CSHB 4(JUD): "An Act relating to elections."
00 CS FOR HOUSE BILL NO. 4(JUD) 01 "An Act relating to elections." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 15.10.120(c) is amended to read: 04 (c) An election supervisor shall appoint one nominee of the political party of 05 which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST 06 NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING 07 GUBERNATORIAL ELECTION] and one nominee of the political party that 08 received [OR POLITICAL GROUP WITH] the second largest number of votes 09 statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding 10 gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY 11 APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD 12 POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR 13 UNDECLARED VOTER IF] a party district committee or state party central 14 committee of the party of which the governor is a member [OR GROUP WITH 15 THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received
01 [OR GROUP WITH] the second largest number of votes statewide in [REGISTERED 02 VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the 03 names prescribed by (b) of this section by April 15 of a regular election year or at least 04 60 days before a special [PRIMARY] election, the election supervisor may appoint 05 any qualified individual registered to vote. 06 * Sec. 2. AS 15.10.170 is amended to read: 07 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 08 party committee, where an organized precinct committee exists, or the party district 09 committee where no organized precinct committee exists, or the state party 10 chairperson where neither a precinct nor a party district committee exists, may appoint 11 one or more persons as watchers in each precinct and counting center for any election. 12 Each candidate not representing a political party may appoint one or more watchers 13 for each precinct or counting center in the candidate's respective district or the state for 14 any election. Any organization or organized group that sponsors or opposes an 15 initiative, referendum, or recall may have one or more persons as watchers at the polls 16 and counting centers after first obtaining authorization from the director. A state party 17 chairperson, a precinct party committee, a party district committee, or a candidate not 18 representing a political party or organization or organized group may not have 19 more than one watcher on duty at a time in any precinct or counting center. A watcher 20 must be a United States citizen. The watcher may be present at a position inside the 21 place of voting or counting that affords a full view of all action of the election officials 22 taken from the time the polls are opened until the ballots are finally counted and the 23 results certified by the election board or the data processing review board. The 24 election board or the data processing review board may require each watcher to 25 present written proof showing appointment by the precinct party committee, the party 26 district committee, the organization or organized group, or the candidate the watcher 27 represents that is signed by the chairperson of the precinct party committee, the 28 party district committee, the state party chairperson, the organization or 29 organized group, or the candidate representing no party. 30 (b) In addition to the watchers appointed under (a) of this section, in a primary 31 election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under
01 AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may 02 appoint one watcher in each precinct and counting center. 03 * Sec. 3. AS 15.13.020(b) is amended to read: 04 (b) The governor shall appoint two members of each of the two political 05 parties whose candidate for governor received the highest number of votes in [OR 06 POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED 07 VOTERS AT THE TIME OF] the most recent preceding general election at which a 08 governor was elected. The two appointees from each of these two parties [OR 09 GROUPS] shall be chosen from a list of four names to be submitted by the central 10 committee of each party [OR GROUP]. 11 * Sec. 4. AS 15.13.020(d) is amended to read: 12 (d) Members of the commission serve staggered terms of five years, or until a 13 successor is appointed and qualifies. The terms of no two members who are members 14 of the same political party [OR POLITICAL GROUP] may expire in consecutive 15 years. A member may not serve more than one term. However, a person appointed to 16 fill the unexpired term of a predecessor may be appointed to a successive full five-year 17 term. 18 * Sec. 5. AS 15.13.040(j) is amended to read: 19 (j) Except as provided in (l) of this section, each nongroup entity shall make a 20 full report in accordance with AS 15.13.110 upon a form prescribed by the 21 commission and certified by the nongroup entity's treasurer, listing 22 (1) the name and address of each officer and director of the nongroup 23 entity; 24 (2) the aggregate amount of all contributions made to the nongroup 25 entity for the purpose of influencing the outcome of an election; 26 (3) for all contributions described in (2) of this subsection, the name, 27 address, date, and amount contributed by each contributor, and for all contributions 28 described in (2) of this subsection in excess of $250 in the aggregate during a calendar 29 year, the principal occupation and employer of the contributor [, AND FOR ALL 30 CONTRIBUTIONS DESCRIBED IN (2) OF THIS SUBSECTION IN EXCESS OF 31 $2,000 IN THE AGGREGATE DURING A CALENDAR YEAR, THE TRUE
01 SOURCE OF SUCH CONTRIBUTIONS AND ALL INTERMEDIARIES, IF ANY, 02 WHO TRANSFERRED SUCH FUNDS, AND A CERTIFICATION FROM THE 03 TREASURER THAT THE REPORT DISCLOSES ALL OF THE INFORMATION 04 REQUIRED BY THIS PARAGRAPH]; and 05 (4) the date and amount of all contributions made by the nongroup 06 entity, and, except as provided for certain independent expenditures in 07 AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup 08 entity, for the purpose of influencing the outcome of an election; a nongroup entity 09 shall report contributions made to a different nongroup entity for the purpose of 10 influencing the outcome of an election and expenditures made on behalf of a different 11 nongroup entity for the purpose of influencing the outcome of an election as soon as 12 the total contributions and expenditures to that nongroup entity for the purpose of 13 influencing the outcome of an election reach $500 in a year and for all subsequent 14 contributions and expenditures to that nongroup entity in a year whenever the total 15 contributions and expenditures to that nongroup entity for the purpose of influencing 16 the outcome of an election that have not been reported under this paragraph reach 17 $500. 18 * Sec. 6. AS 15.13.074(b) is amended to read: 19 (b) A person or group may not make a contribution anonymously, using a 20 fictitious name, or using the name of another. [INDIVIDUALS, PERSONS, 21 NONGROUP ENTITIES, OR GROUPS SUBJECT TO AS 15.13.040(r) MAY NOT 22 CONTRIBUTE OR ACCEPT $2,000 OR MORE OF DARK MONEY AS THAT 23 TERM IS DEFINED IN AS 15.13.400(5), AND MAY NOT MAKE A 24 CONTRIBUTION WHILE ACTING AS AN INTERMEDIARY WITHOUT 25 DISCLOSING THE TRUE SOURCE OF THE CONTRIBUTION AS DEFINED IN 26 AS 15.13.400(19).] 27 * Sec. 7. AS 15.13.074(c) is amended to read: 28 (c) A person or group may not make a contribution 29 (1) to a candidate or an individual who files with the commission the 30 document necessary to permit that individual to incur certain election-related expenses 31 as authorized by AS 15.13.100 when the office is to be filled at a general election
01 before the date that is 18 months before the general election; 02 (2) to a candidate or an individual who files with the commission the 03 document necessary to permit that individual to incur certain election-related expenses 04 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 05 municipal election before the date that is 18 months before the date of the regular 06 municipal election or that is before the date of the proclamation of the special election 07 at which the candidate or individual seeks election to public office; or 08 (3) to any candidate later than the 45th day 09 (A) after the date of the primary [OR SPECIAL PRIMARY] 10 election if the candidate was on the ballot and was not nominated [CHOSEN 11 TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at 12 the primary [OR SPECIAL PRIMARY] election; or 13 (B) after the date of the general [OR SPECIAL] election, or 14 after the date of a municipal or municipal runoff election. 15 * Sec. 8. AS 15.13.090(c) is amended to read: 16 (c) To satisfy the requirements of (a)(1) of this section and, if applicable, 17 (a)(2)(C) of this section, a communication that includes a print or video component 18 must have the following statement or statements placed in the communication so as to 19 be easily discernible [, AND, IN A BROADCAST, CABLE, SATELLITE, 20 INTERNET OR OTHER DIGITAL COMMUNICATION, THE STATEMENT 21 MUST REMAIN ONSCREEN THROUGHOUT THE ENTIRETY OF THE 22 COMMUNICATION]; the second statement is not required if the person paying for 23 the communication has no contributors or is a political party: 24 This communication was paid for by (person's name and city and state of 25 principal place of business). The top contributors of (person's name) are (the 26 name and city and state of residence or principal place of business, as 27 applicable, of the largest contributors to the person under 28 AS 15.13.090(a)(2)(C)). 29 * Sec. 9. AS 15.13.110(f) is amended to read: 30 (f) During the year in which the election is scheduled, each of the following 31 shall file the campaign disclosure reports in the manner and at the times required by
