HCS CSSB 64(FIN): "An Act relating to elections; relating to voters; relating to voting; relating to voter registration; relating to election administration; relating to campaign contributions; relating to write-in candidates for President and Vice-President of the United States; relating to the crimes of unlawful interference with voting in the first degree, unlawful interference with an election, and election official misconduct; relating to voter registration on permanent fund dividend applications; relating to the duties of the commissioner of revenue; and providing for an effective date."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 64(FIN) 01 "An Act relating to elections; relating to voters; relating to voting; relating to voter 02 registration; relating to election administration; relating to campaign contributions; 03 relating to write-in candidates for President and Vice-President of the United States; 04 relating to the crimes of unlawful interference with voting in the first degree, unlawful 05 interference with an election, and election official misconduct; relating to voter 06 registration on permanent fund dividend applications; relating to the duties of the 07 commissioner of revenue; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 15.07.060(c) is amended to read: 10 (c) Each applicant who requests registration in person before a registration 11 official shall exhibit one form of identification to the official, including a driver's 12 license, state identification card, current and valid photo identification, birth 13 certificate, passport, or identification card issued by a federally recognized tribe
01 [HUNTING OR FISHING LICENSE]. A registration official who knows the identity 02 of the applicant may waive the identification requirement. 03 * Sec. 2. 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 shall verify the 07 information provided in compliance with (a)(2) and (3) of this section through state 08 agency records described in AS 15.07.055(e). If the applicant cannot comply with the 09 requirement of (a)(2) of this section because the applicant has not been issued any of 10 the listed numbers, the applicant may instead submit a copy of one of the following 11 forms of identification: a driver's license, state identification card, current and valid 12 photo identification, birth certificate, passport, or identification card issued by a 13 federally recognized tribe [HUNTING OR FISHING LICENSE]. 14 * Sec. 3. AS 15.07.070 is amended by adding new subsections to read: 15 (n) The division may use information provided by the Department of Revenue 16 under AS 43.23.015 and 43.23.101 only to register a voter and conduct voter roll 17 maintenance. Except as provided in AS 15.07.195(c), the division may not disclose 18 confidential information obtained from the Department of Revenue. 19 (o) The division, in cooperation with the Department of Revenue, shall submit 20 an annual report to the governor and to the senate secretary and chief clerk of the 21 house of representatives on or before the first day of each regular session of the 22 legislature and notify the legislature that the report is available. The report shall detail 23 (1) the number of permanent fund dividend applicant records shared 24 with the division during the previous year; 25 (2) the effect that shared permanent fund dividend applications had on 26 voter roll maintenance under (n) of this section and on election integrity; and 27 (3) security measures taken to protect voter information. 28 (p) In this section, "voter roll maintenance" includes confirming the residency 29 of a registered voter, identifying duplicate registrations, detecting voters who have 30 moved, and detecting voters who are ineligible to vote under AS 15.05. 31 * Sec. 4. AS 15.07.130(a) is amended to read:
01 (a) Periodically, at times of the director's choosing, but not [NO] less 02 frequently than in January of each calendar year, the director shall examine the master 03 register maintained under AS 15.07.120 and shall send, by forwardable 04 [NONFORWARDABLE] mail to the voter's registration mailing address, and to the 05 voter's electronic mail address, if available, a notice requesting address 06 confirmation or correction. The notice must explain that the voter's registration 07 will be inactivated unless the voter responds to the notice within 45 days after the 08 date the notice is sent. The director shall send the notice to each voter 09 (1) whose mail from the division has been returned to the division in 10 the two years immediately preceding the examination of the register; 11 (2) who has not contacted the division in the two years immediately 12 preceding the examination of the register and [; OR (3)] who has not voted or 13 appeared to vote in the 28 months [TWO GENERAL ELECTIONS] immediately 14 preceding the examination of the register; or 15 (3) who the division has learned, after registering to vote in this 16 state and during the 28 months immediately preceding the examination of the 17 register, has 18 (A) registered to vote in another state; 19 (B) received a driver's license from another state; 20 (C) registered a vehicle in another state; 21 (D) received public assistance from another state; 22 (E) served on a jury in another state; 23 (F) received a homestead or residential property tax 24 exemption in another state; or 25 (G) received a benefit available only to residents of another 26 state. 27 * Sec. 5. AS 15.07.130(b) is amended to read: 28 (b) If a registered voter does [HAS] not respond to a notice sent under (a) of 29 this section within 45 days after the date the notice is sent, the director shall 30 inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 31 CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER
01 VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 02 BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 03 FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 04 OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 05 SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 06 VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 07 INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 08 LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 09 THIS SECTION]. The director shall maintain on the master register the name of a 10 voter whose registration is inactivated. The director shall cancel a voter's inactive 11 registration in accordance with the procedures set out in 52 U.S.C. 20507 [42 U.S.C. 12 1973gg-6 (SEC. 8, NATIONAL VOTER REGISTRATION ACT OF 1993)] after the 13 second general election that occurs after the registration becomes inactive if the voter 14 does not contact the division or vote or appear to vote. 15 * Sec. 6. AS 15.07.130(d) is amended to read: 16 (d) The notice sent under (a) [(b)] of this section must include a postage 17 prepaid and pre-addressed return card on which the voter may state the voter's current 18 address. The notice must indicate 19 (1) that the voter should return the card not later than 45 days after the 20 date of the notice if the voter did not change residence; 21 (2) that failure to return the card by the 45-day deadline could result in 22 removal of the voter's name from the official registration list for a subsequent election; 23 (3) that the voter's registration will be cancelled if the voter does not 24 contact the division during, or vote or appear to vote in an election held during, the 25 period beginning on the date of the notice and ending on the day after the last day of 26 the 34th month [FOURTH CALENDAR YEAR] that occurs after the date of notice; 27 and 28 (4) how the voter can continue to be eligible to vote if the voter has 29 changed residence. 30 * Sec. 7. AS 15.07.130(f) is amended to read: 31 (f) For the purpose of this section, a voter "contacts" the division if the voter
01 notifies the division of a change of address, responds to a notice sent under this 02 section, signs a petition for a ballot measure, requests a new voter registration card, or 03 otherwise communicates with the division other than to vote or register to vote. An 04 individual does not "contact" the division by applying for a permanent fund 05 dividend, unless the application for a permanent fund dividend is the voter's 06 initial registration. 07 * Sec. 8. AS 15.07.130 is amended by adding new subsections to read: 08 (g) The division shall adopt regulations to review voter registration records 09 and update the master register. The regulations must include reviews for deceased 10 voters, persons convicted of a felony involving moral turpitude, persons not qualified 11 to vote under AS 15.05, persons registered to vote in another state, whether the 12 number of registered voters on the master register exceeds the number of eligible 13 voters in the state, and voter registration information data breaches. In conducting 14 these reviews, the division shall, to the extent possible, gather and examine available 15 data from other states and information from the United States Postal Service 16 forwarding databases, one or more systems for verifying citizenship, motor vehicle 17 records, Department of Corrections records, property and sales tax records, United 18 States Social Security Administration databases, jury duty records, National Change of 19 Address records, and similar records. The division shall also review evidence that a 20 person has undertaken the following activities in another state: 21 (1) registered to vote; 22 (2) obtained a driver's license; 23 (3) registered a vehicle; 24 (4) received public assistance; 25 (5) served on a jury in another state; or 26 (6) received a benefit available only to residents of another state. 27 (h) In performing its review under (g) of this section, the division may not 28 transmit information made confidential under AS 15.07.195 to a person, 29 nongovernmental organization, or government agency outside the division unless 30 (1) the information is encrypted; and 31 (2) the person, nongovernmental organization, or government agency
01 receiving the information 02 (A) uses the information only to assist the division in carrying 03 out (g) of this section; 04 (B) agrees that the person, nongovernmental organization, or 05 government agency will not retain the information after assisting the division; 06 and 07 (C) agrees that the person, nongovernmental organization, or 08 government agency will not transmit the information to another person, 09 nongovernmental organization, government agency, or other entity. 10 (i) The division shall, in consultation with an external, nationally recognized 11 subject-matter expert selected by the division, annually audit the master register. The 12 division shall consider the subject-matter expert's recommendations. By April 1 of 13 each year, the division shall publish a report describing the most recent audit and 14 accounting for the criteria reviewed under (g) of this section. The report must include 15 the expert's recommendations, identify protocols used under (g) of this section, 16 provide election information including the number of voters on the master register and 17 the total population eligible to vote, and highlight voting data problems, irregularities, 18 errors, and vulnerabilities identified in the audit. The division shall submit the report 19 to the senate secretary and the chief clerk of the house of representatives and notify the 20 legislature that the report is available on or before the date the report is published. 