HB 43: "An Act relating to elections; relating to voters; relating to the crime of unlawful interference with voting; and providing for an effective date."
00 HOUSE BILL NO. 43 01 "An Act relating to elections; relating to voters; relating to the crime of unlawful 02 interference with voting; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.05.010 is amended to read: 05 Sec. 15.05.010. Voter qualification. A person may vote at any election who 06 (1) is a citizen of the United States; 07 (2) is 18 years of age or older; 08 (3) has been a resident of the state and of the house district in which 09 the person seeks to vote for at least 30 days just before the election; and 10 (4) has registered [BEFORE THE ELECTION] as required under 11 AS 15.07 and is not registered to vote in another jurisdiction. 12 * Sec. 2. AS 15.07.060 is amended by adding a new subsection to read: 13 (g) An applicant who requests registration within 30 days before an election in 14 which the applicant desires to vote shall provide
01 (1) an affidavit, signed under penalty of perjury and witnessed by an 02 election official, stating whether the applicant established residency at least 30 days 03 before the date of the election in 04 (A) the state; and 05 (B) the house district in which the applicant seeks to vote at the 06 election; and 07 (2) a physical or electronic copy of 08 (A) identification issued by the federal government, the state, a 09 municipality, a tribal government, or a secondary or postsecondary school that 10 displays the applicant's Alaska residence address; or 11 (B) a utility bill, bank statement, paycheck, government check, 12 or other government document dated not more than 60 days before the 13 registration or reregistration and displaying the applicant's name and Alaska 14 residence address. 15 * Sec. 3. AS 15.07.070(c) is amended to read: 16 (c) The names of persons submitting completed registration forms by mail that 17 are postmarked at least 30 days before the next election, or submitting completed 18 registration forms by facsimile or other electronic transmission approved by the 19 director under AS 15.07.050 that are received at least 30 days before the next election, 20 shall be placed on the official registration list for that election. If a registration form 21 received by mail less than 30 days before an election does not have a legible and dated 22 postmark, the name of the person submitting the form shall be placed on the official 23 registration list for that election if the form was signed and dated by the person at least 24 30 days before the election and if the form is received by the director or election 25 supervisor at least 25 days before the election. The name of a person submitting a 26 completed registration form by mail or by facsimile or other electronic transmission 27 that does not meet the applicable requirements of this subsection may not be placed on 28 the official registration list for that election but shall be placed on the master register 29 after that election. A person submitting a completed registration form that does 30 not meet the requirements of this subsection for placement on the master register 31 for the next election but who complies with AS 15.07.060(g) may vote an absentee
01 in-person, special needs, or questioned ballot at that election. 02 * Sec. 4. AS 15.07.070(d) is amended to read: 03 (d) Qualified voters may register in person before a registration official or 04 through a voter registration agency at any time throughout the year. A qualified voter 05 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 06 or on the day of an election may vote only an absentee in-person, special needs, or 07 questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 08 that election. The division may not reject the absentee in-person, special needs, or 09 questioned ballot of a qualified voter who registers within 30 days before or on 10 the day of an election on the grounds that the voter is not on the official 11 registration list for the election. Upon receipt and approval of the registration forms, 12 the director or the election supervisor shall forward to the voter an acknowledgment in 13 the form of a registration card, and the voter's name shall immediately be placed on 14 the master register. Names of persons registering 30 or more days before an election 15 shall be placed on the official registration list for that election. 16 * Sec. 5. AS 15.07.070(h) is amended to read: 17 (h) The director shall design the form of the voter's certificate appearing on 18 the envelope that is used for voting an absentee in-person, special needs, or 19 questioned ballot so that all information required for registration by AS 15.07.060(a) 20 may be obtained from a voter who votes an absentee in-person, special needs, or 21 questioned ballot. The form must include the instruction that a person registering 22 to vote using the voter's certificate who wishes to declare the person's affiliation 23 should complete the affiliation section on the certificate. If the voter voting an 24 absentee in-person, special needs, or questioned ballot has completed all information 25 on the voter registration portion of the absentee in-person, special needs, or 26 questioned ballot voter's certificate, the director shall place the name of the voter on 27 the official registration list. 28 * Sec. 6. AS 15.07.090(b) is amended to read: 29 (b) A voter shall reregister if the voter's registration is cancelled as provided in 30 AS 15.07.130. A person reregistering under this subsection may vote only an 31 absentee in-person, special needs, or questioned ballot until [THE
