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