21 (j) If the division reasonably determines that a voter is away from the state for 22 a reason permissible under AS 15.05.011 or another state or federal law related to 23 voting in elections, the division is not required to send a notice to the voter under 24 (a)(3) of this section. 25 (k) In addition to a notice or response required under this section, at any time 26 the division may contact a voter to obtain or a voter may contact the division to 27 provide information to determine the voter's residence. 28 * Sec. 9. AS 15.07.195 is amended by adding new subsections to read: 29 (e) The director shall publish on the division's Internet website notice of the 30 nature and severity of a data breach of information made confidential by this section 31 and report the details of the breach to the president of the senate and the speaker of the
01 house of representatives 02 (1) before the day of an election, if the data breach happens or is 03 discovered within 14 days before an election; 04 (2) before certifying the results of an election, if the data breach 05 happens or is discovered on or after the day of the election but before certification of 06 the election results; or 07 (3) within 30 days after the data breach, if the data breach happens or 08 is discovered 14 or more days before an election or after the certification of the 09 election results. 10 (f) Notwithstanding (e) of this section, the director may delay publishing 11 notice of a data breach if a law enforcement agency investigating the data breach 12 informs the director that disclosure of the data breach would compromise an ongoing 13 investigation into the data breach. 14 * Sec. 10. AS 15.10.105 is amended by adding a new subsection to read: 15 (c) The director shall employ a rural community liaison. The rural community 16 liaison shall collaborate with tribes and municipalities to facilitate access in rural areas 17 of the state to absentee voting and, where it is available, early voting and ensure that 18 precincts in rural areas of the state are adequately staffed. 19 * Sec. 11. AS 15.13.400(19) is amended to read: 20 (19) "true source" means, 21 (A) for a contribution made for the purpose of influencing a 22 ballot proposition or question, the person or legal entity that makes the 23 contribution or independent expenditure to support or oppose the 24 proposition or question; or 25 (B) for a contribution made for the purpose of influencing 26 the nomination or election of a candidate, 27 (i) the person or legal entity whose contribution is 28 funded from wages, investment income, inheritance, or revenue 29 generated from selling goods or services; 30 (ii) a person or legal entity who derives [DERIVED] 31 funds via contributions, donations, dues, or gifts is not the true source
01 [,] but is [RATHER] an intermediary for the true source except that, 02 for a contribution from [; NOTWITHSTANDING THE 03 FOREGOING, TO THE EXTENT] a membership organization that 04 receives dues or contributions of less than $2,000 per person per year, 05 the organization itself is [SHALL BE CONSIDERED] the true source. 06 * Sec. 12. AS 15.15.030 is amended to read: 07 Sec. 15.15.030. Preparation of official ballot. The director shall prepare all 08 official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to 09 reflect most accurately the intent of the voter, and to expedite the administration of 10 elections. The following directives shall be followed when applicable: 11 (1) The director shall determine the size of the ballot, the type of print, 12 necessary additional instruction notes to voters, and other similar matters of form not 13 provided by law. 14 (2) The director shall number ballots in series to ensure simplicity and 15 secrecy and to prevent fraud. 16 (3) The director shall contract for the preparation of ballots under 17 AS 36.30 (State Procurement Code). 18 (4) The director may not include on the ballot, as a part of a candidate's 19 name, any honorary or assumed title or prefix but may include in the candidate's name 20 any nickname or familiar form of a proper name of the candidate. 21 (5) The names of the candidates shall be placed in separate sections on 22 the state general election ballot under the office designation to which they were 23 nominated. If a candidate is registered as affiliated with a political party or political 24 group, the party affiliation, if any, may be designated after the name of the candidate, 25 upon request of the candidate. If a candidate has requested designation as nonpartisan 26 or undeclared, that designation shall be placed after the name of the candidate. If a 27 candidate is not registered as affiliated with a political party or political group and has 28 not requested to be designated as nonpartisan or undeclared, the candidate shall be 29 designated as undeclared. The lieutenant governor and the governor shall be included 30 under the same section. Provision shall be made for voting for write-in candidates 31 within each section. Paper ballots for the state general election shall be printed on
