SB 167: "An Act relating to elections, voter registration, ballots, and a system of tracking and accounting for ballots; establishing an election offense hotline; relating to election fraud, election interference, and election official misconduct; requiring signature verification, notice, and the opportunity to cure; and providing for an effective date."
00 SENATE BILL NO. 167 01 "An Act relating to elections, voter registration, ballots, and a system of tracking and 02 accounting for ballots; establishing an election offense hotline; relating to election fraud, 03 election interference, and election official misconduct; requiring signature verification, 04 notice, and the opportunity to cure; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 15.07.060(e) is amended to read: 07 (e) For an applicant requesting initial registration by mail, by facsimile or 08 other electronic transmission approved by the director under AS 15.07.050, or 09 requesting registration on [BY COMPLETING] a permanent fund dividend 10 application, the director shall verify the information provided in compliance with 11 (a)(2) and (3) of this section through state agency records described in 12 AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this 13 section because the applicant has not been issued any of the listed numbers, the 14 applicant may instead submit a copy of one of the following forms of identification: a
01 driver's license, state identification card, current and valid photo identification, birth 02 certificate, passport, or hunting or fishing license. 03 * Sec. 2. AS 15.07.070(i) is amended to read: 04 (i) The division shall register voters who request to be registered on 05 [SUBMIT] an application to receive a permanent fund dividend in accordance with (j) 06 - (m) of this section. The division shall treat a permanent fund dividend applicant 07 who requests to be registered and who provides the information required under 08 AS 15.07.060(a)(1) - (4) and (7) - (9) as a new or updated registered voter. 09 * Sec. 3. AS 15.07.070(j) is amended to read: 10 (j) The division shall cooperate with the Department of Revenue under 11 AS 43.23.101 to ensure that the permanent fund dividend application form furnished 12 by the Department of Revenue under AS 43.23.015 allows an applicant, a person who 13 is designated in a power of attorney to act on behalf of an applicant, or a person acting 14 on behalf of a physically disabled applicant to request to be registered and submit 15 voter registration information required under AS 15.07.060(a)(1) - (4) and (7) - (9), 16 and an attestation that such information is true. The director may require proof of 17 identification of the applicant, if not already in the Department of Revenue's 18 possession, as required by regulations adopted by the director under AS 44.62 19 (Administrative Procedure Act). 20 * Sec. 4. AS 15.07.070(k) is amended to read: 21 (k) Upon receipt of the registration information, the director shall, as soon as 22 practicable and in accordance with a schedule established by the director by rule, 23 notify by United States mail and any other means authorized by the director, each 24 applicant who requested voter registration [NOT ALREADY REGISTERED TO 25 VOTE] at the address provided in the applicant's application 26 (1) of the processes to 27 (A) decline to be registered as a voter; 28 (B) maintain an existing voter registration or be newly 29 registered at a valid place of residence not provided in the applicant's 30 application; and 31 (C) adopt a political party affiliation; and
01 (2) that failure to respond to the notification shall constitute the 02 applicant's consent to cancel any registration to vote in another jurisdiction. 03 * Sec. 5. AS 15.07.070(l) is amended to read: 04 (l) If an applicant requested to be registered and does not decline to be 05 registered as a voter within 30 calendar days after the director issues the notification, 06 the application under AS 43.23.015 will constitute a completed registration form. The 07 name of the applicant shall be placed on the master register if the director determines 08 that the person is qualified to vote under AS 15.05.010, and the director shall forward 09 to the applicant a registration card. If registration is denied, the applicant shall 10 immediately be informed in writing that registration was denied and the reason for 11 denial. 12 * Sec. 6. AS 15.07.130 is amended by adding new subsections to read: 13 (g) The division shall adopt regulations to review voter registration records 14 and update the master register. The regulations must include reviews for deceased 15 voters, persons convicted of a felony involving moral turpitude, persons not qualified 16 to vote under AS 15.05, persons registered to vote in another state, whether the 17 number of registered voters on the master register exceeds the number of eligible 18 voters in the state, and voter registration information data breaches. When reviewing 19 voter registration records, the division shall review available records and databases, 20 which may include United States Postal Service forwarding databases, the Electronic 21 Registration Information Center, motor vehicle records, Department of Corrections 22 records, property and sales tax records, Social Security Administration databases, jury 23 duty records, National Change of Address records, and similar records. 