01 REREGISTRATION IS EFFECTIVE FOR] the next election that occurs at least 30 02 days after the date of reregistration. The division may not reject the absentee in- 03 person, special needs, or questioned ballot of a qualified voter who reregisters 04 within 30 days before or on the day of an election on the grounds that the voter is 05 not on the official registration list for the election. 06 * Sec. 7. AS 15.07.090(c) is amended to read: 07 (c) The director shall transfer the registration of a voter from one precinct to 08 another within a house district when requested by the voter. If a [THE] request is 09 [SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 10 election day, a person transferring registration to a new precinct may vote only 11 an absentee in-person, special needs, or questioned ballot. The division may not 12 reject the absentee in-person, special needs, or questioned ballot of a qualified 13 voter who transfers registration within 30 days before or on the day of an election 14 on the grounds that the voter is not on the official registration list for the election. 15 The director shall transfer the registration of a voter from one house district to another 16 when requested by the voter. The voter must reside in the new house district for at 17 least 30 days in order to vote a ballot for that district. 18 * Sec. 8. AS 15.07.090(d) is amended to read: 19 (d) A person who claims to be a registered voter, but for whom no evidence of 20 registration in the precinct can be found, may vote only an absentee in-person, 21 special needs, or questioned ballot. The division may not reject the absentee in- 22 person, special needs, or questioned ballot of a qualified voter who registers 23 within 30 days before or on the day of an election on the grounds that the voter is 24 not on the official registration list for the election [SHALL BE GRANTED THE 25 RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A QUESTIONED 26 VOTER AND THE BALLOT SHALL BE TREATED IN THE SAME MANNER. 27 THE BALLOT SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" 28 AND SHALL BE SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S 29 REPRESENTATIVE SHALL DETERMINE WHETHER THE VOTER IS 30 REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING THE BALLOT. 31 A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS PROVIDED IN (c)
01 OF THIS SECTION SHALL VOTE A "QUESTIONED BALLOT" IN THE 02 PRECINCT IN WHICH THE VOTER RESIDES]. 03 * Sec. 9. AS 15.07.130(e) is amended to read: 04 (e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 05 (1) the voter is present at a polling place or at an early [ABSENTEE] 06 voting station designated under AS 15.20.045(b) at a time when the polling place or 07 early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 08 (2) the voter applies to the division to obtain an absentee ballot; or 09 (3) in an election conducted by mail under AS 15.20.800, a voter who 10 has not received a ballot by mail makes a timely request to the division for a ballot. 11 * Sec. 10. AS 15.15.370 is amended to read: 12 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 13 ballots is completed, and in no event later than the day after the election, the election 14 board shall make a certificate in duplicate of the results. The certificate includes the 15 number of votes cast for each candidate, including, for a candidate in a general 16 election, the number of votes at each round of the ranked-choice tabulation process 17 under AS 15.15.350, the number of votes for and against each proposition, yes or no 18 on each question, and any additional information prescribed by the director. The 19 election board shall, immediately upon completion of the certificate or as soon 20 thereafter as the local mail service permits, send in one sealed package to the director 21 one copy of the certificate and the register. In addition, all ballots properly cast shall 22 be mailed to the director in a separate, sealed package. Both packages, in addition to 23 an address on the outside, shall clearly indicate the precinct from which they come. 24 Each board shall, immediately upon completion of the certification and as soon 25 thereafter as the local mail service permits, send the duplicate certificate to the 26 respective election supervisor. The director may authorize election boards in precincts 27 in those areas of the state where distance and weather make mail communication 28 unreliable to forward their election results by telephone or radio. The director may 29 authorize the unofficial totaling of votes on a regional basis by election supervisors, 30 tallying the votes as indicated on duplicate certificates. If the director publishes 31 unofficial results, the director shall include, for each candidate, the subsequent
