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2 | 2 | | HB0001a -1- HB 1 |
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4 | 4 | | |
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5 | 5 | | 33-LS0033\A |
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10 | 10 | | |
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11 | 11 | | HOUSE BILL NO. 1 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-THIRD LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY REPRESENTATIVE RAUSCHER |
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18 | 18 | | |
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19 | 19 | | Introduced: 1/9/23 |
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20 | 20 | | Referred: Prefiled |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to elections." 1 |
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28 | 28 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
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29 | 29 | | * Section 1. AS 15.10.120(c) is amended to read: 3 |
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30 | 30 | | (c) An election supervisor shall appoint one nominee of the political party of |
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31 | 31 | | 4 |
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32 | 32 | | which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST 5 |
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33 | 33 | | NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6 |
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34 | 34 | | GUBERNATORIAL ELECTION] and one nominee of the political party that 7 |
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35 | 35 | | received [OR POLITICAL GROUP WITH] the second largest number of votes 8 |
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36 | 36 | | statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding 9 |
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37 | 37 | | gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY 10 |
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38 | 38 | | APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD 11 |
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39 | 39 | | POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR 12 |
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40 | 40 | | UNDECLARED VOTER IF] a party district committee or state party central 13 |
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41 | 41 | | committee of the party of which the governor is a member [OR GROUP WITH 14 |
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42 | 42 | | THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received 15 33-LS0033\A |
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45 | 45 | | |
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46 | 46 | | [OR GROUP WITH] the second largest number of votes statewide in [REGISTERED 1 |
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47 | 47 | | VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the 2 |
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48 | 48 | | names prescribed by (b) of this section by April 15 of a regular election year or at least 3 |
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49 | 49 | | 60 days before a special [PRIMARY] election, the election supervisor may appoint 4 |
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50 | 50 | | any qualified individual registered to vote. 5 |
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51 | 51 | | * Sec. 2. AS 15.10.170 is amended to read: 6 |
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52 | 52 | | Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 7 |
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53 | 53 | | party committee, where an organized precinct committee exists, or the party district 8 |
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54 | 54 | | committee where no organized precinct committee exists, or the state party 9 |
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55 | 55 | | chairperson where neither a precinct nor a party district committee exists, may appoint 10 |
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56 | 56 | | one or more persons as watchers in each precinct and counting center for any election. 11 |
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57 | 57 | | Each candidate not representing a political party may appoint one or more watchers 12 |
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58 | 58 | | for each precinct or counting center in the candidate's respective district or the state for 13 |
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59 | 59 | | any election. Any organization or organized group that sponsors or opposes an 14 |
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60 | 60 | | initiative, referendum, or recall may have one or more persons as watchers at the polls 15 |
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61 | 61 | | and counting centers after first obtaining authorization from the director. A state party 16 |
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62 | 62 | | chairperson, a precinct party committee, a party district committee, or a candidate not 17 |
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63 | 63 | | representing a political party or organization or organized group may not have 18 |
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64 | 64 | | more than one watcher on duty at a time in any precinct or counting center. A watcher 19 |
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65 | 65 | | must be a United States citizen. The watcher may be present at a position inside the 20 |
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66 | 66 | | place of voting or counting that affords a full view of all action of the election officials 21 |
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67 | 67 | | taken from the time the polls are opened until the ballots are finally counted and the 22 |
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68 | 68 | | results certified by the election board or the data processing review board. The 23 |
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69 | 69 | | election board or the data processing review board may require each watcher to 24 |
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70 | 70 | | present written proof showing appointment by the precinct party committee, the party 25 |
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71 | 71 | | district committee, the organization or organized group, or the candidate the watcher 26 |
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72 | 72 | | represents that is signed by the chairperson of the precinct party committee, the 27 |
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73 | 73 | | party district committee, the state party chairperson, the organization or 28 |
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74 | 74 | | organized group, or the candidate representing no party. 29 |
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75 | 75 | | (b) In addition to the watchers appointed under (a) of this section, in a primary 30 |
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76 | 76 | | election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under 31 33-LS0033\A |
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79 | 79 | | |
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80 | 80 | | AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may 1 |
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81 | 81 | | appoint one watcher in each precinct and counting center. 2 |
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82 | 82 | | * Sec. 3. AS 15.13.020(b) is amended to read: 3 |
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83 | 83 | | (b) The governor shall appoint two members of each of the two political 4 |
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84 | 84 | | parties whose candidate for governor received the highest number of votes in [OR 5 |
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85 | 85 | | POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED 6 |
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86 | 86 | | VOTERS AT THE TIME OF] the most recent preceding general election at which a 7 |
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87 | 87 | | governor was elected. The two appointees from each of these two parties [OR 8 |
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88 | 88 | | GROUPS] shall be chosen from a list of four names to be submitted by the central 9 |
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89 | 89 | | committee of each party [OR GROUP]. 10 |
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90 | 90 | | * Sec. 4. AS 15.13.020(d) is amended to read: 11 |
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91 | 91 | | (d) Members of the commission serve staggered terms of five years, or until a 12 |
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92 | 92 | | successor is appointed and qualifies. The terms of no two members who are members 13 |
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93 | 93 | | of the same political party [OR POLITICAL GROUP] may expire in consecutive 14 |
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94 | 94 | | years. A member may not serve more than one term. However, a person appointed to 15 |
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95 | 95 | | fill the unexpired term of a predecessor may be appointed to a successive full five-year 16 |
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96 | 96 | | term. 17 |
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97 | 97 | | * Sec. 5. AS 15.13.074(c) is amended to read: 18 |
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98 | 98 | | (c) A person or group may not make a contribution 19 |
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99 | 99 | | (1) to a candidate or an individual who files with the commission the 20 |
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100 | 100 | | document necessary to permit that individual to incur certain election-related expenses 21 |
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101 | 101 | | as authorized by AS 15.13.100 when the office is to be filled at a general election 22 |
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102 | 102 | | before the date that is 18 months before the general election; 23 |
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103 | 103 | | (2) to a candidate or an individual who files with the commission the 24 |
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104 | 104 | | document necessary to permit that individual to incur certain election-related expenses 25 |
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105 | 105 | | as authorized by AS 15.13.100 for an office that is to be filled at a special election or 26 |
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106 | 106 | | municipal election before the date that is 18 months before the date of the regular 27 |