24 (h) The division shall, in consultation with an external, nationally recognized 25 subject-matter expert selected by the division, biennially audit the master register. The 26 division shall consider the subject-matter expert's recommendations. By February 1 of 27 each year of a general election, the division shall publish a report describing the most 28 recent biennial audit and expert recommendations, identifying protocols used under 29 (g) of this section, providing election information, including the number of voters on 30 the master register and the total population eligible to vote, and highlighting voting 31 data problems, irregularities, errors, and vulnerabilities identified in the audit. The
01 division shall submit the report to the senate secretary and the chief clerk of the house 02 of representatives and notify the legislature that the report is available on or before the 03 date the report is published. 04 * Sec. 7. AS 15.10 is amended by adding a new section to read: 05 Sec. 15.10.106. Prohibition on private funding. Notwithstanding any other 06 provision of state law, the division may not accept or expend any grants or donations 07 for the administration of elections from private individuals, corporations, or 08 organizations. 09 * Sec. 8. AS 15.10.170 is amended to read: 10 Sec. 15.10.170. Appointment and privileges of watchers. (a) In a general 11 election, special election, or special primary election, a [THE] precinct party 12 committee, where an organized precinct committee exists, or the party district 13 committee where no organized precinct committee exists, or the state party 14 chairperson where neither a precinct nor a party district committee exists, may appoint 15 one or more [PERSONS AS] watchers in each precinct and counting center [FOR 16 ANY ELECTION]. A [EACH] candidate may appoint one or more watchers for each 17 precinct or counting center in the candidate's respective district or the state [FOR 18 ANY ELECTION]. Any organization or organized group that sponsors or opposes an 19 initiative, referendum, or recall may have one or more [PERSONS AS] watchers at the 20 polls and counting centers after first obtaining authorization from the director. A state 21 party chairperson, a precinct party committee, a party district committee, or a 22 candidate may not have more than one watcher on duty at a time in any precinct or 23 counting center. [A WATCHER MUST BE A UNITED STATES CITIZEN. THE 24 WATCHER MAY BE PRESENT AT A POSITION INSIDE THE PLACE OF 25 VOTING OR COUNTING THAT AFFORDS A FULL VIEW OF ALL ACTION OF 26 THE ELECTION OFFICIALS TAKEN FROM THE TIME THE POLLS ARE 27 OPENED UNTIL THE BALLOTS ARE FINALLY COUNTED AND THE 28 RESULTS CERTIFIED BY THE ELECTION BOARD OR THE DATA 29 PROCESSING REVIEW BOARD. THE ELECTION BOARD OR THE DATA 30 PROCESSING REVIEW BOARD MAY REQUIRE EACH WATCHER TO 31 PRESENT WRITTEN PROOF SHOWING APPOINTMENT BY THE PRECINCT
01 PARTY COMMITTEE, THE PARTY DISTRICT COMMITTEE, THE 02 ORGANIZATION OR ORGANIZED GROUP, OR THE CANDIDATE THE 03 WATCHER REPRESENTS.] 04 (b) In [ADDITION TO THE WATCHERS APPOINTED UNDER (a) OF 05 THIS SECTION, IN] a primary election [OR SPECIAL PRIMARY ELECTION OR 06 SPECIAL ELECTION UNDER AS 15.40.140], each candidate may appoint one or 07 more watchers for [WATCHER IN] each precinct and counting center in the 08 candidate's respective district or the state. An organization or organized group 09 that sponsors or opposes a ballot proposition or recall may have one or more 10 watchers at the polls and counting centers after first obtaining authorization 11 from the director. 12 * Sec. 9. AS 15.10.170 is amended by adding a new subsection to read: 13 (c) A watcher appointed under this section may be present at a position inside 14 the place of voting or counting that affords a full view of all action of the election 15 officials taken from the time the polls are opened until the ballots are finally counted 16 and the results certified by the election board or the data processing review board. The 17 election board or the data processing review board may require each watcher to 18 present written proof showing appointment by the respective precinct party committee, 19 party district committee, organization or organized group, or candidate the watcher 20 represents that is signed by the respective chairperson of the precinct party committee, 21 party district committee, state party chairperson, organization or organized group, or 22 candidate. A watcher must be a United States citizen. 23 * Sec. 10. AS 15.15 is amended by adding a new section to read: 24 Sec. 15.15.057. Election offense hotline. The director shall establish a toll- 25 free election offense hotline to receive telephone calls reporting election offenses 26 under this chapter. The director shall publicize the availability of the toll-free hotline 27 and encourage the public to provide information to the division related to voter 28 misconduct or other election offenses under this chapter. 29 * Sec. 11. AS 15.15.240 is amended to read: 30 Sec. 15.15.240. Voter assistance. A qualified voter needing assistance in 31 voting may request an election official, a person, or not more than two persons of the