01 this section: 02 (1) a person who, under the regulations adopted by the commission to 03 implement AS 15.13.100, indicates an intention to become a candidate for elective 04 state executive or legislative office; 05 (2) a person who has filed a nominating petition under 06 AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective 07 state executive or legislative office; 08 (3) a person who campaigns as a write-in candidate for elective state 09 executive or legislative office at the general election; and 10 (4) [(3)] a group or nongroup entity that receives contributions or 11 makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1) 12 OR (2)] of this subsection, except as provided for certain independent expenditures by 13 nongroup entities in AS 15.13.135(a). 14 * Sec. 10. AS 15.13.110(j) is amended to read: 15 (j) Before the primary election, a candidate seeking nomination by petition 16 under AS 15.25.141 - 15.25.201 [AS 15.25.140 - 15.25.200] for the office of 17 governor, lieutenant governor, state senator, or state representative shall file the 18 reports under (a)(1) and (2) of this section. 19 * Sec. 11. AS 15.13.390(a) is amended to read: 20 (a) A person who 21 [(1)] fails to register when required by AS 15.13.050(a) or who fails to 22 file a properly completed and certified report within the time required by 23 AS 15.13.040, 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a 24 civil penalty of not more than $50 a day for each day the delinquency continues as 25 determined by the commission subject to right of appeal to the superior court. A 26 person who fails to file a properly completed and certified report within the time 27 required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not 28 more than $500 a day for each day the delinquency continues as determined by the 29 commission subject to right of appeal to the superior court. A person who [; 30 (2) WHETHER AS A CONTRIBUTOR OR INTERMEDIARY, 31 DELAYS IN REPORTING A CONTRIBUTION AS REQUIRED BY
01 AS 15.13.040(r) IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN 02 $1,000 A DAY FOR EACH DAY THE DELINQUENCY CONTINUES AS 03 DETERMINED BY THE COMMISSION SUBJECT TO RIGHT OF APPEAL TO 04 THE SUPERIOR COURT; 05 (3) WHETHER AS A CONTRIBUTOR OR INTERMEDIARY, 06 MISREPORTS OR FAILS TO DISCLOSE THE TRUE SOURCE OF A 07 CONTRIBUTION IN VIOLATION OF AS 15.13.040(r) OR 15.13.074(b) IS 08 SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN THE AMOUNT OF 09 THE CONTRIBUTION THAT IS THE SUBJECT OF THE MISREPORTING OR 10 FAILURE TO DISCLOSE; UPON A SHOWING THAT THE VIOLATION WAS 11 INTENTIONAL, A CIVIL PENALTY OF NOT MORE THAN THREE TIMES THE 12 AMOUNT OF THE CONTRIBUTION IN VIOLATION MAY BE IMPOSED; 13 THESE PENALTIES AS DETERMINED BY THE COMMISSION ARE SUBJECT 14 TO RIGHT OF APPEAL TO THE SUPERIOR COURT; 15 (4)] violates a provision of this chapter, except a provision requiring 16 registration or filing of a report within a time required as otherwise specified in 17 this section, is subject to a civil penalty of not more than $50 a day for each day the 18 violation continues as determined by the commission, subject to right of appeal to the 19 superior court. An [; AND 20 (5) IS ASSESSED A CIVIL PENALTY MAY SUBMIT TO THE 21 COMMISSION AN] affidavit stating facts in mitigation may be submitted to the 22 commission by a person against whom a civil penalty is assessed. However [; 23 HOWEVER], the imposition of the penalties prescribed in this section or in 24 AS 15.13.380 does not excuse that person from registering or filing reports required 25 by this chapter. 26 * Sec. 12. AS 15.13.400(4) is amended to read: 27 (4) "contribution" 28 (A) means a purchase, payment, promise or obligation to pay, 29 loan or loan guarantee, deposit or gift of money, goods, or services for which 30 charge is ordinarily made, and includes the payment by a person other than a 31 candidate or political party, or compensation for the personal services of
01 another person, that is rendered to the candidate or political party, and that is 02 made for the purpose of 03 (i) influencing the nomination or election of a 04 candidate; 05 (ii) influencing a ballot proposition or question; or 06 (iii) supporting or opposing an initiative proposal 07 application filed with the lieutenant governor under AS 15.45.020; 08 (B) does not include 09 (i) services provided without compensation by 10 individuals volunteering a portion or all of their time on behalf of a 11 political party, candidate, or ballot proposition or question; 12 (ii) ordinary hospitality in a home; 13 (iii) two or fewer mass mailings before each election by 14 each political party describing the party's slate of candidates for 15 [MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR 16 PUBLIC OFFICE IN THAT] election, which may include photographs, 17 biographies, and information about the party's candidates; 18 (iv) the results of a poll limited to issues and not 19 mentioning any candidate, unless the poll was requested by or designed 20 primarily to benefit the candidate; 21 (v) any communication in the form of a newsletter from 22 a legislator to the legislator's constituents, except a communication 23 expressly advocating the election or defeat of a candidate or a 24 newsletter or material in a newsletter that is clearly only for the private 25 benefit of a legislator or a legislative employee; 26 (vi) a fundraising list provided without compensation 27 by one candidate or political party to a candidate or political party; or 28 (vii) an opportunity to participate in a candidate forum 29 provided to a candidate without compensation to the candidate by 30 another person and for which a candidate is not ordinarily charged; 31 * Sec. 13. AS 15.15.030(5) is amended to read:
01 (5) The names of the candidates and their party designations shall be 02 placed in separate sections on the state general election ballot under the office 03 designation to which they were nominated. The [IF A CANDIDATE IS 04 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL 05 GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of 06 the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS 07 REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT 08 DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE. 09 IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL 10 PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE 11 DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE 12 SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the 13 governor shall be included under the same section. Provision shall be made for voting 14 for write-in and no-party candidates within each section. Paper ballots for the state 15 general election shall be printed on white paper. 16 * Sec. 14. AS 15.15.360(a) is amended to read: 17 (a) The election board shall count ballots according to the following rules: 18 (1) A voter may mark a ballot only by filling in, making "X" marks, 19 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 20 plus signs that are clearly spaced in the oval opposite the name of the candidate, 21 proposition, or question that the voter desires to designate. [IN A GENERAL 22 ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER 23 TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE 24 USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS 25 OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO 26 DESIGNATE.] 27 (2) A failure to properly mark a ballot as to one or more candidates 28 does not itself invalidate the entire ballot. 29 (3) If a voter marks fewer names than there are persons to be 30 elected to the office, a vote shall be counted for each candidate properly marked. 31 (4) If a voter marks more names than there are persons to be elected to
01 the office, the votes for candidates for that office may not be counted. 02 (5) [(4)] The mark specified in (1) of this subsection shall be counted 03 only if it is substantially inside the oval provided, or touching the oval so as to indicate 04 clearly that the voter intended the particular oval to be designated. 05 (6) [(5)] Improper marks on the ballot may not be counted and do not 06 invalidate marks for candidates properly made. 07 (7) [(6)] An erasure or correction invalidates only that section of the 08 ballot in which it appears. 09 (8) [(7)] A vote marked for the candidate for President or Vice- 10 President of the United States is considered and counted as a vote for the election of 11 the presidential electors. 12 [(9) REPEALED 13 (10) REPEALED 14 (11) REPEALED 15 (12) REPEALED] 16 * Sec. 15. AS 15.15.370 is amended to read: 17 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 18 ballots is completed, and in no event later than the day after the election, the election 19 board shall make a certificate in duplicate of the results. The certificate includes the 20 number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A 21 GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE 22 RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE 23 NUMBER OF VOTES] for and against each proposition, yes or no on each question, 24 and any additional information prescribed by the director. The election board shall, 25 immediately upon completion of the certificate or as soon thereafter as the local mail 26 service permits, send in one sealed package to the director one copy of the certificate 27 and the register. In addition, all ballots properly cast shall be mailed to the director in a 28 separate, sealed package. Both packages, in addition to an address on the outside, shall 29 clearly indicate the precinct from which they come. Each board shall, immediately 30 upon completion of the certification and as soon thereafter as the local mail service 31 permits, send the duplicate certificate to the respective election supervisor. The