01 candidate rankings selected by the voters who ranked that candidate as the 02 voters' first choice. 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 15.20.030 is amended to read: 06 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 07 director shall provide ballots for use as absentee ballots in all districts. The director 08 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 09 and shall provide a postage-paid return [AN] envelope with the prescribed voter's 10 certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 11 director shall prescribe the form of and prepare the voter's certificate, envelopes, and 12 other material used in absentee voting. The voter's certificate shall include a 13 declaration, for use when required, that the voter is a qualified voter in all respects, a 14 blank for the voter's signature, and a space for recording the date that the voter 15 signed the certificate. An envelope may not identify a voter's party affiliation [, A 16 CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 17 MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 18 FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 19 RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 20 The envelope with the voter's certificate must include a notice that false statements 21 made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 22 certificate are punishable by law. 23 * Sec. 12. AS 15.20.045 is amended to read: 24 Sec. 15.20.045. Designation of absentee voting officials and stations. (a) 25 The director or election supervisor may designate persons to act as absentee voting 26 officials under AS 15.20.010 - 15.20.220 in areas where election supervisors do not 27 have offices. Magistrates may, with the approval of the administrative director of the 28 Alaska Court System, be designated under this section. At least 30 [15] days before 29 the election the director shall supply each absentee voting official with appropriate 30 ballots. 31 (b) The director may designate by regulation [ADOPTED UNDER AS 44.62
01 (ADMINISTRATIVE PROCEDURE ACT)] locations at which early [ABSENTEE] 02 voting stations will be operated for persons to vote absentee ballots on or after the 03 30th [15TH] day before an election up to and including the date of the election. The 04 director shall supply these [ABSENTEE] voting stations with absentee ballots for all 05 house districts in the state and shall designate absentee voting officials to serve at the 06 [ABSENTEE] voting stations. 07 (c) In a municipality in which the division will not be operating an early 08 [ABSENTEE] voting station under this section, the director may designate the 09 municipal clerk as an absentee voting official for the limited purpose of distributing 10 absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 11 representatives under AS 15.20.072. At least 30 [15] days before the election, the 12 director shall supply municipal clerks designated under this subsection with absentee 13 ballots. 14 * Sec. 13. AS 15.20.050 is amended to read: 15 Sec. 15.20.050. Requirement of full public notice. The director shall give full 16 public notice of the dates and manner of voting absentee and may select any means of 17 communication permitted to be used in giving notice of the date and time of the 18 general election. The director shall give notice under this section of the location of 19 early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 20 days before each election. 21 * Sec. 14. AS 15.20.061(a) is amended to read: 22 (a) A qualified voter may apply in person for an absentee ballot to the 23 following election officials at the times specified: 24 (1) to an absentee voting official on or after the 30th [15TH] day 25 before an election up to and including the date of the election; 26 (2) to an election supervisor on or after the 30th [15TH] day before an 27 election up to and including the date of the election; 28 (3) to an absentee voting official at an early [ABSENTEE] voting 29 station designated under AS 15.20.045(b) on or after the 30th [15TH] day before an 30 election up to and including the date of the election; 31 (4) to an absentee voting official in the precinct in which no volunteers
01 can be located to serve on the election board on or after the 30th [15TH] day before an 02 election up to and including election day. 03 * Sec. 15. AS 15.20.064(a) is amended to read: 04 (a) For 30 [15] days before an election and on election day, a qualified voter 05 who meets the requirements set out in this section may vote in locations designated by 06 the director. 07 * Sec. 16. AS 15.20.064 is amended by adding a new subsection to read: 08 (e) If a voter fails to satisfy the requirements of (b) of this section, the voter 09 shall be allowed to vote an absentee ballot in the manner provided in AS 15.20.061. 10 * Sec. 17. AS 15.20.072(b) is amended to read: 11 (b) The voter may, through a representative, request a special needs ballot 12 from the following election officials at the times specified: 13 (1) from an absentee voting official on or after the 30th [15TH] day 14 before an election, up to and including election day; 15 (2) from an election supervisor on or after the 30th [15TH] day before 16 an election up to and including election day; 17 (3) from an absentee voting official at an early [ABSENTEE] voting 18 station designated under AS 15.20.045(b) on or after the 30th [15TH] day before an 19 election up to and including the date of the election; or 20 (4) from a member of the precinct election board on election day. 21 * Sec. 18. AS 15.20.081(d) is amended to read: 22 (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 23 PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 24 ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 25 OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 26 OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 27 proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 28 the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 29 envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 30 SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 31 DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS
01 SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 02 SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 03 INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 04 A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 05 THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 06 THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 07 the statements in the voter's certification are true. 08 * Sec. 19. AS 15.20.201(a) is amended to read: 09 (a) Not [NO] less than 10 [SEVEN] days preceding the day of election, the 10 election supervisor, in the presence and with the assistance of the district absentee 11 ballot counting board, shall begin to review all voter certificates and envelopes of 12 absentee ballots received by that date. The review of absentee ballots shall continue at 13 times designated by the election supervisor until completed. An absentee ballot may 14 not be counted until the accompanying voter certificate has been reviewed. 15 * Sec. 20. AS 15.20.203(b) is amended to read: 16 (b) The board shall reject an [AN] absentee ballot [MAY NOT BE 17 COUNTED] if 18 (1) the voter has failed to properly sign [EXECUTE] the certificate; 19 (2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 20 TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 21 CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 22 AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 23 SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 24 VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 25 DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 26 UNDER AS 15.20.061(c); 27 (3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 28 DATE OF THE ELECTION; 29 (4)] the ballot envelope and certificate, if delivered by mail after the 30 day of the election [POSTMARKED], 31 (A) is [NOT] postmarked after [ON OR BEFORE] the date of
01 the election; or 02 (B) has a United States Postal Service tracking barcode or a 03 division of elections ballot tracking barcode verifying that the ballot was 04 mailed after the date of the election; 05 (3) [(5)] after the day of election, the ballot was delivered by a means 06 other than mail; or 07 (4) [OR (6)] the voter voted 08 (A) in person and is a 09 (i) first-time voter who initially registered by mail or by 10 facsimile or other electronic transmission approved by the director 11 under AS 15.07.050, has not provided the identification required by 12 AS 15.15.225(a), was not eligible for waiver of the identification 13 requirement under AS 15.15.225(b), and has not provided the 14 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 15 through state agency records described in AS 15.07.055(e); or 16 (ii) voter other than one described in (i) of this 17 subparagraph, did not provide identification described in 18 AS 15.15.225(a), was not personally known by the election official, 19 and has not provided the identifiers required in AS 15.07.060(a)(2) and 20 (3); or 21 (B) by mail or electronic transmission, is a first-time voter who 22 initially registered by mail or by facsimile or other electronic transmission 23 approved by the director under AS 15.07.050 to vote, has not met the 24 identification requirements set out in AS 15.07.060, and does not submit with 25 the ballot a copy of a 26 (i) driver's license, state identification card, current and 27 valid photo identification, birth certificate, passport, or hunting or 28 fishing license; or 29 (ii) current utility bill, bank statement, paycheck, 30 government check, or other government document; an item described 31 in this sub-subparagraph must show the name and current address of
01 the voter. 02 * Sec. 21. AS 15.20.220(b) is amended to read: 03 (b) The state review board shall review and count absentee ballots under 04 AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 05 questioned ballots that have been forwarded to the director and that have not been 06 reviewed or counted by a district counting board. 07 * Sec. 22. AS 15.20 is amended by adding a new section to read: 08 Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 09 a ballot that is rejected because the certificate is missing a signature or the voter 10 provided insufficient voter identification, the director shall immediately make a 11 reasonable effort to contact the voter, explain the ballot deficiency, explain how the 12 deficiency may be cured, and inform the voter of the deadline to cure the ballot. The 13 director shall, within 24 hours, attempt to begin sending notices of deficiency by 14 electronic mail to the voter's electronic mail address if the voter has provided an 15 electronic mail address. If the voter has provided a telephone number, the director 16 shall, within 24 hours, attempt to notify the voter of the deficiency by telephone call 17 and text message. The director shall, within 48 hours and not later than five days after 18 election day, send a notice of deficiency by first class, nonforwardable mail to the 19 address on the voter's registration record. 