01 voter's choice to assist. If the election official is requested, the election official shall 02 assist the voter. If any other person is requested, the person shall state upon oath 03 before the election official that the person will not divulge the vote cast by the person 04 assisted. Those providing assistance may not influence the voting decision of the 05 person assisted. 06 * Sec. 12. AS 15.15.350(a) is amended to read: 07 (a) The director shall [MAY] adopt regulations prescribing the manner in 08 which the precinct ballot count is accomplished so as to ensure accuracy in the count 09 and to expedite the process. The election board shall account for all ballots by 10 completing a ballot statement containing (1) the number of official ballots received; 11 (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) 12 the number of official ballots unused and [EITHER DESTROYED OR] returned 13 [FOR DESTRUCTION] to the elections supervisor or the election supervisor's 14 designee. The board shall count the number of questioned ballots and compare that 15 number to the number of questioned voters in the register. Discrepancies shall be 16 noted and the numbers included in the certificate prescribed by AS 15.15.370. The 17 election board, in hand-count precincts, shall count the ballots in a manner that allows 18 watchers to see the ballots when opened and read. A person handling the ballot after it 19 has been taken from the ballot box and before it is placed in the envelope for mailing 20 may not have a marking device in hand or remove a ballot from the immediate vicinity 21 of the polls. 22 * Sec. 13. AS 15.15.430(a) is amended to read: 23 (a) The review of ballot counting by the director shall include only 24 (1) a review of the precinct registers, tallies, and ballots cast; 25 (2) a review of absentee and questioned ballots as prescribed by law; 26 and 27 (3) unless the ballot for the house district contains nothing but 28 uncontested offices, a hand count of ballots from one or more randomly selected 29 precincts [PRECINCT] in each house district that accounts for at least five percent of 30 the ballots cast in that district. 31 * Sec. 14. AS 15.15.470 is amended to read:
01 Sec. 15.15.470. Preservation and destruction of election ballots, papers, 02 and materials. The director shall preserve all precinct election certificates, tallies, 03 election data on an electronic storage device, and registers for 22 months [FOUR 04 YEARS] after the election. All ballots and stubs for elections [OTHER THAN 05 NATIONAL ELECTIONS] may be destroyed 22 months [30 DAYS] after the 06 certification of the state ballot counting review unless an application for recount has 07 been filed and not completed, or unless their destruction is stayed by an order of the 08 court. All ballots for national elections may be destroyed in accordance with federal 09 law, including 52 U.S.C. 20701. The director may permit the inspection of election 10 materials upon call by the Congress, the state legislature, or a court of competent 11 jurisdiction. The original used and unused ballots, absentee ballot certificates and 12 envelopes, and the paper records of electronically generated ballots under 13 AS 15.15.032 must be destroyed at a location designated by the division. The 14 division may designate up to two destruction locations, one in the southcentral 15 region and one in the southeast region of the state. The director or the director's 16 designee shall witness the destruction. The director shall then certify before a 17 notary public that the ballots, absentee ballot certificates and envelopes, and 18 paper records have been destroyed. 19 * Sec. 15. AS 15.20.020 is amended to read: 20 Sec. 15.20.020. Provision for general administrative supervision. The 21 director shall provide general administrative supervision over the conduct of absentee 22 voting. The director shall make available instructions to absentee voters regarding the 23 procedure for absentee voting and the free online system for tracking absentee 24 ballots. 25 * Sec. 16. AS 15.20.030 is amended to read: 26 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 27 director shall provide ballots for use as absentee ballots in all districts. The director 28 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 29 and shall provide a postage-paid return [AN] envelope with the prescribed voter's 30 certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 31 director shall prescribe the form of and prepare the voter's certificate, envelopes, and
