SB 138: "An Act relating to elections; relating to voters; relating to voting; relating to the crime of unlawful interference with voting in the first degree; relating to campaign signs; relating to the reporting of financial and business interests by certain municipal officers and former officers and candidates for municipal office; relating to the Redistricting Board; and providing for an effective date."
00 SENATE BILL NO. 138 01 "An Act relating to elections; relating to voters; relating to voting; relating to the crime 02 of unlawful interference with voting in the first degree; relating to campaign signs; 03 relating to the reporting of financial and business interests by certain municipal officers 04 and former officers and candidates for municipal office; relating to the Redistricting 05 Board; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 15.05.010 is amended to read: 08 Sec. 15.05.010. Voter qualification. A person may vote at any election who 09 (1) is a citizen of the United States; 10 (2) is 18 years of age or older; 11 (3) has been a resident of the state and of the house district in which 12 the person seeks to vote for at least 30 days just before the election; and 13 (4) has registered [BEFORE THE ELECTION] as required under
01 AS 15.07 and is not registered to vote in another jurisdiction. 02 * Sec. 2. AS 15.05.020 is amended to read: 03 Sec. 15.05.020. Rules for determining residence of voter. For the purpose of 04 determining residence for voting, the place of residence is governed by the following 05 rules: 06 (1) A person may not be considered to have gained a residence solely 07 by reason of presence nor may a person lose it solely by reason of absence while in the 08 civil or military service of this state or of the United States or of absence because of 09 marriage to a person engaged in the civil or military service of this state or the United 10 States, while a student at an institution of learning, while in an institution or asylum at 11 public expense, while confined in public prison, while engaged in the navigation of 12 waters of this state or the United States or of the high seas, while residing upon an 13 Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 14 Alaska Veterans' Home. 15 (2) The residence of a person is that place in which the person's 16 physical habitation is fixed, and to which, whenever absent, the person has a definite, 17 articulable, and reasonable plan [THE INTENTION] to return. If a person resides in 18 one place, but does business in another, the former is the person's place of residence. 19 Temporary work sites do not constitute a dwelling place. 20 (3) A change of residence is made only by the act of removal joined 21 with the intent to remain in another place. There can only be one residence. 22 (4) A person does not lose residence if the person leaves home and 23 goes to another country, state, or place in this state for temporary purposes only and 24 with the intent of returning to the person's residence. 25 (5) A person does not gain residence in any place to which the person 26 comes without the present intention to establish a permanent dwelling at that place. 27 (6) A person loses residence in this state if the person establishes 28 residence in another state or votes in another state's election, either in person or by 29 absentee ballot, and will not be eligible to vote in this state until again qualifying 30 under AS 15.05.010. 31 (7) The term of residence is computed by including the day on which
01 the person's residence begins and excluding the day of election. 02 (8) The address of a voter as it appears on the official voter registration 03 record is presumptive evidence of the person's voting residence. This presumption is 04 negated [ONLY] if the voter notifies the director in writing of a change of voting 05 residence. A person challenging a voter's residence may rebut the presumption by 06 providing evidence to the division that the voter has established residence in 07 another state or place in this state or evidence that the voter is not a resident 08 under (2) - (7) of this section. 09 * Sec. 3. AS 15.07.060(a) is amended to read: 10 (a) Each applicant who requests registration or reregistration shall supply the 11 following information: 12 (1) the applicant's name and sex; 13 (2) if issued, the applicant's State of Alaska driver's license number or 14 State of Alaska identification card number, or the last four digits of the applicant's 15 social security number; 16 (3) the applicant's date of birth; 17 (4) the applicant's Alaska residence address; 18 (5) a statement of whether the applicant has previously been registered 19 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 20 previous registration; 21 (6) a declaration that the applicant will be 18 years of age or older 22 within 90 days after the date of registration; 23 (7) a declaration that the applicant is a citizen of the United States; 24 (8) the date of application; 25 (9) the applicant's signature or mark, or an electronic image of the 26 applicant's signature submitted in the format and according to the process 27 specified by the division in regulation; 28 (10) any former name under which the applicant was registered to vote 29 in the state; 30 (11) an attestation that the information provided by the applicant in (1) 31 - (10) of this subsection is true; [AND]
