HB 225: "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; and amending the definition of 'political party.'"
00 HOUSE BILL NO. 225 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; and amending the definition of 'political party.'" 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 15.10.120(c) is amended to read: 08 (c) An election supervisor shall appoint one person selected by [NOMINEE 09 OF] the political party or political group that [OF WHICH] the governor, while a 10 candidate, indicated on the ballot in the preceding gubernatorial election to be 11 the governor's preference [IS A MEMBER] and one person selected by 12 [NOMINEE OF] the political party or political group that the candidate receiving 13 [THAT RECEIVED] the second largest number of votes statewide indicated on the
01 ballot in the preceding gubernatorial election to be the candidate's preference. 02 However, the election supervisor may appoint a qualified person registered as an 03 independent or undeclared voter if 04 (1) [. IF] a party district committee or state party central committee of 05 the party or group that [OF WHICH] the governor, while a candidate, indicated on 06 the ballot in the preceding gubernatorial election to be the governor's preference 07 [IS A MEMBER] or the party or group that the candidate receiving [THAT 08 RECEIVED] the second largest number of votes statewide indicated on the ballot in 09 the preceding gubernatorial election to be that candidate's preference fails to present 10 the names prescribed by (b) of this section by April 15 of a regular election year or at 11 least 60 days before a special primary election; 12 (2) the political party or political group that the governor, while a 13 candidate, indicated on the ballot in the preceding gubernatorial election to be 14 the governor's preference is the same party or group that the candidate receiving 15 the second largest number of votes indicated on the ballot in that election to be 16 that candidate's preference; or 17 (3) the governor, or candidate that received the second largest 18 number of votes, was designated as independent or undeclared on the ballot in 19 the preceding gubernatorial election [, THE ELECTION SUPERVISOR MAY 20 APPOINT ANY QUALIFIED INDIVIDUAL REGISTERED TO VOTE]. 21 * Sec. 2. AS 15.10.170 is amended to read: 22 Sec. 15.10.170. Appointment and privileges of watchers. The precinct party 23 committee, where an organized precinct committee exists, or the party district 24 committee where no organized precinct committee exists, or the state party 25 chairperson where neither a precinct nor a party district committee exists, may appoint 26 one or more persons as watchers in each precinct and counting center for any election. 27 Each candidate [NOT REPRESENTING A POLITICAL PARTY] may appoint one or 28 more watchers for each precinct or counting center in the candidate's respective 29 district or the state for any election. Any organization or organized group that sponsors 30 or opposes an initiative, referendum or recall may have one or more persons as 31 watchers at the polls and counting centers after first obtaining authorization from the
01 director. A state party chairperson, a precinct party committee, a party district 02 committee, or a candidate [NOT REPRESENTING A POLITICAL PARTY OR 03 ORGANIZATION OR ORGANIZED GROUP] may not have more than one watcher 04 on duty at a time in any precinct or counting center. The watcher may be present at a 05 position inside the place of voting or counting that affords a full view of all action of 06 the election officials taken from the time the polls are opened until the ballots are 07 finally counted and the results certified by the election board or the data processing 08 review board. The election board or the data processing review board may require 09 each watcher to present written proof showing appointment by the precinct party 10 committee, the party district committee, the organization or organized group, or the 11 candidate the watcher represents [THAT IS SIGNED BY THE CHAIRPERSON OF 12 THE PRECINCT PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, 13 THE STATE PARTY CHAIRPERSON, THE ORGANIZATION OR ORGANIZED 14 GROUP, OR THE CANDIDATE REPRESENTING NO PARTY]. 15 * Sec. 3. AS 15.13.020(b) is amended to read: 16 (b) The governor shall appoint two members of each of the two political 17 parties or political groups that the two candidates receiving [WHOSE 18 CANDIDATE FOR GOVERNOR RECEIVED] the highest number of votes for 19 governor in the most recent gubernatorial [PRECEDING GENERAL] election 20 indicated to be each candidate's preference on the ballot [AT WHICH A 21 GOVERNOR WAS ELECTED]. The two appointees from each of these two parties 22 or groups shall be chosen from a list of four names to be submitted by the central 23 committee of each party or group. If the two candidates receiving the highest 24 number of votes for governor both indicated the same political party or political 25 group preference on the ballot in the most recent gubernatorial election, the 26 governor shall appoint two persons from a list of four names submitted by that 27 party or group and appoint two persons who are registered as independent or 28 undeclared voters. 29 * Sec. 4. AS 15.13.020(d) is amended to read: 30 (d) Members of the commission serve staggered terms of five years, or until a 31 successor is appointed and qualifies. The terms of no two members who are members
