HB 37: "An Act relating to elections; relating to voters; relating to the crime of unlawful interference with voting; and providing for an effective date."
00 HOUSE BILL NO. 37 01 "An Act relating to elections; relating to voters; relating to the crime of unlawful 02 interference with voting; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.05.010 is amended to read: 05 Sec. 15.05.010. Voter qualification. A person may vote at any election who 06 (1) is a citizen of the United States; 07 (2) is 18 years of age or older; 08 (3) has been a resident of the state and of the house district in which 09 the person seeks to vote for at least 30 days just before the election; and 10 (4) has registered [BEFORE THE ELECTION] as required under 11 AS 15.07 and is not registered to vote in another jurisdiction. 12 * Sec. 2. AS 15.07.060(a) is amended to read: 13 (a) Each applicant who requests registration or reregistration shall supply the 14 following information:
01 (1) the applicant's name and sex; 02 (2) if issued, the applicant's State of Alaska driver's license number or 03 State of Alaska identification card number, or the last four digits of the applicant's 04 social security number; 05 (3) the applicant's date of birth; 06 (4) the applicant's Alaska residence address; 07 (5) a statement of whether the applicant has previously been registered 08 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 09 previous registration; 10 (6) a declaration that the applicant will be 18 years of age or older 11 within 90 days after the date of registration; 12 (7) a declaration that the applicant is a citizen of the United States; 13 (8) the date of application; 14 (9) the applicant's signature or mark, or an electronic image of the 15 applicant's signature submitted in the format and according to the process 16 specified by the division in regulation; 17 (10) any former name under which the applicant was registered to vote 18 in the state; 19 (11) an attestation that the information provided by the applicant in (1) 20 - (10) of this subsection is true; [AND] 21 (12) a certification that the applicant understands that a false statement 22 on the application may make the applicant subject to prosecution [FOR A 23 MISDEMEANOR] under this title or for perjury under AS 11; and 24 (13) an acknowledgment of understanding by the applicant that, if 25 the applicant is registered to vote in another jurisdiction, the director will notify 26 the chief elections officer of that jurisdiction that the applicant has registered to 27 vote in this state and request the applicant's voter registration be canceled in that 28 jurisdiction. 29 * Sec. 3. AS 15.07.060 is amended by adding new subsections to read: 30 (g) The division shall provide an applicant the opportunity to designate, from 31 among the written languages in which the division is required to print election
01 materials under 52 U.S.C. 10503, as amended, the language in which the applicant 02 prefers to receive ballots and other election materials printed for an election. The 03 division shall provide the applicant with ballots and election materials in the 04 applicant's designated language unless the applicant designates a language in which 05 the division is not required to print ballots and election materials. The division shall 06 notify an applicant when ballots and election materials printed in the designated 07 language are not available and allow the applicant another opportunity to designate a 08 language under this subsection. The division shall provide an applicant with ballots 09 and election materials in the designated language until the earlier of the date that 10 (1) the applicant's voter registration is inactivated or cancelled; or 11 (2) the division is no longer required under 52 U.S.C. 10503, as 12 amended, to print ballots and election materials in the designated language. 13 (h) An applicant who requests registration within 30 days before an election in 14 which the applicant desires to vote shall provide 15 (1) an affidavit, signed under penalty of perjury and witnessed by an 16 election official, stating whether the applicant established residency at least 30 days 17 before the date of the election in 18 (A) the state; and 19 (B) the house district in which the applicant seeks to vote at the 20 election; and 21 (2) a physical or electronic copy of 22 (A) identification issued by the federal government, the state, a 23 municipality, a tribal government, or a secondary or postsecondary school that 24 displays the applicant's Alaska residence address; or 25 (B) a utility bill, bank statement, paycheck, government check, 26 or other government document dated not more than 60 days before the 27 registration or reregistration and displaying the applicant's name and Alaska 28 residence address. 29 * Sec. 4. AS 15.07.070(c) is amended to read: 30 (c) The names of persons submitting completed registration forms by mail that 31 are postmarked at least 30 days before the next election, or submitting completed