01 other material used in absentee voting. The voter's certificate shall include a 02 declaration, for use when required, that the voter is a qualified voter in all respects, a 03 blank for the voter's signature, a certification that the affiant properly executed the 04 marking of the ballot and gave the voter's identity, blanks for the attesting official or 05 witness, and a place for recording the date the envelope was sealed and witnessed. The 06 envelope with the voter's certificate must include a notice that false statements made 07 by the voter or by the attesting official or witness on the certificate are punishable by 08 law. 09 * Sec. 17. AS 15.20.081(b) is amended to read: 10 (b) An application requesting delivery of an absentee ballot to the applicant by 11 mail must be received by the division of elections not less than 10 days before the 12 election for which the absentee ballot is sought. An application for an absentee ballot 13 for a state election from a qualified voter requesting delivery of an absentee ballot to 14 the applicant by electronic transmission must be received by the division of elections 15 not later than 5:00 p.m. Alaska time on the day before the election for which the 16 absentee ballot is sought. An absentee ballot application submitted by mail under this 17 section must permit the person to register to vote under AS 15.07.070 and to request 18 an absentee ballot for each state election held within that calendar year for which the 19 voter is eligible to vote. An absentee ballot application submitted by electronic 20 transmission under this section may not include a provision that permits a person to 21 register to vote under AS 15.07.070. Except as provided in AS 15.20.800, an 22 absentee ballot may not be distributed to a voter who does not specifically 23 request an absentee ballot under this section. 24 * Sec. 18. AS 15.20.081 is amended by adding a new subsection to read: 25 (m) An absentee ballot application must include an option for a qualified voter 26 to choose to receive absentee ballots by mail for future statewide elections for a period 27 of four years. After four years, the division shall provide notification that the voter 28 may reapply to receive absentee ballots by mail for another four years. If the voter's 29 previous absentee ballot sent under this section or any other mail sent by the division 30 is returned as undeliverable, the division shall stop sending the voter absentee ballots. 31 A voter may reapply every four years.
01 * Sec. 19. AS 15.20.201(a) is amended to read: 02 (a) No less than 10 [SEVEN] days preceding the day of election, the election 03 supervisor, in the presence and with the assistance of the district absentee ballot 04 counting board, shall begin to review all voter certificates of absentee ballots received 05 by that date. The review of absentee ballots shall continue at times designated by the 06 election supervisor until completed. An absentee ballot may not be counted until 07 the accompanying voter certificate has been reviewed. 08 * Sec. 20. AS 15.20.203(a) is amended to read: 09 (a) The district absentee ballot counting board shall examine each absentee 10 ballot envelope and shall determine whether the absentee voter is qualified to vote at 11 the election, whether the signature on the certificate is consistent with the voter's 12 signature in voter registration records, and whether the absentee ballot has been 13 properly cast. 14 * Sec. 21. AS 15.20.203(b) is amended to read: 15 (b) An absentee ballot may not be counted if 16 (1) the voter has failed to properly execute the certificate; 17 (2) an official or the witnesses authorized by law to attest the voter's 18 certificate fail to execute the certificate, except that an absentee ballot cast in person 19 and accepted by an absentee voting official or election supervisor may be counted 20 despite failure of the absentee voting official or election supervisor to properly sign 21 and date the voter's certificate as attesting official as required under AS 15.20.061(c); 22 (3) the ballot is not attested on or before the date of the election; 23 (4) the ballot, if postmarked, is not postmarked on or before the date of 24 the election; 25 (5) after the day of election, the ballot was delivered by a means other 26 than mail; [OR] 27 (6) the voter voted 28 (A) in person and is a 29 (i) first-time voter who initially registered by mail or by 30 facsimile or other electronic transmission approved by the director 31 under AS 15.07.050, has not provided the identification required by
01 AS 15.15.225(a), was not eligible for waiver of the identification 02 requirement under AS 15.15.225(b), and has not provided the 03 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 04 through state agency records described in AS 15.07.055(e); or 05 (ii) voter other than one described in (i) of this 06 subparagraph, did not provide identification described in 07 AS 15.15.225(a), was not personally known by the election official, 08 and has not provided the identifiers required in AS 15.07.060(a)(2) and 09 (3); or 10 (B) by mail or electronic transmission, is a first-time voter who 11 initially registered by mail or by facsimile or other electronic transmission 12 approved by the director under AS 15.07.050 to vote, has not met the 13 identification requirements set out in AS 15.07.060, and does not submit with 14 the ballot a copy of a 15 [(i)] driver's license, state identification card, current 16 and valid photo identification, birth certificate, passport, or hunting or 17 fishing license [;OR 18 (ii) CURRENT UTILITY BILL, BANK 19 STATEMENT, PAYCHECK, GOVERNMENT CHECK, OR OTHER 20 GOVERNMENT DOCUMENT; AN ITEM DESCRIBED IN THIS 21 SUB-SUBPARAGRAPH MUST SHOW THE NAME AND 22 CURRENT ADDRESS OF THE VOTER]; or 23 (7) the signature on the certificate is inconsistent with the voter's 24 signature in voter registration records. 