01 director may authorize election boards in precincts in those areas of the state where 02 distance and weather make mail communication unreliable to forward their election 03 results by telephone or radio. The director may authorize the unofficial totaling of 04 votes on a regional basis by election supervisors, tallying the votes as indicated on 05 duplicate certificates. To ensure adequate protection, the director shall prescribe the 06 manner in which the ballots, registers, and all other election records and materials are 07 thereafter preserved, transferred, and destroyed. 08 * Sec. 16. AS 15.15.450 is amended to read: 09 Sec. 15.15.450. Certification of state ballot counting review. Upon 10 completion of the state ballot counting review, the director shall certify the person 11 receiving the largest number of votes for the office for which that person was a 12 candidate as elected to that office [NOMINATED OR ELECTED, AS 13 APPLICABLE,] and shall certify the approval of a justice or judge not rejected by a 14 majority of the voters voting on the question. The director shall issue to the elected 15 candidates and approved justices and judges a certificate of their election or approval. 16 The director shall also certify the results of a proposition and other question except 17 that the lieutenant governor shall certify the results of an initiative, referendum, or 18 constitutional amendment. 19 * Sec. 17. AS 15.20.081(a) is amended to read: 20 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 21 or other electronic transmission to the director for an absentee ballot under this 22 section. Another individual may apply for an absentee ballot on behalf of a qualified 23 voter if that individual is designated to act on behalf of the voter in a written general 24 power of attorney or a written special power of attorney that authorizes the other 25 individual to apply for an absentee ballot on behalf of the voter. The application must 26 include the address or, if the application requests delivery of an absentee ballot by 27 electronic transmission, the telephone electronic transmission number, to which the 28 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 29 applicant's signature. However, a person residing outside the United States and 30 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 31 not include an Alaska residence address in the application. A person may supply to a
01 voter an absentee ballot application form with a political party or group affiliation 02 indicated only if the voter is already registered as affiliated with the political party or 03 group indicated. Only the voter or the individual designated by the voter in a 04 written power of attorney under this subsection may mark the voter's choice of 05 primary ballot on an application. A person supplying an absentee ballot 06 application form may not design or mark the application in a manner that 07 suggests choice of one ballot over another, except that ballot choices may be listed 08 on an application as authorized by the division. The application must be made on a 09 form prescribed or approved by the director. The voter or registration official shall 10 submit the application directly to the division of elections. For purposes of this 11 subsection, "directly to the division of elections" means that an application may not be 12 submitted to any intermediary that could control or delay the submission of the 13 application to the division or gather data on the applicant from the application form. 14 However, nothing in this subsection is intended to prohibit a voter from giving a 15 completed absentee ballot application to a friend, relative, or associate for transfer to 16 the United States Postal Service or a private commercial delivery service for delivery 17 to the division. 18 * Sec. 18. AS 15.20.081(h) is amended to read: 19 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 20 from outside the United States or from an overseas voter qualifying under 21 AS 15.05.011 that has been marked and mailed not later than election day may not be 22 counted unless the ballot is received by the election supervisor not later than the close 23 of business on the 24 (1) 10th day following a primary election or special [PRIMARY] 25 election under AS 15.40.140; or 26 (2) 15th day following a general election, special runoff election, or 27 special election, other than a special [PRIMARY] election described in (1) of this 28 subsection. 29 * Sec. 19. AS 15.20.190(a) is amended to read: 30 (a) Thirty days before the date of an election, the election supervisors shall 31 appoint, in the same manner provided for the appointment of election officials
01 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 02 ballot counting boards, each composed of at least four members. At least one member 03 of each board must be a member of the same political party of which the governor is 04 a member [OR POLITICAL GROUP WITH THE LARGEST NUMBER OF 05 REGISTERED VOTERS AT THE TIME OF THE PRECEDING 06 GUBERNATORIAL ELECTION], and at least one member of each board must be a 07 member of the political party whose candidate for governor received the second 08 largest number of votes in [OR POLITICAL GROUP WITH THE SECOND 09 LARGEST NUMBER OF REGISTERED VOTERS AT THE TIME OF] the 10 preceding gubernatorial election. The district boards shall assist the election 11 supervisors in counting the absentee and questioned ballots and shall receive the same 12 compensation paid election officials under AS 15.15.380. 13 * Sec. 20. AS 15.20.203(i) is amended to read: 14 (i) The director shall mail the materials described in (h) of this section to the 15 voter not later than 16 (1) 10 days after completion of the review of ballots by the state 17 review board for a primary election or for a special [PRIMARY] election under 18 AS 15.40.140 that is followed by a special runoff election; 19 (2) 60 days after certification of the results of a general election, 20 special runoff election, or special election other than a special [PRIMARY] election 21 described in (1) of this subsection. 22 * Sec. 21. AS 15.20.203(j) is amended to read: 23 (j) The director shall make available through a free access system to each 24 absentee voter a system to check to see whether the voter's ballot was counted and, if 25 not counted, the reason why the ballot was not counted. The director shall make this 26 information available through the free access system not less than 27 (1) 10 days after certification of the results of a primary election, or a 28 special [PRIMARY] election under AS 15.40.140 that is followed by a special 29 runoff election; and 30 (2) 30 days after certification of the results of a general or special 31 election, other than a special [PRIMARY] election described in (1) of this subsection.
01 * Sec. 22. AS 15.20.207(i) is amended to read: 02 (i) The director shall mail the materials described in (h) of this section to the 03 voter not later than 04 (1) 10 days after completion of the review of ballots by the state 05 review board for a primary election, or for a special [PRIMARY] election under 06 AS 15.40.140 that is followed by a special runoff election; 07 (2) 60 days after certification of the results of a general or special 08 election, other than a special [PRIMARY] election described in (1) of this subsection. 09 * Sec. 23. AS 15.20.207(k) is amended to read: 10 (k) The director shall make available through a free access system to each 11 voter voting a questioned ballot a system to check to see whether the voter's ballot was 12 counted and, if not counted, the reason why the ballot was not counted. The director 13 shall make this information available through the free access system not less than 14 (1) 10 days after certification of the results of a primary election, or a 15 special [PRIMARY] election under AS 15.40.140 that is followed by a special 16 runoff election; and 17 (2) 30 days after certification of the results of a general or special 18 election, other than a special [PRIMARY] election described in (1) of this subsection. 19 * Sec. 24. AS 15.20.211(d) is amended to read: 20 (d) The director shall mail the materials described in (c) of this section to the 21 voter not later than 22 (1) 10 days after completion of the review of ballots by the state 23 review board for a primary election, or for a special [PRIMARY] election under 24 AS 15.40.140 that is followed by a special runoff election; 25 (2) 60 days after certification of the results of a general or special 26 election, other than a special [PRIMARY] election described in (1) of this subsection. 27 * Sec. 25. AS 15.20.211(f) is amended to read: 28 (f) The director shall make available through a free access system to each 29 voter whose ballot was subject to partial counting under this section a system to check 30 to see whether the voter's ballot was partially counted and, if not counted, the reason 31 why the ballot was not counted. The director shall make this information available
01 through the free access system not less than 02 (1) 10 days after certification of the results of a primary election, or a 03 special [PRIMARY] election under AS 15.40.140 that is followed by a special 04 runoff election; and 05 (2) 30 days after the certification of the results of a general or special 06 election, other than a special [PRIMARY] election described in (1) of this subsection. 07 * Sec. 26. AS 15.25.010 is amended to read: 08 Sec. 15.25.010. Provision for primary election. Candidates for the elective 09 state executive and state and national legislative offices shall be nominated in a 10 primary election by direct vote of the people in the manner prescribed by this chapter. 11 Unless two or more political parties have jointly requested a combined primary 12 election ballot, the director shall prepare and provide a primary election ballot 13 for each political party. The director shall prepare and provide a combined 14 primary election ballot for two or more parties that have jointly requested a 15 combined primary election ballot. A voter registered as affiliated with a political 16 party may vote that party's ballot, or, a combined primary election ballot if the 17 party's candidates are listed on the combined primary election ballot. A voter 18 registered as nonpartisan or undeclared rather than as affiliated with a 19 particular political party may vote the political party ballot or combined primary 20 election ballot of the voter's choice unless prohibited from doing so under 21 AS 15.25.015. A voter registered as affiliated with a political party may not vote 22 the ballot of a different political party or a combined primary election ballot that 23 only includes candidates of political parties other than the party the voter is 24 registered as affiliated with unless permitted to do so under AS 15.25.015 [THE 25 PRIMARY ELECTION DOES NOT SERVE TO DETERMINE THE NOMINEE OF 26 A POLITICAL PARTY OR POLITICAL GROUP BUT SERVES ONLY TO 27 NARROW THE NUMBER OF CANDIDATES WHOSE NAMES WILL APPEAR 28 ON THE BALLOT AT THE GENERAL ELECTION. EXCEPT AS PROVIDED IN 29 AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE THE 30 GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL ADVANCE TO 31 THE GENERAL ELECTION].
