HB 260: "An Act establishing a permanent absentee voting option for qualified voters; and providing for an effective date."
00 HOUSE BILL NO. 260 01 "An Act establishing a permanent absentee voting option for qualified voters; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.07.127 is amended by adding a new subsection to read: 05 (b) The director shall maintain the list under (a) of this section so that the 06 names of persons who have the status of permanent absentee voters under 07 AS 15.20.085 may be readily identified. 08 * Sec. 2. AS 15.07.130(e) is amended to read: 09 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 10 (1) the voter is present at a polling place or at an absentee voting 11 station at a time when the polling place or absentee voting station is operating, for the 12 purpose of casting a vote; 13 (2) the voter applies to the division 14 (A) to obtain an absentee ballot; or
01 (B) for permanent absentee voter status under 02 AS 15.20.085; or 03 (3) in an election conducted by mail under AS 15.20.800, a voter who 04 has not received a ballot by mail makes a timely request to the division for a ballot. 05 * Sec. 3. AS 15.20 is amended by adding a new section to read: 06 Sec. 15.20.085. Permanent absentee voting. (a) A qualified voter may apply 07 to the director for permanent absentee voting status in the same manner as provided 08 for applying for an absentee ballot under AS 15.20.081, except that another individual 09 may not apply for permanent absentee voting status on behalf of a qualified voter. 10 (b) A person may supply a permanent absentee voting application to a voter. 11 However, the provisions of AS 15.20.081(a) that apply to the supplying and 12 submission of an absentee ballot application also apply to the supplying and 13 submission of a permanent absentee voting application. 14 (c) For each state primary, general, and special election, and each other 15 election for which the state has responsibility for the conduct of the election, the 16 director or an election supervisor shall send an absentee ballot to each voter designated 17 as a permanent absentee voter for that election and who is otherwise qualified to vote 18 in that election. The director or election supervisor shall send the ballot to the 19 permanent mailing address set out on the official registration list unless the voter has 20 notified the director or an election supervisor of a different address to which the ballot 21 should be sent. The director or an election supervisor shall send the absentee ballots 22 (1) by first class, nonforwardable mail; 23 (2) not later than the 15th day before the election; and 24 (3) with an accompanying explanation of the absentee voting 25 procedure under AS 15.20.020 and notice that the voter's permanent absentee voting 26 status will be removed if the voter does not vote or appear to vote in a primary, 27 special, or general election for a period of four calendar years. 28 (d) The director shall make available a change of address form for permanent 29 absentee voters. 30 (e) Nothing in this section requires the director or an election supervisor to 31 send an absentee ballot under (c) of this section to a permanent absentee voter after the
01 director or election supervisor receives actual notice that mail sent to the voter's 02 permanent mailing address or a different address provided by a voter under this 03 section is undeliverable to the voter at the address. 04 (f) A permanent absentee voter to whom a ballot is provided under this section 05 may cast the ballot under AS 15.20.081(d) and (e). 06 (g) Ballots voted under this section shall be reviewed under procedures 07 established for the review of absentee ballots under AS 15.20.201 and 15.20.203. 08 (h) Nothing in this section limits a voter's eligibility to vote 09 (1) in person at a precinct under AS 15.15.195 or 15.15.198; 10 (2) in person before an absentee voting official under AS 15.20.061; 11 (3) early under AS 15.20.064; or 12 (4) by electronic transmission under AS 15.20.066. 13 (i) If a voter designated as a permanent absentee voter under this section does 14 not vote or appear to vote in a primary, special, or general election for a period of four 15 calendar years, the director shall remove the voter's permanent absentee voter status. 16 (j) In this section, "appear to vote" has the meaning given in AS 15.07.130(e). 17 * Sec. 4. AS 15.56.030(a) is amended to read: 18 (a) A person commits the crime of unlawful interference with voting in the 19 first degree if the person 20 (1) uses, threatens to use, or causes to be used force, coercion, 21 violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, 22 harm, or loss, upon or against another person to induce or compel that person to vote 23 or refrain from voting in an election; 24 (2) knowingly pays, offers to pay, or causes to be paid money or other 25 valuable thing to a person to vote or refrain from voting in an election; 26 (3) solicits, accepts, or agrees to accept money or other valuable thing 27 with the intent to vote for or refrain from voting for a candidate at an election or for an 28 election proposition or question; 29 (4) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 30 or encouraging or assisting another person to supply to a voter a permanent absentee 31 voting or [AN] absentee ballot application form with a political party or group
01 affiliation indicated if the voter is not already registered as affiliated with that political 02 party or group, and the person has been previously convicted of unlawful interference 03 with voting in the second degree under AS 15.56.035(a)(5); 04 (5) knowingly designs, marks, or encourages or assists another person 05 to design or mark a permanent absentee voting or [AN] absentee ballot application 06 in a manner that suggests choice of one ballot over another as prohibited by 07 AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 08 unlawful interference with voting in the second degree under AS 15.56.035(a)(6); or 09 (6) knowingly submits or encourages or assists another person to 10 submit a permanent absentee voting or [AN] absentee ballot application to an 11 intermediary who could control or delay the submission of the application to the 12 division of elections or who could gather data from the application form as prohibited 13 by AS 15.20.081(a) or 15.20.085(b), and the person has been previously convicted of 14 unlawful interference with voting in the second degree under AS 15.56.035(a)(7). 15 * Sec. 5. AS 15.56.035(a) is amended to read: 16 (a) A person commits the crime of unlawful interference with voting in the 17 second degree if the person 18 (1) has an official ballot in possession outside of the voting room 19 unless the person is an election official or other person authorized by law or local 20 ordinance, or by the director or chief municipal elections official in a local election; 21 (2) makes, or knowingly has in possession, a counterfeit of an official 22 election ballot; 23 (3) knowingly solicits or encourages, directly or indirectly, a registered 24 voter who is no longer qualified to vote under AS 15.05.010[,] to vote in an election; 25 (4) as a registration official 26 (A) knowingly refuses to register a person who is entitled to 27 register under AS 15.07.030; or 28 (B) accepts a fee from an applicant applying for registration; 29 (5) violates AS 15.20.081(a) or 15.20.085(b) by knowingly supplying 30 or encouraging or assisting another person to supply to a voter a permanent absentee 31 voting or [AN] absentee ballot application form with a political party or group
01 affiliation indicated if the voter is not already registered as affiliated with that political 02 party or group; 03 (6) knowingly designs, marks, or encourages or assists another person 04 to design or mark a permanent absentee voting or [AN] absentee ballot application 05 in a manner that suggests choice of one ballot over another as prohibited by 06 AS 15.20.081(a) or 15.20.085(b); or 07 (7) knowingly submits or encourages or assists another person to 08 submit a permanent absentee voting or [AN] absentee ballot application to an 09 intermediary who could control or delay the submission of the application to the 10 division of elections or who could gather data from the application form as prohibited 11 by AS 15.20.081(a) or 15.20.085(b). 12 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 13 read: 14 TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may 15 adopt or amend regulations as necessary to implement the changes made by this Act. The 16 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the 17 effective date of the law implemented by the regulations. 18 * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c). 19 * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2013.