25 * Sec. 22. AS 15.20.203 is amended by adding new subsections to read: 26 (k) The district absentee counting board shall determine whether a voter's 27 signature on the certificate is consistent with the voter's signature in voter registration 28 records under (a) of this section using a signature verification process that includes 29 signature comparison software, according to a procedure provided in regulations 30 adopted by the director. 31 * Sec. 23. AS 15.20 is amended by adding a new section to read:
01 Sec. 15.20.221. Ballot tracking system. (a) The director shall establish a free 02 online system, available through the division's Internet website, through which a voter 03 may 04 (1) confirm that the voter's ballot has been sent by the division; 05 (2) track the date of the ballot's delivery to the voter; 06 (3) confirm the division's receipt of the voter's ballot; 07 (4) determine whether the voter's certificate has been reviewed; and 08 (4) determine whether the voter's ballot has been counted. 09 (b) The online system established under (a) of this section must indicate to a 10 voter 11 (1) the process by which the voter may cure the lack of signature or 12 verify the voter's identity, if the signature on the voter's ballot was missing or was 13 determined to not match the signature in the voter's registration record under 14 AS 15.20.203(k); and 15 (2) the reason the voter's ballot was not counted, if the ballot was not 16 counted. 17 (c) The online system established under (a) of this section must allow an 18 election official access to the names and political affiliations of all persons 19 (1) named on the master register, including those persons whose voter 20 registrations are inactivated under AS 15.07.130(b); and 21 (2) whose names must be placed on the official registration list under 22 AS 15.07.070(c) or (d). 23 (d) In establishing the online system under (a) of this section, the director shall 24 ensure that the design of the system allows a voter to access information easily under 25 (a) and (b) of this section through a mobile electronic device. 26 Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 27 a ballot and the voter does not have a signature stored in voter registration records, the 28 certificate is missing a signature, or the signature on the certificate is determined under 29 AS 15.20.203 to not match the signature in voter registration records, the director 30 shall, within 48 hours, but in no event later than two days after election day, send a 31 notification by first class, non-forwardable mail to the address indicated in the voter's
01 registration record and, if provided, by electronic mail to the voter's electronic mail 02 address or by telephone call or text message to the voter's telephone number. 03 (b) The notification provided to the voter under (a) of this section must 04 include an explanation of the need for a signature for verification purposes and 05 provide the voter a form and instructions for the voter to, within the period specified in 06 (c)(1) of this section, 07 (1) confirm that the voter returned a ballot to the division; 08 (2) provide a copy of a form of identification accepted by the division 09 under AS 15.07.060(e); and 10 (3) provide a signature for verification. 11 (c) A voter's ballot that is not counted for a reason set out in (a) of this section 12 may be counted only if 13 (1) the division receives the form sent to the voter under (b) of this 14 section from the voter within 14 days after election day and the form confirms that the 15 voter returned a ballot to the division; 16 (2) the voter provides a signature for verification and includes a copy 17 of a form of identification accepted by the division under AS 15.07.060(e); and 18 (3) the ballot is otherwise valid. 19 (d) A voter's ballot may not be counted and the director shall, if applicable, 20 send copies of the signature on the voter's return envelope and the signature stored in 21 voter registration records to the attorney general for investigation if 22 (1) the voter returns the form received under (b) of this section and the 23 form indicates that the voter did not return a ballot to the division; or 24 (2) the voter does not return the form received under (b) of this section 25 within 14 days after election day. 26 (e) An election official may not determine that the signature on a voter's return 27 envelope does not match the signature stored in the voter's registration record solely 28 based on substitution of initials or use of a common nickname. 29 (f) The director shall provide training in signature comparison and the use of 30 signature comparison software to election officials who compare signatures under this 31 section.
