Legislature(2021 - 2022)

2022-03-14 House Journal

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2022-03-14                     House Journal                      Page 2090
HB 234                                                                                                                        
The following was before the House in second reading:                                                                           
                                                                                                                                
     CS FOR HOUSE BILL NO. 234(STA) am                                                                                          
     "An Act relating to political contributions; relating to the location                                                      
     of offices for the Alaska Public Offices Commission and the                                                                
     locations at which certain statements and reports filed with the                                                           
     commission are made available; and providing for an effective                                                              
     date."                                                                                                                     
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 3, following line 7:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 15.13.072(a)(2), 15.13.072(e), 15.13.072(f), and                                                                
15.13.072(h) are repealed."                                                                                                     
                                                                                                                                
Renumber the following bill section accordingly.                                                                                

2022-03-14                     House Journal                      Page 2091
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
Representative Josephson objected.                                                                                              
                                                                                                                                
Representative Josephson placed a call of the House.                                                                            
                                                                                                                                
The call was satisfied.                                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  18   NAYS:  20   EXCUSED:  2   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Cronk, Eastman, Gillham, Johnson, Kaufman,                                                                    
Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen,                                                                  
Rauscher, Shaw, Tilton, Vance                                                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Schrage,                                                                   
Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky                                                                    
                                                                                                                                
Excused:  Foster, Thompson                                                                                                      
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, line 22:                                                                                                                
     Delete "10"                                                                                                                
     Insert "two"                                                                                                               
                                                                                                                                
Page 2, line 25:                                                                                                                
     Delete "10-year"                                                                                                           
     Insert "two-year"                                                                                                          
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                

2022-03-14                     House Journal                      Page 2092
There was objection.                                                                                                            
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Representative Johnson be excused from a call of the House today.                                                               
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  16   NAYS:  21   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillham, Kaufman, Kurka, LeBon,                                                                      
McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher,                                                                      
Shaw, Tilton, Vance                                                                                                             
                                                                                                                                
Nays:  Claman, Cronk, Drummond, Edgmon, Fields, Hannan,                                                                         
Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak,                                                                   
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Foster, Johnson, Thompson                                                                                             
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 7 was offered  by Representative Kurka:                                                                            
                                                                                                                                
Page 1, line 1, following "contributions;" (title amendment):                                                                 
     Insert "requiring the division of elections to make available to                                                         
certain persons the electronic database that contains the results of                                                          
an election;"                                                                                                                 
                                                                                                                                
Page 3, following line 7:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 15.20 is amended by adding a new section to read:                                                               
         Sec. 15.20.223. Provision of electronic database containing                                                          
     the results of a state election. Regardless of whether an election                                                       
     recount is requested under AS 15.20.430 or an election is                                                                  
     contested under AS 15.20.540, upon the request of a candidate, a                                                           
     political party, or an organization or organized group that sponsors                                                       

2022-03-14                     House Journal                      Page 2093
     or opposes an initiative, referendum, or recall at an election, the                                                        
     director shall provide without charge access to the unencrypted                                                            
     electronic database containing the ballot tabulations and vote                                                             
     totals for the election."                                                                                                  
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Kurka moved and asked unanimous consent that                                                                     
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Hopkins objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon,                                                               
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Tilton, Vance                                                                   
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Rasmussen,                                                                 
Schrage, Shaw, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                              
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Foster, Johnson, Thompson                                                                                             
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
     Following "Act":                                                                                                         
         Insert "relating to elections;"                                                                                      
     Following "contributions;":                                                                                              
         Insert "relating to counting ballots;"                                                                               
                                                                                                                                
Page 1, following line 2:                                                                                                       
     Insert new bill sections to read:                                                                                          

