HB 63: "An Act relating to regional educational attendance area elections; relating to terms for members of regional school boards; relating to voter residence; relating to voter registration; relating to the inclusion of voter registration forms in permanent fund dividend applications; relating to election administration; relating to ballot counting; relating to absentee voting; relating to early voting; relating to voting by mail; relating to publication of election pamphlets; and relating to confidential information in voter registration records."
00 HOUSE BILL NO. 63 01 "An Act relating to regional educational attendance area elections; relating to terms for 02 members of regional school boards; relating to voter residence; relating to voter 03 registration; relating to the inclusion of voter registration forms in permanent fund 04 dividend applications; relating to election administration; relating to ballot counting; 05 relating to absentee voting; relating to early voting; relating to voting by mail; relating 06 to publication of election pamphlets; and relating to confidential information in voter 07 registration records." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 14.08.041(b) is amended to read: 10 (b) The qualified voters of the communities receiving educational services in 11 each regional educational attendance area shall elect a regional school board of not 12 less than five nor more than eleven members to be elected [FOR THE SAME TERM,] 13 in the same manner [,] and with the same qualifications as a city or borough school
01 district board under AS 14.12. The initial number of regional school board members 02 shall be determined by the department in consultation with the local communities in 03 the regional educational attendance areas. However, the qualified voters in a regional 04 educational attendance area may increase or decrease the number of regional school 05 board members established under this section by placing the question on the ballot at a 06 regular school board election in the manner prescribed by law. A change in the 07 number of school board members is not effective until the next regular school board 08 election. 09 * Sec. 2. AS 14.08.061(a) is amended to read: 10 (a) Members elected to a regional school board shall serve staggered four- 11 year [THREE-YEAR] terms. However, 12 (1) the term of office of all of the members of a regional school board 13 elected from the same multi-member section may not expire at the same time; and 14 (2) for the first board elected, the term of office of each member shall 15 be determined by lot, according to the following schedule: 16 (A) the members of the first five-member school board shall 17 hold office for terms as follows: three members [ONE MEMBER FOR A 18 ONE-YEAR TERM; TWO] for a two-year term and two for a four-year 19 [THREE-YEAR] term; 20 (B) the members of the first seven-member school board hold 21 office for terms as follows: four [TWO] members for a [ONE-YEAR TERM; 22 TWO FOR A] two-year term and three for a four-year [THREE-YEAR] term; 23 (C) the members of the first nine-member school board hold 24 office for terms as follows: five members [THREE] for a [ONE-YEAR 25 TERM; THREE FOR A] two-year term and four [THREE] for a four-year 26 [THREE-YEAR] term; 27 (D) the members of the first 11-member school board hold 28 office for terms as follows: six members [THREE FOR A ONE-YEAR 29 TERM, FOUR] for a two-year term and five [FOUR] for a four-year 30 [THREE-YEAR] term. 31 * Sec. 3. AS 14.08.071(b) is amended to read:
01 (b) Except for the first election of regional school board members under (a) of 02 this section, elections shall be held biennially [ANNUALLY] on the first Tuesday in 03 October in odd numbered years. Elections shall be supervised by the director of 04 elections in the office of the lieutenant governor, but shall be administered within 05 second class cities as part of the regular municipal election. The lieutenant governor 06 shall adopt regulations for the conduct of the election of regional school board 07 members comparable, as far as practicable, to those prescribed for election of school 08 board members under AS 14.12 and AS 29.20.300 except that the majority election 09 requirements of AS 29.26.060 do not apply to, nor may the regulations require runoff 10 elections for, the first election of regional school board members under (a) of this 11 section or, if a school board by resolution so requests, to subsequent elections in the 12 regional educational attendance area served by that school board. 13 * Sec. 4. AS 14.08.071(e) is amended to read: 14 (e) The lieutenant governor may provide for the election of an advisory school 15 board established under AS 14.08.115. An election conducted under this subsection 16 shall be held on the first Tuesday in October in odd numbered years. The lieutenant 17 governor may adopt regulations governing an election conducted under this 18 subsection. 19 * Sec. 5. AS 15.05.020 is amended to read: 20 Sec. 15.05.020. Rules for determining residence of voter. For the purpose of 21 determining residence for voting, the place of residence is governed by the following 22 rules: 23 (1) A person may not be considered to have gained a residence solely 24 by reason of presence nor may a person lose it solely by reason of absence while in the 25 civil or military service of this state or of the United States or of absence because of 26 marriage to a person engaged in the civil or military service of this state or the United 27 States, while a student at an institution of learning, while in an institution or asylum at 28 public expense, while confined in public prison, while engaged in the navigation of 29 waters of this state or the United States or of the high seas, while residing upon an 30 Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 31 Alaska Veterans' Home.