20 (b) A notice of deficiency must include a form for the voter to confirm that the 21 voter returned a ballot to the division and provide a copy of a form of identification 22 accepted by the division under AS 15.15.225(a). The director shall provide a printed 23 copy of the form with the notice of deficiency mailed to the voter. The director shall 24 also make the form available in a format that can be completed and returned 25 electronically. 26 (c) The rejected ballot of a voter who received a notice of deficiency may be 27 counted only if 28 (1) the voter returns the form sent with the notice of deficiency, the 29 division receives the form within 14 days after election day, and the form confirms 30 that the voter returned a ballot to the division; 31 (2) the voter provides a signature and includes a copy of a form of
01 identification accepted by the division under AS 15.15.225(a); and 02 (3) the ballot is otherwise valid. 03 (d) The director shall, if applicable, send copies of the signature on the voter's 04 return envelope and the signature stored in voter registration records to the attorney 05 general for investigation if the voter returns the form and the form indicates that the 06 voter did not return a ballot to the division. 07 * Sec. 23. AS 15.56.030(d) is amended to read: 08 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 09 (1) includes 10 (A) an entry in a game of chance in which a prize of money or 11 other present or future pecuniary gain or advantage may be awarded to a 12 participant wherein the total of the prizes offered is greater than $2 per 13 participant with a maximum of $100; and 14 (B) government employment or benefits; 15 (2) does not include 16 (A) materials having a nominal value bearing the name, 17 likeness, or other identification of a candidate, political party, political group, 18 party district committee, or organization, or stating a position on a ballot 19 proposition or question; 20 (B) food and refreshments provided incidental to an activity 21 that is nonpartisan in nature and directed at encouraging persons to vote, or 22 incidental to a gathering in support of or in opposition to a candidate, political 23 party, political group, party district committee, organization, or ballot question 24 or proposition; 25 (C) care of the voter's dependents provided in connection with 26 the absence of a voter from home for the purpose of voting; 27 (D) services provided by a person acting as a representative 28 under AS 15.20.072; 29 (E) services provided by an election official as defined in 30 AS 15.80.010; [AND] 31 (F) transportation of a voter to or from the polls without
01 charge; and 02 (G) postage-paid return envelopes required in 03 AS 15.20.030. 04 * Sec. 24. AS 15.58.030(h) is amended to read: 05 (h) The lieutenant governor shall prepare and publish on the division's Internet 06 website the photograph and statement of a candidate for an office designated under 07 (a), (b), or (g) of this section. The lieutenant governor shall indicate that the 08 photograph and statement are provided and paid for by the candidate. A photograph 09 and a statement of a candidate that have been timely filed with the lieutenant governor 10 shall be published on the website at least 30 [15] days before an election at which the 11 candidate will appear on the ballot. 12 * Sec. 25. AS 29.20.380(c) is amended to read: 13 (c) The municipal clerk may act as an absentee voting official under 14 AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 15 voters or qualified voters' representatives under AS 15.20.072 in a municipality in 16 which the division of elections will not be operating an early [ABSENTEE] voting 17 station under AS 15.20.045(b). 18 * Sec. 26. AS 29.26.050 is amended by adding a new subsection to read: 19 (d) Except as a municipality may require for elections held only in specific 20 local election districts or service areas under (b) of this section, a person who has lived 21 within the municipality for at least 30 days, but who has not registered to vote in state 22 elections at a residence address within the municipality at least 30 days before a 23 municipal election, may vote only an absentee, special needs, or questioned ballot in 24 that election. The municipality may not reject the absentee, special needs, or 25 questioned ballot of a qualified voter who registers within 30 days before or on the day 26 of an election on the grounds that the voter is not on the official registration list for the 27 election. 28 * Sec. 27. AS 29.26.050(a)(3) is repealed. 29 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. AS 15.56.030(d), as amended by sec. 23 of this Act, applies to
01 offenses committed on or after the effective date of sec. 23 of this Act. 02 * Sec. 29. This Act takes effect January 1, 2026.