2022-03-14                     House Journal                      Page 2094
"* Section 1. AS 15.07.060(a) is amended to read:                                                                             
         (a)  Each applicant who requests registration or reregistration                                                        
     shall supply the following information:                                                                                    
              (1)  the applicant's name and sex;                                                                                
              (2)  if issued, the applicant's State of Alaska driver's                                                          
     license number or State of Alaska identification card number, or                                                           
     the last four digits of the applicant's social security number;                                                            
              (3)  the applicant's date of birth;                                                                               
              (4)  the applicant's Alaska residence address;                                                                   
              (5)  a statement of whether the applicant has previously                                                          
     been registered to vote in another jurisdiction, and, if so, the                                                           
     jurisdiction and the address of the previous registration;                                                                 
              (6)  a declaration that the applicant will be 18 years of age                                                     
     or older within 90 days after the date of registration;                                                                    
              (7)  a declaration that the applicant is a citizen of the                                                         
     United States;                                                                                                             
              (8)  the date of application;                                                                                     
              (9)  the applicant's signature or mark;                                                                           
              (10)  any former name under which the applicant was                                                               
     registered to vote in the state;                                                                                           
              (11)  an attestation that the information provided by the                                                         
     applicant in (1) - (10) of this subsection is true; [AND]                                                                  
              (12)  a certification that the applicant understands that a                                                       
     false statement on the application may make the applicant subject                                                          
      to prosecution for a misdemeanor under this title or AS 11; and                                                      
              (13)  a declaration whether the applicant requests a                                                          
     hand count of the applicant's ballot.                                                                                  
   * Sec. 2. AS 15.07.070(f) is amended to read:                                                                              
         (f)  Incomplete or inaccurate registration forms may not be                                                            
     accepted. A person who submitted an incomplete or inaccurate                                                               
     registration form may register by reexecuting and resubmitting a                                                           
     registration form in person, by mail, or by facsimile or other                                                             
     electronic transmission approved by the director under                                                                     
     AS 15.07.050. The requirements of (c) or (d) of this section apply                                                         
     to a registration form resubmitted under this subsection.                                                                  
     Notwithstanding the foregoing, an application made under                                                                   
     AS 43.23.015 that contains the information required by                                                                     
     AS 15.07.060(a)(1) - (4), [AND] (7) - (9), and (13), and an                                                        
     attestation that such information is true, shall not be deemed an                                                          
     incomplete registration form and shall be accepted in accordance                                                           

2022-03-14                     House Journal                      Page 2095
     with AS 15.07.070(i).                                                                                                      
   * Sec. 3. AS 15.07.070(j) is amended to read:                                                                              
         (j)  The division shall cooperate with the Department of                                                               
     Revenue under AS 43.23.101 to ensure that the permanent fund                                                               
     dividend application form furnished by the Department of                                                                   
     Revenue under AS 43.23.015 allows an applicant, a person who is                                                            
     designated in a power of attorney to act on behalf of an applicant,                                                        
     or a person acting on behalf of a physically disabled applicant to                                                         
     submit voter registration information required under                                                                       
     AS 15.07.060(a)(1) - (4), [AND] (7) - (9), and (13), and an                                                        
     attestation that such information is true. The director may require                                                        
     proof of identification of the applicant, if not already in the                                                            
     Department of Revenue's possession, as required by regulations                                                             
     adopted by the director under AS 44.62 (Administrative Procedure                                                           
     Act)."                                                                                                                     
                                                                                                                                
Page 1, line 3:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 4"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Page 3, following line 7:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 11. AS 15.15.032(c) is amended to read:                                                                               
         (c)  The director shall provide for a paper record of each                                                             
     electronically generated ballot that can be                                                                                
              (1)  reviewed and corrected by the voter at the time the                                                          
     vote is cast; [AND]                                                                                                        
              (2)  used for a recount of the votes cast at an election in                                                       
     which electronically generated ballots were used;                                                                      
              (3)  used as the official ballot for a vote count in a                                                        
     hand-count district.                                                                                                   
   * Sec. 12. AS 15.15 is amended by adding a new section to read:                                                            
         Sec. 15.15.345. Hand-count districts. (a)When 25 percent or                                                          
     more of the voters in a house district, senate district, or the state                                                      
     request under AS 15.07.060(a) that the division count their ballots                                                        
     by hand, the division shall count the ballots in that house district,                                                      
     senate district, or the state, respectively, by hand. The director                                                         
     shall, 60 days before the day of the election,                                                                             