01 registration forms by facsimile or other electronic transmission approved by the 02 director under AS 15.07.050 that are received at least 30 days before the next election, 03 shall be placed on the official registration list for that election. If a registration form 04 received by mail less than 30 days before an election does not have a legible and dated 05 postmark, the name of the person submitting the form shall be placed on the official 06 registration list for that election if the form was signed and dated by the person at least 07 30 days before the election and if the form is received by the director or election 08 supervisor at least 25 days before the election. The name of a person submitting a 09 completed registration form by mail or by facsimile or other electronic transmission 10 that does not meet the applicable requirements of this subsection may not be placed on 11 the official registration list for that election but shall be placed on the master register 12 after that election. A person submitting a completed registration form that does 13 not meet the requirements of this subsection for placement on the master register 14 for the next election but who complies with AS 15.07.060(h) may vote an absentee 15 in-person, special needs, or questioned ballot at that election. 16 * Sec. 5. AS 15.07.070(d) is amended to read: 17 (d) Qualified voters may register in person before a registration official or 18 through a voter registration agency at any time throughout the year. A qualified voter 19 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 20 or on the day of an election may vote only an absentee in-person, special needs, or 21 questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 22 that election. The division may not reject the absentee in-person, special needs, or 23 questioned ballot of a qualified voter who registers within 30 days before or on 24 the day of an election on the grounds that the voter is not on the official 25 registration list for the election. Upon receipt and approval of the registration forms, 26 the director or the election supervisor shall forward to the voter an acknowledgment in 27 the form of a registration card, and the voter's name shall immediately be placed on 28 the master register. Names of persons registering 30 or more days before an election 29 shall be placed on the official registration list for that election. 30 * Sec. 6. AS 15.07.070(h) is amended to read: 31 (h) The director shall design the form of the voter's certificate appearing on
01 the envelope that is used for voting an absentee in-person, special needs, or 02 questioned ballot so that all information required for registration by AS 15.07.060(a) 03 may be obtained from a voter who votes an absentee in-person, special needs, or 04 questioned ballot. The form must include the instruction that a person registering 05 to vote using the voter's certificate who wishes to declare the person's affiliation 06 should complete the affiliation section on the certificate. If the voter voting an 07 absentee in-person, special needs, or questioned ballot has completed all information 08 on the voter registration portion of the absentee in-person, special needs, or 09 questioned ballot voter's certificate, the director shall place the name of the voter on 10 the official registration list. 11 * Sec. 7. AS 15.07.090(b) is amended to read: 12 (b) A voter shall reregister if the voter's registration is cancelled as provided in 13 AS 15.07.130. A person reregistering under this subsection may vote only an 14 absentee in-person, special needs, or questioned ballot until [THE 15 REREGISTRATION IS EFFECTIVE FOR] the next election that occurs at least 30 16 days after the date of reregistration. The division may not reject the absentee in- 17 person, special needs, or questioned ballot of a qualified voter who reregisters 18 within 30 days before or on the day of an election on the grounds that the voter is 19 not on the official registration list for the election. 20 * Sec. 8. AS 15.07.090(c) is amended to read: 21 (c) The director shall transfer the registration of a voter from one precinct to 22 another within a house district when requested by the voter. If a [THE] request is 23 [SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 24 election day, a person transferring registration to a new precinct may vote only 25 an absentee in-person, special needs, or questioned ballot. The division may not 26 reject the absentee in-person, special needs, or questioned ballot of a qualified 27 voter who transfers registration within 30 days before or on the day of an election 28 on the grounds that the voter is not on the official registration list for the election. 29 The director shall transfer the registration of a voter from one house district to another 30 when requested by the voter. The voter must reside in the new house district for at 31 least 30 days in order to vote a ballot for that district.