01 white paper. 02 (6) The names of the candidates for each office shall be set out in the 03 same order on ballots printed for use in each house district. The director shall 04 randomly determine the order of the names of the candidates for state representative 05 for each house district. The director shall rotate the order of placement of the names of 06 candidates for governor, lieutenant governor, United States senator, United States 07 representative, and state senator on the ballot for each house district. 08 (7) The general election ballot shall be designed with the names of 09 candidates of each political party, and of any independent candidates qualified under 10 AS 15.30.026, for the office of President and Vice-President of the United States 11 placed in the same section on the ballot rather than the names of electors of President 12 and Vice-President. Provision shall be made for voting for write-in candidates for 13 President and Vice-President. 14 (8) The general or special election ballot shall be designed with the 15 title and proposition for any initiative, referendum, or constitutional amendment 16 formulated as prescribed by law and placed on the ballot in the manner prescribed by 17 the director. When placed on the ballot, a state ballot proposition or ballot question 18 shall carry the number that was assigned to the petition for the proposition or question. 19 Provision shall be made for marking the proposition "Yes" or "No." 20 (9) The general or special election ballot shall be designed with the 21 question of whether a constitutional convention shall be called placed on the ballot in 22 the following manner: "Shall there be a constitutional convention?" Provision shall be 23 made for marking the question "Yes" or "No." 24 (10) A nonpartisan ballot shall be designed for each judicial district in 25 which a justice or judge is seeking retention in office. The ballot shall be divided into 26 four parts. Each part must bear a heading indicating the court to which the candidate is 27 seeking approval, and provision shall be made for marking each question "Yes" or 28 "No." Within each part, the question of whether the justice or judge shall be approved 29 or rejected shall be set out in substantially the following manner: 30 (A) "Shall ....... be retained as justice of the supreme court for 31 10 years?";
01 (B) "Shall ....... be retained as judge of the court of appeals for 02 eight years?"; 03 (C) "Shall ....... be retained as judge of the superior court for six 04 years?"; or 05 (D) "Shall ....... be retained as judge of the district court for four 06 years?" 07 (11) When the legislature by law authorizes a state debt for capital 08 improvements, the director shall place the question of whether the specific 09 authorization shall be ratified by placing the ballot title and question on the next 10 general election ballot, or on the special election ballot if a special election is held for 11 the purpose of ratifying the state debt for capital improvements before the time of the 12 next general election. Unless specifically provided otherwise in the Act authorizing 13 the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate 14 the general subject of the Act. The question shall, by the use of a few sentences in a 15 succinct manner, give a true and impartial summary of the Act authorizing the state 16 debt. The question of whether state debt shall be contracted shall be assigned a letter 17 of the alphabet on the ballot. Provision shall be made for marking the question 18 substantially as follows: 19 "Bonds....... Yes" or "Bonds....... No," 20 followed by an appropriate oval. 21 (12) The director may provide for the optical scanning of ballots where 22 the requisite equipment is available. 23 (13) The director may provide for voting by use of electronically 24 generated ballots by a voter who requests to use a machine that produces electronically 25 generated ballots. 26 (14) The director shall include the following statement on the ballot: 27 A candidate's designated affiliation does not imply that 28 the candidate is nominated or endorsed by the political 29 party or group or that the party or group approves of or 30 associates with that candidate, but only that the 31 candidate is registered as affiliated with the political
01 party or political group. 02 (15) Instead of the statement provided by (14) of this section, when 03 candidates for President and Vice-President of the United States appear on a general 04 election ballot, the director shall include the following statement on the ballot: 05 A candidate's designated affiliation does not imply that 06 the candidate is nominated or endorsed by the political 07 party or political group or that the political party or 08 political group approves of or associates with that 09 candidate, but only that the candidate is registered as 10 affiliated with the party or group. The election for 11 President and Vice-President of the United States is 12 different. Some candidates for President and Vice- 13 President are the official nominees of their political 14 party. 15 (16) The director shall design the general election ballots so that the 16 candidates are selected by ranked-choice voting. 17 (17) The director shall design the general election ballot to direct the 18 voter to mark candidates in order of preference and to mark as many choices as the 19 voter wishes, but not to assign the same ranking to more than one candidate for the 20 same office. 21 * Sec. 13. AS 15.15.060(a) is amended to read: 22 (a) Immediately following the appointment of the election board, the election 23 supervisor in conjunction with the election board chair shall secure polling places for 24 holding the election, suitable ballot boxes that will ensure [ASSURE] security, and an 25 adequate number of voting booths or screens, national flags, pens, and pencils. At 26 every polling place, at least one voting booth shall be furnished and not less than one 27 voting booth or screen shall be furnished for each 100 votes or fractional part of 100 28 votes cast in the previous election. [AT EVERY POLLING PLACE, AT LEAST 29 ONE-HALF OF THE VOTING BOOTHS USED SHALL BE NOT LESS THAN SIX 30 FEET IN HEIGHT, ENCLOSED ON THREE SIDES, AND PROVIDED WITH A 31 CURTAIN EXTENDING FROM THE TOP OF THE VOTING BOOTH TO