2022-03-14                     House Journal                      Page 2096
              (1)  determine whether a house district, senate district, or                                                      
     the state is a hand-count district; and                                                                                    
              (2)  provide public notice identifying each hand-count                                                            
     district for the election.                                                                                                 
         (b)  The division shall count ballots voted in a hand-count                                                            
     district by hand. When counting a ballot generated electronically                                                          
     under AS 15.15.032 or an absentee ballot voted by electronic                                                               
     transmission under AS 15.20.066, an election official counting                                                             
     ballots voted in a hand-count district shall count the official paper                                                      
     record. An election official may not scan a ballot voted for a hand-                                                       
     count district before the conclusion of the statewide ballot count.                                                        
     If an election official scans a ballot in a hand-count district, the                                                       
     division shall publish the ballot on the division's Internet website                                                       
     not later than 24 hours after the election official scanned the                                                            
     ballot.                                                                                                                    
   * Sec. 13. AS 15.15.350(a) is amended to read:                                                                             
         (a)  The director may adopt regulations prescribing the                                                                
     manner in which the precinct ballot count is accomplished so as to                                                         
     ensure accuracy in the count and to expedite the process. The                                                              
     election board shall account for all ballots by completing a ballot                                                        
     statement containing (1) the number of official ballots received;                                                          
     (2) the number of official ballots voted; (3) the number of official                                                       
     ballots spoiled; (4) the number of official ballots unused and either                                                      
     destroyed or returned for destruction to the elections supervisor or                                                       
     the election supervisor's designee. The board shall count the                                                              
     number of questioned ballots and compare that number to the                                                                
     number of questioned voters in the register. Discrepancies shall be                                                        
     noted and the numbers included in the certificate prescribed by                                                            
     AS 15.15.370. The election board, in a hand-count precinct or a                                                    
     hand-count district [PRECINCTS], shall count the ballots in a                                                          
     manner that allows watchers to see the ballots when opened and                                                             
     read. A person handling the ballot after it has been taken from the                                                        
     ballot box and before it is placed in the envelope for mailing may                                                         
     not have a marking device in hand or remove a ballot from the                                                              
     immediate vicinity of the polls. In this subsection, "hand-count                                                       
     precinct" means a precinct within a machine-count district                                                             
     where the election board counts ballots by hand.                                                                       
   * Sec. 14. AS 15.15.350(b) is amended to read:                                                                             
         (b)  In a machine-count district, ballots [BALLOTS] may                                                            
     not be counted before 8:00 p.m., local time, on the day of the                                                             

