest number of registered voters at the time 10 of [WHOSE CANDIDATE FOR GOVERNOR RECEIVED THE HIGHEST 11 NUMBER OF VOTES IN] the most recent preceding general election at which a 12 governor was elected. The two appointees from each of these two parties or groups 13 shall be chosen from a list of four names to be submitted by the central committee of 14 each party or group. 15 * Sec. 4. AS 15.13.020(d) is amended to read: 16 (d) Members of the commission serve staggered terms of five years, or until a 17 successor is appointed and qualifies. The terms of no two members who are members 18 of the same political party or political group may expire in consecutive years. A 19 member may not serve more than one term. However, a person appointed to fill the 20 unexpired term of a predecessor may be appointed to a successive full five-year term. 21 * Sec. 5. AS 15.13.074(c) is amended to read: 22 (c) A person or group may not make a contribution 23 (1) to a candidate or an individual who files with the commission the 24 document necessary to permit that individual to incur certain election-related expenses 25 as authorized by AS 15.13.100 when the office is to be filled at a general election 26 before the date that is 18 months before the general election; 27 (2) to a candidate or an individual who files with the commission the 28 document necessary to permit that individual to incur certain election-related expenses 29 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 30 municipal election before the date that is 18 months before the date of the regular 31 municipal election or that is before the date of the proclamation of the special election
01 at which the candidate or individual seeks election to public office; or 02 (3) to any candidate later than the 45th day 03 (A) after the date of the primary or special primary election if 04 the candidate was not chosen to appear on the general or special election 05 ballot [NOMINATED] at the primary or special primary election; or 06 (B) after the date of the general or special election, or after the 07 date of a municipal or municipal runoff election. 08 * Sec. 6. AS 15.13.110(f) is amended to read: 09 (f) During the year in which the election is scheduled, each of the following 10 shall file the campaign disclosure reports in the manner and at the times required by 11 this section: 12 (1) a person who, under the regulations adopted by the commission to 13 implement AS 15.13.100, indicates an intention to become a candidate for elective 14 state executive or legislative office; 15 (2) [A PERSON WHO HAS FILED A NOMINATING PETITION 16 UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 17 GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE 18 OFFICE; 19 (3)] a person who campaigns as a write-in candidate for elective state 20 executive or legislative office at the general election; and 21 (3) [(4)] a group or nongroup entity that receives contributions or 22 makes expenditures on behalf of or in opposition to a person described in (1) or (2) 23 [(1) - (3)] of this subsection, except as provided for certain independent expenditures 24 by nongroup entities in AS 15.13.135(a). 25 * Sec. 7. AS 15.13.400(4) is amended to read: 26 (4) "contribution" 27 (A) means a purchase, payment, promise or obligation to pay, 28 loan or loan guarantee, deposit or gift of money, goods, or services for which 29 charge is ordinarily made, and includes the payment by a person other than a 30 candidate or political party, or compensation for the personal services of 31 another person, that is rendered to the candidate or political party, and that is
01 made for the purpose of 02 (i) influencing the nomination or election of a 03 candidate; 04 (ii) influencing a ballot proposition or question; or 05 (iii) supporting or opposing an initiative proposal 06 application filed with the lieutenant governor under AS 15.45.020; 07 (B) does not include 08 (i) services provided without compensation by 09 individuals volunteering a portion or all of their time on behalf of a 10 political party, candidate, or ballot proposition or question; 11 (ii) ordinary hospitality in a home; 12 (iii) two or fewer mass mailings before each election by 13 each political party describing members of the party running as 14 candidates for public office in that election [THE PARTY'S SLATE 15 OF CANDIDATES FOR ELECTION], which may include 16 photographs, biographies, and information about the [PARTY'S] 17 candidates; 18 (iv) the results of a poll limited to issues and not 19 mentioning any candidate, unless the poll was requested by or designed 20 primarily to benefit the candidate; 21 (v) any communication in the form of a newsletter from 22 a legislator to the legislator's constituents, except a communication 23 expressly advocating the election or defeat of a candidate or a 24 newsletter or material in a newsletter that is clearly only for the private 25 benefit of a legislator or a legislative employee; or 26 (vi) a fundraising list provided without compensation 27 by one candidate or political party to a candidate or political party; 28 * Sec. 8. AS 15.15 is amended by adding a new section to read: 29 Sec. 15.15.005. Top two nonpartisan blanket primary. A voter qualified 30 under AS 15.05 may cast a vote for any candidate for each elective state executive and 31 state and national legislative office, without limitations based on the political party or