01 of the same political party or political group may expire in consecutive years. A 02 member may not serve more than one term. However, a person appointed to fill the 03 unexpired term of a predecessor may be appointed to a successive full five-year term. 04 * Sec. 5. AS 15.13.074(c) is amended to read: 05 (c) A person or group may not make a contribution 06 (1) to a candidate or an individual who files with the commission the 07 document necessary to permit that individual to incur certain election-related expenses 08 as authorized by AS 15.13.100 when the office is to be filled at a general election 09 before the date that is 18 months before the general election; 10 (2) to a candidate or an individual who files with the commission the 11 document necessary to permit that individual to incur certain election-related expenses 12 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 13 municipal election before the date that is 18 months before the date of the regular 14 municipal election or that is before the date of the proclamation of the special election 15 at which the candidate or individual seeks election to public office; or 16 (3) to any candidate later than the 45th day 17 (A) after the date of the primary or special primary election if 18 the candidate was not chosen to appear on the general or special election 19 ballot [NOMINATED] at the primary or special primary election; or 20 (B) after the date of the general or special election, or after the 21 date of a municipal or municipal runoff election. 22 * Sec. 6. AS 15.13.110(f) is amended to read: 23 (f) During the year in which the election is scheduled, each of the following 24 shall file the campaign disclosure reports in the manner and at the times required by 25 this section: 26 (1) a person who, under the regulations adopted by the commission to 27 implement AS 15.13.100, indicates an intention to become a candidate for elective 28 state executive or legislative office; 29 (2) [A PERSON WHO HAS FILED A NOMINATING PETITION 30 UNDER AS 15.25.140 - 15.25.200 TO BECOME A CANDIDATE AT THE 31 GENERAL ELECTION FOR ELECTIVE STATE EXECUTIVE OR LEGISLATIVE
01 OFFICE; 02 (3)] a person who campaigns as a write-in candidate for elective state 03 executive or legislative office at the general election; and 04 (3) [(4)] a group or nongroup entity that receives contributions or 05 makes expenditures on behalf of or in opposition to a person described in (1) or (2) 06 [(1) - (3)] of this subsection, except as provided for certain independent expenditures 07 by nongroup entities in AS 15.13.135(a). 08 * Sec. 7. AS 15.13.400(4) is amended to read: 09 (4) "contribution" 10 (A) means a purchase, payment, promise or obligation to pay, 11 loan or loan guarantee, deposit or gift of money, goods, or services for which 12 charge is ordinarily made, and includes the payment by a person other than a 13 candidate or political party, or compensation for the personal services of 14 another person, that is rendered to the candidate or political party, and that is 15 made for the purpose of 16 (i) influencing the nomination or election of a 17 candidate; 18 (ii) influencing a ballot proposition or question; or 19 (iii) supporting or opposing an initiative proposal 20 application filed with the lieutenant governor under AS 15.45.020; 21 (B) does not include 22 (i) services provided without compensation by 23 individuals volunteering a portion or all of their time on behalf of a 24 political party, candidate, or ballot proposition or question; 25 (ii) ordinary hospitality in a home; 26 (iii) two or fewer mass mailings before each election by 27 each political party describing members of the party running as 28 candidates for public office in that election [THE PARTY'S SLATE 29 OF CANDIDATES FOR ELECTION], which may include 30 photographs, biographies, and information about the [PARTY'S] 31 candidates;