2022-03-14                     House Journal                      Page 2097
     election. In a hand-count district, ballot counting may begin 14                                                       
     days before an election. When counting ballots before 8:00                                                             
     p.m., local time, on the day of the election, election officials                                                       
     shall count ballots in groups of 25 or more. An election official                                                      
     may not release the result of a ballot count or scanned image                                                          
     of a ballot before 8:00 p.m., local time, on the day of the                                                            
     election.                                                                                                              
   * Sec. 15. AS 15.15.470 is amended to read:                                                                                
         Sec. 15.15.470. Preservation of election ballots, papers,                                                            
     and materials. The director shall preserve all precinct election                                                         
     certificates, tallies, and registers for four years after the election.                                                    
     All ballots, images of scanned ballots, and stubs for elections                                                        
     other than national elections may be destroyed 30 days after the                                                           
     certification of the state ballot counting review unless an                                                                
     application for recount has been filed and not completed, or unless                                                        
     their destruction is stayed by an order of the court. All ballots for                                                      
     national elections may be destroyed in accordance with federal                                                             
     law. The director may permit the inspection of election materials                                                          
     upon call by the Congress, the state legislature, or a court of                                                            
     competent jurisdiction.                                                                                                    
   * Sec. 16. AS 15.15.480 is amended to read:                                                                                
         Sec. 15.15.480. Security of ballots. All official ballots and                                                    
     scanned images of ballots in the possession of election officials,                                                     
     whether voted or not voted, shall be kept in a secure manner until                                                         
     destroyed in accordance with law. The director shall provide for                                                           
     the security of ballots during transportation and storage under                                                            
     AS 44.62 (Administrative Procedure Act).                                                                                   
   * Sec. 17. AS 15.20.066 is amended by adding a new subsection to                                                           
read:                                                                                                                           
         (c)  Before counting an absentee ballot of a voter who resides                                                         
     in a hand-count district that is completed and returned by the voter                                                       
     by electronic transmission, an election official shall print an                                                            
     official paper record of the ballot. The official paper record is the                                                      
     counted ballot.                                                                                                            
   * Sec. 18. AS 15.20.201(a) is amended to read:                                                                             
         (a)  In a machine-count district, not [NO] less than seven                                                         
     days preceding the day of election, the election supervisor, in the                                                        
     presence and with the assistance of the district absentee ballot                                                           
     counting board, shall review all voter certificates of absentee                                                            
     ballots received by that date. In a hand-count district, not less                                                      

2022-03-14                     House Journal                      Page 2098
     than 21 days preceding the day of election, the election                                                               
     supervisor, in the presence and with the assistance of the                                                             
     district absentee ballot counting board, shall review all voter                                                        
     certificates of absentee ballots received by that date. The                                                            
     review of absentee ballots shall continue at times designated by                                                           
     the election supervisor until completed.                                                                                   
   * Sec. 19. AS 15.20.201(b) is amended to read:                                                                             
         (b)  In a machine-count district, counting [COUNTING] of                                                           
     absentee ballots that have been reviewed shall begin at 8:00 p.m.,                                                         
     local time, on the day of the election at places designated by each                                                        
     election supervisor and shall continue until all absentee ballots                                                          
     reviewed and eligible for counting have been counted. The                                                                  
     counting teams shall report the count of absentee ballots to the                                                           
     district absentee ballot counting board. An election supervisor or                                                         
     an election official may not count absentee ballots before 8:00                                                            
     p.m., local time, on the day of the election. In a hand-count                                                          
     district, counting of absentee ballots that have been reviewed                                                         
     shall begin 14 days before the day of the election at places                                                           
     designated by each election supervisor and shall continue until                                                        
     all absentee ballots reviewed and eligible for counting have                                                           
     been counted. The counting teams shall report the count of                                                             
     absentee ballots to the district absentee ballot counting board.                                                       
     An election supervisor or an election official may not count                                                           
     absentee ballots earlier than 14 days before the day of the                                                            
     election. Counting of the absentee ballots shall continue at times                                                     
     designated by the election supervisor until all absentee ballots are                                                       
     counted.                                                                                                                   
   * Sec. 20. AS 15.20.480 is amended to read:                                                                                
         Sec. 15.20.480. Procedure for recount. In conducting the                                                             
     recount, the director shall review all ballots, whether the ballots                                                        
     were counted at the precinct or by computer or by the district                                                             
     absentee counting board or the questioned ballot counting board,                                                           
     to determine which ballots, or part of ballots, were properly                                                              
     marked and which ballots are to be counted in the recount, and                                                             
     shall check the accuracy of the original count, the precinct                                                               
     certificate, and the review. The director shall count absentee                                                             
     ballots received before the completion of the recount. For                                                                 
     administrative purposes, the director may join and include two or                                                          
     more applications in a single review and count of votes. The rules                                                         
     in AS 15.15.360 governing the counting of ballots shall be                                                                 