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107 | 107 | | municipal election or that is before the date of the proclamation of the special election 28 |
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108 | 108 | | at which the candidate or individual seeks election to public office; or 29 |
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109 | 109 | | (3) to any candidate later than the 45th day 30 |
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110 | 110 | | (A) after the date of the primary [OR SPECIAL PRIMARY] 31 33-LS0033\A |
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113 | 113 | | |
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114 | 114 | | election if the candidate was on the ballot and was not nominated [CHOSEN 1 |
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115 | 115 | | TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at 2 |
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116 | 116 | | the primary [OR SPECIAL PRIMARY] election; or 3 |
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117 | 117 | | (B) after the date of the general [OR SPECIAL] election, or 4 |
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118 | 118 | | after the date of a municipal or municipal runoff election. 5 |
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119 | 119 | | * Sec. 6. AS 15.13.110(f) is amended to read: 6 |
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120 | 120 | | (f) During the year in which the election is scheduled, each of the following 7 |
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121 | 121 | | shall file the campaign disclosure reports in the manner and at the times required by 8 |
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122 | 122 | | this section: 9 |
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123 | 123 | | (1) a person who, under the regulations adopted by the commission to 10 |
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124 | 124 | | implement AS 15.13.100, indicates an intention to become a candidate for elective 11 |
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125 | 125 | | state executive or legislative office; 12 |
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126 | 126 | | (2) a person who has filed a nominating petition under 13 |
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127 | 127 | | AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective 14 |
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128 | 128 | | state executive or legislative office; 15 |
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129 | 129 | | (3) a person who campaigns as a write-in candidate for elective state 16 |
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130 | 130 | | executive or legislative office at the general election; and 17 |
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131 | 131 | | (4) [(3)] a group or nongroup entity that receives contributions or 18 |
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132 | 132 | | makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1) 19 |
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133 | 133 | | OR (2)] of this subsection, except as provided for certain independent expenditures by 20 |
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134 | 134 | | nongroup entities in AS 15.13.135(a). 21 |
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135 | 135 | | * Sec. 7. AS 15.13.110(j) is amended to read: 22 |
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136 | 136 | | (j) Before the primary election, a candidate seeking nomination by petition 23 |
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137 | 137 | | under AS 15.25.141 - 15.25.201 [AS 15.25.140 - 15.25.200] for the office of 24 |
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138 | 138 | | governor, lieutenant governor, state senator, or state representative shall file the 25 |
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139 | 139 | | reports under (a)(1) and (2) of this section. 26 |
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140 | 140 | | * Sec. 8. AS 15.13.400(4) is amended to read: 27 |
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141 | 141 | | (4) "contribution" 28 |
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142 | 142 | | (A) means a purchase, payment, promise or obligation to pay, 29 |
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143 | 143 | | loan or loan guarantee, deposit or gift of money, goods, or services for which 30 |
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144 | 144 | | charge is ordinarily made, and includes the payment by a person other than a 31 33-LS0033\A |
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145 | 145 | | HB0001a -5- HB 1 |
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146 | 146 | | New Text Underlined [DELETED TEXT BRACKETED] |
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147 | 147 | | |
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148 | 148 | | candidate or political party, or compensation for the personal services of 1 |
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149 | 149 | | another person, that is rendered to the candidate or political party, and that is 2 |
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150 | 150 | | made for the purpose of 3 |
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151 | 151 | | (i) influencing the nomination or election of a 4 |
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152 | 152 | | candidate; 5 |
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153 | 153 | | (ii) influencing a ballot proposition or question; or 6 |
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154 | 154 | | (iii) supporting or opposing an initiative proposal 7 |
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155 | 155 | | application filed with the lieutenant governor under AS 15.45.020; 8 |
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156 | 156 | | (B) does not include 9 |
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157 | 157 | | (i) services provided without compensation by 10 |
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158 | 158 | | individuals volunteering a portion or all of their time on behalf of a 11 |
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159 | 159 | | political party, candidate, or ballot proposition or question; 12 |
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160 | 160 | | (ii) ordinary hospitality in a home; 13 |
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161 | 161 | | (iii) two or fewer mass mailings before each election by 14 |
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162 | 162 | | each political party describing the party's slate of candidates for 15 |
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163 | 163 | | [MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR 16 |
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164 | 164 | | PUBLIC OFFICE IN THAT] election, which may include photographs, 17 |
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165 | 165 | | biographies, and information about the party's candidates; 18 |
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166 | 166 | | (iv) the results of a poll limited to issues and not 19 |
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167 | 167 | | mentioning any candidate, unless the poll was requested by or designed 20 |
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168 | 168 | | primarily to benefit the candidate; 21 |
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169 | 169 | | (v) any communication in the form of a newsletter from 22 |
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170 | 170 | | a legislator to the legislator's constituents, except a communication 23 |
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171 | 171 | | expressly advocating the election or defeat of a candidate or a 24 |
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172 | 172 | | newsletter or material in a newsletter that is clearly only for the private 25 |
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173 | 173 | | benefit of a legislator or a legislative employee; 26 |
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174 | 174 | | (vi) a fundraising list provided without compensation 27 |
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175 | 175 | | by one candidate or political party to a candidate or political party; or 28 |
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176 | 176 | | (vii) an opportunity to participate in a candidate forum 29 |
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177 | 177 | | provided to a candidate without compensation to the candidate by 30 |
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178 | 178 | | another person and for which a candidate is not ordinarily charged; 31 33-LS0033\A |
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181 | 181 | | |
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182 | 182 | | * Sec. 9. AS 15.15.030(5) is amended to read: 1 |
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183 | 183 | | (5) The names of the candidates and their party designations shall be 2 |
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184 | 184 | | placed in separate sections on the state general election ballot under the office 3 |
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185 | 185 | | designation to which they were nominated. The [IF A CANDIDATE IS 4 |
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186 | 186 | | REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL 5 |
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187 | 187 | | GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of 6 |
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188 | 188 | | the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS 7 |
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189 | 189 | | REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT 8 |
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190 | 190 | | DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE. 9 |
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191 | 191 | | IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL 10 |
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192 | 192 | | PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE 11 |
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193 | 193 | | DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE 12 |
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194 | 194 | | SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the 13 |
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195 | 195 | | governor shall be included under the same section. Provision shall be made for voting 14 |
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196 | 196 | | for write-in and no-party candidates within each section. Paper ballots for the state 15 |