01 (12) a certification that the applicant understands that a false statement 02 on the application may make the applicant subject to prosecution [FOR A 03 MISDEMEANOR] under this title or for perjury under AS 11; and 04 (13) an acknowledgment of understanding by the applicant that, if 05 the applicant is registered to vote in another jurisdiction, the director will notify 06 the chief elections officer of that jurisdiction that the applicant has registered to 07 vote in this state and request that the applicant's voter registration be canceled in 08 that jurisdiction. 09 * Sec. 4. AS 15.07.060 is amended by adding new subsections to read: 10 (g) The division shall provide an applicant the opportunity to designate, from 11 among the written languages in which the division is required to print election 12 materials under 52 U.S.C. 10503, as amended, the language in which the applicant 13 prefers to receive ballots and other election materials printed for an election. The 14 division shall provide the applicant with ballots and election materials in the 15 applicant's designated language unless the applicant designates a language in which 16 the division is not required to print ballots and election materials. The division shall 17 notify an applicant when ballots and election materials printed in the designated 18 language are not available and allow the applicant another opportunity to designate a 19 language under this subsection. The division shall provide an applicant with ballots 20 and election materials in the designated language until the earlier of the date that 21 (1) the applicant's voter registration is inactivated or cancelled; or 22 (2) the division is no longer required under 52 U.S.C. 10503, as 23 amended, to print ballots and election materials in the designated language. 24 (h) An applicant who requests registration within 30 days before an election 25 shall supply a declaration stating whether the applicant established residency at least 26 30 days before the date of the election in 27 (1) the state; 28 (2) the house district in which the applicant seeks to vote at the 29 election. 30 * Sec. 5. AS 15.07.070(c) is amended to read: 31 (c) The names of persons submitting completed registration forms by mail that
01 are postmarked at least 30 days before the next election, or submitting completed 02 registration forms by facsimile or other electronic transmission approved by the 03 director under AS 15.07.050 that are received at least 30 days before the next election, 04 shall be placed on the official registration list for that election. If a registration form 05 received by mail less than 30 days before an election does not have a legible and dated 06 postmark, the name of the person submitting the form shall be placed on the official 07 registration list for that election if the form was signed and dated by the person at least 08 30 days before the election and if the form is received by the director or election 09 supervisor at least 25 days before the election. The name of a person submitting a 10 completed registration form by mail or by facsimile or other electronic transmission 11 that does not meet the applicable requirements of this subsection may not be placed on 12 the official registration list for that election but shall be placed on the master register 13 after that election. A person submitting a completed registration form that does 14 not meet the requirements of this subsection for placement on the master register 15 for the next election but who complies with AS 15.07.060(h) may vote an 16 absentee, special needs, or questioned ballot at that election. 17 * Sec. 6. AS 15.07.070(d) is amended to read: 18 (d) Qualified voters may register in person before a registration official or 19 through a voter registration agency at any time throughout the year. A qualified voter 20 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 21 or on the day of an election may vote only an absentee, special needs, or 22 questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 23 that election. The division may not reject the absentee, special needs, or 24 questioned ballot of a qualified voter who registers within 30 days before or on 25 the day of an election on the grounds that the voter is not on the official 26 registration list for the election. Upon receipt and approval of the registration forms, 27 the director or the election supervisor shall forward to the voter an acknowledgment in 28 the form of a registration card, and the voter's name shall immediately be placed on 29 the master register. Names of persons registering 30 or more days before an election 30 shall be placed on the official registration list for that election. 31 * Sec. 7. AS 15.07.090(b) is amended to read:
01 (b) A voter shall reregister if the voter's registration is cancelled as provided in 02 AS 15.07.130. A person reregistering under this subsection may vote only an 03 absentee, special needs, or questioned ballot until [THE REREGISTRATION IS 04 EFFECTIVE FOR] the next election that occurs at least 30 days after the date of 05 reregistration. The division may not reject the absentee, special needs, or 06 questioned ballot of a qualified voter who reregisters within 30 days before or on 07 the day of an election on the grounds that the voter is not on the official 08 registration list for the election. 09 * Sec. 8. AS 15.07.090(c) is amended to read: 10 (c) The director shall transfer the registration of a voter from one precinct to 11 another within a house district when requested by the voter. If a [THE] request is 12 [SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 13 election day, a person transferring registration to a new precinct may vote only 14 an absentee, special needs, or questioned ballot. The division may not reject the 15 absentee, special needs, or questioned ballot of a qualified voter who transfers 16 registration within 30 days before or on the day of an election on the grounds 17 that the voter is not on the official registration list for the election. The director 18 shall transfer the registration of a voter from one house district to another when 19 requested by the voter. The voter must reside in the new house district for at least 30 20 days in order to vote a ballot for that district. 21 * Sec. 9. AS 15.07.090(d) is amended to read: 22 (d) A person who claims to be a registered voter, but for whom no evidence of 23 registration in the precinct can be found, may vote only an absentee, special needs, 24 or questioned ballot. The division may not reject the absentee, special needs, or 25 questioned ballot of a qualified voter who registers within 30 days before or on 26 the day of an election on the grounds that the voter is not on the official 27 registration list for the election [SHALL BE GRANTED THE RIGHT TO VOTE 28 IN THE SAME MANNER AS THAT OF A QUESTIONED VOTER AND THE 29 BALLOT SHALL BE TREATED IN THE SAME MANNER. THE BALLOT 30 SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" AND SHALL BE 31 SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE
01 SHALL DETERMINE WHETHER THE VOTER IS REGISTERED IN THE HOUSE 02 DISTRICT BEFORE COUNTING THE BALLOT. A VOTER WHO HAS FAILED 03 TO OBTAIN A TRANSFER AS PROVIDED IN (c) OF THIS SECTION SHALL 04 VOTE A "QUESTIONED BALLOT" IN THE PRECINCT IN WHICH THE VOTER 05 RESIDES]. 06 * Sec. 10. AS 15.07 is amended by adding a new section to read: 07 Sec. 15.07.133. Process to cancel registration. The director shall develop a 08 process to allow a voter to cancel the voter's registration in person before an election 09 official or electronically. The director shall prominently display instructions at each 10 polling place and on the division's Internet website for a voter to cancel the voter's 11 registration. 12 * Sec. 11. AS 15.10.170(a) is amended to read: 13 (a) The precinct party committee, where an organized precinct committee 14 exists, or the party district committee where no organized precinct committee exists, 15 or the state party chairperson where neither a precinct nor a party district committee 16 exists, may appoint one or more [PERSONS AS] watchers in each precinct and 17 counting center for any election. A [EACH] candidate may appoint one or more 18 watchers for each precinct or counting center in the candidate's respective district or 19 the state for any election. An [ANY] organization or organized group that sponsors or 20 opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or question 21 [RECALL] may have one or more [PERSONS AS] watchers at the polls and counting 22 centers after first obtaining authorization from the director. A candidate, or an 23 organization or organized group with authorization from the director, may 24 appoint at least one watcher for each location where ballots or envelopes are 25 reviewed or counted in a precinct or counting center. A state party chairperson, a 26 precinct party committee, a party district committee, or a candidate may not have more 27 than one watcher on duty at a time in any precinct or counting center. A watcher must 28 be a United States citizen. The watcher may be present at a position inside the place of 29 voting or counting that affords a full view of all action of the election officials taken 30 from the time the polls are opened until the ballots are finally counted and the results 31 certified by the election board or the data processing review board. The election board
01 or the data processing review board may require each watcher to present written proof 02 showing appointment by the precinct party committee, the party district committee, 03 the organization or organized group, or the candidate the watcher represents and that 04 is signed by the respective chairperson of the precinct party committee, party 05 district committee, state party chairperson, organization or organized group, or 06 candidate. 07 * Sec. 12. AS 15.10 is amended by adding a new section to read: 08 Sec. 15.10.175. International election observers. (a) An international election 09 observer may be present at a position inside the precinct or counting center that 10 affords a full view of the activity of election officials from the time the polls are 11 opened until the ballots are finally counted and the results certified by the election 12 board or the data processing review board. 13 (b) Notwithstanding AS 15.15.210, AS 15.20.203, and 15.20.207, an 14 international election observer may not question a voter or challenge a voter's ballot. 15 (c) In this section, "international election observer" means a person who is 16 (1) not a citizen of the United States; 17 (2) designated by an international membership organization of which 18 the United States is a member; and 19 (3) invited by the United States Department of State to be part of a 20 mission to observe the election. 21 * Sec. 13. AS 15.15.060 is amended by adding a new subsection to read: 22 (f) At each polling place, the division shall provide language assistance as 23 required under 52 U.S.C. 10503 in a manner that enables each voter to participate 24 effectively in the electoral process. An election supervisor shall post at each polling 25 place information regarding the availability of language assistance in English and all 26 other languages for which language assistance is required to be provided in the 27 jurisdiction under federal law. 28 * Sec. 14. AS 15.15.170 is amended to read: 29 Sec. 15.15.170. Prohibition of political persuasion near election polls. (a) 30 During the hours the polls are open, a person who is in the polling place or within 200 31 feet of any entrance to the polling place may not