01 (iv) the results of a poll limited to issues and not 02 mentioning any candidate, unless the poll was requested by or designed 03 primarily to benefit the candidate; 04 (v) any communication in the form of a newsletter from 05 a legislator to the legislator's constituents, except a communication 06 expressly advocating the election or defeat of a candidate or a 07 newsletter or material in a newsletter that is clearly only for the private 08 benefit of a legislator or a legislative employee; or 09 (vi) a fundraising list provided without compensation 10 by one candidate or political party to a candidate or political party; 11 * Sec. 8. AS 15.15 is amended by adding a new section to read: 12 Sec. 15.15.005. Top two nonpartisan blanket primary. A voter qualified 13 under AS 15.05 may cast a vote for any candidate for each elective state executive and 14 state and national legislative office without limitations based on the political party or 15 political group preference or affiliation of either the voter or the candidate. 16 * Sec. 9. AS 15.15.030(5) is amended to read: 17 (5) The names of the candidates [AND THEIR PARTY 18 DESIGNATIONS] shall be placed in separate sections on the state general election 19 ballot under the office designation to which they were nominated. If a candidate has 20 indicated a political party or group preference, or requested to be designated as 21 independent or undeclared, the preference or designation [THE PARTY 22 AFFILIATION, IF ANY,] shall be placed [DESIGNATED] after the name of the 23 candidate. The lieutenant governor and the governor shall be included under the same 24 section. Provision shall be made for voting for write-in [AND NO-PARTY] 25 candidates within each section. Paper ballots for the state general election shall be 26 printed on white paper. 27 * Sec. 10. AS 15.15.030 is amended by adding a new paragraph to read: 28 (15) The director shall include the following statement on the ballot: 29 "A political party or group preference indicated for a candidate reflects only the 30 designation requested by the candidate and not an official endorsement by a political 31 party or group."
01 * Sec. 11. AS 15.20.081(a) is amended to read: 02 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 03 or other electronic transmission to the director for an absentee ballot under this 04 section. Another individual may apply for an absentee ballot on behalf of a qualified 05 voter if that individual is designated to act on behalf of the voter in a written general 06 power of attorney or a written special power of attorney that authorizes the other 07 individual to apply for an absentee ballot on behalf of the voter. The application must 08 include the address or, if the application requests delivery of an absentee ballot by 09 electronic transmission, the telephone electronic transmission number, to which the 10 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 11 applicant's signature. However, a person residing outside the United States and 12 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 13 not include an Alaska residence address in the application. [A PERSON MAY 14 SUPPLY TO A VOTER AN ABSENTEE BALLOT APPLICATION FORM WITH 15 A POLITICAL PARTY OR GROUP AFFILIATION INDICATED ONLY IF THE 16 VOTER IS ALREADY REGISTERED AS AFFILIATED WITH THE POLITICAL 17 PARTY OR GROUP INDICATED. ONLY THE VOTER OR THE INDIVIDUAL 18 DESIGNATED BY THE VOTER IN A WRITTEN POWER OF ATTORNEY 19 UNDER THIS SUBSECTION MAY MARK THE VOTER'S CHOICE OF 20 PRIMARY BALLOT ON AN APPLICATION. A PERSON SUPPLYING AN 21 ABSENTEE BALLOT APPLICATION FORM MAY NOT DESIGN OR MARK 22 THE APPLICATION IN A MANNER THAT SUGGESTS CHOICE OF ONE 23 BALLOT OVER ANOTHER, EXCEPT THAT BALLOT CHOICES MAY BE 24 LISTED ON AN APPLICATION AS AUTHORIZED BY THE DIVISION.] The 25 application must be made on a form prescribed or approved by the director. The voter 26 or registration official shall submit the application directly to the division of elections. 27 For purposes of this subsection, "directly to the division of elections" means that an 28 application may not be submitted to any intermediary that could control or delay the 29 submission of the application to the division or gather data on the applicant from the 30 application form. However, nothing in this subsection is intended to prohibit a voter 31 from giving a completed absentee ballot application to a friend, relative, or associate
01 for transfer to the United States Postal Service or a private commercial delivery 02 service for delivery to the division. 03 * Sec. 12. AS 15.20.082(c) is repealed and reenacted to read: 04 (c) A special state absentee ballot prepared for the state general election must, 05 if the names of candidates to appear on the general election ballot are not yet certified, 06 include the name of each candidate appearing on the primary election ballot. The 07 ballot shall permit the voter to vote in the general election by indicating the voter's 08 order of preference for each candidate for each office. To indicate order of preference 09 for each candidate for each office to be voted on in the election, the voter shall put the 10 number one next to the name of the candidate who is the voter's first choice, the 11 number two for the voter's second choice, and so forth, so that, in consecutive 12 numerical order, a number indicating the voter's preference is written by the voter next 13 to each candidate's name on the ballot. For each office, the director shall count the 14 vote as being for the highest ranked candidate whose name appears on the general 15 election ballot. If the voter writes in a name for an office, the vote shall be counted as 16 a write-in vote for that office. 