01 * Sec. 27. AS 15.25 is amended by adding a new section to read: 02 Sec. 15.25.015. Participation in primary election selection of a political 03 party's candidates. (a) Not later than 5:00 p.m., Alaska time, on September 1 of the 04 calendar year before the calendar year in which a primary election is to be held, a 05 political party shall submit a notice in writing to the director stating whether the party 06 bylaws expand or limit who may participate in the primary election for selection of the 07 party's candidates for elective state executive and state and national legislative offices 08 and whether the party requests a combined primary election ballot. If the party 09 requests a combined primary election ballot, the party shall request the combined 10 primary election ballot jointly with the other parties requesting the combined primary 11 election ballot. A copy of the party's bylaws expanding or limiting who may 12 participate in the primary election for selection of the party's candidates, 13 documentation required under (b) of this section, and other information required by 14 the director, must be submitted along with the notice. The notice, bylaws, 15 documentation, and other information required by the director shall be provided by the 16 party's chairperson or another party official designated by the party's bylaws. 17 (b) Once a political party timely submits a notice and bylaws under (a) of this 18 section and the director finds that the party has met the requirements of this chapter 19 and other applicable laws, the director shall permit a voter registered as affiliated with 20 another party to vote the party's ballot or a combined primary election ballot that 21 includes the party's candidates if the voter is permitted by the party's bylaws to 22 participate in the selection of the party's candidates and may not permit a voter 23 registered as nonpartisan or undeclared to vote a party's ballot or a combined primary 24 election ballot that includes the party's candidates if the party's bylaws restrict 25 participation by nonpartisan or undeclared voters in the party's primary; however, for a 26 subsequent primary election, the party shall timely submit another notice, bylaws, 27 documentation, and other information under (a) of this section if the party's bylaws 28 regarding who may participate in the primary election for selection of the party's 29 candidates change. 30 * Sec. 28. AS 15.25.030(a) is amended to read: 31 (a) A member of a political party [PERSON] who seeks to become a
01 candidate of the party in the primary election [OR A SPECIAL PRIMARY 02 ELECTION] shall execute and file a declaration of candidacy. The declaration shall be 03 executed under oath before an officer authorized to take acknowledgments and must 04 state in substance 05 (1) the full name of the candidate; 06 (2) the full mailing address of the candidate; 07 (3) if the candidacy is for the office of state senator or state 08 representative, the house or senate district of which the candidate is a resident; 09 (4) the office for which the candidate seeks nomination; 10 (5) the name of the political party of which the person is a candidate 11 for nomination [OR POLITICAL GROUP WITH WHICH THE CANDIDATE IS 12 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 13 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION PLACED 14 AFTER THE CANDIDATE'S NAME ON THE BALLOT]; 15 (6) the full residence address of the candidate, and the date on which 16 residency at that address began; 17 (7) the date of the primary election [OR SPECIAL PRIMARY 18 ELECTION] at which the candidate seeks nomination; 19 (8) the length of residency in the state and in the district of the 20 candidate; 21 (9) that the candidate will meet the specific citizenship requirements of 22 the office for which the person is a candidate; 23 (10) that the candidate is a qualified voter as required by law; 24 (11) that the candidate will meet the specific age requirements of the 25 office for which the person is a candidate; if the candidacy is for the office of state 26 representative, that the candidate will be at least 21 years of age on the first scheduled 27 day of the first regular session of the legislature convened after the election; if the 28 candidacy is for the office of state senator, that the candidate will be at least 25 years 29 of age on the first scheduled day of the first regular session of the legislature convened 30 after the election; if the candidacy is for the office of governor or lieutenant governor, 31 that the candidate will be at least 30 years of age on the first Monday in December
01 following election or, if the office is to be filled by special election under 02 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 03 date of certification of the results of the special election; or, for any other office, by 04 the time that the candidate, if elected, is sworn into office; 05 (12) that the candidate requests that the candidate's name be placed on 06 the primary [ELECTION OR SPECIAL PRIMARY] election ballot; 07 (13) that the required fee accompanies the declaration; 08 (14) that the person is not a candidate for any other office to be voted 09 on at the primary or general election and that the person is not a candidate for this 10 office under any other declaration of candidacy or nominating petition; and 11 (15) the manner in which the candidate wishes the candidate's name to 12 appear on the ballot [; 13 (16) IF THE CANDIDACY IS FOR THE OFFICE OF THE 14 GOVERNOR, THE NAME OF THE CANDIDATE FOR LIEUTENANT 15 GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR GOVERNOR; 16 AND 17 (17) IF THE CANDIDACY IS FOR THE OFFICE OF LIEUTENANT 18 GOVERNOR, THE NAME OF THE CANDIDATE FOR GOVERNOR RUNNING 19 JOINTLY WITH THE CANDIDATE FOR LIEUTENANT GOVERNOR]. 20 * Sec. 29. AS 15.25 is amended by adding a new section to read: 21 Sec. 15.25.057. Nomination by party petition where incumbent dies or is 22 disqualified or incapacitated. (a) If an unopposed incumbent candidate for 23 renomination dies, becomes disqualified from holding the office the candidate is 24 seeking, or is certified as being incapacitated between June 1 of the election year and 25 that date which is more than 54 days before the date of the primary election, the 26 candidate's place on the ballot may be filled by party petition. The petition shall state 27 that the political party requests the name of the proposed candidate replace that of the 28 incumbent on the primary election ballot and shall be accompanied by a declaration of 29 candidacy from the person named in the petition. The petition must be received by the 30 director not later than 14 days after the death, disqualification, or certification of 31 incapacity of the incumbent or 52 days before the primary election date, whichever
01 time is earlier. 02 (b) The method for certifying an incumbent candidate for nomination as being 03 incapacitated, the method for selecting the person who is to be named in the party 04 petition, and the method for placing the name of the person selected on the primary 05 nomination ballot are the same as those prescribed in AS 15.25.111 and 15.25.131 06 relating to filling vacancies of party nominees in a general election. 07 (c) The death, disqualification, or certification of incapacity of the incumbent 08 within 52 days before or on the primary election date does not affect the counting and 09 review of the ballots. If the result of the counting and review discloses that the 10 candidate, if the candidate had lived, would have been nominated, the candidate shall 11 be declared nominated. The vacancy may be filled by party petition as provided in 12 AS 15.25.111 - 15.25.131. 13 * Sec. 30. AS 15.25.060 is repealed and reenacted to read: 14 Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 15 (a) The primary election ballots shall be prepared and distributed by the director in the 16 manner prescribed in this section. Unless two or more political parties have jointly 17 requested a combined primary election ballot, the director shall prepare and provide a 18 primary election ballot for each political party that contains all of the candidates of 19 that party for elective state executive and state and national legislative offices and all 20 of the ballot titles and propositions required to appear on the ballot at the primary 21 election. Upon the joint request of two or more political parties, the director shall 22 prepare and provide a combined primary election ballot for those parties that contains 23 all of the candidates of the parties for elective state executive and state and national 24 legislative offices and all of the ballot titles and propositions required to appear on the 25 ballot at the primary election. The director shall print the ballots on white paper and 26 place the names of all candidates who have properly filed in groups according to 27 offices. The order of the placement of the names for each office shall be as provided 28 for the general election ballot. Blank spaces may not be provided on the ballot for the 29 writing or pasting in of names. The director shall also prepare and print a separate 30 primary election ballot including only the ballot titles and propositions required to 31 appear on the ballot.