01 (g) The division shall update the signature stored in voter registration records 02 if the voter, after providing a copy of a form of identification accepted by the division 03 under AS 15.07.060(e), either provides a signature for the voter's missing signature or 04 cures a nonmatching signature under this section. 05 * Sec. 24. AS 15.20.900 is amended by adding new subsections to read: 06 (c) The division shall adopt regulations that provide for a routine forensic 07 examination of each precinct tabulator before and after each election. 08 (d) A precinct tabulator may not be connected to the Internet from 24 hours 09 before the polls open on election day until 14 days after the polls close. During this 10 time, all tabulator data must be loaded from the tabulator onto a separate storage 11 device and transmitted from a computer that is not connected to the tabulator. 12 (e) The division shall adopt regulations prescribing strict chain-of-custody 13 protocols for precinct tabulators. 14 * Sec. 25. AS 15.56.035(a) is amended to read: 15 (a) A person commits the crime of unlawful interference with voting in the 16 second degree if the person 17 (1) has an official ballot in possession outside of the voting room 18 unless the person is an election official or other person authorized by law or local 19 ordinance, or by the director or chief municipal elections official in a local election; 20 (2) makes, or knowingly has in possession, a counterfeit of an official 21 election ballot; 22 (3) knowingly solicits or encourages, directly or indirectly, a registered 23 voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 24 (4) as a registration official 25 (A) knowingly refuses to register a person who is entitled to 26 register under AS 15.07.030; or 27 (B) accepts a fee from an applicant applying for registration; 28 (5) violates AS 15.20.081(a) by knowingly supplying or encouraging 29 or assisting another person to supply to a voter an absentee ballot application form 30 with a political party or group affiliation indicated if the voter is not already registered 31 as affiliated with that political party or group;
01 (6) knowingly designs, marks, or encourages or assists another person 02 to design or mark an absentee ballot application in a manner that suggests choice of 03 one ballot over another as prohibited by AS 15.20.081(a); [OR] 04 (7) knowingly submits or encourages or assists another person to 05 submit an absentee ballot application to an intermediary who could control or delay 06 the submission of the application to the division of elections or who could gather data 07 from the application form as prohibited by AS 15.20.081(a); or 08 (8) knowingly possesses a ballot provided to another voter under 09 this title unless the person is 10 (A) a family member of the voter; 11 (B) a caregiver of the voter; or 12 (C) engaged in official duties as an election official or a 13 worker for the United States Postal Service or a private commercial 14 delivery service. 15 * Sec. 26. AS 15.56.060(a) is amended to read: 16 (a) A person commits the crime of unlawful interference with an election if 17 the person 18 (1) induces or attempts to induce an election official to fail in the 19 official's duty by force, threat, intimidation, or offers of reward; 20 (2) intentionally changes, attempts to change, or causes to be changed 21 an official election document including ballots, tallies, and returns; 22 (3) intentionally delays, attempts to delay, or causes to be delayed the 23 sending of the certificate, register, ballots, or other materials whether original or 24 duplicate, required to be sent by AS 15.15.370; [OR] 25 (4) intentionally tampers with, or opens without the express 26 authorization from the director, a sealed absentee ballot certificate, absentee 27 ballot envelope, or package of ballots; 28 (5) intentionally breaches, hacks, alters, or tampers with election 29 machinery, including a tabulator machine, program, system, server, or software 30 used to verify identity, count, tabulate, manage, or control any election function; 31 or