01 (2) The residence of a person is that place in which the person's 02 habitation is fixed [, AND TO WHICH, WHENEVER ABSENT, THE PERSON HAS 03 THE INTENTION TO RETURN]. If a person resides in one place, but does business 04 in another, the former is the person's place of residence. Temporary work sites do not 05 constitute a dwelling place. 06 (3) A change of residence is made only by the act of removal joined 07 with the intent to remain in another place. There can only be one residence. 08 (4) A person does not lose residence if the person leaves home and 09 goes to another country, state, or place in this state for temporary purposes only [AND 10 WITH THE INTENT OF RETURNING]. 11 (5) A person does not gain residence in any place to which the person 12 comes without the present intention to establish a permanent dwelling at that place. 13 (6) A person loses residence in this state if the person votes in another 14 state's election, either in person or by absentee ballot, and will not be eligible to vote 15 in this state until again qualifying under AS 15.05.010. 16 (7) The term of residence is computed by including the day on which 17 the person's residence begins and excluding the day of election. 18 (8) The address of a voter as it appears on the official voter registration 19 record is presumptive evidence of the person's voting residence. This presumption is 20 negated only if the voter notifies the director in writing of a change of voting 21 residence. 22 * Sec. 6. AS 15.07.050(a) is amended to read: 23 (a) Registration may be made 24 (1) in person before a registration official or through a voter 25 registration agency; 26 (2) by another individual on behalf of the voter if the voter has 27 executed a written general power of attorney or a written special power of attorney 28 authorizing that other individual to register the voter; 29 (3) by mail; or 30 (4) by facsimile transmission, scanning, or another method of 31 electronic transmission that the director approves [; OR
01 (5) BY COMPLETING A PERMANENT FUND DIVIDEND 02 APPLICATION UNDER AS 43.23.015]. 03 * Sec. 7. AS 15.07.060(e) is amended to read: 04 (e) For an applicant requesting initial registration by mail, by facsimile or 05 other electronic transmission approved by the director under AS 15.07.050, [OR BY 06 COMPLETING A PERMANENT FUND DIVIDEND APPLICATION,] the director 07 shall verify the information provided in compliance with (a)(2) and (3) of this section 08 through state agency records described in AS 15.07.055(e). If the applicant cannot 09 comply with the requirement of (a)(2) of this section because the applicant has not 10 been issued any of the listed numbers, the applicant may instead submit a copy of one 11 of the following forms of identification: a driver's license, state identification card, 12 current and valid photo identification, birth certificate, passport, or hunting or fishing 13 license. 14 * Sec. 8. AS 15.07.070(f) is amended to read: 15 (f) Incomplete or inaccurate registration forms may not be accepted. A person 16 who submitted an incomplete or inaccurate registration form may register by 17 reexecuting and resubmitting a registration form in person, by mail, or by facsimile or 18 other electronic transmission approved by the director under AS 15.07.050. The 19 requirements of (c) or (d) of this section apply to a registration form resubmitted under 20 this subsection. [NOTWITHSTANDING THE FOREGOING, AN APPLICATION 21 MADE UNDER AS 43.23.015 THAT CONTAINS THE INFORMATION 22 REQUIRED BY AS 15.07.060(a)(1) - (4) AND (7) - (9), AND AN ATTESTATION 23 THAT SUCH INFORMATION IS TRUE, SHALL NOT BE DEEMED AN 24 INCOMPLETE REGISTRATION FORM AND SHALL BE ACCEPTED IN 25 ACCORDANCE WITH AS 15.07.070(i)]. 26 * Sec. 9. AS 15.07.130(a) is amended to read: 27 (a) Periodically, at times of the director's choosing, but no less frequently than 28 in January of each calendar year, the director shall examine the master register 29 maintained under AS 15.07.120 and shall send, by forwardable 30 [NONFORWARDABLE] mail to the voter's registration mailing address, a notice 31 requesting address confirmation or correction. The notice must explain that the