01 (b) A voter may vote only one primary election ballot. A voter may vote a 02 political party ballot only if the voter is registered as affiliated with that party, is 03 allowed to participate in the party primary under the party's bylaws, or is registered as 04 nonpartisan or undeclared rather than as affiliated with a particular political party and 05 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 06 the party's primary. A voter may vote a combined primary election ballot only if the 07 voter is registered as affiliated with a party appearing on the ballot, is allowed to 08 participate in the party primary under the parties' bylaws, or is registered as 09 nonpartisan or undeclared rather than as affiliated with a particular political party and 10 the parties' bylaws do not restrict participation by nonpartisan or undeclared voters in 11 the parties' primaries. For the purpose of determining which primary election ballot a 12 voter may use, a voter's party affiliation is considered to be the affiliation registered 13 with the director as of the 30th day before the primary election. If a voter changes 14 party affiliation within the 30 days before the primary election, the voter's previous 15 party affiliation shall be used for the determination under this subsection. 16 (c) If a voter is not voting in person and has requested an absentee ballot or 17 special needs ballot but has not indicated a choice of ballot, the director shall provide 18 the voter with the ballot listing the candidates of the political party or group with 19 which the voter is affiliated, as determined under (b) of this section. 20 * Sec. 31. AS 15.25.100 is repealed and reenacted to read: 21 Sec. 15.25.100. Placement of nominees on general election ballot. The 22 director shall place the name of the candidate receiving the highest number of votes 23 for an office by a political party on the general election ballot. 24 * Sec. 32. AS 15.25.105(a) is amended to read: 25 (a) If a candidate does not appear on the primary election ballot or is not 26 successful in advancing to the general election and wishes to be a candidate in the 27 general election, the candidate may file as a write-in candidate. Votes for a write-in 28 candidate may not be counted unless that candidate has filed a letter of intent with the 29 director stating 30 (1) the full name of the candidate; 31 (2) the full residence address of the candidate and the date on which
01 residency at that address began; 02 (3) the full mailing address of the candidate; 03 (4) the name of the political party or political group of which the 04 candidate is a member, if any [WITH WHICH THE CANDIDATE IS 05 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 06 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION]; 07 (5) if the candidate is for the office of state senator or state 08 representative, the house or senate district of which the candidate is a resident; 09 (6) the office that the candidate seeks; 10 (7) the date of the election at which the candidate seeks election; 11 (8) the length of residency in the state and in the house district of the 12 candidate; 13 (9) the name of the candidate as the candidate wishes it to be written 14 on the ballot by the voter; 15 (10) that the candidate meets the specific citizenship requirements of 16 the office for which the person is a candidate; 17 (11) that the candidate will meet the specific age requirements of the 18 office for which the person is a candidate; if the candidacy is for the office of state 19 representative, that the candidate will be at least 21 years of age on the first scheduled 20 day of the first regular session of the legislature convened after the election; if the 21 candidacy is for the office of state senator, that the candidate will be at least 25 years 22 of age on the first scheduled day of the first regular session of the legislature convened 23 after the election; if the candidacy is for the office of governor or lieutenant governor, 24 that the candidate will be at least 30 years of age on the first Monday in December 25 following election or, if the office is to be filled by special election under 26 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 27 date of certification of the results of the special election; or, for any other office, by 28 the time that the candidate, if elected, is sworn into office; 29 (12) that the candidate is a qualified voter as required by law; and 30 (13) that the candidate is not a candidate for any other office to be 31 voted on at the general election and that the candidate is not a candidate for this office
01 under any other nominating petition or declaration of candidacy. 02 * Sec. 33. AS 15.25.105(b) is amended to read: 03 (b) If a write-in candidate is running for the office of governor, the candidate 04 must file a joint letter of intent together with a candidate for lieutenant governor. Both 05 candidates must be of the same political party or group. 06 * Sec. 34. AS 15.25 is amended by adding new sections to article 1 to read: 07 Sec. 15.25.111. Filling vacancies by party petition. If a candidate of a 08 political party nominated at the primary election dies, withdraws, resigns, becomes 09 disqualified from holding the office for which the candidate is nominated, or is 10 certified as being incapacitated in the manner prescribed by this section after the 11 primary election and 64 days or more before the general election, the vacancy may be 12 filled by party petition. The central committee of any political party or any party 13 district committee may certify as being incapacitated any candidate nominated by their 14 respective party by presenting to the director a sworn statement made by a panel of 15 three licensed physicians, not more than two of whom may be of the same political 16 party, that the candidate is physically or mentally incapacitated to an extent that 17 would, in the panel's judgment, prevent the candidate from active service during the 18 term of office if elected. The director shall place the name of the person nominated by 19 party petition on the general election ballot. The name of a candidate disqualified 20 under this section may not appear on the general election ballot. 21 Sec. 15.25.121. Requirements for party petition. Party petitions for the 22 nomination of candidates shall state in substance that the political party desires and 23 intends to support the named candidate for the named office and requests that the 24 name of the proposed candidate be placed on the general election ballot. The petition 25 may be filed not later than 64 days before the date of the general election. 26 Sec. 15.25.131. Selection of nominees for party petition. The nominees of 27 political parties by party petition may be selected for statewide offices by the state 28 party central committee or in any other manner prescribed by the party bylaws, and the 29 petition for statewide offices shall be signed by the state chairperson of the political 30 party or, in the absence of the state chairperson, by any two members of the state party 31 central committee. The nominees of political parties by party petition may be selected
01 for district-wide offices by the respective party district committee or in any other 02 manner prescribed by the party bylaws, and the petition for district-wide offices shall 03 be signed by the chairperson of the party district committee, or in the absence of the 04 chairperson, by any two members of the party district committee, or in any other 05 manner prescribed by the party bylaws. The petition may be delivered in person or by 06 mail, facsimile, or other reliable electronic transmission. 07 * Sec. 35. AS 15.25 is amended by adding new sections to article 2 to read: 08 Sec. 15.25.141. Provision for no-party candidate nominations. Candidates 09 not representing a political party are nominated by petition. 10 Sec. 15.25.151. Date of filing petition. A candidate seeking nomination by 11 petition shall submit the information required under AS 15.25.181(a)(1) - (8) and (11) 12 - (17) to the director in the time and manner specified in AS 15.25.040. The full 13 petition with voter signatures shall be filed with the director by actual physical 14 delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary 15 election in the year in which a general election is held for the office, or by actual 16 physical delivery to the director by registered or certified mail return receipt requested 17 which is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary 18 election in the year in which a general election is held for the office, and received not 19 more than 15 days after that time. If the postmark is illegible, a dated receipt from the 20 post office where dispatched shall be acceptable as evidence of mailing. 21 Sec. 15.25.161. Required number of signatures for statewide office. 22 Petitions for the nomination of candidates for the office of governor, lieutenant 23 governor, United States senator, and United States representative shall be signed by 24 qualified voters of the state equal in number to at least one percent of the number of 25 voters who cast ballots in the preceding general election. 26 Sec. 15.25.171. Required number of signatures for district-wide office. 27 Petitions for the nomination of candidates for the office of state senator or state 28 representative shall be signed by qualified voters of the house or senate district in 29 which the proposed nominee desires to be a candidate equal in number to at least one 30 percent of the number of voters who cast ballots in the proposed nominee's respective 31 house or senate district in the preceding general election. A nominating petition may