01 WITHIN APPROXIMATELY 30 INCHES OF THE FLOOR. THE CURTAIN OF 02 THE VOTING BOOTH MUST CONCEAL THE VOTER WHILE VOTING.] The 03 election supervisor and the election board chair may, in an emergency, secure an 04 alternate location for a polling place. 05 * Sec. 14. AS 15.15.060(b) is amended to read: 06 (b) To ensure [ASSURE] administrative economy and to protect the secrecy 07 of the ballot, the director may adopt regulations prescribing 08 (1) the type of polling place for holding the election; 09 (2) the requirements regarding ballot boxes, voting screens, national 10 flags, and other supplies; and 11 (3) [SUBJECT TO THE SPECIFICATIONS OF (a) OF THIS 12 SECTION,] the requirements regarding voting booths. 13 * Sec. 15. AS 15.15.225(a) is amended to read: 14 (a) Before being allowed to vote, each voter shall exhibit to an election official 15 one form of identification, including 16 [(1)] an official voter registration card, driver's license, state 17 identification card, current and valid photo identification, birth certificate, passport, or 18 identification card issued by a federally recognized tribe [HUNTING OR 19 FISHING LICENSE; OR 20 (2) AN ORIGINAL OR A COPY OF A CURRENT UTILITY BILL, 21 BANK STATEMENT, PAYCHECK, GOVERNMENT CHECK, OR OTHER 22 GOVERNMENT DOCUMENT; AN ITEM EXHIBITED UNDER THIS 23 PARAGRAPH MUST SHOW THE NAME AND CURRENT ADDRESS OF THE 24 VOTER]. 25 * Sec. 16. AS 15.15.360(d) is amended to read: 26 (d) Write-in votes shall be counted according to the following rules: 27 (1) writing in the name of a candidate whose name is printed on the 28 ballot does not invalidate a write-in vote unless the director determines, on the basis of 29 other evidence, that the ballot was so marked for the purpose of identifying the ballot; 30 (2) in order to vote for a write-in candidate, the voter must write in the 31 candidate's name in the space provided and fill in the oval opposite the candidate's
01 name in accordance with (a)(1) of this section; 02 (3) a vote for a write-in candidate, other than a write-in vote for 03 governor and lieutenant governor or for President and Vice-President of the United 04 States, shall be counted if the oval is filled in for that candidate and if the name of the 05 candidate, as it appears on the write-in declaration of candidacy, or the last name of 06 the candidate is written in the space provided; 07 (4) if the write-in vote is for governor and lieutenant governor, the vote 08 shall be counted if the oval is filled in and the names of the candidates for governor 09 and lieutenant governor, as they appear on the write-in declaration of candidacy, or the 10 last names of the candidates for governor and lieutenant governor, or the name of the 11 candidate for governor, as it appears on the write-in declaration of candidacy, or the 12 last name of the candidate for governor is written in the space provided; 13 (5) if the write-in vote is for President and Vice-President of the 14 United States, the vote shall be counted if the oval is filled in and the names of the 15 candidates for President and Vice-President, as they appear on the write-in 16 declaration of candidacy, or the last names of the candidates for President and 17 Vice-President, or the name of the candidate for President, as it appears on the 18 write-in declaration of candidacy, or the last name of the candidate for President 19 is written in the space provided; 20 (6) in counting votes for a write-in candidate, the director shall 21 disregard any abbreviation, misspelling, or other minor variation in the form of the 22 name of a candidate if the intention of the voter can be ascertained. 23 * Sec. 17. AS 15.15.370 is amended by adding new subsections to read: 24 (b) Each day that the director releases unofficial totals of election results for a 25 general election, the director shall also 26 (1) release an updated tabulation; 27 (2) identify the precincts that have been counted; 28 (3) identify the days on which absentee ballots have been logged and 29 counted, including a summary of the count codes used on ballots in each district each 30 day; 31 (4) identify the districts in which early votes were cast and the days on
01 which votes were cast in each district; and 02 (5) identify the precincts and count codes of questioned ballots that 03 have been counted. 04 (c) Each day that an absentee ballot is reviewed under AS 15.20.201 or a 05 questioned ballot is reviewed under AS 15.20.207, the director shall display on the 06 division's Internet website an updated unofficial total detailing the number of absentee 07 ballots and questioned ballots counted for each count code. 08 (d) In this section, "count code" means a code assigned to a ballot by the 09 division that designates the races in which the ballot is to be counted during a district 10 absentee ballot counting review conducted under AS 15.20.203 or a district questioned 11 ballot review conducted under AS 15.20.207. 12 * Sec. 18. AS 15.15.380 is amended to read: 13 Sec. 15.15.380. Payment of election board members. The director shall pay 14 each election board member for time spent at election duties, including the receiving 15 of instructions. Election board chairpersons and the chairperson and members of the 16 absentee ballot, questioned ballot, and state ballot counting review boards shall be 17 paid for time spent at their election duties. The director shall set the compensation to 18 be paid under this section [BY REGULATION]. 19 * Sec. 19. AS 15.20.030 is amended to read: 20 Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 21 director shall provide ballots for use as absentee ballots in all districts. The director 22 shall provide a secrecy sleeve in which the voter shall initially place the marked ballot 23 [,] and shall provide a postage-paid return [AN] envelope with the prescribed voter's 24 certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 25 director shall prescribe the form of and prepare the voter's certificate, envelopes, and 26 other material used in absentee voting. The voter's certificate shall include a 27 declaration, for use when required, that the voter is a qualified voter in all respects, a 28 blank for the voter's signature, a certification that the affiant properly executed the 29 marking of the ballot and gave the voter's identity, blanks for the attesting official or 30 witness, and a place for recording the date the envelope was sealed and witnessed. The 31 envelope with the voter's certificate may not identify a voter's party affiliation but