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197 | 197 | | general election shall be printed on white paper. 16 |
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198 | 198 | | * Sec. 10. AS 15.15.360(a) is amended to read: 17 |
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199 | 199 | | (a) The election board shall count ballots according to the following rules: 18 |
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200 | 200 | | (1) A voter may mark a ballot only by filling in, making "X" marks, 19 |
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201 | 201 | | diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 20 |
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202 | 202 | | plus signs that are clearly spaced in the oval opposite the name of the candidate, 21 |
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203 | 203 | | proposition, or question that the voter desires to designate. [IN A GENERAL 22 |
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204 | 204 | | ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER 23 |
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205 | 205 | | TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE 24 |
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206 | 206 | | USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS 25 |
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207 | 207 | | OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO 26 |
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208 | 208 | | DESIGNATE.] 27 |
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209 | 209 | | (2) A failure to properly mark a ballot as to one or more candidates 28 |
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210 | 210 | | does not itself invalidate the entire ballot. 29 |
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211 | 211 | | (3) If a voter marks fewer names than there are persons to be 30 |
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212 | 212 | | elected to the office, a vote shall be counted for each candidate properly marked. 31 33-LS0033\A |
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215 | 215 | | |
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216 | 216 | | (4) If a voter marks more names than there are persons to be elected to 1 |
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217 | 217 | | the office, the votes for candidates for that office may not be counted. 2 |
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218 | 218 | | (5) [(4)] The mark specified in (1) of this subsection shall be counted 3 |
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219 | 219 | | only if it is substantially inside the oval provided, or touching the oval so as to indicate 4 |
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220 | 220 | | clearly that the voter intended the particular oval to be designated. 5 |
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221 | 221 | | (6) [(5)] Improper marks on the ballot may not be counted and do not 6 |
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222 | 222 | | invalidate marks for candidates properly made. 7 |
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223 | 223 | | (7) [(6)] An erasure or correction invalidates only that section of the 8 |
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224 | 224 | | ballot in which it appears. 9 |
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225 | 225 | | (8) [(7)] A vote marked for the candidate for President or Vice-10 |
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226 | 226 | | President of the United States is considered and counted as a vote for the election of 11 |
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227 | 227 | | the presidential electors. 12 |
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228 | 228 | | [(9) REPEALED 13 |
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229 | 229 | | (10) REPEALED 14 |
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230 | 230 | | (11) REPEALED 15 |
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231 | 231 | | (12) REPEALED] 16 |
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232 | 232 | | * Sec. 11. AS 15.15.370 is amended to read: 17 |
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233 | 233 | | Sec. 15.15.370. Completion of ballot count; certificate. When the count of 18 |
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234 | 234 | | ballots is completed, and in no event later than the day after the election, the election 19 |
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235 | 235 | | board shall make a certificate in duplicate of the results. The certificate includes the 20 |
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236 | 236 | | number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A 21 |
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237 | 237 | | GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE 22 |
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238 | 238 | | RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE 23 |
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239 | 239 | | NUMBER OF VOTES] for and against each proposition, yes or no on each question, 24 |
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240 | 240 | | and any additional information prescribed by the director. The election board shall, 25 |
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241 | 241 | | immediately upon completion of the certificate or as soon thereafter as the local mail 26 |
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242 | 242 | | service permits, send in one sealed package to the director one copy of the certificate 27 |
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243 | 243 | | and the register. In addition, all ballots properly cast shall be mailed to the director in a 28 |
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244 | 244 | | separate, sealed package. Both packages, in addition to an address on the outside, shall 29 |
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245 | 245 | | clearly indicate the precinct from which they come. Each board shall, immediately 30 |
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246 | 246 | | upon completion of the certification and as soon thereafter as the local mail service 31 33-LS0033\A |
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249 | 249 | | |
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250 | 250 | | permits, send the duplicate certificate to the respective election supervisor. The 1 |
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251 | 251 | | director may authorize election boards in precincts in those areas of the state where 2 |
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252 | 252 | | distance and weather make mail communication unreliable to forward their election 3 |
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253 | 253 | | results by telephone or radio. The director may authorize the unofficial totaling of 4 |
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254 | 254 | | votes on a regional basis by election supervisors, tallying the votes as indicated on 5 |
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255 | 255 | | duplicate certificates. To ensure adequate protection, the director shall prescribe the 6 |
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256 | 256 | | manner in which the ballots, registers, and all other election records and materials are 7 |
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257 | 257 | | thereafter preserved, transferred, and destroyed. 8 |
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258 | 258 | | * Sec. 12. AS 15.15.450 is amended to read: 9 |
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259 | 259 | | Sec. 15.15.450. Certification of state ballot counting review. Upon 10 |
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260 | 260 | | completion of the state ballot counting review, the director shall certify the person 11 |
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261 | 261 | | receiving the largest number of votes for the office for which that person was a 12 |
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262 | 262 | | candidate as elected to that office [NOMINATED OR ELECTED, AS 13 |
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263 | 263 | | APPLICABLE,] and shall certify the approval of a justice or judge not rejected by a 14 |
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264 | 264 | | majority of the voters voting on the question. The director shall issue to the elected 15 |
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265 | 265 | | candidates and approved justices and judges a certificate of their election or approval. 16 |
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266 | 266 | | The director shall also certify the results of a proposition and other question except 17 |
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267 | 267 | | that the lieutenant governor shall certify the results of an initiative, referendum, or 18 |
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268 | 268 | | constitutional amendment. 19 |
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269 | 269 | | * Sec. 13. AS 15.20.081(a) is amended to read: 20 |
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270 | 270 | | (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 21 |
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271 | 271 | | or other electronic transmission to the director for an absentee ballot under this 22 |
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272 | 272 | | section. Another individual may apply for an absentee ballot on behalf of a qualified 23 |
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273 | 273 | | voter if that individual is designated to act on behalf of the voter in a written general 24 |
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274 | 274 | | power of attorney or a written special power of attorney that authorizes the other 25 |
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275 | 275 | | individual to apply for an absentee ballot on behalf of the voter. The application must 26 |
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276 | 276 | | include the address or, if the application requests delivery of an absentee ballot by 27 |
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277 | 277 | | electronic transmission, the telephone electronic transmission number, to which the 28 |
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278 | 278 | | absentee ballot is to be returned, the applicant's full Alaska residence address, and the 29 |
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279 | 279 | | applicant's signature. However, a person residing outside the United States and 30 |
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280 | 280 | | applying to vote absentee in federal elections in accordance with AS 15.05.011 need 31 33-LS0033\A |
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283 | 283 | | |