2022-03-14                     House Journal                      Page 2099
     followed in the recount when a ballot is challenged on the basis of                                                        
     a question regarding the voter's intent to vote for the candidate,                                                         
     proposition, or question. The ballots and other election material                                                          
     must remain in the custody of the director during the recount, and                                                         
     the highest degree of care shall be exercised to protect the ballots                                                       
     against alteration or mutilation. In a hand-count district, a                                                          
     recount shall be conducted by hand count. The recount shall be                                                         
     completed within 10 days. The director may employ additional                                                               
     personnel necessary to assist in the recount.                                                                              
   * Sec. 21. AS 15.20.900(a) is amended to read:                                                                             
         (a)  Notwithstanding any other provisions of this title, the                                                           
     director may adopt regulations for machine-count districts that                                                        
     provide procedures for the tabulation of electronically generated                                                          
      ballots or optically scanned ballots, including procedures for                                                           
              (1)  tests of the counting programs developed for each                                                            
     precinct tabulator to ensure that the system is functioning                                                                
     properly;                                                                                                                  
              (2)  security for the voting and tabulation of ballots;                                                           
              (3)  the transmission and accumulation of vote totals to                                                          
     assure the integrity of the vote counting process;                                                                         
              (4)  observation by the public of the counting process in                                                         
     the regional offices; and                                                                                                  
              (5)  the disposition of ballots.                                                                                  
   * Sec. 22. AS 15.80.010 is amended by adding new paragraphs to                                                             
read:                                                                                                                           
              (47)  "hand-count district" means a house district, senate                                                        
     district, or the entire state when the division is required under                                                          
     AS 15.15.345(a) to count the voters' ballots by hand;                                                                      
              (48)  "machine-count district" means a house district,                                                            
     senate district, or the entire state where the division is not required                                                    
     to count the voters' ballots by hand under AS 15.15.345(a).                                                                
   * Sec. 23. AS 43.23.015(b) is amended to read:                                                                             
         (b)  The department shall prescribe and furnish an application                                                         
     form for claiming a permanent fund dividend. The application                                                               
     must include                                                                                                               
              (1)  notice of the penalties provided for under                                                                   
     AS 43.23.270;                                                                                                              
              (2)  a statement of eligibility and a certification of                                                            
     residency;                                                                                                                 
              (3)  the means for an applicant eligible to vote under                                                            

2022-03-14                     House Journal                      Page 2100
     AS 15.05, or a person authorized to act on behalf of the applicant,                                                        
     to furnish information required by AS 15.07.060(a)(1) - (4),                                                           
     [AND] (7) - (9), and (13), and an attestation that such information                                                    
     is true.                                                                                                                   
   * Sec. 24. AS 43.23.101 is amended to read:                                                                                
         Sec. 43.23.101. Voter registration. The commissioner shall                                                           
     establish by rule a schedule by which the commissioner will                                                                
     provide, and shall provide as soon as is practicable the director of                                                       
     elections with                                                                                                             
              (1)  electronic records from the permanent fund dividend                                                          
     applications of the information required by AS 15.07.060(a)(1) -                                                           
     (4), [AND] (7) - (9), and (13), and the attestation that such                                                      
     information is true, for each permanent fund dividend applicant                                                            
     who                                                                                                                        
                  (A)  is a citizen of the United States; and                                                                   
                  (B)  is at least 18 years of age or will be within 90                                                         
         days of the date of the application; and                                                                               
              (2)  the mailing addresses for all permanent fund dividend                                                        
     applicants."                                                                                                               
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Representative Schrage objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  23   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka,                                                                      
McCabe, McKay, Nelson, Prax, Rauscher, Shaw, Tilton, Vance                                                                      
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, LeBon, McCarty, Merrick, Ortiz,                                                                      
Patkotak, Rasmussen, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr,                                                           
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                