01 political group preference or affiliation of either the voter or the candidate. 02 * Sec. 9. AS 15.15.030(5) is amended to read: 03 (5) The names of the candidates [AND THEIR PARTY 04 DESIGNATIONS] shall be placed in separate sections on the state general election 05 ballot under the office designation to which they were nominated. If a candidate has 06 indicated a political party or group preference, or requested to be designated as 07 nonpartisan or undeclared, the preference or designation [THE PARTY 08 AFFILIATION, IF ANY,] shall be placed [DESIGNATED] after the name of the 09 candidate. The lieutenant governor and the governor shall be included under the same 10 section. Provision shall be made for voting for write-in [AND NO-PARTY] 11 candidates within each section. Paper ballots for the state general election shall be 12 printed on white paper. 13 * Sec. 10. AS 15.15.030 is amended by adding a new paragraph to read: 14 (15) The director shall include the following statement on the ballot: 15 A political party or group preference indicated by a candidate for state 16 office, United States senate, or United States representative reflects 17 only the designation requested by the candidate and is not an official 18 endorsement by any political party or group. 19 * Sec. 11. AS 15.15.060 is amended by adding a new subsection to read: 20 (e) In each polling place, the director shall require to be posted, in a location 21 conspicuous to a person who will be voting, the following notice, written in bold: 22 A political party or group preference indicated by a candidate for state 23 office, United States senate, or United States representative on a ballot 24 reflects only the designation requested by the candidate and is not an 25 official endorsement by any political party or group. 26 * Sec. 12. AS 15.20.081(a) is amended to read: 27 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 28 or other electronic transmission to the director for an absentee ballot under this 29 section. Another individual may apply for an absentee ballot on behalf of a qualified 30 voter if that individual is designated to act on behalf of the voter in a written general 31 power of attorney or a written special power of attorney that authorizes the other
01 individual to apply for an absentee ballot on behalf of the voter. The application must 02 include the address or, if the application requests delivery of an absentee ballot by 03 electronic transmission, the telephone electronic transmission number, to which the 04 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 05 applicant's signature. However, a person residing outside the United States and 06 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 07 not include an Alaska residence address in the application. [A PERSON MAY 08 SUPPLY TO A VOTER AN ABSENTEE BALLOT APPLICATION FORM WITH 09 A POLITICAL PARTY OR GROUP AFFILIATION INDICATED ONLY IF THE 10 VOTER IS ALREADY REGISTERED AS AFFILIATED WITH THE POLITICAL 11 PARTY OR GROUP INDICATED. ONLY THE VOTER OR THE INDIVIDUAL 12 DESIGNATED BY THE VOTER IN A WRITTEN POWER OF ATTORNEY 13 UNDER THIS SUBSECTION MAY MARK THE VOTER'S CHOICE OF 14 PRIMARY BALLOT ON AN APPLICATION. A PERSON SUPPLYING AN 15 ABSENTEE BALLOT APPLICATION FORM MAY NOT DESIGN OR MARK 16 THE APPLICATION IN A MANNER THAT SUGGESTS CHOICE OF ONE 17 BALLOT OVER ANOTHER, EXCEPT THAT BALLOT CHOICES MAY BE 18 LISTED ON AN APPLICATION AS AUTHORIZED BY THE DIVISION.] The 19 application must be made on a form prescribed or approved by the director. The voter 20 or registration official shall submit the application directly to the division of elections. 21 For purposes of this subsection, "directly to the division of elections" means that an 22 application may not be submitted to any intermediary that could control or delay the 23 submission of the application to the division or gather data on the applicant from the 24 application form. However, nothing in this subsection is intended to prohibit a voter 25 from giving a completed absentee ballot application to a friend, relative, or associate 26 for transfer to the United States Postal Service or a private commercial delivery 27 service for delivery to the division. 28 * Sec. 13. AS 15.20.082(c) is repealed and reenacted to read: 29 (c) If the names of candidates to appear on the general election ballot have not 30 yet been certified, a special state absentee ballot prepared for the state general election 31 must include the name of each candidate appearing on the primary election ballot. The