01 must include a notice that false statements made by the voter or by the attesting 02 official or witness on the certificate are punishable by law. 03 * Sec. 20. AS 15.20.081(f) is amended to read: 04 (f) The director shall require a voter casting an absentee ballot by mail to 05 provide proof of identification or other information to aid in the establishment of the 06 voter's identity as prescribed by regulations adopted under AS 44.62 (Administrative 07 Procedure Act). If the voter is a first-time voter who initially registered by mail or by 08 facsimile or other electronic transmission approved by the director under 09 AS 15.07.050 and has not met the identification requirements set out in AS 15.07.060, 10 the voter must provide one of the following forms of proof of identification: 11 [(1)] a copy of a driver's license, state identification card, current and 12 valid photo identification, birth certificate, passport, or identification card issued by 13 a federally recognized tribe [HUNTING OR FISHING LICENSE; OR 14 (2) A COPY OF A CURRENT UTILITY BILL, BANK 15 STATEMENT, PAYCHECK, GOVERNMENT CHECK, OR OTHER 16 GOVERNMENT DOCUMENT; AN ITEM PROVIDED UNDER THIS 17 PARAGRAPH MUST SHOW THE NAME AND CURRENT ADDRESS OF THE 18 VOTER]. 19 * Sec. 21. AS 15.20.081(h) is amended to read: 20 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 21 from outside the United States or from an overseas voter qualifying under 22 AS 15.05.011 that has been marked and mailed not later than election day may not be 23 counted unless the ballot is received by the election supervisor not later than the close 24 of business on the 25 [(1)] 10th day following the [A PRIMARY] election [OR SPECIAL 26 PRIMARY ELECTION UNDER AS 15.40.140; OR 27 (2) 15TH DAY FOLLOWING A GENERAL ELECTION OR 28 SPECIAL ELECTION, OTHER THAN A SPECIAL PRIMARY ELECTION 29 DESCRIBED IN (1) OF THIS SUBSECTION]. 30 * Sec. 22. AS 15.20.170 is amended to read: 31 Sec. 15.20.170. Disposition of ballots. Each absentee voting official shall
01 transmit the dated envelopes containing the marked ballots by the most expeditious 02 mail service to the election supervisor for the district. Upon receipt of the absentee 03 ballots, the election supervisor shall stamp on the envelope the date on which the 04 ballot is received. In this section, "mail service" includes delivery by optical 05 scanning and electronic transmission. 06 * Sec. 23. AS 15.20.201(a) is amended to read: 07 (a) Not [NO] less than 12 [SEVEN] days preceding the day of election, the 08 election supervisor, in the presence and with the assistance of the district absentee 09 ballot counting board, shall review all voter certificates of absentee ballots received by 10 that date. The review of absentee ballots shall continue at times designated by the 11 election supervisor until completed. 12 * Sec. 24. AS 15.20.207(b) is amended to read: 13 (b) A questioned ballot may not be counted if the voter 14 (1) has failed to properly execute the certificate; 15 (2) is a first-time voter who initially registered by mail or by facsimile 16 or other electronic transmission approved by the director under AS 15.07.050, has not 17 provided the identification required by AS 15.15.225(a) or 52 U.S.C. 21083(b)(2)(A), 18 was not eligible for waiver of the identification requirement under AS 15.15.225(b), 19 and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be 20 verified through state agency records described in AS 15.07.055(e); or 21 (3) is a voter other than one described in (2) of this subsection, did not 22 provide identification described in AS 15.15.225(a), was not personally known by the 23 election official, and has not provided the identifiers required in AS 15.07.060(a)(2) 24 and (3). 25 * Sec. 25. AS 15.20.220(b) is amended to read: 26 (b) The state review board shall review and count absentee ballots under 27 AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222(c), 28 and questioned ballots that have been forwarded to the director and that have not been 29 reviewed or counted by a district counting board. 30 * Sec. 26. AS 15.20 is amended by adding a new section to read: 31 Sec. 15.20.221. Ballot-tracking system. (a) The director shall establish an