01 not contain fewer than 50 signatures for any district. 02 Sec. 15.25.181. Requirements for petition. (a) The petition must state in 03 substance 04 (1) the full name of the candidate; 05 (2) the full residence address of the candidate and the date on which 06 residency at that address began; 07 (3) the full mailing address of the candidate; 08 (4) the name of the political group, if any, supporting the candidate; 09 (5) if the candidacy is for the office of state senator or state 10 representative, the house or senate district of which the candidate is a resident; 11 (6) the office for which the candidate is nominated; 12 (7) the date of the election at which the candidate seeks election; 13 (8) the length of residency in the state and in the district of the 14 candidate; 15 (9) that the subscribers are qualified voters of the state or house or 16 senate district in which the candidate resides; 17 (10) that the subscribers request that the candidate's name be placed on 18 the general election ballot; 19 (11) that the proposed candidate accepts the nomination and will serve 20 if elected with the statement signed by the proposed candidate; 21 (12) the name of the candidate as the candidate wishes it to appear on 22 the ballot; 23 (13) that the candidate is not a candidate for any other office to be 24 voted on at the primary or general election and that the candidate is not a candidate for 25 this office under any other nominating petition or declaration of candidacy; 26 (14) that the candidate meets the specific citizenship requirements of 27 the office for which the person is a candidate; 28 (15) that the candidate will meet the specific age requirements of the 29 office for which the person is a candidate; if the candidacy is for the office of state 30 representative, that the candidate will be at least 21 years of age on the first scheduled 31 day of the first regular session of the legislature convened after the election; if the
01 candidacy is for the office of state senator, that the candidate will be at least 25 years 02 of age on the first scheduled day of the first regular session of the legislature convened 03 after the election; and if the candidacy is for the office of governor or lieutenant 04 governor, that the candidate will be at least 30 years of age on the first Monday in 05 December following the election or, if the office is to be filled by special election 06 under AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on 07 the date of certification of the results of the special election; or, for any other office, 08 by the time that the candidate, if elected, is sworn into office; 09 (16) that the candidate is a qualified voter; and 10 (17) if the candidacy is for the office of the governor, the name of the 11 candidate for lieutenant governor running jointly with the candidate for governor. 12 (b) A person filing a nominating petition under this section, other than a 13 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 14 simultaneously file with the director a statement of income sources and business 15 interests that complies with the requirements of AS 39.50. A person who is subject to 16 AS 24.60 and is filing a nominating petition for state legislative office shall 17 simultaneously file with the director a disclosure statement that complies with the 18 requirements of AS 24.60.200. 19 (c) An incumbent public official, other than a legislator, who has a current 20 statement of income sources and business interests under AS 39.50 on file with the 21 Alaska Public Offices Commission, or an incumbent legislator who has a current 22 disclosure statement under AS 24.60.200 on file with the Alaska Public Offices 23 Commission, is not required to file a statement of income sources and business 24 interests or a disclosure statement with the nominating petition under (b) of this 25 section. 26 Sec. 15.25.186. Eligibility of candidate. The provisions of AS 15.25.042 and 27 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 28 nomination by petition under AS 15.25.141 - 15.25.201. 29 Sec. 15.25.191. Placement of names on general election ballot. The director 30 shall place the names and the political group affiliation of persons who have been 31 properly nominated by petition on the general election ballot.
01 Sec. 15.25.201. Withdrawal of candidate's name. If a candidate nominated 02 by petition dies or withdraws after the petition has been filed and 64 days or more 03 before the general election, the director may not place the name of the candidate on 04 the general election ballot. 05 * Sec. 36. AS 15.30.010 is amended to read: 06 Sec. 15.30.010. Provision for selection of electors. Electors of President and 07 Vice President of the United States are selected by election at the general election in 08 presidential election years [, IN THE MANNER AND AS DETERMINED BY THE 09 RANKED-CHOICE METHOD OF TABULATING VOTES DESCRIBED IN 10 AS 15.15.350 - 15.15.370]. 11 * Sec. 37. AS 15.40.140 is amended to read: 12 Sec. 15.40.140. Condition of calling [SPECIAL PRIMARY ELECTION 13 AND] special election. When a vacancy occurs in the office of United States senator 14 or United States representative, the governor shall, by proclamation, call a special 15 [PRIMARY] election under AS 15.40.144(a); however, [TO BE HELD ON A DATE 16 NOT LESS THAN 60, NOR MORE THAN 90, DAYS AFTER THE DATE THE 17 VACANCY OCCURS, TO BE FOLLOWED BY A SPECIAL ELECTION ON THE 18 FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS 19 THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION. HOWEVER, IN 20 AN ELECTION YEAR IN WHICH A CANDIDATE FOR THAT OFFICE IS NOT 21 REGULARLY ELECTED,] if the vacancy occurs on a date that is [NOT] less than 60 22 days [, NOR MORE THAN 90,] before or is on or after the date of 23 [(1)] the primary election in the general election year during which 24 a candidate to fill the office is regularly elected, the governor may not call a [, 25 THE] special [PRIMARY] election [SHALL BE HELD ON THE DATE OF THE 26 PRIMARY ELECTION WITH THE SUBSEQUENT SPECIAL ELECTION TO BE 27 HELD ON THE DATE OF THE GENERAL ELECTION; OR 28 (2) THE GENERAL ELECTION, THE SPECIAL PRIMARY 29 ELECTION SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION 30 WITH THE SUBSEQUENT SPECIAL ELECTION TO BE HELD ON THE FIRST 31 TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS THAN
01 60 DAYS AFTER THE SPECIAL PRIMARY AND GENERAL ELECTION]. 02 * Sec. 38. AS 15.40 is amended by adding new sections to read: 03 Sec. 15.40.143. Condition of calling a special runoff election. (a) If no 04 candidate in a special election called under AS 15.40.140 receives over 50 percent of 05 the votes cast for the office, the governor shall, by proclamation, call a special runoff 06 election under AS 15.40.144(b). 07 (b) In a special runoff election called under (a) of this section, the director 08 shall place the names of the candidates receiving the greatest number of votes and the 09 second greatest number of votes in the special election on the special runoff election 10 ballot. 11 Sec. 15.40.144. Time of calling the special election and special runoff 12 election. (a) Except as provided in (c) of this section, if a special election is called 13 under AS 15.40.140, it shall be held on a date not less than 60, nor more than 90, days 14 after the date the vacancy occurs. 15 (b) Except as provided in (c) of this section, a special runoff election under 16 AS 15.40.143 shall be held on the first Tuesday that is not a state holiday occurring 17 not less than 60 days after the special election. 18 (c) In an election year in which a candidate for the vacant office is not 19 regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 20 than 90, days before the date of 21 (1) the primary election, the special election shall be held on the date 22 of the primary election with any subsequent special runoff election under 23 AS 15.40.143 to be held on the date of the general election; or 24 (2) the general election, the special election shall be held on the date of 25 the general election with any subsequent special runoff election under AS 15.40.143 to 26 be held on the first Tuesday that is not a state holiday occurring not less than 60 days 27 after the special and general election. 28 * Sec. 39. AS 15.40 is amended by adding a new section to read: 29 Sec. 15.40.151. Condition for holding special election with primary. If the 30 vacancy occurs on a date not less than 60, nor more than 90, days before the date of 31 the primary election, the governor shall, by proclamation, call the special election to
01 be held on the date of the primary election. 02 * Sec. 40. AS 15.40.160 is amended to read: 03 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 04 [CALLING THE SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at 05 least 50 days before the 06 (1) special [PRIMARY] election; and 07 (2) if a special runoff election is required under AS 15.40.143(a), 08 special runoff election. 09 * Sec. 41. AS 15.40.165 is amended to read: 10 Sec. 15.40.165. Term of elected senator. At the special election, or, as 11 provided by AS 15.40.143, at the special runoff election, a United States senator 12 shall be elected to fill the remainder of the unexpired term. The person elected shall 13 take office on the date the United States Senate meets, convenes, or reconvenes 14 following the certification of the results of the special election or special runoff 15 election by the director. 16 * Sec. 42. AS 15.40.170 is amended to read: 17 Sec. 15.40.170. Term of elected representative. At the special election, or, as 18 provided by AS 15.40.143, at the special runoff election, a United States 19 representative shall be elected to fill the remainder of the unexpired term. The person 20 elected shall take office on the date the United States house of representatives meets, 21 convenes, or reconvenes following the certification of the results of the special 22 election or special runoff election by the director. 23 * Sec. 43. AS 15.40.190 is amended to read: 24 Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions 25 for the nomination of candidates not representing a political party shall be signed 26 by qualified voters of the state equal in number to at least one percent of the 27 number of voters who cast ballots in the preceding general election and shall 28 [MUST BE EXECUTED UNDER OATH,] state in substance that which is required 29 for nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 30 UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 31 AS 15.25.050(a)].