01 ballot shall permit the voter to vote in the general election by indicating the voter's 02 order of preference for each candidate for each office. To indicate the order of 03 preference for each candidate for each office to be voted on in the election, the voter 04 shall put the number one next to the name of the candidate who is the voter's first 05 choice, the number two for the voter's second choice, and so forth, so that, in 06 consecutive numerical order, a number indicating the voter's preference is written by 07 the voter next to each candidate's name on the ballot. For each office, the director shall 08 count the vote as being for the highest ranked candidate whose name appears on the 09 general election ballot. If the voter writes in a name for an office, the vote shall be 10 counted as a write-in vote for that office. 11 * Sec. 14. AS 15.20.190(a) is amended to read: 12 (a) Thirty days before the date of an election, the election supervisors shall 13 appoint, in the same manner provided for the appointment of election officials 14 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 15 ballot counting boards, each composed of at least four members. At least one member 16 of each board must be a member of the same political party or group with the largest 17 number of registered voters at the time of the preceding gubernatorial election 18 [OF WHICH THE GOVERNOR IS A MEMBER], and at least one member of each 19 board must be a member of the political party or group with the second largest 20 number of registered voters at the time of [WHOSE CANDIDATE FOR 21 GOVERNOR RECEIVED THE SECOND LARGEST NUMBER OF VOTES IN] the 22 preceding gubernatorial election. The district boards shall assist the election 23 supervisors in counting the absentee and questioned ballots and shall receive the same 24 compensation paid election officials under AS 15.15.380. 25 * Sec. 15. AS 15.25.010 is amended to read: 26 Sec. 15.25.010. Provision for primary election. Candidates for the elective 27 state executive and state and national legislative offices shall be chosen to appear on 28 the general election ballot [NOMINATED] in a primary election by direct vote of the 29 people in the manner prescribed by this chapter. The primary election does not serve 30 to determine the nominee of a political party or group but serves only to narrow 31 to those candidates receiving the greatest number of votes and the second
01 greatest number of votes for any office the number of candidates whose names 02 will appear on the ballot at the general election. [THE DIRECTOR SHALL 03 PREPARE AND PROVIDE A PRIMARY ELECTION BALLOT FOR EACH 04 POLITICAL PARTY. A VOTER REGISTERED AS AFFILIATED WITH A 05 POLITICAL PARTY MAY VOTE THAT PARTY'S BALLOT. A VOTER 06 REGISTERED AS NONPARTISAN OR UNDECLARED RATHER THAN AS 07 AFFILIATED WITH A PARTICULAR POLITICAL PARTY MAY VOTE THE 08 POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE UNLESS 09 PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER REGISTERED 10 AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE THE BALLOT 11 OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO DO SO 12 UNDER AS 15.25.014.] 13 * Sec. 16. AS 15.25.030(a) is amended to read: 14 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 15 candidate [OF THE PARTY] in the primary election or a special primary election 16 shall execute and file a declaration of candidacy. The declaration shall be executed 17 under oath before an officer authorized to take acknowledgments and must state in 18 substance 19 (1) the full name of the candidate; 20 (2) the full mailing address of the candidate; 21 (3) if the candidacy is for the office of state senator or state 22 representative, the house or senate district of which the candidate is a resident; 23 (4) the office for which the candidate seeks nomination; 24 (5) the [NAME OF THE] political party or political group 25 preference, or nonpartisan or undeclared designation, the candidate would like 26 placed after the candidate's name on the ballot, if any [OF WHICH THE PERSON 27 IS A CANDIDATE FOR NOMINATION]; 28 (6) the full residence address of the candidate, and the date on which 29 residency at that address began; 30 (7) the date of the primary election or special primary election at 31 which the candidate seeks nomination;