2022-03-14                     House Journal                      Page 2101
Excused:  Foster, Johnson, Thompson                                                                                             
                                                                                                                                
And so, Amendment No. 8 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "to" (title amendment):                                                                             
     Insert "the conduct of elections of regional school board                                                                
members; relating to"                                                                                                         
                                                                                                                                
Page 1, following line 2:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Section 1. AS 14.08.071 is amended by adding a new subsection                                                              
to read:                                                                                                                        
         (f)  An election under this section shall be held regardless of                                                        
     whether an individual has filed a declaration of candidacy for an                                                          
     office scheduled to be on the ballot at that election. An individual                                                       
     may file as a write-in candidate for an office on the ballot at that                                                       
     election not later than five days before the election."                                                                    
                                                                                                                                
Page 1, line 3:                                                                                                                 
     Delete "Section 1"                                                                                                       
     Insert "Sec. 2"                                                                                                          
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Tuck, citing sections 402 and 616 of Mason's Manual,                                                             
rose to a point of order stating that Amendment No. 9 was not                                                                   
germane.                                                                                                                        
                                                                                                                                
The Speaker ruled the amendment out of order.                                                                                   
                                                                                                                                
Representative Kurka rose to a point of order stating that the                                                                  
amendment was germane to the bill according to the single subject                                                               
rule.                                                                                                                           

2022-03-14                     House Journal                      Page 2102
The Speaker maintained the ruling.                                                                                              
                                                                                                                                
Representative Eastman appealed the ruling of the Chair.                                                                        
                                                                                                                                
The question being:  "Shall the Ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Sustain Ruling of the Chair - Amendment No. 9 Not Germane                                                                       
                                                                                                                                
YEAS:  22   NAYS:  15   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Cronk, Drummond, Edgmon, Fields, Gillham,                                                                        
Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz,                                                                     
Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck,                                                                
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Nays:  Carpenter, Eastman, Kaufman, Kurka, LeBon, McCabe,                                                                       
McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Tilton,                                                                
Vance                                                                                                                           
                                                                                                                                
Excused:  Foster, Johnson, Thompson                                                                                             
                                                                                                                                
And so, Amendment No. 9 was ruled out of order.                                                                                 
                                                                                                                                
Amendment No. 10 was offered  by Representative Eastman:                                                                         
                                                                                                                                
Page 1, line 1, following "contributions;" (title amendment):                                                                 
     Insert "relating to election ballots;"                                                                                   
                                                                                                                                
Page 3, following line 7:                                                                                                       
     Insert a new bill section to read:                                                                                         
"* Sec. 8. AS 15.15.030 is amended to read:                                                                                   
         Sec. 15.15.030. Preparation of official ballot. The director                                                         
     shall prepare all official ballots to facilitate fairness, simplicity,                                                     
     and clarity in the voting procedure, to reflect most accurately the                                                        
     intent of the voter, and to expedite the administration of elections.                                                      
     The following directives shall be followed when applicable:                                                                
              (1)  The director shall determine the size of the ballot, the                                                     
     type of print, necessary additional instruction notes to voters, and                                                       
     other similar matters of form not provided by law.                                                                         
              (2)  The director shall number ballots in series to ensure                                                        