01 voter's registration will be inactivated unless the voter responds to the notice 02 within 45 days after the date the notice is sent. The director shall send the notice 03 to each voter 04 (1) whose mail from the division has been returned to the division in 05 the two years immediately preceding the examination of the register; 06 (2) who has not contacted the division in the two years immediately 07 preceding the examination of the register; [OR] 08 (3) who has not voted or appeared to vote in the two general elections 09 immediately preceding the examination of the register; 10 (4) who became ineligible to receive a permanent fund dividend 11 under AS 43.23.005 in the two years immediately preceding the examination of 12 the register; or 13 (5) who received a driver's license in another state in the two years 14 immediately preceding the examination of the register. 15 * Sec. 10. AS 15.07.130(b) is amended to read: 16 (b) If a registered voter does not respond to a notice sent under (a) of this 17 section within 45 days after the date the notice is sent, the director shall 18 inactivate the voter's registration [HAS NOT, WITHIN THE PRECEDING FOUR 19 CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 20 VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 21 BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 22 FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 23 OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 24 SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 25 VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 26 INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 27 LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 28 THIS SECTION]. The director shall maintain on the master register the name of a 29 voter whose registration is inactivated. The director shall cancel a voter's inactive 30 registration in accordance with the procedures set out in 52 U.S.C. 20507 [42 U.S.C. 31 1973GG-6] (sec. 8, National Voter Registration Act of 1993) after the second general
01 election that occurs after the registration becomes inactive if the voter does not contact 02 the division or vote or appear to vote. 03 * Sec. 11. AS 15.15.060(a) is amended to read: 04 (a) Immediately following the appointment of the election board, the election 05 supervisor in conjunction with the election board chair shall secure polling places for 06 holding the election, suitable ballot boxes that will assure security, and an adequate 07 number of voting booths or screens, national flags, pens, and pencils. At every polling 08 place, at least one voting booth shall be furnished and not less than one voting booth 09 or screen shall be furnished for each 100 votes or fractional part of 100 votes cast in 10 the previous election. [AT EVERY POLLING PLACE, AT LEAST ONE-HALF OF 11 THE VOTING BOOTHS USED SHALL BE NOT LESS THAN SIX FEET IN 12 HEIGHT, ENCLOSED ON THREE SIDES, AND PROVIDED WITH A CURTAIN 13 EXTENDING FROM THE TOP OF THE VOTING BOOTH TO WITHIN 14 APPROXIMATELY 30 INCHES OF THE FLOOR. THE CURTAIN OF THE 15 VOTING BOOTH MUST CONCEAL THE VOTER WHILE VOTING.] The election 16 supervisor and the election board chair may, in an emergency, secure an alternate 17 location for a polling place. 18 * Sec. 12. AS 15.15.060(b) is amended to read: 19 (b) To assure administrative economy and to protect the secrecy of the ballot, 20 the director may adopt regulations prescribing 21 (1) the type of polling place for holding the election; 22 (2) the requirements regarding ballot boxes, voting screens, national 23 flags, and other supplies; and 24 (3) [SUBJECT TO THE SPECIFICATIONS OF (a) OF THIS 25 SECTION,] the requirements regarding voting booths. 26 * Sec. 13. AS 15.15.380 is amended to read: 27 Sec. 15.15.380. Payment of election board members. The director shall pay 28 each election board member for time spent at election duties, including the receiving 29 of instructions. Election board chairpersons and the chairperson and members of the 30 absentee ballot, questioned ballot, and state ballot counting review boards shall be 31 paid for time spent at their election duties. The director shall set the compensation to