01 online ballot-tracking system. If the director procures the system from a third party, 02 the third party must be a corporation that is incorporated in the United States. The 03 system must be designed to allow a voter to easily use the system through a mobile 04 electronic device. The system must allow a voter to 05 (1) confirm that the voter's ballot has been sent by the division; 06 (2) track the date of the ballot's delivery to the voter; 07 (3) confirm the division's receipt of the voter's ballot; 08 (4) determine whether the voter's ballot has been counted; and 09 (5) provide the information necessary to cure a rejected ballot. 10 (b) The online ballot-tracking system must 11 (1) use multi-factor authentication to verify a voter's identity; and 12 (2) indicate to a voter 13 (A) the process by which the voter may cure the lack of 14 signature or verify the voter's identity, if the signature on the voter's ballot was 15 missing; and 16 (B) the reason the voter's ballot was not counted, if the ballot 17 was not counted. 18 (c) The division may not charge a voter a fee to use the online ballot-tracking 19 system. 20 * Sec. 27. AS 15.20 is amended by adding a new section to read: 21 Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter's ballot 22 is rejected because the certificate is missing a voter's signature or the signature of an 23 attesting official or witness or the voter provided insufficient voter identification, the 24 director shall immediately make a reasonable effort to contact the voter, explain the 25 ballot deficiency, explain that the deficiency may be cured under this section, and 26 inform the voter of the deadline to cure the ballot. The director shall, within 24 hours, 27 send a notice of deficiency by electronic mail to the voter's electronic mail address if 28 the voter has provided an electronic mail address. If the voter has provided a telephone 29 number, the director shall, within 24 hours, attempt to notify the voter of the 30 deficiency by telephone call and text message. The director shall, within 48 hours, but 31 not later than five days after election day, send a notice of deficiency by first class,
01 nonforwardable mail to the address provided on the voter's absentee ballot application 02 or, if no address was provided on the voter's absentee ballot application, to the mailing 03 address in the voter's registration record. 04 (b) A notice of deficiency must include a form for the voter to confirm that the 05 voter returned a ballot to the division, provide a copy of a form of identification 06 accepted by the division under AS 15.15.225(a), and provide a signature. The director 07 shall provide a printed copy of the form with the notice of deficiency mailed to the 08 voter. The director shall also make the form available in a format that can be 09 completed and returned electronically. 10 (c) The rejected ballot of a voter who received a notice of deficiency may be 11 counted only if 12 (1) the voter returns the completed form sent with the notice of 13 deficiency, the division receives the form within 10 days after election day, and the 14 form confirms that the voter returned a ballot to the division; 15 (2) the voter signs the form sent with the notice of deficiency and 16 includes a copy of a form of identification accepted by the division under 17 AS 15.15.225(a); and 18 (3) the ballot is otherwise valid. 19 (d) A voter's rejected ballot may not be counted and the director shall, if 20 applicable, send copies of the signature on the voter's return envelope to the attorney 21 general for investigation if the voter returns the form and the form indicates that the 22 voter did not return a ballot to the division. 23 * Sec. 28. AS 15.25.105 is amended by adding a new subsection to read: 24 (d) A write-in candidate running for the office of President of the United 25 States must file a letter with the director certifying the information required under 26 AS 15.30.026(b). 27 * Sec. 29. AS 15.56.030(d) is amended to read: 28 (d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 29 (1) includes 30 (A) an entry in a game of chance in which a prize of money or 31 other present or future pecuniary gain or advantage may be awarded to a
01 participant wherein the total of the prizes offered is greater than $2 per 02 participant with a maximum of $100; and 03 (B) government employment or benefits; 04 (2) does not include 05 (A) materials having a nominal value bearing the name, 06 likeness, or other identification of a candidate, political party, political group, 07 party district committee, or organization, or stating a position on a ballot 08 proposition or question; 09 (B) food and refreshments provided incidental to an activity 10 that is nonpartisan in nature and directed at encouraging persons to vote, or 11 incidental to a gathering in support of or in opposition to a candidate, political 12 party, political group, party district committee, organization, or ballot question 13 or proposition; 14 (C) care of the voter's dependents provided in connection with 15 the absence of a voter from home for the purpose of voting; 16 (D) services provided by a person acting as a representative 17 under AS 15.20.072; 18 (E) services provided by an election official as defined in 19 AS 15.80.010; [AND] 20 (F) transportation of a voter to or from the polls without 21 charge; and 22 (G) postage-paid return envelopes required in 23 AS 15.20.030. 24 * Sec. 30. AS 15.56.060(a) is amended to read: 25 (a) A person commits the crime of unlawful interference with an election if 26 the person 27 (1) induces or attempts to induce an election official to fail in the 28 official's duty by force, threat, intimidation, or offers of reward; 29 (2) intentionally changes, attempts to change, or causes to be changed 30 an official election document including ballots, tallies, and returns; 31 (3) intentionally delays, attempts to delay, or causes to be delayed the