01 (1) attempt to persuade a person to vote for or against a candidate, 02 proposition, or question; or 03 (2) physically display a photo, video, or other image of the person's 04 or another person's marked ballot in an attempt to persuade a person to vote for 05 or against a candidate, proposition, or question. 06 (b) The election officials shall post warning notices at the required distance in 07 the form and manner prescribed by the director. 08 * Sec. 15. AS 15.15.280 is amended to read: 09 Sec. 15.15.280. Prohibiting the exhibition of marked ballots. A [SUBJECT 10 TO AS 15.15.240 A] voter may not exhibit the voter's ballot to an election official or 11 any other person so as to enable any person to ascertain how the voter marked the 12 ballot. 13 * Sec. 16. AS 15.15.280 is amended by adding a new subsection to read: 14 (b) This section does not apply to a voter who 15 (1) requests assistance under AS 15.15.240; or 16 (2) subject to the prohibition on political persuasion in, or within 200 17 feet of an entrance to, a polling place under AS 15.15.170, shares a photo, video, or 18 other image of the voter's marked ballot with another person or with the public. 19 * Sec. 17. AS 15.15.410 is amended to read: 20 Sec. 15.15.410. Voting multiple ballots [PLURAL VOTING]. Upon a 21 determination that a person has voted more than once in the same election, the director 22 shall notify the attorney general. The division may not count a ballot voted by a 23 person if the division determines, based on evidence, that the person voted more 24 than one ballot with the intent that the division count multiple ballots voted by 25 the person. If the division determines that the person did not intend for the 26 division to count multiple ballots voted by the person and the person voted 27 (1) an absentee, special needs, or questioned ballot and also voted a 28 ballot that is not an absentee, special needs, or questioned ballot, the division 29 shall count the ballot that is not an absentee, special needs, or questioned ballot; 30 (2) more than one absentee, special needs, or questioned ballot and 31 did not vote a ballot that is not an absentee, special needs, or questioned ballot,
01 the division shall count the ballot in the first envelope the division reviews. 02 * Sec. 18. AS 15.15 is amended by adding a new section to read: 03 Sec. 15.15.455. Risk-limiting audits. (a) In addition to the ballot counting 04 review conducted under AS 15.15.420 - 15.15.440, after each state election but before 05 the certification of the ballot counting review under AS 15.15.450, the director shall 06 conduct a risk-limiting audit of selected election results. The audit must be designed 07 using statistical methods to limit the risk of certification of an election result that is 08 inconsistent with the result that would be obtained by conducting a recount. 09 (b) The director shall adopt regulations necessary to implement and administer 10 (a) of this section. The regulations must include a procedure for selecting which 11 election results to audit and for notifying a candidate in a race subject to a risk-limiting 12 audit of the audit. In adopting regulations under this subsection, the director shall 13 consult recognized statistical experts, equipment vendors, and municipal clerks and 14 shall consider best practices for conducting risk-limiting audits. 15 (c) A candidate with a direct interest in a risk-limiting audit who seeks to 16 protect the candidate's interests during the audit may provide, at the candidate's own 17 expense, one or more observers to witness the audit. 18 * Sec. 19. AS 15.20.030 is amended to read: 19 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 20 director shall provide ballots for use as absentee ballots in all districts. The director 21 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 22 and shall provide a postage-paid return [AN] envelope with the prescribed voter's 23 certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 24 director shall prescribe the form of and prepare the voter's certificate, envelopes, and 25 other material used in absentee voting. The voter's certificate shall include a 26 declaration, for use when required, that the voter is a qualified voter in all respects, a 27 blank for the voter's signature, and a space for recording the date that the voter 28 signed the certificate. An envelope may not identify a voter's party affiliation [, A 29 CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 30 MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 31 FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR
01 RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 02 The envelope with the voter's certificate must include a notice that false statements 03 made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 04 certificate are punishable by law. 05 * Sec. 20. AS 15.20.072 is amended by adding a new subsection to read: 06 (h) If a voter and the voter's representative satisfy the requirements of (d) of 07 this section, the division may not reject a voter's special needs ballot based on an error 08 by an election official or representative on the register under (c) or an error by a 09 representative under (d) of this section. 10 * Sec. 21. AS 15.20.081(d) is amended to read: 11 (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 12 PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 13 ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 14 OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 15 OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 16 proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 17 the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 18 envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 19 SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 20 DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 21 SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 22 SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 23 INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 24 A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 25 THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 26 THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 27 the statements in the voter's certification are true. 28 * Sec. 22. AS 15.20.081(e) is amended to read: 29 (e) An absentee ballot must be marked on or before the date of the election. 30 Except as provided in (h) of this section, a voter who returns the absentee ballot by 31 mail, whether provided to the voter by mail or by electronic transmission, shall use a
01 mail service at least equal to first class and mail the ballot not later than the day of the 02 election to the election supervisor for the house district in which the voter seeks to 03 vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 04 received by the close of business on the 10th day after the election. [IF THE BALLOT 05 IS POSTMARKED, IT MUST BE POSTMARKED ON OR BEFORE ELECTION 06 DAY.] After the day of the election, ballots may not be accepted unless received by 07 mail. A ballot received after the day of the election that is not postmarked or is 08 postmarked after the day of the election may not be counted unless the ballot 09 envelope is marked with a United States Postal Service tracking barcode or a 10 division of elections ballot tracking barcode sufficient to verify that the ballot was 11 mailed on or before the day of the election. 12 * Sec. 23. AS 15.20.081 is amended by adding new subsections to read: 13 (m) An absentee ballot application must include an option for a qualified voter 14 to choose to receive absentee ballots by mail for future regularly scheduled state 15 elections. The division may not require a voter who chooses this option to reapply for 16 an absentee ballot by mail unless 17 (1) the voter has not voted an absentee ballot for a period of four years; 18 or 19 (2) the voter's previous absentee ballot sent under this section was 20 returned to the division as undeliverable. 21 (n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 22 election, requests in writing or by other means designated in regulations adopted by 23 the director to receive a ballot in a language other than English in which the division is 24 required to print election materials under 52 U.S.C. 10503, as amended, the director 25 shall provide the voter with a ballot and election materials under this section in the 26 language requested. 27 * Sec. 24. AS 15.20.201(b) is amended to read: 28 (b) Counting of absentee ballots that have been reviewed shall begin not 29 fewer than seven days preceding [AT 8:00 P.M., LOCAL TIME, ON] the day of the 30 election at places designated by each election supervisor and shall continue until all 31 absentee ballots reviewed and eligible for counting have been counted. The counting
01 teams shall report the first count of absentee ballots to the district absentee ballot 02 counting board not later than [. AN ELECTION SUPERVISOR OR AN ELECTION 03 OFFICIAL MAY NOT COUNT ABSENTEE BALLOTS BEFORE] 8:00 p.m., local 04 time, on the day of the election. Counting of the absentee ballots shall continue at 05 times designated by the election supervisor until all absentee ballots are counted. 06 * Sec. 25. AS 15.20.203(b) is amended to read: 07 (b) An absentee ballot must be rejected [MAY NOT BE COUNTED] if 08 (1) the voter has failed to properly sign [EXECUTE] the certificate; 09 (2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 10 TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 11 CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 12 AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 13 SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 14 VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 15 DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 16 UNDER AS 15.20.061(c); 17 (3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 18 DATE OF THE ELECTION; 19 (4)] the ballot envelope and certificate, if delivered by mail after the 20 day of the election [POSTMARKED], 21 (A) is [NOT] postmarked after [ON OR BEFORE] the date of 22 the election; 23 (B) has a United States Postal Service tracking barcode or a 24 division of elections ballot tracking barcode verifying that the ballot was 25 mailed after the date of the election; or 26 (C) is signed after the date of the election; 27 (3) [(5)] after the day of election, the ballot was delivered by a means 28 other than mail; 29 (4) [OR (6)] the voter voted 30 (A) in person and is a 31 (i) first-time voter who initially registered by mail or by