01 be paid under this section [BY REGULATION]. 02 * Sec. 14. AS 15.20.030 is amended to read: 03 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 04 director shall provide ballots for use as absentee ballots in all districts. The director 05 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 06 and shall provide a postage prepaid and pre-addressed return [AN] envelope with 07 the prescribed voter's certificate on it, in which the secrecy sleeve with ballot enclosed 08 shall be placed. The director shall prescribe the form of and prepare the voter's 09 certificate, envelopes, and other material used in absentee voting. The voter's 10 certificate shall include a declaration, for use when required, that the voter is a 11 qualified voter in all respects, a blank for the voter's signature, a certification that the 12 affiant properly executed the marking of the ballot and gave the voter's identity, blanks 13 for the attesting official or witness, and a place for recording the date the envelope was 14 sealed and witnessed. The envelope with the voter's certificate must include a notice 15 that false statements made by the voter or by the attesting official or witness on the 16 certificate are punishable by law. 17 * Sec. 15. AS 15.20.064(a) is amended to read: 18 (a) On or after the 15th day before an election and up to five days before 19 the date of the election [FOR 15 DAYS BEFORE AN ELECTION AND ON 20 ELECTION DAY], a qualified voter who meets the requirements set out in this 21 section may vote in locations designated by the director. 22 * Sec. 16. AS 15.20.072 is amended by adding a new subsection to read: 23 (h) The division may not reject a voter's special needs ballot based on an error 24 by an election official or representative on the register under (c) of this section or an 25 error by a representative under (d) of this section. 26 * Sec. 17. AS 15.20.081(e) is amended to read: 27 (e) A [AN ABSENTEE BALLOT MUST BE MARKED ON OR BEFORE 28 THE DATE OF THE ELECTION. EXCEPT AS PROVIDED IN (h) OF THIS 29 SECTION, A] voter who returns an [THE] absentee ballot by mail, whether provided 30 to the voter by mail or by electronic transmission, shall use a mail service at least 31 equal to first class and mail the ballot [NOT LATER THAN THE DAY OF THE
01 ELECTION] to the election supervisor for the house district in which the voter seeks 02 to vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 03 received by the close of business on or before election day [THE 10TH DAY 04 AFTER THE ELECTION. IF THE BALLOT IS POSTMARKED, IT MUST BE 05 POSTMARKED ON OR BEFORE ELECTION DAY. AFTER THE DAY OF THE 06 ELECTION, BALLOTS MAY NOT BE ACCEPTED UNLESS RECEIVED BY 07 MAIL]. 08 * Sec. 18. AS 15.20.170 is amended to read: 09 Sec. 15.20.170. Disposition of ballots. Each absentee voting official shall 10 transmit the dated envelopes containing the marked ballots by the most expeditious 11 mail service to the election supervisor for the district. In this section, "mail service" 12 includes delivery by optical scanning and electronic transmission. [UPON 13 RECEIPT OF THE ABSENTEE BALLOTS THE ELECTION SUPERVISOR 14 SHALL STAMP ON THE ENVELOPE THE DATE ON WHICH THE BALLOT IS 15 RECEIVED.] 16 * Sec. 19. AS 15.20.201(a) is amended to read: 17 (a) No less than 10 [SEVEN] days preceding the day of election, the election 18 supervisor, in the presence and with the assistance of the district absentee ballot 19 counting board, shall review all voter certificates of absentee ballots received by that 20 date. The review of absentee ballots shall continue at times designated by the election 21 supervisor until completed. 