01 * Sec. 44. AS 15.40 is amended by adding new sections to read: 02 Sec. 15.40.201. Requirements of party petition. Petitions for the nomination 03 of candidates of political parties shall state in substance that the party desires and 04 intends to support the named candidate for the office of United States senator or 05 United States representative, as appropriate, at the special election and requests that 06 the name of the candidate nominated be placed on the ballot. 07 Sec. 15.40.211. Selection of party nominees. The nominees of political 08 parties may be selected by the state convention or in any other manner prescribed by 09 the party bylaws, and the petition shall be signed by the chairperson and secretary of 10 the state convention, or if the nominees are selected by the party central committee, 11 the petition shall be signed by the chairperson of the central committee or in any other 12 manner prescribed by the party bylaws. 13 * Sec. 45. AS 15.40.220 is amended to read: 14 Sec. 15.40.220. General provisions for conduct of [THE] special 15 [PRIMARY] election and special runoff election. Unless specifically provided 16 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17 general election shall govern the conduct of the special [PRIMARY] election and the 18 special runoff election of the United States senator or United States representative, 19 including provisions concerning voter qualifications; provisions regarding the duties, 20 powers, rights, and obligations of the director, of other election officials, and of 21 municipalities; provision for notification of the election; provision for payment of 22 election expenses; provisions regarding employees being allowed time from work to 23 vote; provisions for the counting, reviewing, and certification of returns; provisions 24 for running as, voting for, and counting ballots for a write-in candidate; 25 provisions for the determination of the votes and of recounts, contests, and appeal; and 26 provision for absentee voting. 27 * Sec. 46. AS 15.40.230 is amended to read: 28 Sec. 15.40.230. Condition and time of calling [SPECIAL PRIMARY 29 ELECTION AND] special election. When a person appointed to succeed to the 30 office of lieutenant governor succeeds to the office of acting governor, the acting 31 governor shall, by proclamation, call a special [PRIMARY] election to be held on a
01 date not less than 60, nor more than 90, days after the date the vacancy in the office of 02 the governor occurred [AND A SUBSEQUENT SPECIAL ELECTION TO BE HELD 03 ON THE FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING 04 NOT LESS THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION]. 05 However, if the vacancy occurs on a date that is less than 60 days before or is on or 06 after the date of the primary election in years in which a governor is regularly elected, 07 the acting governor shall serve the remainder of the unexpired term and may not call a 08 special election. 09 * Sec. 47. AS 15.40.240 is amended to read: 10 Sec. 15.40.240. Conditions for holding special [PRIMARY ELECTION 11 AND SPECIAL] election with primary or general election. If the vacancy occurs 12 on a date not less than 60, nor more than 90, days before the date of the primary 13 election in years in which a governor is regularly elected [IN AN ELECTION 14 YEAR IN WHICH A GOVERNOR IS NOT REGULARLY ELECTED, THE 15 ACTING GOVERNOR SHALL, BY PROCLAMATION, CALL THE SPECIAL 16 PRIMARY ELECTION TO BE HELD ON THE DATE OF THE PRIMARY 17 ELECTION AND THE SPECIAL ELECTION TO BE HELD ON THE DATE OF 18 THE GENERAL ELECTION,] or [,] if the vacancy occurs on a date not less than 60, 19 nor more than 90, days before the date of the primary election or general election in 20 election years in which a governor is not regularly elected, the acting governor shall, 21 by proclamation, call the special [PRIMARY] election to be held on the date of the 22 primary election or general election [WITH THE SUBSEQUENT SPECIAL 23 ELECTION TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A STATE 24 HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE SPECIAL 25 PRIMARY AND GENERAL ELECTION]. 26 * Sec. 48. AS 15.40.250 is amended to read: 27 Sec. 15.40.250. Proclamation of [SPECIAL PRIMARY ELECTION AND] 28 special election. The acting governor shall issue the proclamation [CALLING THE 29 SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at least 50 days 30 before the [SPECIAL PRIMARY] election. 31 * Sec. 49. AS 15.40.280 is amended to read:
01 Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions 02 for the nomination of candidates not representing a political party shall be signed 03 by qualified voters of the state equal in number to at least one percent of the 04 number of voters who cast ballots in the preceding general election, shall include 05 nominees for the office of governor and lieutenant governor, and shall [MUST BE 06 EXECUTED UNDER OATH,] state in substance that which is required for 07 nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 08 UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 09 AS 15.25.050(a)]. 10 * Sec. 50. AS 15.40 is amended by adding new sections to read: 11 Sec. 15.40.291. Requirements of party petition. Petitions for the nomination 12 of candidates of political parties shall state in substance that the party desires and 13 intends to support the named candidates for the offices of governor and lieutenant 14 governor at the special election and requests that the names of the two candidates 15 nominated be placed on the ballot. 16 Sec. 15.40.301. Selection of party nominees. The nominees of political 17 parties may be selected by state convention or in any other manner prescribed by the 18 party bylaws, and the petition shall be signed by the chairperson and secretary of the 19 state convention, or, if the nominees are selected by the party central committee, the 20 petition shall be signed by the state chairperson of the political party or in any other 21 manner prescribed by the party bylaws. 22 * Sec. 51. AS 15.40.310 is amended to read: 23 Sec. 15.40.310. General provisions for conduct of [THE SPECIAL 24 PRIMARY ELECTION AND] special election. Unless specifically provided 25 otherwise, all provisions regarding the conduct of the [PRIMARY AND] general 26 election shall govern the conduct of the special [PRIMARY ELECTION AND 27 SPECIAL] election of the governor and lieutenant governor, including provisions 28 concerning voter qualifications; provisions regarding the duties, powers, rights, and 29 obligations of the director, of other election officials, and of municipalities; provision 30 for notification of the election; provision for payment of election expenses; provisions 31 regarding employees being allowed time from work to vote; provisions for the
01 counting, reviewing, and certification of returns; provisions for the determination of 02 the votes and of recounts, contests, and appeal; and provision for absentee voting. 03 * Sec. 52. AS 15.40.330 is amended to read: 04 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 05 appointee shall meet the qualifications of a member of the legislature as prescribed in 06 art. II, sec. 2, Constitution of the State of Alaska, [AND, IF THE PREDECESSOR IN 07 OFFICE WAS A MEMBER OF A POLITICAL PARTY OR POLITICAL GROUP 08 AT THE TIME OF THE VACANCY, (1)] shall be a member of the same political 09 party [OR POLITICAL GROUP] as that which nominated the predecessor in office, 10 [;] and [(2)] shall be subject to confirmation by a majority of the members of the 11 legislature who are members of the same political party which nominated [OR 12 POLITICAL GROUP AS] the predecessor in office and of the same house as was the 13 predecessor in office. If the predecessor in office was not nominated by [A 14 MEMBER OF] a political party or [POLITICAL GROUP AT THE TIME OF THE 15 VACANCY, OR,] if no other member of the predecessor's political party [OR 16 POLITICAL GROUP] is a member of the predecessor's house of the legislature, the 17 governor may appoint any qualified person. If the appointee is not a member of a 18 political party [OR POLITICAL GROUP, AS PROVIDED IN (b) OF THIS 19 SECTION], the appointment is not subject to confirmation. If the appointee is a 20 member of a political party [OR POLITICAL GROUP], the appointment is subject to 21 confirmation as provided by [(b) OF] this section for the confirmation of political 22 party [OR POLITICAL GROUP] appointees. 23 (b) A member of a political party [OR POLITICAL GROUP] is a person who 24 supports the political program of a [POLITICAL] party [OR POLITICAL GROUP]. 25 The filing for office of a candidate as an independent or no-party candidate 26 [ABSENCE OF A POLITICAL PARTY OR POLITICAL GROUP DESIGNATION 27 AFTER A CANDIDATE'S NAME ON AN ELECTION BALLOT] does not preclude 28 a candidate from being a member of a political party [OR POLITICAL GROUP]. 29 Recognition of an independent or no-party [A] candidate as a member of a 30 [POLITICAL] party [OR POLITICAL GROUP] caucus of members of the legislature 31 at the legislative session following the election of the independent or no-party