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284 | 284 | | not include an Alaska residence address in the application. A person may supply to a 1 |
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285 | 285 | | voter an absentee ballot application form with a political party or group affiliation 2 |
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286 | 286 | | indicated only if the voter is already registered as affiliated with the political party or 3 |
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287 | 287 | | group indicated. Only the voter or the individual designated by the voter in a 4 |
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288 | 288 | | written power of attorney under this subsection may mark the voter's choice of 5 |
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289 | 289 | | primary ballot on an application. A person supplying an absentee ballot 6 |
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290 | 290 | | application form may not design or mark the application in a manner that 7 |
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291 | 291 | | suggests choice of one ballot over another, except that ballot choices may be listed 8 |
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292 | 292 | | on an application as authorized by the division. The application must be made on a 9 |
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293 | 293 | | form prescribed or approved by the director. The voter or registration official shall 10 |
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294 | 294 | | submit the application directly to the division of elections. For purposes of this 11 |
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295 | 295 | | subsection, "directly to the division of elections" means that an application may not be 12 |
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296 | 296 | | submitted to any intermediary that could control or delay the submission of the 13 |
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297 | 297 | | application to the division or gather data on the applicant from the application form. 14 |
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298 | 298 | | However, nothing in this subsection is intended to prohibit a voter from giving a 15 |
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299 | 299 | | completed absentee ballot application to a friend, relative, or associate for transfer to 16 |
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300 | 300 | | the United States Postal Service or a private commercial delivery service for delivery 17 |
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301 | 301 | | to the division. 18 |
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302 | 302 | | * Sec. 14. AS 15.20.081(h) is amended to read: 19 |
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303 | 303 | | (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 20 |
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304 | 304 | | from outside the United States or from an overseas voter qualifying under 21 |
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305 | 305 | | AS 15.05.011 that has been marked and mailed not later than election day may not be 22 |
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306 | 306 | | counted unless the ballot is received by the election supervisor not later than the close 23 |
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307 | 307 | | of business on the 24 |
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308 | 308 | | (1) 10th day following a primary election or special [PRIMARY] 25 |
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309 | 309 | | election under AS 15.40.140; or 26 |
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310 | 310 | | (2) 15th day following a general election, special runoff election, or 27 |
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311 | 311 | | special election, other than a special [PRIMARY] election described in (1) of this 28 |
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312 | 312 | | subsection. 29 |
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313 | 313 | | * Sec. 15. AS 15.20.190(a) is amended to read: 30 |
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314 | 314 | | (a) Thirty days before the date of an election, the election supervisors shall 31 33-LS0033\A |
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317 | 317 | | |
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318 | 318 | | appoint, in the same manner provided for the appointment of election officials 1 |
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319 | 319 | | prescribed in AS 15.10, district absentee ballot counting boards and district questioned 2 |
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320 | 320 | | ballot counting boards, each composed of at least four members. At least one member 3 |
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321 | 321 | | of each board must be a member of the same political party of which the governor is 4 |
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322 | 322 | | a member [OR POLITICAL GROUP WITH THE LARGEST NUMBER OF 5 |
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323 | 323 | | REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6 |
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324 | 324 | | GUBERNATORIAL ELECTION], and at least one member of each board must be a 7 |
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325 | 325 | | member of the political party whose candidate for governor received the second 8 |
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326 | 326 | | largest number of votes in [OR POLITICAL GROUP WITH THE SECOND 9 |
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327 | 327 | | LARGEST NUMBER OF REGISTERED VOTERS AT THE TIME OF] the 10 |
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328 | 328 | | preceding gubernatorial election. The district boards shall assist the election 11 |
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329 | 329 | | supervisors in counting the absentee and questioned ballots and shall receive the same 12 |
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330 | 330 | | compensation paid election officials under AS 15.15.380. 13 |
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331 | 331 | | * Sec. 16. AS 15.20.203(i) is amended to read: 14 |
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332 | 332 | | (i) The director shall mail the materials described in (h) of this section to the 15 |
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333 | 333 | | voter not later than 16 |
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334 | 334 | | (1) 10 days after completion of the review of ballots by the state 17 |
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335 | 335 | | review board for a primary election or for a special [PRIMARY] election under 18 |
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336 | 336 | | AS 15.40.140 that is followed by a special runoff election; 19 |
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337 | 337 | | (2) 60 days after certification of the results of a general election, 20 |
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338 | 338 | | special runoff election, or special election other than a special [PRIMARY] election 21 |
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339 | 339 | | described in (1) of this subsection. 22 |
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340 | 340 | | * Sec. 17. AS 15.20.203(j) is amended to read: 23 |
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341 | 341 | | (j) The director shall make available through a free access system to each 24 |
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342 | 342 | | absentee voter a system to check to see whether the voter's ballot was counted and, if 25 |
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343 | 343 | | not counted, the reason why the ballot was not counted. The director shall make this 26 |
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344 | 344 | | information available through the free access system not less than 27 |
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345 | 345 | | (1) 10 days after certification of the results of a primary election, or a 28 |
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346 | 346 | | special [PRIMARY] election under AS 15.40.140 that is followed by a special 29 |
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347 | 347 | | runoff election; and 30 |
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348 | 348 | | (2) 30 days after certification of the results of a general or special 31 33-LS0033\A |
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349 | 349 | | HB0001a -11- HB 1 |
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350 | 350 | | New Text Underlined [DELETED TEXT BRACKETED] |
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351 | 351 | | |
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352 | 352 | | election, other than a special [PRIMARY] election described in (1) of this subsection. 1 |
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353 | 353 | | * Sec. 18. AS 15.20.207(i) is amended to read: 2 |
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354 | 354 | | (i) The director shall mail the materials described in (h) of this section to the 3 |
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355 | 355 | | voter not later than 4 |
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356 | 356 | | (1) 10 days after completion of the review of ballots by the state 5 |
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357 | 357 | | review board for a primary election or for a special [PRIMARY] election under 6 |
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358 | 358 | | AS 15.40.140 that is followed by a special runoff election; 7 |
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359 | 359 | | (2) 60 days after certification of the results of a general or special 8 |
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360 | 360 | | election, other than a special [PRIMARY] election described in (1) of this subsection. 9 |
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361 | 361 | | * Sec. 19. AS 15.20.207(k) is amended to read: 10 |
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362 | 362 | | (k) The director shall make available through a free access system to each 11 |
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363 | 363 | | voter voting a questioned ballot a system to check to see whether the voter's ballot was 12 |
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364 | 364 | | counted and, if not counted, the reason why the ballot was not counted. The director 13 |
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365 | 365 | | shall make this information available through the free access system not less than 14 |
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366 | 366 | | (1) 10 days after the certification of the results of a primary election or 15 |