01 * Sec. 9. AS 15.07.090(d) is amended to read: 02 (d) A person who claims to be a registered voter, but for whom no evidence of 03 registration in the precinct can be found, may vote only an absentee in-person, 04 special needs, or questioned ballot. The division may not reject the absentee in- 05 person, special needs, or questioned ballot of a qualified voter who registers 06 within 30 days before or on the day of an election on the grounds that the voter is 07 not on the official registration list for the election [SHALL BE GRANTED THE 08 RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A QUESTIONED 09 VOTER AND THE BALLOT SHALL BE TREATED IN THE SAME MANNER. 10 THE BALLOT SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" 11 AND SHALL BE SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S 12 REPRESENTATIVE SHALL DETERMINE WHETHER THE VOTER IS 13 REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING THE BALLOT. 14 A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS PROVIDED IN (c) 15 OF THIS SECTION SHALL VOTE A "QUESTIONED BALLOT" IN THE 16 PRECINCT IN WHICH THE VOTER RESIDES]. 17 * Sec. 10. AS 15.07.130(e) is amended to read: 18 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 19 (1) the voter is present at a polling place or at an early [ABSENTEE] 20 voting station designated under AS 15.20.045(b) at a time when the polling place or 21 early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 22 (2) the voter applies to the division to obtain an absentee ballot; or 23 (3) in an election conducted by mail under AS 15.20.800, a voter who 24 has not received a ballot by mail makes a timely request to the division for a ballot. 25 * Sec. 11. AS 15.10.090 is amended to read: 26 Sec. 15.10.090. Notice of precinct boundary or polling place designation 27 and modification. The director shall give full public notice if a precinct is established 28 or abolished, if the boundaries of a precinct are designated, abolished, or modified, or 29 if the location of a polling place is changed. Public notice must include 30 (1) whenever possible, sending two written notices [NOTICE] of the 31 change to each affected registered voter in the precinct;
01 (2) providing notice of the change 02 (A) by publication once in a local newspaper of general 03 circulation in the precinct; or 04 (B) if there is not a local newspaper of general circulation in 05 the precinct, by posting written notice in three conspicuous places as close to 06 the precinct as possible; at least one posting location must be in the precinct; 07 (3) posting notice of the change on the Internet website of the division 08 of elections; 09 (4) providing notification of the change to the appropriate municipal 10 clerks, community councils, tribal groups, Native villages, and village regional 11 corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement 12 Act); and 13 (5) inclusion in the official election pamphlet. 14 * Sec. 12. AS 15.10.170(a) is amended to read: 15 (a) The precinct party committee, where an organized precinct committee 16 exists, or the party district committee where no organized precinct committee exists, 17 or the state party chairperson where neither a precinct nor a party district committee 18 exists, may appoint one or more [PERSONS AS] watchers in each precinct and 19 counting center for any election. A [EACH] candidate may appoint one or more 20 watchers for each precinct or counting center in the candidate's respective district or 21 the state for any election. An [ANY] organization or organized group that sponsors or 22 opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or recall may 23 have one or more [PERSONS AS] watchers at the polls and counting centers after first 24 obtaining authorization from the director. A state party chairperson, a precinct party 25 committee, a party district committee, or a candidate may not have more than one 26 watcher on duty at a time in any precinct or counting center. A watcher must be a 27 United States citizen. The watcher may be present at a position inside the place of 28 voting or counting that affords a full view of all action of the election officials taken 29 from the time the polls are opened until the ballots are finally counted and the results 30 certified by the election board or the data processing review board. The election board 31 or the data processing review board may require each watcher to present written proof
01 showing appointment by the precinct party committee, the party district committee, 02 the organization or organized group, or the candidate the watcher represents and that 03 is signed by the respective chairperson of the precinct party committee, party 04 district committee, state party chairperson, organization or organized group, or 05 candidate. 06 * Sec. 13. AS 15.15.060 is amended by adding a new subsection to read: 07 (f) At each polling place, the division shall provide language assistance as 08 required under 52 U.S.C. 10503 in a manner that enables each voter to participate 09 effectively in the electoral process. An election supervisor shall post at each polling 10 place information regarding the availability of language assistance in English and all 11 other languages for which language assistance is required to be provided in the 12 jurisdiction under federal law. 13 * Sec. 14. AS 15.15.170 is amended to read: 14 Sec. 15.15.170. Prohibition of political persuasion near election polls. (a) 15 During the hours the polls are open, a person who is in the polling place or within 200 16 feet of any entrance to the polling place may not 17 (1) attempt to persuade a person to vote for or against a candidate, 18 proposition, or question; or 19 (2) physically display a photo, video, or other image of the person's 20 or another person's marked ballot in an attempt to persuade a person to vote for 21 or against a candidate, proposition, or question. 