01 (8) the length of residency in the state and in the district of the 02 candidate; 03 (9) that the candidate will meet the specific citizenship requirements of 04 the office for which the person is a candidate; 05 (10) that the candidate is a qualified voter as required by law; 06 (11) that the candidate will meet the specific age requirements of the 07 office for which the person is a candidate; if the candidacy is for the office of state 08 representative, that the candidate will be at least 21 years of age on the first scheduled 09 day of the first regular session of the legislature convened after the election; if the 10 candidacy is for the office of state senator, that the candidate will be at least 25 years 11 of age on the first scheduled day of the first regular session of the legislature convened 12 after the election; if the candidacy is for the office of governor or lieutenant governor, 13 that the candidate will be at least 30 years of age on the first Monday in December 14 following election or, if the office is to be filled by special election under 15 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 16 date of certification of the results of the special election; or, for any other office, by 17 the time that the candidate, if elected, is sworn into office; 18 (12) that the candidate requests that the candidate's name be placed on 19 the primary or special primary election ballot; 20 (13) that the required fee accompanies the declaration; 21 (14) that the person is not a candidate for any other office to be voted 22 on at the primary or general election and that the person is not a candidate for this 23 office under any other declaration of candidacy or nominating petition; and 24 (15) the manner in which the candidate wishes the candidate's name to 25 appear on the ballot [; AND 26 (16) THAT THE CANDIDATE IS REGISTERED TO VOTE AS A 27 MEMBER OF THE POLITICAL PARTY WHOSE NOMINATION IS BEING 28 SOUGHT]. 29 * Sec. 17. AS 15.25.040(a) is amended to read: 30 (a) The declaration is filed by either 31 (1) the actual physical delivery of the declaration in person or by mail
01 at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is 02 held for the office; or 03 (2) reliable electronic transmission of a copy in substance of the 04 statements made in paragraphs (1) - (5) of the declaration as required by 05 AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a 06 general election is held for the office and also the actual physical delivery of the 07 declaration containing paragraphs (1) - (15) [(16)] as required by AS 15.25.030(a) by 08 mail that is received not more than 15 days after that time. 09 * Sec. 18. AS 15.25.060 is repealed and reenacted to read: 10 Sec. 15.25.060. Preparation and distribution of ballots. The primary 11 election ballots shall be prepared and distributed by the director in the manner 12 prescribed for general election ballots except as specifically provided otherwise for the 13 primary election. The director shall prepare and provide a primary election ballot that 14 contains all of the candidates for elective state executive and state and national 15 legislative offices and all of the ballot titles and propositions required to appear on the 16 ballot at the primary election. The director shall print the ballots on white paper and 17 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. 21 * Sec. 19. AS 15.25.100 is repealed and reenacted to read: 22 Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 23 the names of candidates that appear on the primary election ballot under 24 AS 15.25.010, the director shall place on the general election ballot only the names of 25 the candidates receiving the greatest number of votes and the second greatest number 26 of votes for an office, except as provided in (b) and (c) of this section. 27 (b) If two candidates tie 28 (1) in having the greatest number of votes for an office in the primary 29 election, the director shall place only the names of those two candidates for that office 30 on the general election ballot; 31 (2) in having the second greatest number of votes for an office in the
01 primary election, the director shall place on the general election ballot the name of 02 only one of the candidates who tied for that office, to be determined by lot under 03 AS 15.20.530. 04 (c) For the office of lieutenant governor, the director shall place on the general 05 election ballot, together with the name of the candidate for governor who received 06 (1) the greatest number of votes in the primary election, the name of 07 either the candidate for lieutenant governor receiving the greatest number of votes or 08 the candidate for lieutenant governor receiving the second greatest number of votes, 09 whichever the candidate for governor chooses to run with jointly; and 10 (2) the second greatest number of votes in the primary election, the 11 name of either the candidate for lieutenant governor receiving the greatest number of 12 votes or the candidate for lieutenant governor receiving the second greatest number of 13 votes, whichever was not chosen to run jointly with the candidate for governor who 14 received the greatest number of votes. 