17 * Sec. 13. AS 15.20.190(a) is amended to read: 18 (a) Thirty days before the date of an election, the election supervisors shall 19 appoint, in the same manner provided for the appointment of election officials 20 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 21 ballot counting boards, each composed of at least four members. At least one member 22 of each board must be a member of the same political party or political group that 23 [OF WHICH] the governor, while a candidate, indicated on the ballot in the 24 preceding gubernatorial election to be the governor's preference [IS A 25 MEMBER], and at least one member of each board must be a member of the political 26 party or political group that the candidate receiving [WHOSE CANDIDATE FOR 27 GOVERNOR RECEIVED] the second largest number of votes indicated on the 28 ballot in the preceding gubernatorial election to be that candidate's preference. The 29 district boards shall assist the election supervisors in counting the absentee and 30 questioned ballots and shall receive the same compensation paid election officials 31 under AS 15.15.380. If the governor, or the candidate for governor who received
01 the second largest number of votes, was designated as independent or undeclared 02 on the ballot in the preceding gubernatorial election, the election supervisor may 03 instead appoint a person registered as an independent or undeclared voter. 04 * Sec. 14. 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 chosen to appear on 07 the general election ballot [NOMINATED] in a primary election by direct vote of the 08 people in the manner prescribed by this chapter. [THE DIRECTOR SHALL 09 PREPARE AND PROVIDE A PRIMARY ELECTION BALLOT FOR EACH 10 POLITICAL PARTY. A VOTER REGISTERED AS AFFILIATED WITH A 11 POLITICAL PARTY MAY VOTE THAT PARTY'S BALLOT. A VOTER 12 REGISTERED AS NONPARTISAN OR UNDECLARED RATHER THAN AS 13 AFFILIATED WITH A PARTICULAR POLITICAL PARTY MAY VOTE THE 14 POLITICAL PARTY BALLOT OF THE VOTER'S CHOICE UNLESS 15 PROHIBITED FROM DOING SO UNDER AS 15.25.014. A VOTER REGISTERED 16 AS AFFILIATED WITH A POLITICAL PARTY MAY NOT VOTE THE BALLOT 17 OF A DIFFERENT POLITICAL PARTY UNLESS PERMITTED TO DO SO 18 UNDER AS 15.25.014.] 19 * Sec. 15. AS 15.25.030(a) is amended to read: 20 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a 21 candidate [OF THE PARTY] in the primary election or a special primary election 22 shall execute and file a declaration of candidacy. The declaration shall be executed 23 under oath before an officer authorized to take acknowledgments and must state in 24 substance 25 (1) the full name of the candidate; 26 (2) the full mailing address of the candidate; 27 (3) if the candidacy is for the office of state senator or state 28 representative, the house or senate district of which the candidate is a resident; 29 (4) the office for which the candidate seeks nomination; 30 (5) the [NAME OF THE] political party or political group 31 preference, or independent or undeclared designation, the candidate would like
01 placed after the candidate's name on the ballot, if any [OF WHICH THE PERSON 02 IS A CANDIDATE FOR NOMINATION]; 03 (6) the full residence address of the candidate, and the date on which 04 residency at that address began; 05 (7) the date of the primary election or special primary election at 06 which the candidate seeks nomination; 07 (8) the length of residency in the state and in the district of the 08 candidate; 09 (9) that the candidate will meet the specific citizenship requirements of 10 the office for which the person is a candidate; 11 (10) that the candidate is a qualified voter as required by law; 12 (11) that the candidate will meet the specific age requirements of the 13 office for which the person is a candidate; if the candidacy is for the office of state 14 representative, that the candidate will be at least 21 years of age on the first scheduled 15 day of the first regular session of the legislature convened after the election; if the 16 candidacy is for the office of state senator, that the candidate will be at least 25 years 17 of age on the first scheduled day of the first regular session of the legislature convened 18 after the election; if the candidacy is for the office of governor or lieutenant governor, 19 that the candidate will be at least 30 years of age on the first Monday in December 20 following election or, if the office is to be filled by special election under 21 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 22 date of certification of the results of the special election; or, for any other office, by 23 the time that the candidate, if elected, is sworn into office; 24 (12) that the candidate requests that the candidate's name be placed on 25 the primary or special primary election ballot; 26 (13) that the required fee accompanies the declaration; 27 (14) that the person is not a candidate for any other office to be voted 28 on at the primary or general election and that the person is not a candidate for this 29 office under any other declaration of candidacy or nominating petition; and 30 (15) the manner in which the candidate wishes the candidate's name to 31 appear on the ballot [; AND