01 facsimile or other electronic transmission approved by the director 02 under AS 15.07.050, has not provided the identification required by 03 AS 15.15.225(a), was not eligible for waiver of the identification 04 requirement under AS 15.15.225(b), and has not provided the 05 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 06 through state agency records described in AS 15.07.055(e); or 07 (ii) voter other than one described in (i) of this 08 subparagraph, did not provide identification described in 09 AS 15.15.225(a), was not personally known by the election official, 10 and has not provided the identifiers required in AS 15.07.060(a)(2) and 11 (3); or 12 (B) by mail or electronic transmission, is a first-time voter who 13 initially registered by mail or by facsimile or other electronic transmission 14 approved by the director under AS 15.07.050 to vote, has not met the 15 identification requirements set out in AS 15.07.060, and does not submit with 16 the ballot a copy of a 17 (i) driver's license, state identification card, current and 18 valid photo identification, birth certificate, passport, or hunting or 19 fishing license; or 20 (ii) current utility bill, bank statement, paycheck, 21 government check, or other government document; an item described 22 in this sub-subparagraph must show the name and current address of 23 the voter; or 24 (5) the voter did not vote absentee in-person and the signature on 25 the certificate is not consistent with the voter's signature in voter registration 26 records. 27 * Sec. 26. AS 15.20.203 is amended by adding a new subsection to read: 28 (k) Except for a voter who voted absentee in-person, the district absentee 29 counting board shall determine whether a voter's signature on the certificate is 30 consistent with the voter's signature in voter registration records using a signature 31 verification process that includes signature comparison software, according to a
01 procedure provided in regulations adopted by the director. An election official may not 02 determine that the signature on a voter's return envelope does not match the signature 03 stored in the voter's registration record solely based on substitution of initials or use of 04 a common nickname. The director shall provide training in signature comparison and 05 the use of signature comparison software to election officials who compare signatures 06 under this section. 07 * Sec. 27. AS 15.20 is amended by adding a new section to read: 08 Sec. 15.20.215. Rules for challenging ballot. The director shall adopt by 09 regulation a procedure and time frame for a campaign or organization or organized 10 group that sponsors or opposes an initiative, referendum, or question to challenge the 11 decision to count or not count an absentee, special needs, or questioned ballot. The 12 procedure must provide at least 24 hours to submit a challenge. 13 * Sec. 28. AS 15.20.220(b) is amended to read: 14 (b) The state review board shall review and count absentee ballots under 15 AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 16 questioned ballots that have been forwarded to the director and that have not been 17 reviewed or counted by a district counting board. 18 * Sec. 29. AS 15.20 is amended by adding new sections to read: 19 Sec. 15.20.221. Ballot-tracking system. (a) The director shall establish an 20 online multi-factor authentication ballot-tracking system. The director may procure the 21 system from a third party. The system must be designed to allow a voter to easily use 22 the system through a mobile electronic device. The system must allow a voter to 23 (1) confirm that the voter's ballot has been sent by the division; 24 (2) track the date of the ballot's delivery to the voter; 25 (3) confirm the division's receipt of the voter's ballot; 26 (4) determine whether the voter's certificate has been reviewed; 27 (5) determine whether the voter's ballot has been counted; and 28 (6) provide the information necessary to cure a rejected ballot. 29 (b) The online multi-factor authentication ballot-tracking system must 30 (1) use multi-factor authentication to verify a voter's identity; and 31 (2) indicate to a voter
01 (A) the process by which the voter may cure the lack of 02 signature or verify the voter's identity, if the signature on the voter's ballot was 03 missing; and 04 (B) the reason the voter's ballot was not counted, if the ballot 05 was not counted. 06 (c) The division may not charge a voter a fee to use the online multi-factor 07 authentication ballot-tracking system. 08 Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 09 a ballot that is rejected because the voter does not have a signature stored in voter 10 registration records, the certificate is missing a signature, the signature on the 11 certificate is determined under AS 15.20.203 to not match the signature in voter 12 registration records, or the voter provided insufficient voter identification, the director 13 shall immediately make a reasonable effort to contact the voter, explain the ballot 14 deficiency, explain how the deficiency may be cured, and inform the voter of the 15 deadline to cure the ballot. The director shall, within 24 hours, attempt to begin 16 sending notices of deficiency by electronic mail to the voter's electronic mail address 17 if the voter has provided an electronic mail address. If the voter has provided a 18 telephone number, the director shall, within 24 hours, attempt to notify the voter of the 19 deficiency by telephone call and text message. The director shall, within 48 hours, but 20 not later than five days after election day, send a notice of deficiency by first class, 21 nonforwardable mail to the address in the voter's registration record. 