15 * Sec. 20. AS 15.25.105(a) is amended to read: 16 (a) If a candidate does not appear on the primary election ballot or is not 17 successful in advancing to the general election and wishes to be a candidate in the 18 general election, the candidate may file as a write-in candidate. Votes for a write-in 19 candidate may not be counted unless that candidate has filed a letter of intent with the 20 director stating 21 (1) the full name of the candidate; 22 (2) the full residence address of the candidate and the date on which 23 residency at that address began; 24 (3) the full mailing address of the candidate; 25 (4) the [NAME OF THE] political party or political group preference, 26 or nonpartisan or undeclared designation, of the candidate's choice [OF WHICH 27 THE CANDIDATE IS A MEMBER], if any; 28 (5) if the candidate is for the office of state senator or state 29 representative, the house or senate district of which the candidate is a resident; 30 (6) the office that the candidate seeks; 31 (7) the date of the election at which the candidate seeks election;
01 (8) the length of residency in the state and in the [HOUSE] district of 02 the candidate; 03 (9) the name of the candidate as the candidate wishes it to be written 04 on the ballot by the voter; 05 (10) that the candidate meets the specific citizenship requirements of 06 the office for which the person is a candidate; 07 (11) that the candidate will meet the specific age requirements of the 08 office for which the person is a candidate; if the candidacy is for the office of state 09 representative, that the candidate will be at least 21 years of age on the first scheduled 10 day of the first regular session of the legislature convened after the election; if the 11 candidacy is for the office of state senator, that the candidate will be at least 25 years 12 of age on the first scheduled day of the first regular session of the legislature convened 13 after the election; if the candidacy is for the office of governor or lieutenant governor, 14 that the candidate will be at least 30 years of age on the first Monday in December 15 following election or, if the office is to be filled by special election under 16 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 17 date of certification of the results of the special election; or, for any other office, by 18 the time that the candidate, if elected, is sworn into office; 19 (12) that the candidate is a qualified voter as required by law; and 20 (13) that the candidate is not a candidate for any other office to be 21 voted on at the general election and that the candidate is not a candidate for this office 22 under any other nominating petition or declaration of candidacy. 23 * Sec. 21. AS 15.25.105(b) is amended to read: 24 (b) If a write-in candidate is running for the office of governor, the candidate 25 must file a joint letter of intent together with a candidate for lieutenant governor. 26 [BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 27 GROUP.] 28 * Sec. 22. AS 15.40.140 is amended to read: 29 Sec. 15.40.140. Condition and time of calling special election. When a 30 vacancy occurs in the office of United States senator or United States representative, 31 the governor shall, by proclamation, call a special primary election to be held on a
01 date not less than 60, nor more than 90, days after the date the vacancy occurs, to be 02 followed by a special election on the first Tuesday that is not a state holiday 03 occurring not less than 60 days after the special primary election. However, if the 04 vacancy occurs on a date that is not less than 60, nor more than 90 days before [OR 05 IS ON OR AFTER] the date, in an election year in which a candidate for that 06 office is not regularly elected, of 07 (1) the primary election [IN THE GENERAL ELECTION YEAR 08 DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 09 ELECTED], the [GOVERNOR MAY NOT CALL A] special primary election shall 10 be held on the date of the primary election with the subsequent special election to 11 be held on the date of the general election; or 12 (2) the general election, the special primary election shall be held 13 on the date of the general election with the subsequent special election to be held 14 on the first Tuesday that is not a state holiday occurring not less than 60 days 15 after the special primary and general election. 16 * Sec. 23. AS 15.40.160 is amended to read: 17 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 18 calling the special primary election and special election at least 50 days before the 19 special primary election. 20 * Sec. 24. AS 15.40.190 is amended to read: 21 Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates. 22 Petitions for the nomination of candidates must be executed under oath and [NOT 23 REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 24 VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 25 OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING 26 GENERAL ELECTION AND SHALL] state in substance that which is required for a 27 declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 28 AS 15.25.180]. 29 * Sec. 25. AS 15.40.220 is amended to read: 30 Sec. 15.40.220. General provisions for conduct of the special primary 31 election and special election. Unless specifically provided otherwise, all provisions
