SB 52: "An Act relating to the day on which ballots are counted in an election; relating to absentee voting; and relating to early voting."
00 SENATE BILL NO. 52 01 "An Act relating to the day on which ballots are counted in an election; relating to 02 absentee voting; and relating to early voting." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.15.350(b) is amended to read: 05 (b) Except as provided in AS 15.15.370(b), all ballots shall [BALLOTS 06 MAY NOT] be tabulated and counted on or before 11:59 p.m. Alaska [8:00 p.m., 07 LOCAL] time [,] on the day of the election. 08 * Sec. 2. AS 15.15.370 is amended to read: 09 Sec. 15.15.370. Completion of ballot count; ballot delivery; certificate. 10 When the count of ballots is completed, and [IN] no [EVENT] later than 11:59 p.m. 11 Alaska time on the day of [AFTER] the election, the election board shall make a 12 certificate in duplicate of the results. However, the director may delay the 13 certificate of the results in order to receive and count ballots delivered under (b) 14 of this section. The certificate includes the number of votes cast for each candidate,
01 including, for a candidate in a general election, the number of votes at each round of 02 the ranked-choice tabulation process under AS 15.15.350, the number of votes for and 03 against each proposition, yes or no on each question, and any additional information 04 prescribed by the director. The election board shall, immediately upon completion of 05 the certificate or as soon thereafter as the local mail service permits, send in one sealed 06 package to the director one copy of the certificate and the register. In addition, all 07 ballots properly cast shall be delivered [MAILED] to the director in a separate, sealed 08 package. Both packages, in addition to an address on the outside, shall clearly indicate 09 the precinct from which they come. Each board shall, immediately upon completion of 10 the certification and as soon thereafter as the local mail service permits, send the 11 duplicate certificate to the respective election supervisor. The director may authorize 12 election boards in precincts in those areas of the state where distance and weather 13 make mail communication unreliable to forward their election results by telephone or 14 radio. The director may authorize the unofficial totaling of votes on a regional basis by 15 election supervisors, tallying the votes as indicated on duplicate certificates. To ensure 16 adequate protection, the director shall prescribe the manner in which the ballots, 17 registers, and all other election records and materials are thereafter preserved, 18 transferred, and destroyed. 19 * Sec. 3. AS 15.15.370 is amended by adding a new subsection to read: 20 (b) If ballots that were properly cast in an election are not delivered to the 21 director on the day of the election as a result of weather or an aircraft mechanical 22 issue, the ballots must be stored in a transparent, secured container in view of a video 23 recording device. The ballots shall be delivered to the director on the first day possible 24 after the weather improves or the aircraft mechanical issue is resolved. 25 * Sec. 4. AS 15.20.064(a) is amended to read: 26 (a) Beginning [FOR] 15 days before an election and ending the Saturday 27 immediately preceding the day of the [ON] election [DAY], a qualified voter who 28 meets the requirements set out in this section may vote in locations designated by the 29 director. 30 * Sec. 5. AS 15.20.064(c) is amended to read: 31 (c) After the voter has marked the ballot, the voter shall place the ballot in the
01 secrecy sleeve and inform the election supervisor or other election official. The voter 02 shall deposit the ballot in the ballot box in the presence of the election supervisor or 03 other election official unless the voter requests the election supervisor or other election 04 official to deposit the ballot on the voter's behalf. Early voting ballots shall be 05 tabulated not later than 11:59 p.m. Alaska [THE TABULATION OF EARLY 06 VOTING BALLOTS MAY NOT BEGIN BEFORE 8:00 p.m. PREVAILING] time on 07 the day of the election [DAY]. 08 * Sec. 6. AS 15.20.081(e) is amended to read: 09 (e) An absentee ballot must be marked on or before the day [DATE] of the 10 election. A [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, A] voter who 11 returns the absentee ballot by mail, whether provided to the voter by mail or by 12 electronic transmission, shall use a mail service at least equal to first class and mail the 13 ballot [NOT LATER THAN THE DAY OF THE ELECTION] to the election 14 supervisor for the house district in which the voter seeks to vote. A [EXCEPT AS 15 PROVIDED IN AS 15.20.480, THE] ballot may not be counted if [UNLESS] it is 16 received after the day of [BY THE CLOSE OF BUSINESS ON THE 10TH DAY 17 AFTER] the election. If the ballot is postmarked, it must be postmarked on or before 18 election day. [AFTER THE DAY OF THE ELECTION, BALLOTS MAY NOT BE 19 ACCEPTED UNLESS RECEIVED BY MAIL.] 20 * Sec. 7. AS 15.20.081(h) is amended to read: 21 (h) An [EXCEPT AS PROVIDED IN AS 15.20.480, AN] absentee ballot 22 returned by mail from outside the United States or from an overseas voter qualifying 23 under AS 15.05.011 that has been marked and mailed not later than election day may 24 not be counted unless the ballot is received by the election supervisor not later than the 25 close of business on the 26 [(1) 10TH] day of the [FOLLOWING A PRIMARY] election [OR 27 SPECIAL PRIMARY ELECTION UNDER AS 15.40.140; OR 28 (2) 15TH DAY FOLLOWING A GENERAL ELECTION OR 29 SPECIAL ELECTION, OTHER THAN A SPECIAL PRIMARY ELECTION 30 DESCRIBED IN (1) OF THIS SUBSECTION]. 31 * Sec. 8. AS 15.20.081(k) is amended to read:
01 (k) The director shall send an absentee ballot and other voting material to 02 an absent uniformed services voter or an overseas voter 03 (1) at least 60 days before an election if the voter submits an 04 application to the division at least 60 days before an election; or 05 (2) at least 45 days before an election in [IN] accordance with 52 06 U.S.C. 20302(a)(8)(A) if the voter submits [42 U.S.C. 1973ff-1(a)(8)(A), IF] an 07 application to the division [IS RECEIVED] at least 45 days before an election [AND 08 IS FROM AN ABSENT UNIFORMED SERVICES VOTER OR AN OVERSEAS 09 VOTER, THE DIRECTOR SHALL SEND AN ABSENTEE BALLOT AND OTHER 10 VOTING MATERIAL TO THE APPLICANT NOT LATER THAN 45 DAYS 11 BEFORE THE ELECTION]. 12 * Sec. 9. AS 15.20.201(b) is amended to read: 13 (b) Counting of absentee ballots that have been reviewed shall conclude by 14 11:59 p.m. Alaska [BEGIN AT 8:00 p.m., LOCAL] time [,] on the day of the election 15 at places designated by each election supervisor [AND SHALL CONTINUE UNTIL 16 ALL ABSENTEE BALLOTS REVIEWED AND ELIGIBLE FOR COUNTING 17 HAVE BEEN COUNTED]. The counting teams shall report the count of absentee 18 ballots to the district absentee ballot counting board. An election supervisor or an 19 election official may not count absentee ballots after 11:59 p.m. Alaska [BEFORE 20 8:00 p.m., LOCAL] time [,] on the day of the election. [COUNTING OF THE 21 ABSENTEE BALLOTS SHALL CONTINUE AT TIMES DESIGNATED BY THE 22 ELECTION SUPERVISOR UNTIL ALL ABSENTEE BALLOTS ARE COUNTED.] 23 * Sec. 10. AS 15.20.201(c) is amended to read: 24 (c) Not later than 11:59 p.m. Alaska time on the [15TH DAY FOLLOWING 25 THE] day of the election, the district absentee ballot counting board shall certify the 26 absentee ballot review. 27 * Sec. 11. AS 15.20.203(b) is amended to read: 28 (b) An absentee ballot may not be counted if 29 (1) the voter has failed to properly execute the certificate; 30 (2) an official or the witnesses authorized by law to attest the voter's 31 certificate fail to execute the certificate, except that an absentee ballot cast in person
01 and accepted by an absentee voting official or election supervisor may be counted 02 despite failure of the absentee voting official or election supervisor to properly sign 03 and date the voter's certificate as attesting official as required under AS 15.20.061(c); 04 (3) the ballot is not attested on or before the day [DATE] of the 05 election; 06 (4) the ballot, if postmarked, is not postmarked on or before the day 07 [DATE] of the election; 08 (5) the ballot is received after the day of the election [, THE 09 BALLOT WAS DELIVERED BY A MEANS OTHER THAN MAIL]; or 10 (6) the voter voted 11 (A) in person and is a 12 (i) first-time voter who initially registered by mail or by 13 facsimile or other electronic transmission approved by the director 14 under AS 15.07.050, has not provided the identification required by 15 AS 15.15.225(a), was not eligible for waiver of the identification 16 requirement under AS 15.15.225(b), and has not provided the 17 identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 18 through state agency records described in AS 15.07.055(e); or 19 (ii) voter other than one described in (i) of this 20 subparagraph, did not provide identification described in 21 AS 15.15.225(a), was not personally known by the election official, 22 and has not provided the identifiers required in AS 15.07.060(a)(2) and 23 (3); or 24 (B) by mail or electronic transmission, is a first-time voter who 25 initially registered by mail or by facsimile or other electronic transmission 26 approved by the director under AS 15.07.050 to vote, has not met the 27 identification requirements set out in AS 15.07.060, and does not submit with 28 the ballot a copy of a 29 (i) driver's license, state identification card, current and 30 valid photo identification, birth certificate, passport, or hunting or 31 fishing license; or
01 (ii) current utility bill, bank statement, paycheck, 02 government check, or other government document; an item described 03 in this sub-subparagraph must show the name and current address of 04 the voter. 05 * Sec. 12. AS 15.20.220(b) is amended to read: 06 (b) The state review board shall review and count absentee ballots under 07 AS 15.20.081(e) [AND (h)] and questioned ballots that have been forwarded to the 08 director and that have not been reviewed or counted by a district counting board. 09 * Sec. 13. AS 15.20.480 is amended to read: 10 Sec. 15.20.480. Procedure for recount. In conducting the recount, the director 11 shall review all ballots, whether the ballots were counted at the precinct or by 12 computer or by the district absentee counting board or the questioned ballot counting 13 board, to determine which ballots, or part of ballots, were properly marked and which 14 ballots are to be counted in the recount, and shall check the accuracy of the original 15 count, the precinct certificate, and the review. The director shall count absentee ballots 16 received on or before the day of the election [COMPLETION OF THE RECOUNT]. 17 For administrative purposes, the director may join and include two or more 18 applications in a single review and count of votes. The rules in AS 15.15.360 19 governing the counting of ballots shall be followed in the recount when a ballot is 20 challenged on the basis of a question regarding the voter's intent to vote for the 21 candidate, proposition, or question. The ballots and other election material must 22 remain in the custody of the director during the recount, and the highest degree of care 23 shall be exercised to protect the ballots against alteration or mutilation. The recount 24 shall be completed within 10 days. The director may employ additional personnel 25 necessary to assist in the recount.