01 (16) THAT THE CANDIDATE IS REGISTERED TO VOTE AS A 02 MEMBER OF THE POLITICAL PARTY WHOSE NOMINATION IS BEING 03 SOUGHT]. 04 * Sec. 16. AS 15.25.040(a) is amended to read: 05 (a) The declaration is filed by either 06 (1) the actual physical delivery of the declaration in person or by mail 07 at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is 08 held for the office; or 09 (2) reliable electronic transmission of a copy in substance of the 10 statements made in paragraphs (1) - (5) of the declaration as required by 11 AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a 12 general election is held for the office and also the actual physical delivery of the 13 declaration containing paragraphs (1) - (15) [(16)] as required by AS 15.25.030(a) by 14 mail that is received not more than 15 days after that time. 15 * Sec. 17. AS 15.25.060 is repealed and reenacted to read: 16 Sec. 15.25.060. Preparation and distribution of ballots. The primary 17 election ballots shall be prepared and distributed by the director in the manner 18 prescribed for general election ballots except as specifically provided otherwise for the 19 primary election. The director shall prepare and provide a primary election ballot that 20 contains all of the candidates for elective state executive and state and national 21 legislative offices and all of the ballot titles and propositions required to appear on the 22 ballot at the primary election. The director shall print the ballots on white paper and 23 place the names of all candidates who have properly filed in groups according to 24 offices. The order of the placement of the names for each office shall be as provided 25 for the general election ballot. Blank spaces may not be provided on the ballot for the 26 writing or pasting in of names. 27 * Sec. 18. AS 15.25.100 is repealed and reenacted to read: 28 Sec. 15.25.100. Placement of candidates on general election ballot. (a) Of 29 the names of candidates that appear on the primary election ballot under 30 AS 15.25.010, the director shall place on the general election ballot only the names of 31 the candidates receiving the greatest number of votes and the second greatest number
01 of votes for an office, except as provided in (b) and (c) of this section. 02 (b) If two candidates tie 03 (1) in having the greatest number of votes for an office in the primary 04 election, the director shall place only the names of those two candidates for that office 05 on the general election ballot; 06 (2) in having the second greatest number of votes for an office in the 07 primary election, the director shall place on the general election ballot the name of 08 only one of the candidates who tied for that office, to be determined by lot under 09 AS 15.20.530. 10 (c) For the office of lieutenant governor, the director shall place on the general 11 election ballot, together with the name of the candidate for governor who received 12 (1) the greatest number of votes in the primary election, the name of 13 either the candidate for lieutenant governor receiving the greatest number of votes or 14 the candidate for lieutenant governor receiving the second greatest number of votes, 15 whichever the candidate for governor chooses to run with jointly; and 16 (2) the second greatest number of votes in the primary election, the 17 name of either the candidate for lieutenant governor receiving the greatest number of 18 votes or the candidate for lieutenant governor receiving the second greatest number of 19 votes, whichever was not chosen to run jointly with the candidate for governor who 20 received the greatest number of votes. 21 * Sec. 19. AS 15.25.105(a) is amended to read: 22 (a) If a candidate does not appear on the primary election ballot or is not 23 successful in advancing to the general election and wishes to be a candidate in the 24 general election, the candidate may file as a write-in candidate. Votes for a write-in 25 candidate may not be counted unless that candidate has filed a letter of intent with the 26 director stating 27 (1) the full name of the candidate; 28 (2) the full residence address of the candidate and the date on which 29 residency at that address began; 30 (3) the full mailing address of the candidate; 31 (4) [THE NAME OF THE POLITICAL PARTY OR POLITICAL