01 regarding the conduct of the primary election and general election shall govern the 02 conduct of the special primary election and special election of the United States 03 senator or United States representative, including provisions concerning voter 04 qualifications; provisions regarding the duties, powers, rights, and obligations of the 05 director, of other election officials, and of municipalities; provision for notification of 06 the election; provision for payment of election expenses; provisions regarding 07 employees being allowed time from work to vote; provisions for the counting, 08 reviewing, and certification of returns; provisions for the determination of the votes 09 and of recounts, contests, and appeal; and provision for absentee voting. 10 * Sec. 26. AS 15.40.230 is amended to read: 11 Sec. 15.40.230. Condition and time of calling special election. When a 12 person appointed to succeed to the office of lieutenant governor succeeds to the office 13 of acting governor, the acting governor shall, by proclamation, call a special primary 14 election to be held on a date not less than 60, nor more than 90, days after the date the 15 vacancy in the office of the governor occurred and a subsequent special election to 16 be held on the first Tuesday that is not a state holiday occurring not less than 60 17 days after the special primary election. However, if the vacancy occurs on a date 18 that is less than 60 days before or is on or after the date of the primary election in 19 years in which a governor is regularly elected, the acting governor shall serve the 20 remainder of the unexpired term and may not call a special election. 21 * Sec. 27. AS 15.40.240 is amended to read: 22 Sec. 15.40.240. Conditions for holding special primary election and special 23 election with primary or general election. If the vacancy occurs on a date not less 24 than 60, nor more than 90, days before the date of the primary election in an election 25 year in which a governor is not regularly elected, the acting governor shall, by 26 proclamation, call the special primary election to be held on the date of the 27 primary election and the special election to be held on the date of the general 28 election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 29 if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 30 of the [PRIMARY ELECTION OR] general election in election years in which a 31 governor is not regularly elected, the acting governor shall, by proclamation, call the
01 special primary election to be held on the date of the [PRIMARY ELECTION OR] 02 general election with the subsequent special election to be held on the first 03 Tuesday that is not a state holiday occurring not less than 60 days after the 04 special primary and general election. 05 * Sec. 28. AS 15.40.250 is amended to read: 06 Sec. 15.40.250. Proclamation of special election. The acting governor shall 07 issue the proclamation calling the special primary election and special election at 08 least 50 days before the special primary election. 09 * Sec. 29. AS 15.40.280 is amended to read: 10 Sec. 15.40.280. Requirements of petition for [NO-PARTY] candidates. 11 Petitions for the nomination of candidates must [NOT REPRESENTING A 12 POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 13 STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 14 OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 15 ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 16 AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 17 required for a declaration of candidacy under AS 15.25.030 [NOMINATION 18 PETITIONS BY AS 15.25.180]. 19 * Sec. 30. AS 15.40.310 is amended to read: 20 Sec. 15.40.310. General provisions for conduct of the special primary 21 election and special election. Unless specifically provided otherwise, all provisions 22 regarding the conduct of the primary and general election shall govern the conduct of 23 the special primary election and special election of the governor and lieutenant 24 governor, including provisions concerning voter qualifications; provisions regarding 25 the duties, powers, rights, and obligations of the director, of other election officials, 26 and of municipalities; provision for notification of the election; provision for payment 27 of election expenses; provisions regarding employees being allowed time from work 28 to vote; provisions for the counting, reviewing, and certification of returns; provisions 29 for the determination of the votes and of recounts, contests, and appeal; and provision 30 for absentee voting. 31 * Sec. 31. AS 15.40.330 is amended to read:
01 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 02 appointee shall meet the qualifications of a member of the legislature as prescribed in 03 sec. 2, art. II, of the state constitution, and, if the predecessor in office was a 04 member of a political party or group at the time of the vacancy, (1) shall be a 05 member of the same political party or group as [THAT WHICH NOMINATED] the 06 predecessor in office; [,] and (2) shall be subject to confirmation by a majority of the 07 members of the legislature who are members of the same political party or group as 08 [WHICH NOMINATED] the predecessor in office and of the same house as was the 09 predecessor in office. If the predecessor in office was not a member of 10 [NOMINATED BY] a political party or group at the time of the vacancy or, if no 11 other member of the predecessor's political party or group is a member of the 12 predecessor's house of the legislature, the governor may appoint any qualified person. 13 If the appointee is not a member of a political party or group, as defined in (b) of this 14 section, the appointment is not subject to confirmation. If the appointee is a member 15 of a political party or group, the appointment is subject to confirmation as provided 16 by (b) of this section for the confirmation of political party or group appointees. 17 (b) A member of a political party or group is a person who supports the 18 political program of a political party or group. The placement of a nonpartisan or 19 undeclared designation after the name [FILING FOR OFFICE] of a candidate on 20 the primary election ballot [AS AN INDEPENDENT OR NO-PARTY 21 CANDIDATE] does not preclude a candidate from being a member of a political party 22 or group. Recognition of a [AN INDEPENDENT OR NO-PARTY] candidate as a 23 member of a political party or group caucus of members of the legislature at the 24 legislative session following the election of the [INDEPENDENT OR NO-PARTY] 25 candidate is recognition of that person's political party or group membership for the 26 purposes of confirmation under this section [AT THE TIME FILINGS WERE 27 MADE BY PARTY CANDIDATES FOR THE PRECEDING GENERAL 28 ELECTION]. 29 * Sec. 32. AS 15.40.380 is amended to read: 30 Sec. 15.40.380. Conditions for part-term senate appointment and special 31 election. If the vacancy is for an unexpired senate term of more than two years and
01 five full calendar months, the governor shall call a special primary election and a 02 special election by proclamation, and the appointment shall expire on the date the 03 state senate first convenes or reconvenes following the certification of the results of 04 the special election by the director. 05 * Sec. 33. AS 15.40.390 is amended to read: 06 Sec. 15.40.390. Date of special primary election and special election. The 07 special primary election to fill a vacancy in the state senate shall be held on the date 08 of the first primary [GENERAL] election held more than 60 days [THREE FULL 09 CALENDAR MONTHS] after the senate vacancy occurs, and the special election 10 shall be held on the date of the first general election thereafter. 11 * Sec. 34. AS 15.40.400 is amended to read: 12 Sec. 15.40.400. Proclamation of special election. The governor shall issue the 13 proclamation calling the special primary election and special election at least 50 14 days before the special primary election. 15 * Sec. 35. AS 15.40.440 is amended to read: 16 Sec. 15.40.440. Requirements of petition for [NO-PARTY] candidates. 17 Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 18 PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 19 AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 20 BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 21 DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 22 PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 23 DISTRICT,] and must state in substance that which is required in a declaration of 24 candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 25 AS 15.25.180]. 26 * Sec. 36. AS 15.40.470 is amended to read: 27 Sec. 15.40.470. General provision for conduct of the special primary 28 election and special election. Unless specifically provided otherwise, all provisions 29 regarding the conduct of the primary election and general election shall govern the 30 conduct of the special primary election and special election of state senators, 31 including provisions concerning voter qualifications; provisions regarding the duties,