22 (b) The election officials shall post warning notices at the required distance in 23 the form and manner prescribed by the director. 24 * Sec. 15. AS 15.15.280 is amended to read: 25 Sec. 15.15.280. Prohibiting the exhibition of marked ballots. A [SUBJECT 26 TO AS 15.15.240 A] voter may not exhibit the voter's ballot to an election official or 27 any other person so as to enable any person to ascertain how the voter marked the 28 ballot. 29 * Sec. 16. AS 15.15.280 is amended by adding a new subsection to read: 30 (b) This section does not apply to a voter who 31 (1) requests assistance under AS 15.15.240; or
01 (2) subject to the prohibition on political persuasion in, or within 200 02 feet of an entrance to, a polling place under AS 15.15.170, shares a photo, video, or 03 other image of the voter's marked ballot with another person or with the public. 04 * Sec. 17. AS 15.15.370 is amended to read: 05 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 06 ballots is completed, and in no event later than the day after the election, the election 07 board shall make a certificate in duplicate of the results. The certificate includes the 08 number of votes cast for each candidate, including, for a candidate in a general 09 election, the number of votes at each round of the ranked-choice tabulation process 10 under AS 15.15.350, the number of votes for and against each proposition, yes or no 11 on each question, and any additional information prescribed by the director. The 12 election board shall, immediately upon completion of the certificate or as soon 13 thereafter as the local mail service permits, send in one sealed package to the director 14 one copy of the certificate and the register. In addition, all ballots properly cast shall 15 be mailed to the director in a separate, sealed package. Both packages, in addition to 16 an address on the outside, shall clearly indicate the precinct from which they come. 17 Each board shall, immediately upon completion of the certification and as soon 18 thereafter as the local mail service permits, send the duplicate certificate to the 19 respective election supervisor. The director may authorize election boards in precincts 20 in those areas of the state where distance and weather make mail communication 21 unreliable to forward their election results by telephone or radio. The director may 22 authorize the unofficial totaling of votes on a regional basis by election supervisors, 23 tallying the votes as indicated on duplicate certificates. If the director publishes 24 unofficial results, the director shall include, for each candidate, the subsequent 25 candidate rankings selected by the voters who ranked that candidate as the 26 voters' first choice. To ensure adequate protection, the director shall prescribe the 27 manner in which the ballots, registers, and all other election records and materials are 28 thereafter preserved, transferred, and destroyed. 29 * Sec. 18. AS 15.15.430(a) is amended to read: 30 (a) The review of ballot counting by the director shall include only 31 (1) a review of the precinct registers, tallies, and ballots cast;
01 (2) a review of absentee and questioned ballots as prescribed by law; 02 and 03 (3) unless the ballot for the house district contains nothing but 04 uncontested offices, a hand count of ballots from one randomly selected precinct in 05 each house district that 06 (A) accounts for at least five percent of the ballots cast in that 07 district; and 08 (B) shows voters' rankings for each candidate on the ballot. 09 * Sec. 19. AS 15.20.020 is amended to read: 10 Sec. 15.20.020. Provision for general administrative supervision. The 11 director shall provide general administrative supervision over the conduct of absentee 12 voting. The director shall make available instructions to absentee voters regarding the 13 procedure for absentee voting and use of the online system for tracking absentee 14 ballots established under AS 15.20.221. 15 * Sec. 20. AS 15.20.030 is amended to read: 16 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 17 director shall provide ballots for use as absentee ballots in all districts. The director 18 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 19 and shall provide a postage-paid return [AN] envelope with the prescribed voter's 20 certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 21 director shall prescribe the form of and prepare the voter's certificate, envelopes, and 22 other material used in absentee voting. The voter's certificate shall include a 23 declaration, for use when required, that the voter is a qualified voter in all respects, a 24 blank for the voter's signature, and a space for recording the date that the voter 25 signed the certificate. An envelope may not identify a voter's party affiliation [, A 26 CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 27 MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 28 FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 29 RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 30 The envelope with the voter's certificate must include a notice that false statements 31 made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the