2022-03-14                     House Journal                      Page 2103
     simplicity and secrecy and to prevent fraud.                                                                               
              (3)  The director shall contract for the preparation of                                                           
     ballots under AS 36.30 (State Procurement Code).                                                                           
              (4)  The director may not include on the ballot, as a part                                                        
     of a candidate's name, any honorary or assumed title or prefix but                                                         
     may include in the candidate's name any nickname or familiar                                                               
     form of a proper name of the candidate.                                                                                    
              (5)  The names of the candidates shall be placed in                                                               
     separate sections on the state general election ballot under the                                                           
     office designation to which they were nominated. If a candidate is                                                         
     registered as affiliated with a political party or political group, the                                                    
     party affiliation, if any, may be designated after the name of the                                                         
     candidate, upon request of the candidate. If a candidate has                                                               
     requested designation as nonpartisan or undeclared, that                                                                   
     designation shall be placed after the name of the candidate. If a                                                          
     candidate is not registered as affiliated with a political party or                                                        
     political group and has not requested to be designated as                                                                  
     nonpartisan or undeclared, the candidate shall be designated as                                                            
     undeclared. The lieutenant governor and the governor shall be                                                              
     included under the same section. The director shall provide                                                            
     space to rank four [PROVISION SHALL BE MADE FOR                                                                        
     VOTING FOR] write-in candidates within each section.  Paper                                                                
     ballots for the state general election shall be printed on white                                                           
     paper.                                                                                                                     
              (6)  The names of the candidates for each office shall be                                                         
     set out in the same order on ballots printed for use in each house                                                         
     district. The director shall randomly determine the order of the                                                           
     names of the candidates for state representative for each house                                                            
     district. The director shall rotate the order of placement of the                                                          
     names of candidates for governor, lieutenant governor, United                                                              
     States senator, United States representative, and state senator on                                                         
     the ballot for each house district.                                                                                        
              (7)  The general election ballot shall be designed with the                                                       
     names of candidates of each political party, and of any                                                                    
     independent candidates qualified under AS 15.30.026, for the                                                               
     office of President and Vice-President of the United States placed                                                         
     in the same section on the ballot rather than the names of electors                                                        
     of President and Vice-President.                                                                                           
              (8)  The general or special election ballot shall be                                                              
     designed with the title and proposition for any initiative,                                                                

2022-03-14                     House Journal                      Page 2104
     referendum, or constitutional amendment formulated as prescribed                                                           
     by law and placed on the ballot in the manner prescribed by the                                                            
     director. When placed on the ballot, a state ballot proposition or                                                         
     ballot question shall carry the number that was assigned to the                                                            
     petition for the proposition or question. Provision shall be made                                                          
     for marking the proposition "Yes" or "No."                                                                                 
              (9)  The general or special election ballot shall be                                                              
     designed with the question of whether a constitutional convention                                                          
     shall be called placed on the ballot in the following manner: "Shall                                                       
     there be a constitutional convention?" Provision shall be made for                                                         
     marking the question "Yes" or "No."                                                                                        
              (10)  A nonpartisan ballot shall be designed for each                                                             
     judicial district in which a justice or judge is seeking retention in                                                      
     office. The ballot shall be divided into four parts. Each part must                                                        
     bear a heading indicating the court to which the candidate is                                                              
     seeking approval, and provision shall be made for marking each                                                             
     question "Yes" or "No." Within each part, the question of whether                                                          
     the justice or judge shall be approved or rejected shall be set out in                                                     
     substantially the following manner:                                                                                        
                  (A)  "Shall . . . . . . . be retained as justice of the                                                       
         supreme court for 10 years?";                                                                                          
                  (B)  "Shall . . . . . . . be retained as judge of the court                                                   
         of appeals for eight years?";                                                                                          
                  (C)  "Shall . . . . . . . be retained as judge of the                                                         
         superior court for six years?"; or                                                                                     
                  (D)  "Shall . . . . . . . be retained as judge of the                                                         
         district court for four years?"                                                                                        
              (11)  When the legislature by law authorizes a state debt                                                         
     for capital improvements, the director shall place the question of                                                         
     whether the specific authorization shall be ratified by placing the                                                        
     ballot title and question on the next general election ballot, or on                                                       
     the special election ballot if a special election is held for the                                                          
     purpose of ratifying the state debt for capital improvements before                                                        
     the time of the next general election. Unless specifically provided                                                        
     otherwise in the Act authorizing the debt, the ballot title shall, by                                                      
     the use of a few words in a succinct manner, indicate the general                                                          
     subject of the Act. The question shall, by the use of a few                                                                
     sentences in a succinct manner, give a true and impartial summary                                                          
     of the Act authorizing the state debt. The question of whether state                                                       
     debt shall be contracted shall be assigned a letter of the alphabet                                                        