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367 | 367 | | a special [PRIMARY] election under AS 15.40.140 that is followed by a special 16 |
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368 | 368 | | runoff election; and 17 |
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369 | 369 | | (2) 30 days after certification of the results of a general or special 18 |
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370 | 370 | | election, other than a special [PRIMARY] election described in (1) of this subsection. 19 |
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371 | 371 | | * Sec. 20. AS 15.20.211(d) is amended to read: 20 |
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372 | 372 | | (d) The director shall mail the materials described in (c) of this section to the 21 |
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373 | 373 | | voter not later than 22 |
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374 | 374 | | (1) 10 days after completion of the review of ballots by the state 23 |
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375 | 375 | | review board for a primary election, or for a special [PRIMARY] election under 24 |
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376 | 376 | | AS 15.40.140 that is followed by a special runoff election; 25 |
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377 | 377 | | (2) 60 days after certification of the results of a general or special 26 |
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378 | 378 | | election, other than a special [PRIMARY] election described in (1) of this subsection. 27 |
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379 | 379 | | * Sec. 21. AS 15.20.211(f) is amended to read: 28 |
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380 | 380 | | (f) The director shall make available through a free access system to each 29 |
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381 | 381 | | voter whose ballot was subject to partial counting under this section a system to check 30 |
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382 | 382 | | to see whether the voter's ballot was partially counted and, if not counted, the reason 31 33-LS0033\A |
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383 | 383 | | HB 1 -12- HB0001a |
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384 | 384 | | New Text Underlined [DELETED TEXT BRACKETED] |
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385 | 385 | | |
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386 | 386 | | why the ballot was not counted. The director shall make this information available 1 |
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387 | 387 | | through the free access system not less than 2 |
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388 | 388 | | (1) 10 days after certification of the results of a primary election or a 3 |
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389 | 389 | | special [PRIMARY] election under AS 15.40.140 that is followed by a special 4 |
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390 | 390 | | runoff election; and 5 |
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391 | 391 | | (2) 30 days after the certification of the results of a general or special 6 |
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392 | 392 | | election, other than a special [PRIMARY] election described in (1) of this subsection. 7 |
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393 | 393 | | * Sec. 22. AS 15.25.010 is amended to read: 8 |
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394 | 394 | | Sec. 15.25.010. Provision for primary election. Candidates for the elective 9 |
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395 | 395 | | state executive and state and national legislative offices shall be nominated in a 10 |
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396 | 396 | | primary election by direct vote of the people in the manner prescribed by this chapter. 11 |
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397 | 397 | | Unless two or more political parties have jointly requested a combined primary 12 |
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398 | 398 | | election ballot, the director shall prepare and provide a primary election ballot 13 |
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399 | 399 | | for each political party. The director shall prepare and provide a combined 14 |
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400 | 400 | | primary election ballot for two or more parties that have jointly requested a 15 |
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401 | 401 | | combined primary election ballot. A voter registered as affiliated with a political 16 |
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402 | 402 | | party may vote that party's ballot, or, a combined primary election ballot if the 17 |
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403 | 403 | | party's candidates are listed on the combined primary election ballot. A voter 18 |
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404 | 404 | | registered as nonpartisan or undeclared rather than as affiliated with a 19 |
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405 | 405 | | particular political party may vote the political party ballot or combined primary 20 |
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406 | 406 | | election ballot of the voter's choice unless prohibited from doing so under 21 |
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407 | 407 | | AS 15.25.015. A voter registered as affiliated with a political party may not vote 22 |
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408 | 408 | | the ballot of a different political party or a combined primary election ballot that 23 |
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409 | 409 | | only includes candidates of political parties other than the party the voter is 24 |
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410 | 410 | | registered as affiliated with unless permitted to do so under AS 15.25.015 [THE 25 |
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411 | 411 | | PRIMARY ELECTION DOES NOT SERVE TO DETERMINE THE NOMINEE OF 26 |
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412 | 412 | | A POLITICAL PARTY OR POLITICAL GROUP BUT SERVES ONLY TO 27 |
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413 | 413 | | NARROW THE NUMBER OF CANDIDATES WHOSE NAMES WILL APPEAR 28 |
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414 | 414 | | ON THE BALLOT AT THE GENERAL ELECTION. EXCEPT AS PROVIDED IN 29 |
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415 | 415 | | AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE THE 30 |
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416 | 416 | | GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL ADVANCE TO 31 33-LS0033\A |
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417 | 417 | | HB0001a -13- HB 1 |
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418 | 418 | | New Text Underlined [DELETED TEXT BRACKETED] |
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419 | 419 | | |
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420 | 420 | | THE GENERAL ELECTION]. 1 |
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421 | 421 | | * Sec. 23. AS 15.25 is amended by adding a new section to read: 2 |
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422 | 422 | | Sec. 15.25.015. Participation in primary election selection of a political 3 |
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423 | 423 | | party's candidates. (a) Not later than 5:00 p.m., Alaska time, on September 1 of the 4 |
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424 | 424 | | calendar year before the calendar year in which a primary election is to be held, a 5 |
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425 | 425 | | political party shall submit a notice in writing to the director stating whether the party 6 |
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426 | 426 | | bylaws expand or limit who may participate in the primary election for selection of the 7 |
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427 | 427 | | party's candidates for elective state executive and state and national legislative offices 8 |
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428 | 428 | | and whether the party requests a combined primary election ballot. If the party 9 |
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429 | 429 | | requests a combined primary election ballot, the party shall request the combined 10 |
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430 | 430 | | primary election ballot jointly with the other parties requesting the combined primary 11 |
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431 | 431 | | election ballot. A copy of the party's bylaws expanding or limiting who may 12 |
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432 | 432 | | participate in the primary election for selection of the party's candidates, 13 |
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433 | 433 | | documentation required under (b) of this section, and other information required by 14 |
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434 | 434 | | the director, must be submitted along with the notice. The notice, bylaws, 15 |
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435 | 435 | | documentation, and other information required by the director shall be provided by the 16 |
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436 | 436 | | party's chairperson or another party official designated by the party's bylaws. 17 |
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437 | 437 | | (b) Once a political party timely submits a notice and bylaws under (a) of this 18 |
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438 | 438 | | section and the director finds that the party has met the requirements of this chapter 19 |
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439 | 439 | | and other applicable laws, the director shall permit a voter registered as affiliated with 20 |
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440 | 440 | | another party to vote the party's ballot or a combined primary election ballot that 21 |
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441 | 441 | | includes the party's candidates if the voter is permitted by the party's bylaws to 22 |
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442 | 442 | | participate in the selection of the party's candidates and may not permit a voter 23 |
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443 | 443 | | registered as nonpartisan or undeclared to vote a party's ballot or a combined primary 24 |
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444 | 444 | | election ballot that includes the party's candidates if the party's bylaws restrict 25 |