01 candidate is recognition of that person's [POLITICAL] party [OR POLITICAL 02 GROUP] membership at the time filings were made by party candidates for the 03 preceding general election [FOR THE PURPOSES OF CONFIRMATION UNDER 04 THIS SECTION]. 05 * Sec. 53. AS 15.40.380 is amended to read: 06 Sec. 15.40.380. Conditions for part-term senate appointment and special 07 election. If the vacancy is for an unexpired senate term of more than two years and 08 five full calendar months, the governor shall call a special [PRIMARY ELECTION 09 AND A SPECIAL] election by proclamation and the appointment shall expire on the 10 date the state senate first convenes or reconvenes following the certification of the 11 results of the special election by the director. 12 * Sec. 54. AS 15.40.390 is amended to read: 13 Sec. 15.40.390. Date of special [PRIMARY ELECTION AND SPECIAL] 14 election. The special [PRIMARY] election to fill a vacancy in the state senate shall be 15 held on the date of the first general [PRIMARY] election held more than three full 16 calendar months [60 DAYS] after the senate vacancy occurs [, AND THE SPECIAL 17 ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL 18 ELECTION THEREAFTER]. 19 * Sec. 55. AS 15.40.400 is amended to read: 20 Sec. 15.40.400. Proclamation of [SPECIAL PRIMARY ELECTION AND] 21 special election. The governor shall issue the proclamation calling the [SPECIAL 22 PRIMARY ELECTION AND] special election at least 50 days before the [SPECIAL 23 PRIMARY] election. 24 * Sec. 56. AS 15.40.440 is amended to read: 25 Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 26 for the nomination of candidates not representing a political party shall be signed 27 by qualified voters equal in number to at least one percent of the number of 28 voters who cast ballots in the proposed nominee's respective house or senate 29 district in the preceding general election. A nominating petition may not contain 30 fewer than 50 signatures for any district and must [BE EXECUTED UNDER 31 OATH,] state in substance that which is required in petitions for nomination by
01 AS 15.25.181 [A DECLARATION OF CANDIDACY UNDER AS 15.25.030, AND 02 INCLUDE THE FEE REQUIRED UNDER AS 15.25.050(a)]. 03 * Sec. 57. AS 15.40 is amended by adding new sections to read: 04 Sec. 15.40.451. Requirements of petition by political party. Petitions for the 05 nomination of candidates of political parties shall state in substance that the party 06 desires and intends to support the named candidate for the office of state senator at the 07 special election and requests that the name of the candidate be placed on the ballot. 08 Sec. 15.40.461. Selection of political party nominees. The nominees of 09 political parties may be selected by the respective party district committee or by any 10 other manner as provided by the party bylaws, and the petition shall be signed by the 11 chairperson of the party district committee or by any other party official designated by 12 the party bylaws. 13 * Sec. 58. AS 15.40.470 is amended to read: 14 Sec. 15.40.470. General provision for conduct of [THE SPECIAL 15 PRIMARY ELECTION AND] special election. Unless specifically provided 16 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17 general election shall govern the conduct of the special [PRIMARY ELECTION AND 18 SPECIAL] election of state senators, including provisions concerning voter 19 qualifications; provisions regarding the duties, powers, rights, and obligations of the 20 director, of other election officials, and of municipalities; provision for notification of 21 the election; provision for payment of election expenses; provisions regarding 22 employees being allowed time from work to vote; provisions for the counting, 23 reviewing, and certification of returns; provisions for the determination of the votes 24 and of recounts, contests, and appeal; and provision for absentee voting. 25 * Sec. 59. AS 15.45.190 is amended to read: 26 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 27 direct the director to place the ballot title and proposition on the election ballot of the 28 first statewide general, special, special runoff [PRIMARY], or primary election that is 29 held after 30 (1) the petition has been filed; 31 (2) a legislative session has convened and adjourned; and
01 (3) a period of 120 days has expired since the adjournment of the 02 legislative session. 03 * Sec. 60. AS 15.45.420 is amended to read: 04 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 05 direct the director to place the ballot title and proposition on the election ballot for the 06 first statewide general, special, special runoff [PRIMARY], or primary election held 07 more than 180 days after adjournment of the legislative session at which the act was 08 passed. 09 * Sec. 61. AS 15.58.010 is amended to read: 10 Sec. 15.58.010. Election pamphlet. Before each state general election, and 11 before each state primary, special, or special runoff [PRIMARY] election at which a 12 ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 13 prepare, publish, and mail at least one election pamphlet to each household identified 14 from the official registration list. The pamphlet shall be prepared on a regional basis as 15 determined by the lieutenant governor. 16 * Sec. 62. AS 15.58.020(b) is amended to read: 17 (b) Each primary, special, or special runoff [PRIMARY] election pamphlet 18 shall contain only the information specified in (a)(6) and (a)(9) of this section for each 19 ballot measure scheduled to appear on the primary, special, or special runoff 20 [PRIMARY] election ballot. 21 * Sec. 63. AS 15.58.030(b) is amended to read: 22 (b) No [NOT] later than July 22 of a year in which a state general election will 23 be held, an individual who becomes a candidate for the office of United States senator, 24 United States representative, governor, lieutenant governor, state senator, or state 25 representative under AS 15.25.030 or 15.25.181 may file with the lieutenant governor 26 a photograph and a statement advocating the candidacy. An individual who becomes 27 a candidate for the office of United States senator, United States representative, 28 governor, lieutenant governor, state senator, or state representative by party 29 petition filed under AS 15.25.111 may file with the lieutenant governor a 30 photograph and a statement advocating the candidacy within 10 days after 31 becoming a candidate.
01 * Sec. 64. AS 15.80.010(9) is amended to read: 02 (9) "federal election" means a general, special, special runoff 03 [PRIMARY], or primary election held solely or in part for the purpose of selecting, 04 nominating, or electing a candidate for the office of President, Vice-President, 05 presidential elector, United States senator, or United States representative; 06 * Sec. 65. AS 39.50.020(b) is amended to read: 07 (b) A public official or former public official other than an elected or 08 appointed municipal officer shall file the statement with the Alaska Public Offices 09 Commission. Candidates for the office of governor and lieutenant governor and, if the 10 candidate is not subject to AS 24.60, the legislature shall file the statement under 11 AS 15.25.030 or 15.25.181. Municipal officers, former municipal officers, and 12 candidates for elective municipal office shall file with the municipal clerk or other 13 municipal official designated to receive their filing for office. All statements required 14 to be filed under this chapter are public records. 15 * Sec. 66. AS 15.13.040(r), 15.13.070(g), 15.13.090(g), 15.13.110(k), 15.13.400(5), 16 15.13.400(15), 15.13.400(19); AS 15.15.025, 15.15.030(14), 15.15.030(15), 15.15.030(16), 17 15.15.030(17), 15.15.060(e), 15.15.350(c), 15.15.350(d), 15.15.350(e), 15.15.350(f), 18 15.15.350(g); AS 15.58.020(a)(13), 15.58.020(c); AS 15.80.008(a)(2), and 15.80.010(34) are 19 repealed.