2022-03-14                     House Journal                      Page 2105
     on the ballot. Provision shall be made for marking the question                                                            
     substantially as follows:                                                                                                  
               "Bonds . . . . . . . Yes" or "Bonds . . . . . . . No,"                                                           
     followed by an appropriate oval.                                                                                           
              (12)  The director may provide for the optical scanning of                                                        
     ballots where the requisite equipment is available.                                                                        
              (13)  The director may provide for voting by use of                                                               
     electronically generated ballots by a voter who requests to use a                                                          
     machine that produces electronically generated ballots.                                                                    
              (14)  The director shall include the following statement                                                          
     on the ballot:                                                                                                             
                  A candidate's designated affiliation does not                                                                 
                  imply that the candidate is nominated or                                                                      
                  endorsed by the political party or group or                                                                   
                  that the party or group approves of or                                                                        
                  associates with that candidate, but only that                                                                 
                  the candidate is registered as affiliated with                                                                
                  the political party or political group.                                                                      
              (15)  Instead of the statement provided by (14) of this                                                           
     section, when candidates for President and Vice-President of the                                                           
     United States appear on a general election ballot, the director shall                                                      
     include the following statement on the ballot:                                                                             
                  A candidate's designated affiliation does not                                                                 
                  imply that the candidate is nominated or                                                                      
                  endorsed by the political party or political                                                                  
                  group or that the political party or political                                                                
                  group approves of or associates with that                                                                     
                  candidate, but only that the candidate is                                                                     
                  registered as affiliated with the party or                                                                    
                  group. The election for President and Vice-                                                                   
                  President of the United States is different.                                                                  
                  Some candidates for President and Vice-                                                                       
                  President are the official nominees of their                                                                  
                  political party.                                                                                              
              (16)  The director shall design the general election ballots                                                      
     so that the candidates are selected by ranked-choice voting.                                                               
              (17)  The director shall design the general election ballot                                                       
     to direct the voter to mark candidates in order of preference and to                                                       
     mark as many choices as the voter wishes, but not to assign the                                                            
       same ranking to more than one candidate for the same office."                                                           

2022-03-14                     House Journal                      Page 2106
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 10 be adopted.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
Representative Tuck, citing sections 402 and 616 of Mason's Manual,                                                             
rose to a point of order stating that Amendment No. 10 was not                                                                  
germane.                                                                                                                        
                                                                                                                                
The Speaker ruled the amendment out of order.                                                                                   
                                                                                                                                
Representative Eastman appealed the ruling of the chair.                                                                        
                                                                                                                                
The question being:  "Shall the Ruling of the Chair be sustained?"  The                                                         
roll was taken with the following result:                                                                                       
                                                                                                                                
CSHB 234(STA) am                                                                                                                
Second Reading                                                                                                                  
Sustain Ruling of the Chair - Amendment No. 10 Not Germane                                                                      
                                                                                                                                
YEAS:  21   NAYS:  16   EXCUSED:  3   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Claman, Drummond, Edgmon, Fields, Hannan, Hopkins,                                                                       
Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Rasmussen,                                                                 
Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                
Nays:  Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon,                                                               
McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw, Tilton,                                                                   
Vance                                                                                                                           
                                                                                                                                
Excused:  Foster, Johnson, Thompson                                                                                             
                                                                                                                                
And so, Amendment No. 10 was ruled out of order.                                                                                
                                                                                                                                
The Speaker stated that, without objection, the House would recess to                                                           
7:00 p.m.; and so, the House recessed at 4:54 p.m.