22 (b) A notice of deficiency must include an explanation of the need for a 23 signature for verification purposes. The notice must include a form for the voter to 24 confirm that the voter returned a ballot to the division, provide a copy of a form of 25 identification accepted by the division under AS 15.15.225(a), and provide a signature 26 for verification. The director shall provide a printed copy of the form with the notice 27 of deficiency mailed to the voter. The director shall also make the form available in a 28 format that can be completed and returned electronically. 29 (c) The rejected ballot of a voter who received a notice of deficiency may be 30 counted only if 31 (1) the voter returns the form sent with the notice of deficiency, the
01 division receives the form within 14 days after election day, and the form confirms 02 that the voter returned a ballot to the division; 03 (2) the voter provides a signature and includes a copy of a form of 04 identification accepted by the division under AS 15.15.225(a); and 05 (3) the ballot is otherwise valid. 06 (d) A voter's rejected ballot may not be counted and the director shall, if 07 applicable, send copies of the signature on the voter's return envelope and the 08 signature stored in voter registration records to the attorney general for investigation if 09 the voter returns the form and the form indicates that the voter did not return a ballot 10 to the division. 11 (e) The division shall update the signature stored in voter registration records 12 if the voter, after providing a copy of a form of identification accepted by the division 13 under AS 15.15.225(a), either provides a signature for the voter's missing signature or 14 cures a nonmatching signature under this section. 15 * Sec. 30. AS 15.20 is amended by adding a new section to article 4 to read: 16 Sec. 15.20.810. Drop boxes for elections conducted by mail. The director 17 shall, if practicable, provide secure ballot drop boxes for elections conducted by mail. 18 The director shall adopt regulations governing the use and location of ballot drop 19 boxes. If practicable, the director shall provide a drop box at each division regional 20 office and, for a municipality with over 20,000 residents, provide one drop box for 21 each 20,000 residents in locations chosen to ensure that drop boxes are accessible to 22 the most possible voters. When selecting drop box locations, the director may consult 23 with municipalities, school districts, tribal organizations, and nonpartisan civic 24 organizations. The director may provide a drop box in a municipality with fewer than 25 20,000 residents. The director shall include in the regulations the criteria for selecting 26 the locations of drop boxes, the security requirements for the drop boxes, and a 27 requirement that drop boxes be open 24 hours a day in the 10 days before an election 28 day. The regulations must require that each drop box be open on the election day until 29 8:00 p.m. 30 * Sec. 31. AS 15.56.030(d) is amended to read: 31 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing"
01 (1) includes 02 (A) an entry in a game of chance in which a prize of money or 03 other present or future pecuniary gain or advantage may be awarded to a 04 participant wherein the total of the prizes offered is greater than $2 per 05 participant with a maximum of $100; and 06 (B) government employment or benefits; 07 (2) does not include 08 (A) materials having a nominal value bearing the name, 09 likeness, or other identification of a candidate, political party, political group, 10 party district committee, or organization, or stating a position on a ballot 11 proposition or question; 12 (B) food and refreshments provided incidental to an activity 13 that is nonpartisan in nature and directed at encouraging persons to vote, or 14 incidental to a gathering in support of or in opposition to a candidate, political 15 party, political group, party district committee, organization, or ballot question 16 or proposition; 17 (C) care of the voter's dependents provided in connection with 18 the absence of a voter from home for the purpose of voting; 19 (D) services provided by a person acting as a representative 20 under AS 15.20.072; 21 (E) services provided by an election official as defined in 22 AS 15.80.010; [AND] 23 (F) transportation of a voter to or from the polls without 24 charge; and 25 (G) postage-paid return envelopes required in 26 AS 15.20.030. 27 * Sec. 32. AS 19.25.105(a) is amended to read: 28 (a) Outdoor advertising may not be erected or maintained within 660 feet of 29 the nearest edge of the right-of-way and visible from the main-traveled way of the 30 interstate, primary, or secondary highways in this state except the following: 31 (1) directional and other official signs and notices that [WHICH]