01 GROUP OF WHICH THE CANDIDATE IS A MEMBER, IF ANY; 02 (5)] if the candidate is for the office of state senator or state 03 representative, the house or senate district of which the candidate is a resident; 04 (5) [(6)] the office that the candidate seeks; 05 (6) [(7)] the date of the election at which the candidate seeks election; 06 (7) [(8)] the length of residency in the state and in the house district of 07 the candidate; 08 (8) [(9)] the name of the candidate as the candidate wishes it to be 09 written on the ballot by the voter; 10 (9) [(10)] that the candidate meets the specific citizenship requirements 11 of the office for which the person is a candidate; 12 (10) [(11)] that the candidate will meet the specific age requirements 13 of the office for which the person is a candidate; if the candidacy is for the office of 14 state representative, that the candidate will be at least 21 years of age on the first 15 scheduled day of the first regular session of the legislature convened after the election; 16 if the candidacy is for the office of state senator, that the candidate will be at least 25 17 years of age on the first scheduled day of the first regular session of the legislature 18 convened after the election; if the candidacy is for the office of governor or lieutenant 19 governor, that the candidate will be at least 30 years of age on the first Monday in 20 December following election or, if the office is to be filled by special election under 21 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 22 date of certification of the results of the special election; or, for any other office, by 23 the time that the candidate, if elected, is sworn into office; 24 (11) [(12)] that the candidate is a qualified voter as required by law; 25 and 26 (12) [(13)] that the candidate is not a candidate for any other office to 27 be voted on at the general election and that the candidate is not a candidate for this 28 office under any other nominating petition or declaration of candidacy. 29 * Sec. 20. AS 15.25.105(b) is amended to read: 30 (b) If a write-in candidate is running for the office of governor, the candidate 31 must file a joint letter of intent together with a candidate for lieutenant governor.
01 [BOTH CANDIDATES MUST BE OF THE SAME POLITICAL PARTY OR 02 GROUP.] 03 * Sec. 21. AS 15.40.140 is amended to read: 04 Sec. 15.40.140. Condition and time of calling special election. When a 05 vacancy occurs in the office of United States senator or United States representative, 06 the governor shall, by proclamation, call a special primary election to be held on a 07 date not less than 60, nor more than 90, days after the date the vacancy occurs, to be 08 followed by a special election on the first Tuesday that is not a state holiday 09 occurring not less than 60 days after the special primary election. However, if the 10 vacancy occurs on a date that is not less than 60, nor more than 90 days before [OR 11 IS ON OR AFTER] the date, in an election year in which a candidate for that 12 office is not regularly elected, of 13 (1) the primary election [IN THE GENERAL ELECTION YEAR 14 DURING WHICH A CANDIDATE TO FILL THE OFFICE IS REGULARLY 15 ELECTED], the [GOVERNOR MAY NOT CALL A] special primary election shall 16 be held on the date of the primary election with the subsequent special election to 17 be held on the date of the general election; or 18 (2) the general election, the special primary election shall be held 19 on the date of the general election with the subsequent special election to be held 20 on the first Tuesday that is not a state holiday occurring not less than 60 days 21 after the special primary and general election. 22 * Sec. 22. AS 15.40.160 is amended to read: 23 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 24 calling the special primary election and special election at least 50 days before the 25 special primary election. 26 * Sec. 23. AS 15.40.190 is amended to read: 27 Sec. 15.40.190. Requirements of petition for [NO-PARTY] candidates. 28 Petitions for the nomination of candidates must be executed under oath and [NOT 29 REPRESENTING A POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED 30 VOTERS OF THE STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT 31 OF THE NUMBER OF VOTERS WHO CAST BALLOTS IN THE PRECEDING