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445 | 445 | | participation by nonpartisan or undeclared voters in the party's primary; however, for a 26 |
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446 | 446 | | subsequent primary election, the party shall timely submit another notice, bylaws, 27 |
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447 | 447 | | documentation, and other information under (a) of this section if the party's bylaws 28 |
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448 | 448 | | regarding who may participate in the primary election for selection of the party's 29 |
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449 | 449 | | candidates change. 30 |
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450 | 450 | | * Sec. 24. AS 15.25.030(a) is amended to read: 31 33-LS0033\A |
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451 | 451 | | HB 1 -14- HB0001a |
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452 | 452 | | New Text Underlined [DELETED TEXT BRACKETED] |
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453 | 453 | | |
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454 | 454 | | (a) A member of a political party [PERSON] who seeks to become a 1 |
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455 | 455 | | candidate of the party in the primary election [OR A SPECIAL PRIMARY 2 |
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456 | 456 | | ELECTION] shall execute and file a declaration of candidacy. The declaration shall be 3 |
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457 | 457 | | executed under oath before an officer authorized to take acknowledgments and must 4 |
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458 | 458 | | state in substance 5 |
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459 | 459 | | (1) the full name of the candidate; 6 |
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460 | 460 | | (2) the full mailing address of the candidate; 7 |
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461 | 461 | | (3) if the candidacy is for the office of state senator or state 8 |
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462 | 462 | | representative, the house or senate district of which the candidate is a resident; 9 |
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463 | 463 | | (4) the office for which the candidate seeks nomination; 10 |
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464 | 464 | | (5) the name of the political party of which the person is a candidate 11 |
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465 | 465 | | for nomination [OR POLITICAL GROUP WITH WHICH THE CANDIDATE IS 12 |
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466 | 466 | | REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 13 |
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467 | 467 | | PREFER A NONPARTISAN OR UNDECLARED DESIGNATION PLACED 14 |
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468 | 468 | | AFTER THE CANDIDATE'S NAME ON THE BALLOT]; 15 |
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469 | 469 | | (6) the full residence address of the candidate, and the date on which 16 |
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470 | 470 | | residency at that address began; 17 |
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471 | 471 | | (7) the date of the primary election [OR SPECIAL PRIMARY 18 |
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472 | 472 | | ELECTION] at which the candidate seeks nomination; 19 |
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473 | 473 | | (8) the length of residency in the state and in the district of the 20 |
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474 | 474 | | candidate; 21 |
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475 | 475 | | (9) that the candidate will meet the specific citizenship requirements of 22 |
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476 | 476 | | the office for which the person is a candidate; 23 |
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477 | 477 | | (10) that the candidate is a qualified voter as required by law; 24 |
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478 | 478 | | (11) that the candidate will meet the specific age requirements of the 25 |
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479 | 479 | | office for which the person is a candidate; if the candidacy is for the office of state 26 |
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480 | 480 | | representative, that the candidate will be at least 21 years of age on the first scheduled 27 |
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481 | 481 | | day of the first regular session of the legislature convened after the election; if the 28 |
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482 | 482 | | candidacy is for the office of state senator, that the candidate will be at least 25 years 29 |
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483 | 483 | | of age on the first scheduled day of the first regular session of the legislature convened 30 |
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484 | 484 | | after the election; if the candidacy is for the office of governor or lieutenant governor, 31 33-LS0033\A |
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485 | 485 | | HB0001a -15- HB 1 |
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486 | 486 | | New Text Underlined [DELETED TEXT BRACKETED] |
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487 | 487 | | |
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488 | 488 | | that the candidate will be at least 30 years of age on the first Monday in December 1 |
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489 | 489 | | following election or, if the office is to be filled by special election under 2 |
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490 | 490 | | AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 3 |
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491 | 491 | | date of certification of the results of the special election; or, for any other office, by 4 |
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492 | 492 | | the time that the candidate, if elected, is sworn into office; 5 |
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493 | 493 | | (12) that the candidate requests that the candidate's name be placed on 6 |
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494 | 494 | | the primary [ELECTION OR SPECIAL PRIMARY] election ballot; 7 |
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495 | 495 | | (13) that the required fee accompanies the declaration; 8 |
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496 | 496 | | (14) that the person is not a candidate for any other office to be voted 9 |
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497 | 497 | | on at the primary or general election and that the person is not a candidate for this 10 |
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498 | 498 | | office under any other declaration of candidacy or nominating petition; and 11 |
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499 | 499 | | (15) the manner in which the candidate wishes the candidate's name to 12 |
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500 | 500 | | appear on the ballot [; 13 |
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501 | 501 | | (16) IF THE CANDIDACY IS FOR THE OFFICE OF THE 14 |
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502 | 502 | | GOVERNOR, THE NAME OF THE CANDIDATE FOR LIEUTENANT 15 |
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503 | 503 | | GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR GOVERNOR; 16 |
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504 | 504 | | AND 17 |
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505 | 505 | | (17) IF THE CANDIDACY IS FOR THE OFFICE OF LIEUTENANT 18 |
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506 | 506 | | GOVERNOR, THE NAME OF THE CANDIDATE FOR GOVERNOR RUNNING 19 |
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507 | 507 | | JOINTLY WITH THE CANDIDATE FOR LIEUTENANT GOVERNOR]. 20 |
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508 | 508 | | * Sec. 25. AS 15.25 is amended by adding a new section to read: 21 |
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509 | 509 | | Sec. 15.25.057. Nomination by party petition where incumbent dies or is 22 |
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510 | 510 | | disqualified or incapacitated. (a) If an unopposed incumbent candidate for 23 |
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511 | 511 | | renomination dies, becomes disqualified from holding the office the candidate is 24 |
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512 | 512 | | seeking, or is certified as being incapacitated between June 1 of the election year and 25 |
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513 | 513 | | that date which is more than 54 days before the date of the primary election, the 26 |
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514 | 514 | | candidate's place on the ballot may be filled by party petition. The petition shall state 27 |
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515 | 515 | | that the political party requests the name of the proposed candidate replace that of the 28 |
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516 | 516 | | incumbent on the primary election ballot and shall be accompanied by a declaration of 29 |
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517 | 517 | | candidacy from the person named in the petition. The petition must be received by the 30 |
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518 | 518 | | director not later than 14 days after the death, disqualification, or certification of 31 33-LS0033\A |
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519 | 519 | | HB 1 -16- HB0001a |
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520 | 520 | | New Text Underlined [DELETED TEXT BRACKETED] |
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521 | 521 | | |
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522 | 522 | | incapacity of the incumbent or 52 days before the primary election date, whichever 1 |
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523 | 523 | | time is earlier. 2 |
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524 | 524 | | (b) The method for certifying an incumbent candidate for nomination as being 3 |
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525 | 525 | | incapacitated, the method for selecting the person who is to be named in the party 4 |
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526 | 526 | | petition, and the method for placing the name of the person selected on the primary 5 |
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527 | 527 | | nomination ballot are the same as those prescribed in AS 15.25.111 and 15.25.131 6 |
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528 | 528 | | relating to filling vacancies of party nominees in a general election. 7 |