01 (6) is contracted or employed by the state to print or reproduce in any 02 manner an official ballot, and the person knowingly 03 (A) personally appropriates, or gives or delivers to, or permits 04 to be taken by anyone other than a person authorized by the director, official 05 ballots; or 06 (B) prints or reproduces or has printed or reproduced official 07 ballots in a form or with a content other than that prescribed by law or as 08 directed by the director. 09 * Sec. 27. AS 15.56 is amended by adding a new section to read: 10 Sec. 15.56.065. Election fraud. (a) A person commits the crime of election 11 fraud if the person violates AS 15.56.060 and causes the outcome of an election to 12 change. 13 (b) Election fraud is a class B felony. 14 * Sec. 28. AS 15.56.070(a) is amended to read: 15 (a) A person commits the crime of election official misconduct in the first 16 degree if while an election official, the person 17 (1) intentionally fails to perform an election duty or knowingly does an 18 unauthorized act with the intent to affect an election or its results; 19 (2) knowingly permits or makes or attempts to make a false count of 20 election returns; [OR] 21 (3) intentionally conceals, withholds, destroys, or attempts to conceal, 22 withhold, or destroy election returns; or 23 (4) knowingly shares with, discloses, or reports to a person who is 24 not an election official election returns, results, or similar confidential election 25 data before the polls close on election day. 26 * Sec. 29. AS 15.58.020(a) is amended to read: 27 (a) Each general election pamphlet must contain 28 (1) photographs and campaign statements submitted by eligible 29 candidates for elective office in the region; 30 (2) information and recommendations filed under AS 15.58.050 on 31 judicial officers subject to a retention election in the region;
01 (3) a map of the house district or districts of the region; 02 (4) sample ballots for house districts of the region; 03 (5) an absentee ballot application; 04 (6) for each ballot proposition submitted to the voters by initiative or 05 referendum petition or by the legislature, 06 (A) the full text of the proposition specifying constitutional or 07 statutory provisions proposed to be affected; 08 (B) the ballot title and the summary of the proposition prepared 09 by the director or by the lieutenant governor; 10 (C) a statement of the costs to the state of implementing the law 11 proposed in an initiative, or of voter approval or rejection of the act that is the 12 subject of a referendum; 13 (D) a neutral summary of the proposition prepared by the 14 Legislative Affairs Agency; 15 (E) statements submitted that advocate voter approval or 16 rejection of the proposition not to exceed 500 words; 17 (7) for each bond question, a statement of the scope of each project as 18 it appears in the bond authorization; 19 (8) a maximum of two pages of material submitted under 20 AS 15.58.040 by each political party; 21 (9) additional information on voting procedures that the lieutenant 22 governor considers necessary; 23 (10) for the question whether a constitutional convention shall be 24 called, 25 (A) a full statement of the question placed on the ballot; 26 (B) statements not to exceed 500 words that advocate voter 27 approval or rejection of the question; 28 (11) under AS 37.13.170, the Alaska permanent fund annual income 29 statement and balance sheet for the two fiscal years preceding the publication of the 30 election pamphlet; 31 (12) under AS 15.10.090, notice of
01 (A) the establishment or abolition of a precinct; 02 (B) the designation, abolition, or modification of precinct 03 boundaries; and 04 (C) a change in the location of a polling place; 05 (13) the division's election offense hotline phone number; and 06 (14) the following statement written in bold in a conspicuous location: 07 Each candidate may designate the political party or political group that the 08 candidate is registered as affiliated with. A candidate's political party or 09 political group designation on a ballot does not imply that the candidate is 10 nominated or endorsed by the party or political group or that the party or group 11 approves of or associates with that candidate. 12 In each race, you may vote for any candidate listed. If a primary election was 13 held for a state office, United States senator, or United States representative, 14 the four candidates who received the most votes for the office in the primary 15 election advanced to the general election. However, if one of the four 16 candidates who received the most votes for an office at the primary election 17 died, withdrew, resigned, was disqualified, or was certified as incapacitated 64 18 days or more before the general election, the candidate who received the fifth 19 most votes for the office advanced to the general election. 