01 include [, BUT ARE NOT LIMITED TO,] signs and notices pertaining to natural 02 wonders, scenic and historic attractions, which are required or authorized by law, and 03 which shall conform to federal standards for interstate and primary systems; 04 (2) signs, displays, and devices advertising the sale or lease of property 05 upon which they are located or advertising activities conducted on the property; 06 (3) signs determined by the state, subject to concurrence of the United 07 States Department of Transportation, to be landmark signs, including signs on farm 08 structures or natural surfaces of historic or artistic significance, the preservation of 09 which would be consistent with the provisions of this chapter; 10 (4) directional signs and notices pertaining to schools; 11 (5) advertising on bus benches or bus shelters, and adjacent trash 12 receptacles, if the state determines that the advertising conforms to local, state, and 13 federal standards for interstate and primary highways; 14 (6) temporary political campaign signs not larger than 32 square 15 feet in size displayed on private property if the owner or resident of the property 16 is not being compensated for the display, the sign is not a risk to the public, and 17 the sign is outside of an interstate, primary, or secondary highway right-of-way. 18 * Sec. 33. AS 24.45.091 is amended to read: 19 Sec. 24.45.091. Publication of reports. Copies of the statements and reports 20 filed under this chapter shall be made available to the public at the commission's 21 offices and on the commission's Internet website [CENTRAL OFFICE, THE 22 OFFICE OF THE LIEUTENANT GOVERNOR, THE LEGISLATIVE REFERENCE 23 LIBRARY OF THE LEGISLATIVE AFFAIRS AGENCY, AND AT THE 24 COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 25 as practicable after each reporting period. 26 * Sec. 34. AS 24.45.111(b) is amended to read: 27 (b) The commission shall preserve the statements and reports required to be 28 filed under this chapter for a period of six years from the date of filing. Copies [IF 29 THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE STATE CAPITAL, 30 COPIES] of all statements and reports filed under this chapter shall be maintained in 31 the commission's offices and be made available on the commission's Internet
01 website [AN OFFICE ESTABLISHED BY THE COMMISSION IN THE STATE 02 CAPITAL OR IN THE OFFICE OF THE LIEUTENANT GOVERNOR]. 03 * Sec. 35. AS 29.26.050 is amended by adding a new subsection to read: 04 (d) Except as a municipality may require for elections held only in specific 05 local election districts or service areas under (b) of this section, a person who has lived 06 within the municipality for at least 30 days, but who has not registered to vote in state 07 elections at a residence address within the municipality at least 30 days before a 08 municipal election, may vote only an absentee, special needs, or questioned ballot in 09 that election. The municipality may not reject the absentee, special needs, or 10 questioned ballot of a qualified voter who registers within 30 days before or on the day 11 of an election on the grounds that the voter is not on the official registration list for the 12 election. 13 * Sec. 36. AS 39.50.020(b) is amended to read: 14 (b) A public official, [OR] former public official, or candidate for municipal 15 office [OTHER THAN AN ELECTED OR APPOINTED MUNICIPAL OFFICER] 16 shall file the statement with the Alaska Public Offices Commission. Candidates for the 17 office of governor and lieutenant governor and, if the candidate is not subject to 18 AS 24.60, the legislature shall file the statement under AS 15.25.030. The Alaska 19 Public Offices Commission shall provide copies of the statements filed by 20 municipal [MUNICIPAL] officers, former municipal officers, and candidates for 21 elective municipal office to [SHALL FILE WITH] the applicable municipal clerk or 22 other municipal official designated to receive the statements [THEIR FILING FOR 23 OFFICE]. All statements required to be filed under this chapter are public records. 24 * Sec. 37. AS 39.50.200(b) is amended by adding a new paragraph to read: 25 (65) Redistricting Board. 26 * Sec. 38. AS 44.62.310(h)(3) is amended to read: 27 (3) "public entity" means an entity of the state or of a political 28 subdivision of the state including an agency, a board or commission, the 29 Redistricting Board, the University of Alaska, a public authority or corporation, a 30 municipality, a school district, and other governmental units of the state or a political 31 subdivision of the state; it does not include the court system or the legislative branch
01 of state government. 02 * Sec. 39. AS 15.10.170(b); AS 15.20.203(i), 15.20.203(j); and AS 29.26.050(a)(3) are 03 repealed. 04 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 APPLICABILITY. AS 15.56.030(d), as amended by sec. 31 of this Act, applies to 07 offenses committed on or after the effective date of sec. 31 of this Act. 08 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 TRANSITION: REGULATIONS. The Alaska Public Offices Commission and the 11 division of elections may adopt regulations necessary to implement the changes made by this 12 Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 13 before the effective date of the law implemented by the regulation. 14 * Sec. 42. Section 41 of this Act takes effect immediately under AS 01.10.070(c). 15 * Sec. 43. Except as provided in sec. 42 of this Act, this Act takes effect January 1, 2024.