01 sending of the certificate, register, ballots, or other materials whether original or 02 duplicate, required to be sent by AS 15.15.370; [OR] 03 (4) is contracted or employed by the state to print or reproduce in any 04 manner an official ballot, and the person knowingly 05 (A) personally appropriates, or gives or delivers to, or permits 06 to be taken by anyone other than a person authorized by the director, official 07 ballots; or 08 (B) prints or reproduces or has printed or reproduced official 09 ballots in a form or with a content other than that prescribed by law or as 10 directed by the director; 11 (5) intentionally opens or tampers with a signed absentee ballot 12 certificate, sealed absentee ballot envelope, or package of ballots without express 13 authorization from the director; or 14 (6) intentionally breaches, hacks, alters, or tampers with election 15 machinery, including a tabulator, a program, a system, a server, or software used 16 to verify identity, count or tabulate, or manage or control an election function. 17 * Sec. 31. AS 15.56.070(a) is amended to read: 18 (a) A person commits the crime of election official misconduct in the first 19 degree if, while an election official, the person 20 (1) intentionally fails to perform an election duty or knowingly does an 21 unauthorized act with the intent to affect an election or its results; 22 (2) knowingly permits or makes or attempts to make a false count of 23 election returns; [OR] 24 (3) intentionally conceals, withholds, destroys, or attempts to conceal, 25 withhold, or destroy election returns; or 26 (4) knowingly discloses, shares, or reports to a person who is not 27 an election official election results, returns, or any confidential election data 28 before the polls close on election day. 29 * Sec. 32. AS 43.23.101 is amended to read: 30 Sec. 43.23.101. Voter registration. Each month, the [THE] commissioner 31 shall [ESTABLISH BY RULE A SCHEDULE BY WHICH THE COMMISSIONER
01 WILL PROVIDE, AND SHALL] provide [AS SOON AS IS PRACTICABLE] the 02 director of elections with the following information for each permanent fund 03 dividend applicant: 04 (1) the electronic record [RECORDS FROM THE PERMANENT 05 FUND DIVIDEND APPLICATIONS] of the information required by 06 AS 15.07.060(a)(1) - (4) and (7) - (9) [,] and the attestation that the [SUCH] 07 information is true [,] for each permanent fund dividend applicant who 08 (A) is a citizen of the United States; and 09 (B) is at least 18 years of age or will be within 90 days of the 10 date of the application; [AND] 11 (2) the applicant's mailing address; and 12 (3) whether the applicant has claimed residency in another state 13 [ADDRESSES FOR ALL PERMANENT FUND DIVIDEND APPLICANTS]. 14 * Sec. 33. AS 43.23.101 is amended by adding new subsections to read: 15 (b) The commissioner shall develop security protocols that ensure data 16 required to be stored or transferred under this section is securely stored or transferred. 17 (c) In cooperation with the division of elections under AS 15.07.070(o), the 18 commissioner shall submit an annual report to the governor and to the senate secretary 19 and chief clerk of the house of representatives on or before the first day of each 20 regular session of the legislature and notify the legislature that the report is available. 21 * Sec. 34. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 REPORT TO THE LEGISLATURE. The division of elections shall provide a report 24 to the legislature by the first day of the First Regular Session of the Thirty-Fifth Alaska State 25 Legislature recommending options for expanding early voting in rural communities and low- 26 income neighborhoods. The division shall deliver the report to the senate secretary and the 27 chief clerk of the house of representatives and notify the legislature that the report is 28 available. In this section, 29 (1) "low-income neighborhood" means a neighborhood where the median 30 family income is below 80 percent of the statewide median family income; 31 (2) "rural community" means a community with a population of 7,500 or less
01 that is not connected by road or rail to Anchorage or Fairbanks or a community with a 02 population of 3,500 or less that is connected by road or rail to Anchorage or Fairbanks. 03 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. (a) AS 15.56.030(d), as amended by sec. 29 of this Act, 06 AS 15.56.060(a), as amended by sec. 30 of this Act, and AS 15.56.070(a), as amended by sec. 07 31 of this Act, apply to offenses committed on or after the effective date of secs. 29 - 31 of 08 this Act. 09 (b) Notwithstanding the amendment and enactment of laws in secs. 1 - 10, 12 - 24, 10 and 28 - 37 of this Act, the division of elections shall administer an election of regional school 11 board members occurring in October 2026 as provided in AS 15 as that title read on the day 12 before the effective date of secs. 1 - 10, 12 - 24, and 28 - 37 of this Act. 13 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: REGULATIONS. The division of elections may adopt regulations 16 necessary to implement the changes made by this Act. The regulations take effect under 17 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 18 implemented by the regulation. 19 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 TRANSITION: PROCUREMENT. The division of elections may, under AS 36.30 22 (State Procurement Code), procure equipment, supplies, services, and professional services 23 necessary to implement the changes made by this Act. 24 * Sec. 38. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 CONDITIONAL EFFECT. (a) AS 15.20.221, enacted by sec. 26 of this Act, takes 27 effect only if AS 15.20.222, enacted by sec. 27 of this Act, takes effect. 28 (b) AS 15.20.222, enacted by sec. 27 of this Act, takes effect only if AS 15.20.221, 29 enacted by sec. 26 of this Act, takes effect. 30 * Sec. 39. Section 11 of this Act takes effect January 1, 2027. 31 * Sec. 40. Sections 25 - 27 and 38 of this Act take effect September 19, 2026.
01 * Sec. 41. Except as provided in secs. 39 and 40 of this Act, this Act takes effect 02 immediately under AS 01.10.070(c).