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529 | 529 | | (c) The death, disqualification, or certification of incapacity of the incumbent 8 |
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530 | 530 | | within 52 days before or on the primary election date does not affect the counting and 9 |
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531 | 531 | | review of the ballots. If the result of the counting and review discloses that the 10 |
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532 | 532 | | candidate, if the candidate had lived, would have been nominated, the candidate shall 11 |
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533 | 533 | | be declared nominated. The vacancy may be filled by party petition as provided in 12 |
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534 | 534 | | AS 15.25.111 - 15.25.131. 13 |
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535 | 535 | | * Sec. 26. AS 15.25.060 is repealed and reenacted to read: 14 |
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536 | 536 | | Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 15 |
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537 | 537 | | (a) The primary election ballots shall be prepared and distributed by the director in the 16 |
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538 | 538 | | manner prescribed in this section. Unless two or more political parties have jointly 17 |
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539 | 539 | | requested a combined primary election ballot, the director shall prepare and provide a 18 |
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540 | 540 | | primary election ballot for each political party that contains all of the candidates of 19 |
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541 | 541 | | that party for elective state executive and state and national legislative offices and all 20 |
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542 | 542 | | of the ballot titles and propositions required to appear on the ballot at the primary 21 |
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543 | 543 | | election. Upon the joint request of two or more political parties, the director shall 22 |
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544 | 544 | | prepare and provide a combined primary election ballot for those parties that contains 23 |
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545 | 545 | | all of the candidates of the parties for elective state executive and state and national 24 |
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546 | 546 | | legislative offices and all of the ballot titles and propositions required to appear on the 25 |
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547 | 547 | | ballot at the primary election. The director shall print the ballots on white paper and 26 |
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548 | 548 | | place the names of all candidates who have properly filed in groups according to 27 |
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549 | 549 | | offices. The order of the placement of the names for each offic |
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550 | 550 | | e shall be as provided 28 |
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551 | 551 | | for the general election ballot. Blank spaces may not be provided on the ballot for the 29 |
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552 | 552 | | writing or pasting in of names. The director shall also prepare and print a separate 30 |
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553 | 553 | | primary election ballot including only the ballot titles and propositions required to 31 33-LS0033\A |
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554 | 554 | | HB0001a -17- HB 1 |
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555 | 555 | | New Text Underlined [DELETED TEXT BRACKETED] |
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556 | 556 | | |
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557 | 557 | | appear on the ballot. 1 |
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558 | 558 | | (b) A voter may vote only one primary election ballot. A voter may vote a 2 |
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559 | 559 | | political party ballot only if the voter is registered as affiliated with that party, is 3 |
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560 | 560 | | allowed to participate in the party primary under the party's bylaws, or is registered as 4 |
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561 | 561 | | nonpartisan or undeclared rather than as affiliated with a particular political party and 5 |
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562 | 562 | | the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 6 |
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563 | 563 | | the party's primary. A voter may vote a combined primary election ballot only if the 7 |
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564 | 564 | | voter is registered as affiliated with a party appearing on the ballot, is allowed to 8 |
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565 | 565 | | participate in the party primary under the parties' bylaws, or is registered as 9 |
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566 | 566 | | nonpartisan or undeclared rather than as affiliated with a particular political party and 10 |
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567 | 567 | | the parties' bylaws do not restrict participation by nonpartisan or undeclared voters in 11 |
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568 | 568 | | the parties' primaries. For the purpose of determining which primary election ballot a 12 |
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569 | 569 | | voter may use, a voter's party affiliation is considered to be the affiliation registered 13 |
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570 | 570 | | with the director as of the 30th day before the primary election. If a voter changes 14 |
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571 | 571 | | party affiliation within the 30 days before the primary election, the voter's previous 15 |
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572 | 572 | | party affiliation shall be used for the determination under this subsection. 16 |
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573 | 573 | | (c) If a voter is not voting in person and has requested an absentee ballot or 17 |
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574 | 574 | | special needs ballot but has not indicated a choice of ballot, the director shall provide 18 |
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575 | 575 | | the voter with the ballot listing the candidates of the political party or group with 19 |
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576 | 576 | | which the voter is affiliated, as determined under (b) of this section. 20 |
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577 | 577 | | * Sec. 27. AS 15.25.100 is repealed and reenacted to read: 21 |
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578 | 578 | | Sec. 15.25.100. Placement of nominees on general election ballot. The 22 |
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579 | 579 | | director shall place the name of the candidate receiving the highest number of votes 23 |
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580 | 580 | | for an office by a political party on the general election ballot. 24 |
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581 | 581 | | * Sec. 28. AS 15.25.105(a) is amended to read: 25 |
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582 | 582 | | (a) If a candidate does not appear on the primary election ballot or is not 26 |
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583 | 583 | | successful in advancing to the general election and wishes to be a candidate in the 27 |
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584 | 584 | | general election, the candidate may file as a write-in candidate. Votes for a write-in 28 |
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585 | 585 | | candidate may not be counted unless that candidate has filed a letter of intent with the 29 |
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586 | 586 | | director stating 30 |
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587 | 587 | | (1) the full name of the candidate; 31 33-LS0033\A |
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588 | 588 | | HB 1 -18- HB0001a |
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589 | 589 | | New Text Underlined [DELETED TEXT BRACKETED] |
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590 | 590 | | |
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591 | 591 | | (2) the full residence address of the candidate and the date on which 1 |
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592 | 592 | | residency at that address began; 2 |
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593 | 593 | | (3) the full mailing address of the candidate; 3 |
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594 | 594 | | (4) the name of the political party or political group of which the 4 |
---|
595 | 595 | | candidate is a member, if any [WITH WHICH THE CANDIDATE IS 5 |
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596 | 596 | | REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 6 |
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597 | 597 | | PREFER A NONPARTISAN OR UNDECLARED DESIGNATION]; 7 |
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598 | 598 | | (5) if the candidate is for the office of state senator or state 8 |
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599 | 599 | | representative, the house or senate district of which the candidate is a resident; 9 |
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600 | 600 | | (6) the office that the candidate seeks; 10 |
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601 | 601 | | (7) the date of the election at which the candidate seeks election; 11 |
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602 | 602 | | (8) the length of residency in the state and in the house district of the 12 |
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603 | 603 | | candidate; 13 |
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604 | 604 | | (9) the name of the candidate as the candidate wishes it to be written 14 |
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605 | 605 | | on the ballot by the voter; 15 |
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606 | 606 | | (10) that the candidate meets the specific citizenship requirements of 16 |
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607 | 607 | | the office for which the person is a candidate; 17 |
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608 | 608 | | (11) that the candidate will meet the specific age requirements of the 18 |
---|