22 * Sec. 20. AS 15.20.220(b) is amended to read: 23 (b) The state review board shall review and count absentee ballots under 24 AS 15.20.081(e) [AND (h)] and questioned ballots that have been forwarded to the 25 director and that have not been reviewed or counted by a district counting board. 26 * Sec. 21. AS 15.20.480 is amended to read: 27 Sec. 15.20.480. Procedure for recount. In conducting the recount, the director 28 shall review all ballots, whether the ballots were counted at the precinct or by 29 computer or by the district absentee counting board or the questioned ballot counting 30 board, to determine which ballots, or part of ballots, were properly marked and which 31 ballots are to be counted in the recount, and shall check the accuracy of the original
01 count, the precinct certificate, and the review. [THE DIRECTOR SHALL COUNT 02 ABSENTEE BALLOTS RECEIVED BEFORE THE COMPLETION OF THE 03 RECOUNT.] For administrative purposes, the director may join and include two or 04 more applications in a single review and count of votes. The rules in AS 15.15.360 05 governing the counting of ballots shall be followed in the recount when a ballot is 06 challenged on the basis of a question regarding the voter's intent to vote for the 07 candidate, proposition, or question. The ballots and other election material must 08 remain in the custody of the director during the recount, and the highest degree of care 09 shall be exercised to protect the ballots against alteration or mutilation. The recount 10 shall be completed within 10 days. The director may employ additional personnel 11 necessary to assist in the recount. 12 * Sec. 22. AS 15.20.800(a) is amended to read: 13 (a) The director may conduct an election by mail if it is 14 (1) held at a time other than when the general, party primary, or 15 municipal election is held; or 16 (2) for a community with a population of 750 or less. 17 * Sec. 23. AS 15.58.010 is amended to read: 18 Sec. 15.58.010. Election pamphlet. Before each state general election, and 19 before each state primary, special, or special primary election at which a ballot 20 proposition is scheduled to appear on the ballot, the lieutenant governor shall prepare 21 and publish an election pamphlet consistent with AS 15.58.020 [, PUBLISH, AND 22 MAIL AT LEAST ONE ELECTION PAMPHLET TO EACH HOUSEHOLD 23 IDENTIFIED FROM THE OFFICIAL REGISTRATION LIST]. The pamphlet shall 24 be prepared and published on a regional basis as determined by the lieutenant 25 governor. 26 * Sec. 24. AS 43.23.110(a) is amended to read: 27 (a) Information [EXCEPT AS PROVIDED IN (c) OF THIS SECTION, 28 INFORMATION] on each permanent fund dividend application, except the applicant's 29 name, is confidential. The department may only release information that is 30 confidential under this section 31 (1) to a local, state, or federal government agency;
01 (2) in compliance with a court order; 02 (3) to the individual who or agency that files an application on behalf 03 of another; 04 (4) to a banking institution to verify the direct deposit of a permanent 05 fund dividend or correct an error in that deposit; 06 (5) as directed to do so by the applicant; 07 (6) to a contractor who has a contract with a person entitled to obtain 08 the information under (1) - (5) of this section to receive, store, or manage the 09 information on that person's behalf; a contractor receiving data under this paragraph 10 may only use the data as directed by and for the purposes of the person entitled to 11 obtain the information; 12 (7) to the division of elections [AS REQUIRED BY AS 43.23.101]. 13 * Sec. 25. AS 15.07.070(i), 15.07.070(j), 15.07.070(k), 15.07.070(l); AS 15.20.081(h); 14 AS 43.23.015(b)(3), 43.23.101, and 43.23.110(c) are repealed. 15 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 TRANSITION. The terms of regional school board members serving on the effective 18 date of this Act are not affected by this Act. Their terms expire as provided before the 19 enactment of this Act.