20 At the general election, each candidate will be selected through a ranked- 21 choice voting process and the candidate with the greatest number of votes will 22 be elected. For a general election, you must rank the candidates in the 23 numerical order of your preference, ranking as many candidates as you wish. 24 Your second, third, and subsequent ranked choices will be counted only if the 25 candidate you ranked first does not receive enough votes to continue on to the 26 next round of counting, so ranking a second, third, or subsequent choice will 27 not hurt your first-choice candidate. Your ballot will be counted regardless of 28 whether you choose to rank one, two, or more candidates for each office, but it 29 will not be counted if you assign the same ranking to more than one candidate 30 for the same office. 31 * Sec. 30. AS 18.65.240(a) is amended to read:
01 (a) A person may not be appointed as a police officer, except on a 02 probationary basis, unless the person (1) has satisfactorily completed a basic program 03 of police training approved by the council, which includes at least 12 hours of 04 instruction regarding domestic violence, as that term is defined in AS 18.66.990, 05 [AND] at least 12 hours of instruction regarding sexual assault, as that term is 06 [THOSE TERMS ARE] defined in AS 18.66.990, and at least four hours of 07 instruction in detecting and investigating election offenses; and (2) possesses other 08 qualifications the council has established for the employment of police officers, 09 including minimum age, education, physical and mental standards, citizenship, moral 10 character, and experience. The council shall prescribe the means of presenting 11 evidence of fulfillment of these requirements. 12 * Sec. 31. AS 43.23.015(b) is amended to read: 13 (b) The department shall prescribe and furnish an application form for 14 claiming a permanent fund dividend. The application must include 15 (1) notice of the penalties provided for under AS 43.23.270; 16 (2) a statement of eligibility and a certification of residency; 17 (3) the means for an applicant eligible to vote under AS 15.05, or a 18 person authorized to act on behalf of the applicant, to request the applicant be 19 registered to vote and furnish information required by AS 15.07.060(a)(1) - (4) and 20 (7) - (9), and an attestation that such information is true. 21 * Sec. 32. AS 43.23.101 is amended to read: 22 Sec. 43.23.101. Voter registration. The commissioner shall establish by rule a 23 schedule by which the commissioner will provide, and shall provide as soon as is 24 practicable the director of elections with 25 (1) electronic records from the permanent fund dividend applications 26 of the information required by AS 15.07.060(a)(1) - (4) and (7) - (9), and the 27 attestation that such information is true, for each permanent fund dividend applicant 28 who requested to be registered to vote and is 29 (A) [IS] a citizen of the United States; and 30 (B) [IS] at least 18 years of age or will be within 90 days of the 31 date of the application; and
01 (2) the mailing addresses for all permanent fund dividend applicants. 02 * Sec. 33. AS 15.15.225(a)(2); AS 15.20.081(f)(2), 15.20.203(j), 15.20.207(k), and 03 15.20.211(f) are repealed. 04 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. AS 15.56.035(a), as amended by sec. 25 of this Act, 07 AS 15.56.060(a), as amended by sec. 26 of this Act, AS 15.56.065, enacted by sec. 27 of this 08 Act, and AS 15.56.070(a), as amended by sec. 28 of this Act, apply to offenses committed on 09 or after the effective date of secs. 25 - 28 of this Act. 10 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: REGULATIONS. The director of elections may adopt regulations to 13 implement the changes made by this Act. The regulations take effect under AS 44.62 14 (Administrative Procedure Act), but not before the effective date of the law implemented by 15 the regulations. 16 * Sec. 36. Sections 20 - 24 of this Act take effect July 1, 2022. 17 * Sec. 37. Section 35 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 38. Except as provided in secs. 36 and 37 of this Act, this Act takes effect April 1, 19 2022.