01 GENERAL ELECTION AND SHALL] state in substance that which is required for a 02 declaration of candidacy under AS 15.25.030 [NOMINATION PETITIONS BY 03 AS 15.25.180]. 04 * Sec. 24. AS 15.40.220 is amended to read: 05 Sec. 15.40.220. General provisions for conduct of the special primary 06 election and special election. Unless specifically provided otherwise, all provisions 07 regarding the conduct of the primary election and general election shall govern the 08 conduct of the special primary election and special election of the United States 09 senator or United States representative, including provisions concerning voter 10 qualifications; provisions regarding the duties, powers, rights, and obligations of the 11 director, of other election officials, and of municipalities; provision for notification of 12 the election; provision for payment of election expenses; provisions regarding 13 employees being allowed time from work to vote; provisions for the counting, 14 reviewing, and certification of returns; provisions for the determination of the votes 15 and of recounts, contests, and appeal; and provision for absentee voting. 16 * Sec. 25. AS 15.40.230 is amended to read: 17 Sec. 15.40.230. Condition and time of calling special election. When a 18 person appointed to succeed to the office of lieutenant governor succeeds to the office 19 of acting governor, the acting governor shall, by proclamation, call a special primary 20 election to be held on a date not less than 60, nor more than 90, days after the date the 21 vacancy in the office of the governor occurred and a subsequent special election to 22 be held on the first Tuesday that is not a state holiday occurring not less than 60 23 days after the special primary election. However, if the vacancy occurs on a date 24 that is less than 60 days before or is on or after the date of the primary election in 25 years in which a governor is regularly elected, the acting governor shall serve the 26 remainder of the unexpired term and may not call a special election. 27 * Sec. 26. AS 15.40.240 is amended to read: 28 Sec. 15.40.240. Conditions for holding special primary election and special 29 election with primary or general election. If the vacancy occurs on a date not less 30 than 60, nor more than 90, days before the date of the primary election in an election 31 year in which a governor is not regularly elected, the acting governor shall, by
01 proclamation, call the special primary election to be held on the date of the 02 primary election and the special election to be held on the date of the general 03 election, [IN YEARS IN WHICH A GOVERNOR IS REGULARLY ELECTED] or, 04 if the vacancy occurs on a date not less than 60, nor more than 90, days before the date 05 of the [PRIMARY ELECTION OR] general election in election years in which a 06 governor is not regularly elected, the acting governor shall, by proclamation, call the 07 special primary election to be held on the date of the [PRIMARY ELECTION OR] 08 general election with the subsequent special election to be held on the first 09 Tuesday that is not a state holiday occurring not less than 60 days after the 10 special primary and general election. 11 * Sec. 27. AS 15.40.250 is amended to read: 12 Sec. 15.40.250. Proclamation of special election. The acting governor shall 13 issue the proclamation calling the special primary election and special election at 14 least 50 days before the special primary election. 15 * Sec. 28. AS 15.40.280 is amended to read: 16 Sec. 15.40.280. Requirements of petition for [NO-PARTY] candidates. 17 Petitions for the nomination of candidates must [NOT REPRESENTING A 18 POLITICAL PARTY SHALL BE SIGNED BY QUALIFIED VOTERS OF THE 19 STATE EQUAL IN NUMBER TO AT LEAST ONE PERCENT OF THE NUMBER 20 OF VOTERS WHO CAST BALLOTS IN THE PRECEDING GENERAL 21 ELECTION, SHALL INCLUDE NOMINEES FOR THE OFFICE OF GOVERNOR 22 AND LIEUTENANT GOVERNOR, AND SHALL] state in substance that which is 23 required for a declaration of candidacy under AS 15.25.030 [NOMINATION 24 PETITIONS BY AS 15.25.180]. 25 * Sec. 29. AS 15.40.310 is amended to read: 26 Sec. 15.40.310. General provisions for conduct of the special primary 27 election and special election. Unless specifically provided otherwise, all provisions 28 regarding the conduct of the primary and general election shall govern the conduct of 29 the special primary election and special election of the governor and lieutenant 30 governor, including provisions concerning voter qualifications; provisions regarding 31 the duties, powers, rights, and obligations of the director, of other election officials,
01 and of municipalities; provision for notification of the election; provision for payment 02 of election expenses; provisions regarding employees being allowed time from work 03 to vote; provisions for the counting, reviewing, and certification of returns; provisions 04 for the determination of the votes and of recounts, contests, and appeal; and provision 05 for absentee voting. 