01 certificate are punishable by law. 02 * Sec. 21. AS 15.20.045(b) is amended to read: 03 (b) The director may designate by regulation [ADOPTED UNDER AS 44.62 04 (ADMINISTRATIVE PROCEDURE ACT)] locations at which early [ABSENTEE] 05 voting stations will be operated for persons to vote absentee ballots on or after the 06 15th day before an election up to and including the date of the election. The director 07 shall supply these [ABSENTEE] voting stations with absentee ballots for all house 08 districts in the state and shall designate absentee voting officials to serve at the 09 [ABSENTEE] voting stations. A designation as an early voting station under this 10 subsection remains in effect unless 11 (1) the location is no longer available for use as an early voting 12 station; or 13 (2) the director determines that the location is no longer 14 appropriate for use as an early voting station and makes that determination 15 available to the public in writing. 16 * Sec. 22. AS 15.20.045(c) is amended to read: 17 (c) In a municipality in which the division will not be operating an early 18 [ABSENTEE] voting station under this section, the director may designate the 19 municipal clerk as an absentee voting official for the limited purpose of distributing 20 absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 21 representatives under AS 15.20.072. At least 15 days before the election, the director 22 shall supply municipal clerks designated under this subsection with absentee ballots. 23 * Sec. 23. AS 15.20.045 is amended by adding a new subsection to read: 24 (d) The director shall appoint one or more registration officials to serve in 25 each early voting station in all elections during the hours the early voting stations are 26 open. An election official appointed under AS 15.10 may also serve as a registration 27 official. 28 * Sec. 24. AS 15.20.050 is amended to read: 29 Sec. 15.20.050. Requirement of full public notice. The director shall give full 30 public notice of the dates and manner of voting absentee and may select any means of 31 communication permitted to be used in giving notice of the date and time of the
01 general election. The director shall give notice under this section of the location of 02 early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 03 days before each election. 04 * Sec. 25. AS 15.20.061(a) is amended to read: 05 (a) A qualified voter may apply in person for an absentee ballot to the 06 following election officials at the times specified: 07 (1) to an absentee voting official on or after the 15th day before an 08 election up to and including the date of the election; 09 (2) to an election supervisor on or after the 15th day before an election 10 up to and including the date of the election; 11 (3) to an absentee voting official at an early [ABSENTEE] voting 12 station designated under AS 15.20.045(b) on or after the 15th day before an election 13 up to and including the date of the election; 14 (4) to an absentee voting official in the precinct in which no volunteers 15 can be located to serve on the election board on or after the 15th day before an election 16 up to and including election day. 17 * Sec. 26. AS 15.20.064(b) is amended to read: 18 (b) The election supervisor or other election official shall issue a ballot to the 19 voter upon 20 (1) exhibition of proof of identification as required in AS 15.15.225; 21 (2) verification that the voter's residence address appearing on the 22 official registration list for that election is current; and 23 (3) the voter's signing the early voting register. 24 * Sec. 27. AS 15.20.064 is amended by adding a new subsection to read: 25 (e) If a voter fails to satisfy the requirements of (b) of this section, the voter 26 shall be allowed to vote an absentee ballot in the manner provided in AS 15.20.061. 27 * Sec. 28. AS 15.20.072(b) is amended to read: 28 (b) The voter may, through a representative, request a special needs ballot 29 from the following election officials at the times specified: 30 (1) from an absentee voting official on or after the 15th day before an 31 election, up to and including election day;
01 (2) from an election supervisor on or after the 15th day before an 02 election up to and including election day; 03 (3) from an absentee voting official at an early [ABSENTEE] voting 04 station designated under AS 15.20.045(b) on or after the 15th day before an election 05 up to and including the date of the election; or 06 (4) from a member of the precinct election board on election day. 07 * Sec. 29. AS 15.20.081(b) is amended to read: 08 (b) An application requesting delivery of an absentee ballot to the applicant by 09 mail must be received by the division of elections not less than 10 days before the 10 election for which the absentee ballot is sought. An application for an absentee ballot 11 for a state election from a qualified voter requesting delivery of an absentee ballot to 12 the applicant by electronic transmission must be received by the division of elections 13 not later than 5:00 p.m. Alaska time on the day before the election for which the 14 absentee ballot is sought. An absentee ballot application submitted by mail under this 15 section must permit the person to register to vote under AS 15.07.070, to declare an 16 affiliation under AS 15.07.075, if any, and to request an absentee ballot for each state 17 election held within that calendar year for which the voter is eligible to vote. An 18 absentee ballot application submitted by electronic transmission under this section 19 must [MAY NOT] include a provision that permits a person to register to vote under 20 AS 15.07.070. 21 * Sec. 30. AS 15.20.081(d) is amended to read: 22 (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 23 PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 24 ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 25 OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 26 OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 27 proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 28 the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 29 envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 30 SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 31 DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS
01 SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 02 SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 03 INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 04 A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 05 THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 06 THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 07 the statements in the voter's certification are true. 08 * Sec. 31. AS 15.20.081 is amended by adding new subsections to read: 09 (m) An absentee ballot application must include an option for a qualified voter 10 to choose to receive absentee ballots by mail for future regularly scheduled state 11 elections. The division may not require a voter who chooses this option to reapply for 12 an absentee ballot by mail unless 13 (1) the voter has not voted an absentee ballot for a period of four years; 14 or 15 (2) the voter's previous absentee ballot sent under this section was 16 returned to the division as undeliverable. 17 (n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 18 election, requests in writing or by other means designated in regulations adopted by 19 the director to receive a ballot in a language other than English in which the division is 20 required to print election materials under 52 U.S.C. 10503, as amended, the director 21 shall provide the voter with a ballot and election materials under this section in the 22 language requested. 23 * Sec. 32. AS 15.20.201(a) is amended to read: 24 (a) Not [NO] less than 10 [SEVEN] days preceding the day of election, the 25 election supervisor, in the presence and with the assistance of the district absentee 26 ballot counting board, shall begin to review all voter certificates and envelopes of 27 absentee ballots received by that date. The review of absentee ballots shall continue at 28 times designated by the election supervisor until completed. An absentee ballot may 29 not be counted until the accompanying voter certificate has been reviewed. 30 * Sec. 33. AS 15.20.203(b) is amended to read: 31 (b) The board shall reject an [AN] absentee ballot [MAY NOT BE
01 COUNTED] if 02 (1) the voter has failed to properly sign [EXECUTE] the certificate; 03 (2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 04 TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 05 CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 06 AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 07 SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 08 VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 09 DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 10 UNDER AS 15.20.061(c); 11 (3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 12 DATE OF THE ELECTION; 13 (4)] the ballot envelope and certificate, if delivered by mail after the 14 day of the election [POSTMARKED], 15 (A) is [NOT] postmarked after [ON OR BEFORE] the date of 16 the election; or 17 (B) has a United States Postal Service tracking barcode or a 18 division of elections ballot tracking barcode verifying that the ballot was 19 mailed after the date of the election; 20 (3) [(5)] after the day of election, the ballot was delivered by a means 21 other than mail; 22 (4) [OR (6)] the voter voted 23 (A) in person and is a 24 (i) first-time voter who initially registered by mail or by 25 facsimile or other electronic transmission approved by the director 26 under AS 15.07.050, has not provided the identification required by 27 AS 15.15.225(a), was not eligible for waiver of the identification 28 requirement under AS 15.15.225(b), and has not provided the 29 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 30 through state agency records described in AS 15.07.055(e); or 31 (ii) voter other than one described in (i) of this
01 subparagraph, did not provide identification described in 02 AS 15.15.225(a), was not personally known by the election official, 03 and has not provided the identifiers required in AS 15.07.060(a)(2) and 04 (3); or 05 (B) by mail or electronic transmission, is a first-time voter who 06 initially registered by mail or by facsimile or other electronic transmission 07 approved by the director under AS 15.07.050 to vote, has not met the 08 identification requirements set out in AS 15.07.060, and does not submit with 09 the ballot a copy of a 10 (i) driver's license, state identification card, current and 11 valid photo identification, birth certificate, passport, or hunting or 12 fishing license; or 13 (ii) current utility bill, bank statement, paycheck, 14 government check, or other government document; an item described 15 in this sub-subparagraph must show the name and current address of 16 the voter; or 17 (5) the voter did not vote absentee in-person and the signature on 18 the certificate is not consistent with the voter's signature in voter registration 19 records. 20 * Sec. 34. AS 15.20.203 is amended by adding a new subsection to read: 21 (k) Except for a voter who voted absentee in-person, the district absentee 22 counting board shall determine whether a voter's signature on the certificate is 23 consistent with the voter's signature in voter registration records using a signature 24 verification process that includes signature comparison software, according to a 25 procedure provided in regulations adopted by the director. An election official may not 26 determine that the signature on a voter's return envelope does not match the signature 27 stored in the voter's registration record solely based on substitution of initials or use of 28 a common nickname. The director shall provide training in signature comparison and 29 the use of signature comparison software to election officials who compare signatures 30 under this section. 31 * Sec. 35. AS 15.20.220(b) is amended to read:
01 (b) The state review board shall review and count absentee ballots under 02 AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 03 questioned ballots that have been forwarded to the director and that have not been 04 reviewed or counted by a district counting board. 05 * Sec. 36. AS 15.20 is amended by adding new sections to read: 06 Sec. 15.20.221. Ballot tracking system. (a) The director shall establish an 07 online ballot tracking system. The director may procure the system from a third party. 08 The system must be designed to allow a voter to easily use the system through a 09 mobile electronic device. The system must allow a voter to 10 (1) confirm that the voter's ballot has been sent by the division; 11 (2) track the date of the ballot's delivery to the voter; 12 (3) confirm the division's receipt of the voter's ballot; 13 (4) determine whether the voter's certificate has been reviewed; 14 (5) determine whether the voter's ballot has been counted; and 15 (6) provide the information necessary to cure a rejected ballot. 16 (b) The online system must indicate to a voter 17 (1) the process by which the voter may cure the lack of signature or 18 verify the voter's identity, if the signature on the voter's ballot was missing or was 19 determined to not match the signature in the voter's registration record under 20 AS 15.20.203(k); and 21 (2) the reason the voter's ballot was not counted, if the ballot was not 22 counted. 23 (c) The division may not charge a voter a fee to use the online system. 24 Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 25 a ballot that is rejected because the voter does not have a signature stored in voter 26 registration records, the certificate is missing a signature, the signature on the 27 certificate is determined under AS 15.20.203 to not match the signature in voter 28 registration records, or the voter provided insufficient voter identification, the director 29 shall immediately make a reasonable effort to contact the voter, explain the ballot 30 deficiency, explain how the deficiency may be cured, and inform the voter of the 31 deadline to cure the ballot. The director shall, within 24 hours, attempt to begin
01 sending notices of deficiency by electronic mail to the voter's electronic mail address 02 if the voter has provided an electronic mail address. If the voter has provided a 03 telephone number, the director shall, within 24 hours, attempt to notify the voter of the 04 deficiency by telephone call and text message. The director shall, within 48 hours and 05 not later than five days after election day, send a notice of deficiency by first class, 06 nonforwardable mail to the address on the voter's registration record. 07 (b) A notice of deficiency must include an explanation of the need for a 08 signature for verification purposes. The notice must include a form for the voter to 09 confirm that the voter returned a ballot to the division, provide a copy of a form of 10 identification accepted by the division under AS 15.15.225(a), and provide a signature 11 for verification. The director shall provide a printed copy of the form with the notice 12 of deficiency mailed to the voter. The director shall also make the form available in a 13 format that can be completed and returned electronically. 14 (c) The rejected ballot of a voter who received a notice of deficiency may be 15 counted only if 16 (1) the voter returns the form sent with the notice of deficiency, the 17 division receives the form within 14 days after election day, and the form confirms 18 that the voter returned a ballot to the division; 19 (2) the voter provides a signature and includes a copy of a form of 20 identification accepted by the division under AS 15.15.225(a); and 21 (3) the ballot is otherwise valid. 22 (d) The director shall, if applicable, send copies of the signature on the voter's 23 return envelope and the signature stored in voter registration records to the attorney 24 general for investigation if the voter returns the form and the form indicates that the 25 voter did not return a ballot to the division. 26 (e) The division shall update the signature stored in voter registration records 27 if the voter, after providing a copy of a form of identification accepted by the division 28 under AS 15.15.225(a), either provides a signature for the voter's missing signature or 29 cures a nonmatching signature under this section. 30 * Sec. 37. AS 15.20.800(a) is amended to read: 31 (a) The director may conduct an election by mail