01 powers, rights, and obligations of the director, of other election officials, and of 02 municipalities; provision for notification of the election; provision for payment of 03 election expenses; provisions regarding employees being allowed time from work to 04 vote; provisions for the counting, reviewing, and certification of returns; provisions for 05 the determination of the votes and of recounts, contests, and appeal; and provision for 06 absentee voting. 07 * Sec. 37. AS 15.58.020(a) is amended by adding a new paragraph to read: 08 (13) the following statement written in bold in a conspicuous location: 09 A political party or group preference indicated by a candidate for state 10 office, United States senate, or United States representative on a ballot 11 reflects only the designation requested by the candidate and is not an 12 official endorsement by any political party or group. 13 * Sec. 38. AS 15.58.030(b) is amended to read: 14 (b) Not [NO] later than July 22 of a year in which a state general election will 15 be held, an individual who becomes a candidate for the office of United States senator, 16 United States representative, governor, lieutenant governor, state senator, or state 17 representative under AS 15.25.030 [OR 15.25.180] may file with the lieutenant 18 governor a photograph and a statement advocating the candidacy. [AN INDIVIDUAL 19 WHO BECOMES A CANDIDATE FOR THE OFFICE OF UNITED STATES 20 SENATOR, UNITED STATES REPRESENTATIVE, GOVERNOR, LIEUTENANT 21 GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE BY PARTY 22 PETITION FILED UNDER AS 15.25.110 MAY FILE WITH THE LIEUTENANT 23 GOVERNOR A PHOTOGRAPH AND A STATEMENT ADVOCATING THE 24 CANDIDACY WITHIN 10 DAYS OF BECOMING A CANDIDATE.] 25 * Sec. 39. AS 15.80.008(a) is amended to read: 26 (a) A political group that the director has not recognized as a political party 27 may obtain recognized political party status if, on or before May 31 of the election 28 year for which the political group seeks recognition, the political group 29 (1) files an application with the director; and 30 (2) [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED 31 STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES
01 IN AS 15.25.014; AND 02 (3)] meets the definition of a political party in AS 15.80.010. 03 * Sec. 40. AS 15.80.010(25) is amended to read: 04 (25) "political party" means an organized group of voters that 05 represents a political program and 06 (A) that [NOMINATED A CANDIDATE FOR GOVERNOR 07 WHO RECEIVED AT LEAST THREE PERCENT OF THE TOTAL VOTES 08 CAST FOR GOVERNOR AT THE PRECEDING GENERAL ELECTION 09 OR] has registered voters in the state equal in number to at least three percent 10 of the total votes cast for governor at the preceding general election; 11 (B) if the office of governor was not on the ballot at the 12 preceding general election but the office of United States senator was on that 13 ballot, that [NOMINATED A CANDIDATE FOR UNITED STATES 14 SENATOR WHO RECEIVED AT LEAST THREE PERCENT OF THE 15 TOTAL VOTES CAST FOR UNITED STATES SENATOR AT THAT 16 GENERAL ELECTION OR] has registered voters in the state equal in number 17 to at least three percent of the total votes cast for United States senator at that 18 general election; or 19 (C) if neither the office of governor nor the office of United 20 States senator was on the ballot at the preceding general election, that 21 [NOMINATED A CANDIDATE FOR UNITED STATES 22 REPRESENTATIVE WHO RECEIVED AT LEAST THREE PERCENT OF 23 THE TOTAL VOTES CAST FOR UNITED STATES REPRESENTATIVE 24 AT THAT GENERAL ELECTION OR] has registered voters in the state equal 25 in number to at least three percent of the total votes cast for United States 26 representative at that general election; 27 * Sec. 41. AS 39.50.020(b) is amended to read: 28 (b) A public official or former public official other than an elected or 29 appointed municipal officer shall file the statement with the Alaska Public Offices 30 Commission. Candidates for the office of governor and lieutenant governor and, if the 31 candidate is not subject to AS 24.60, the legislature shall file the statement under
01 AS 15.25.030 [OR 15.25.180]. Municipal officers, former municipal officers, and 02 candidates for elective municipal office, shall file with the municipal clerk or other 03 municipal official designated to receive their filing for office. All statements required 04 to be filed under this chapter are public records. 05 * Sec. 42. AS 15.25.014, 15.25.056, 15.25.110, 15.25.120, 15.25.130, 15.25.140, 15.25.150, 06 15.25.160, 15.25.170, 15.25.180, 15.25.185, 15.25.190, 15.25.200; AS 15.40.145, 15.40.150, 07 15.40.200, 15.40.210, 15.40.290, 15.40.300, 15.40.450, 15.40.460; AS 15.56.030(a)(4), 08 15.56.030(a)(5), and 15.56.035(a)(5) are repealed. 09 * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 TRANSITION; VOTER EDUCATION AS TO CHANGES MADE TO STATE 12 ELECTION SYSTEMS THROUGH ADOPTION OF A TOP TWO NONPARTISAN 13 BLANKET PRIMARY. (a) For a period of not less than one full election cycle immediately 14 following the effective date of this Act, the director of elections shall, in a manner reasonably 15 calculated to educate the public, inform voters of the changes made to the state's election 16 systems in this Act. 17 (b) In this section, "election cycle" means the 24-month period commencing on 18 January 1 of odd-numbered years and ending on December 31 of even-numbered years.