06 * Sec. 30. AS 15.40.330 is amended to read: 07 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 08 appointee shall meet the qualifications of a member of the legislature as prescribed in 09 Sec. 2, art. II, of the state constitution, and, if the predecessor in office was a 10 member of a political party or group at the time of the vacancy, (1) shall be a 11 member of the same political party or group as [THAT WHICH NOMINATED] the 12 predecessor in office; [,] and (2) shall be subject to confirmation by a majority of the 13 members of the legislature who are members of the same political party or group as 14 [WHICH NOMINATED] the predecessor in office and of the same house as was the 15 predecessor in office. If the predecessor in office was not a member of 16 [NOMINATED BY] a political party or group at the time of the vacancy, or [IF] no 17 other member of the predecessor's political party or group is a member of the 18 predecessor's house of the legislature, the governor may appoint any qualified person. 19 If the appointee is not a member of a political party or group, as defined in (b) of this 20 section, the appointment is not subject to confirmation. If the appointee is a member 21 of a political party or group, the appointment is subject to confirmation as provided 22 by (b) of this section for the confirmation of political party or group appointees. 23 (b) A member of a political party or group is a person who supports the 24 political program of a political party or group. The placement of an independent or 25 undeclared designation after the name [FILING FOR OFFICE] of a candidate on 26 the primary election ballot [AS AN INDEPENDENT OR NO-PARTY 27 CANDIDATE] does not preclude a candidate from being a member of a political party 28 or group. Recognition of a [AN INDEPENDENT OR NO-PARTY] candidate as a 29 member of a political party or group caucus of members of the legislature at the 30 legislative session following the election of the [INDEPENDENT OR NO-PARTY] 31 candidate is recognition of that person's political party or group membership for the
01 purposes of confirmation under this section [AT THE TIME FILINGS WERE 02 MADE BY PARTY CANDIDATES FOR THE PRECEDING GENERAL 03 ELECTION]. 04 * Sec. 31. AS 15.40.380 is amended to read: 05 Sec. 15.40.380. Conditions for part-term senate appointment and special 06 election. If the vacancy is for an unexpired senate term of more than two years and 07 five full calendar months, the governor shall call a special primary election and a 08 special election by proclamation, and the appointment shall expire on the date the 09 state senate first convenes or reconvenes following the certification of the results of 10 the special election by the director. 11 * Sec. 32. AS 15.40.390 is amended to read: 12 Sec. 15.40.390. Date of special primary election and special election. The 13 special primary election to fill a vacancy in the state senate shall be held on the date 14 of the first primary [GENERAL] election held more than 60 days [THREE FULL 15 CALENDAR MONTHS] after the senate vacancy occurs, and the special election 16 shall be held on the date of the first general election thereafter. 17 * Sec. 33. AS 15.40.400 is amended to read: 18 Sec. 15.40.400. Proclamation of special election. The governor shall issue the 19 proclamation calling the special primary election and special election at least 50 20 days before the special primary election. 21 * Sec. 34. AS 15.40.440 is amended to read: 22 Sec. 15.40.440. Requirements of petition for [NO-PARTY] candidates. 23 Petitions for the nomination of candidates [NOT REPRESENTING A POLITICAL 24 PARTY SHALL BE SIGNED BY QUALIFIED VOTERS EQUAL IN NUMBER TO 25 AT LEAST ONE PERCENT OF THE NUMBER OF VOTERS WHO CAST 26 BALLOTS IN THE PROPOSED NOMINEE'S RESPECTIVE HOUSE OR SENATE 27 DISTRICT IN THE PRECEDING GENERAL ELECTION. A NOMINATING 28 PETITION MAY NOT CONTAIN LESS THAN 50 SIGNATURES FOR ANY 29 DISTRICT,] and must state in substance that which is required in a declaration of 30 candidacy under AS 15.25.030 [PETITIONS FOR NOMINATION BY 31 AS 15.25.180].
01 * Sec. 35. AS 15.40.470 is amended to read: 02 Sec. 15.40.470. General provision for conduct of the special primary 03 election and special election. Unless specifically provided otherwise, all provisions 04 regarding the conduct of the primary election and general election shall govern the 05 conduct of the special primary election and special election of state senators, 06 including provisions concerning voter qualifications; provisions regarding the duties, 07 powers, rights, and obligations of the director, of other election officials, and of 08 municipalities; provision for notification of the election; provision for payment of 09 election expenses; provisions regarding employees being allowed time from work to 10 vote; provisions for the counting, reviewing, and certification of returns; provisions for 11 the determination of the votes and of recounts, contests, and appeal; and provision for 12 absentee voting. 13 * Sec. 36. 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. 37. 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. 38. 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. 39. 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. 40. 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.