01 (1) in an unincorporated community with a population of 750 or 02 less if the director determines that, because of an inability to hire election 03 workers, facilitating organized in-person voting in the community is 04 unreasonable; 05 (2) in an area affected or threatened by a disaster while a disaster 06 declaration under AS 26.23.020 is in effect if the governor declares the emergency 07 because of 08 (A) an incident described in AS 26.23.900(2)(A); 09 (B) an outbreak of disease or a credible threat of an 10 imminent outbreak of disease; or 11 (C) an enemy or terrorist attack or a credible threat of an 12 imminent enemy or terrorist attack; or 13 (3) if it is held at a time other than when the general, [PARTY] 14 primary, or municipal election is held. 15 * Sec. 38. AS 15.56.030(d) is amended to read: 16 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 17 (1) includes 18 (A) an entry in a game of chance in which a prize of money or 19 other present or future pecuniary gain or advantage may be awarded to a 20 participant wherein the total of the prizes offered is greater than $2 per 21 participant with a maximum of $100; and 22 (B) government employment or benefits; 23 (2) does not include 24 (A) materials having a nominal value bearing the name, 25 likeness, or other identification of a candidate, political party, political group, 26 party district committee, or organization, or stating a position on a ballot 27 proposition or question; 28 (B) food and refreshments provided incidental to an activity 29 that is nonpartisan in nature and directed at encouraging persons to vote, or 30 incidental to a gathering in support of or in opposition to a candidate, political 31 party, political group, party district committee, organization, or ballot question
01 or proposition; 02 (C) care of the voter's dependents provided in connection with 03 the absence of a voter from home for the purpose of voting; 04 (D) services provided by a person acting as a representative 05 under AS 15.20.072; 06 (E) services provided by an election official as defined in 07 AS 15.80.010; [AND] 08 (F) transportation of a voter to or from the polls without 09 charge; and 10 (G) postage-paid return envelopes required in 11 AS 15.20.030. 12 * Sec. 39. AS 15.56.199(1) is amended to read: 13 (1) "election" includes a local election as defined in AS 15.80.010 in 14 addition to an [A STATE] election conducted by the division; 15 * Sec. 40. AS 15.80 is amended by adding a new section to read: 16 Sec. 15.80.009. Election worker minimum compensation. The division shall 17 pay not less than 18 (1) $15.00 an hour to election board workers for time spent performing 19 their election duties; 20 (2) $15.50 an hour to election board chairs for time spent performing 21 their election duties; 22 (3) $15.00 an hour to district absentee ballot review board members, 23 questioned ballot review board members, and absentee voting officials for time spent 24 performing their election duties; 25 (4) $15.50 an hour to officials at early voting stations for time spent 26 performing their election duties; 27 (5) $15.00 an hour to ballot tabulation coordinators, polling place field 28 workers, individuals appointed as personal representatives, and absentee and 29 questioned ballot processors for time spent performing their election duties; 30 (6) $12.50 an hour to extra election day and election night workers and 31 write-in counting team members for time spent performing their election duties.
01 * Sec. 41. AS 29.20.380(c) is amended to read: 02 (c) The municipal clerk may act as an absentee voting official under 03 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 04 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 05 which the division of elections will not be operating an early [ABSENTEE] voting 06 station under AS 15.20.045(b). 07 * Sec. 42. AS 29.26.050 is amended by adding a new subsection to read: 08 (d) Except as a municipality may require for elections held only in specific 09 local election districts or service areas under (b) of this section, a person who has lived 10 within the municipality for at least 30 days, but who has not registered to vote in state 11 elections at a residence address within the municipality at least 30 days before a 12 municipal election, may vote only an absentee, special needs, or questioned ballot in 13 that election. The municipality may not reject the absentee, special needs, or 14 questioned ballot of a qualified voter who registers within 30 days before or on the day 15 of an election on the grounds that the voter is not on the official registration list for the 16 election. 17 * Sec. 43. AS 15.10.170(b); AS 15.20.203(i), 15.20.203(j); and AS 29.26.050(a)(3) are 18 repealed. 19 * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 REPORT TO THE LEGISLATURE. The division of elections shall provide a report 22 to the legislature by November 1, 2025, recommending options for expanding early voting in 23 rural communities and low-income neighborhoods. The division shall deliver the report to the 24 senate secretary and the chief clerk of the house of representatives and notify the legislature 25 that the report is available. In this section, 26 (1) "low-income neighborhood" means a neighborhood where the median 27 family income is below 80 percent of the statewide median family income; 28 (2) "rural community" means a community with a population of 7,500 or less 29 that is not connected by road or rail to Anchorage or Fairbanks or a community with a 30 population of 3,500 or less that is connected by road or rail to Anchorage or Fairbanks. 31 * Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 APPLICABILITY. AS 15.56.030(d), as amended by sec. 38 of this Act, applies to 03 offenses committed on or after the effective date of sec. 38 of this Act. 04 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 TRANSITION: REGULATIONS. The division of elections may adopt regulations 07 necessary to implement the changes made by this Act. The regulations take effect under 08 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 09 implemented by the regulation. 10 * Sec. 47. Section 46 of this Act takes effect immediately under AS 01.10.070(c). 11 * Sec. 48. Except as provided in sec. 47 of this Act, this Act takes effect January 1, 2024.