609 | 609 | | office for which the person is a candidate; if the candidacy is for the office of state 19 |
---|
610 | 610 | | representative, that the candidate will be at least 21 years of age on the first scheduled 20 |
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611 | 611 | | day of the first regular session of the legislature convened after the election; if the 21 |
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612 | 612 | | candidacy is for the office of state senator, that the candidate will be at least 25 years 22 |
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613 | 613 | | of age on the first scheduled day of the first regular session of the legislature convened 23 |
---|
614 | 614 | | after the election; if the candidacy is for the office of governor or lieutenant governor, 24 |
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615 | 615 | | that the candidate will be at least 30 years of age on the first Monday in December 25 |
---|
616 | 616 | | following election or, if the office is to be filled by special election under 26 |
---|
617 | 617 | | AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 27 |
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618 | 618 | | date of certification of the results of the special election; or, for any other office, by 28 |
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619 | 619 | | the time that the candidate, if elected, is sworn into office; 29 |
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620 | 620 | | (12) that the candidate is a qualified voter as required by law; and 30 |
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621 | 621 | | (13) that the candidate is not a candidate for any other office to be 31 33-LS0033\A |
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622 | 622 | | HB0001a -19- HB 1 |
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623 | 623 | | New Text Underlined [DELETED TEXT BRACKETED] |
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624 | 624 | | |
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625 | 625 | | voted on at the general election and that the candidate is not a candidate for this office 1 |
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626 | 626 | | under any other nominating petition or declaration of candidacy. 2 |
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627 | 627 | | * Sec. 29. AS 15.25.105(b) is amended to read: 3 |
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628 | 628 | | (b) If a write-in candidate is running for the office of governor, the candidate 4 |
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629 | 629 | | must file a joint letter of intent together with a candidate for lieutenant governor. Both 5 |
---|
630 | 630 | | candidates must be of the same political party or group. 6 |
---|
631 | 631 | | * Sec. 30. AS 15.25 is amended by adding new sections to article 1 to read: 7 |
---|
632 | 632 | | Sec. 15.25.111. Filling vacancies by party petition. If a candidate of a 8 |
---|
633 | 633 | | political party nominated at the primary election dies, withdraws, resigns, becomes 9 |
---|
634 | 634 | | disqualified from holding the office for which the candidate is nominated, or is 10 |
---|
635 | 635 | | certified as being incapacitated in the manner prescribed by this section after the 11 |
---|
636 | 636 | | primary election and 64 days or more before the general election, the vacancy may be 12 |
---|
637 | 637 | | filled by party petition. The central committee of any political party or any party 13 |
---|
638 | 638 | | district committee may certify as being incapacitated any candidate nominated by their 14 |
---|
639 | 639 | | respective party by presenting to the director a sworn statement made by a panel of 15 |
---|
640 | 640 | | three licensed physicians, not more than two of whom may be of the same political 16 |
---|
641 | 641 | | party, that the candidate is physically or mentally incapacitated to an extent that 17 |
---|
642 | 642 | | would, in the panel's judgment, prevent the candidate from active service during the 18 |
---|
643 | 643 | | term of office if elected. The director shall place the name of the person nominated by 19 |
---|
644 | 644 | | party petition on the general election ballot. The name of a candidate disqualified 20 |
---|
645 | 645 | | under this section may not appear on the general election ballot. 21 |
---|
646 | 646 | | Sec. 15.25.121. Requirements for party petition. Party petitions for the 22 |
---|
647 | 647 | | nomination of candidates shall state in substance that the political party desires and 23 |
---|
648 | 648 | | intends to support the named candidate for the named office and requests that the 24 |
---|
649 | 649 | | name of the proposed candidate be placed on the general election ballot. The petition 25 |
---|
650 | 650 | | may be filed not later than 64 days before the date of the general election. 26 |
---|
651 | 651 | | Sec. 15.25.131. Selection of nominees for party petition. The nominees of 27 |
---|
652 | 652 | | political parties by party petition may be selected for statewide offices by the state 28 |
---|
653 | 653 | | party central committee or in any other manner prescribed by the party bylaws, and the 29 |
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654 | 654 | | petition for statewide offices shall be signed by the state chairperson of the political 30 |
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655 | 655 | | party or, in the absence of the state chairperson, by any two members of the state party 31 33-LS0033\A |
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656 | 656 | | HB 1 -20- HB0001a |
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657 | 657 | | New Text Underlined [DELETED TEXT BRACKETED] |
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658 | 658 | | |
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659 | 659 | | central committee. The nominees of political parties by party petition may be selected 1 |
---|
660 | 660 | | for district-wide offices by the respective party district committee or in any other 2 |
---|
661 | 661 | | manner prescribed by the party bylaws, and the petition for district-wide offices shall 3 |
---|
662 | 662 | | be signed by the chairperson of the party district committee, or in the absence of the 4 |
---|
663 | 663 | | chairperson, by any two members of the party district committee, or in any other 5 |
---|
664 | 664 | | manner prescribed by the party bylaws. The petition may be delivered in person or by 6 |
---|
665 | 665 | | mail, facsimile, or other reliable electronic transmission. 7 |
---|
666 | 666 | | * Sec. 31. AS 15.25 is amended by adding new sections to article 2 to read: 8 |
---|
667 | 667 | | Sec. 15.25.141. Provision for no-party candidate nominations. Candidates 9 |
---|
668 | 668 | | not representing a political party are nominated by petition. 10 |
---|
669 | 669 | | Sec. 15.25.151. Date of filing petition. A candidate seeking nomination by 11 |
---|
670 | 670 | | petition shall submit the information required under AS 15.25.181(a)(1) - (8) and (11) 12 |
---|
671 | 671 | | - (17) to the director in the time and manner specified in AS 15.25.040. The full 13 |
---|
672 | 672 | | petition with voter signatures shall be filed with the director by actual physical 14 |
---|
673 | 673 | | delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary 15 |
---|
674 | 674 | | election in the year in which a general election is held for the office, or by actual 16 |
---|
675 | 675 | | physical delivery to the director by registered or certified mail return receipt requested 17 |
---|
676 | 676 | | which is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary 18 |
---|
677 | 677 | | election in the year in which a general election is held for the office, and received not 19 |
---|
678 | 678 | | more than 15 days after that time. If the postmark is illegible, a dated receipt from the 20 |
---|
679 | 679 | | post office where dispatched shall be acceptable as evidence of mailing. 21 |
---|
680 | 680 | | Sec. 15.25.161. Required number of signatures for statewide office. 22 |
---|
681 | 681 | | Petitions for the nomination of candidates for the office of governor, lieutenant 23 |
---|
682 | 682 | | governor, United States senator, and United States representative shall be signed by 24 |
---|
683 | 683 | | qualified voters of the state equal in number to at least one percent of the number of 25 |
---|
684 | 684 | | voters who cast ballots in the preceding general election. 26 |
---|
685 | 685 | | Sec. 15.25.171. Required number of signatures for district-wide office. 27 |
---|
686 | 686 | | Petitions for the nomination of candidates for the office of state senator or state 28 |
---|
687 | 687 | | representative shall be signed by qualified voters of the house or senate district in 29 |
---|
688 | 688 | | which the proposed nominee desires to be a candidate equal in number to at least one 30 |
---|
689 | 689 | | percent of the number of voters who cast ballots in the propose |
---|
690 | 690 | | d nominee's respective 31 33-LS0033\A |
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691 | 691 | | HB0001a -21- HB 1 |
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692 | 692 | | New Text Underlined [DELETED TEXT BRACKETED] |
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693 | 693 | | |
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694 | 694 | | house or senate district in the preceding general election. A nominating petition may 1 |
---|
695 | 695 | | not contain less than 50 signatures for any district. 2 |
---|
696 | 696 | | Sec. 15.25.181. Requirements for petition. (a) The petition must state in 3 |
---|
697 | 697 | | substance 4 |
---|
698 | 698 | | (1) the full name of the candidate; 5 |
---|
699 | 699 | | (2) the full residence address of the candidate and the date on which 6 |
---|
700 | 700 | | residency at that address began; 7 |
---|
701 | 701 | | (3) the full mailing address of the candidate; 8 |
---|
702 | 702 | | (4) the name of the political group, if any, supporting the candidate; 9 |
---|
703 | 703 | | (5) if the candidacy is for the office of state senator or state 10 |
---|
704 | 704 | | representative, the house or senate district of which the candidate is a resident; 11 |
---|
705 | 705 | | (6) the office for which the candidate is nominated; 12 |
---|
706 | 706 | | (7) the date of the election at which the candidate seeks election; 13 |
---|
707 | 707 | | (8) the length of residency in the state and in the district of the 14 |
---|
708 | 708 | | candidate; 15 |
---|
709 | 709 | | (9) that the subscribers are qualified voters of the state or house or 16 |
---|
710 | 710 | | senate district in which the candidate resides; 17 |
---|
711 | 711 | | (10) that the subscribers request that the candidate's name be placed on 18 |
---|
712 | 712 | | the general election ballot; 19 |
---|
713 | 713 | | (11) that the proposed candidate accepts the nomination and will serve 20 |
---|
714 | 714 | | if elected with the statement signed by the proposed candidate; 21 |
---|
715 | 715 | | (12) the name of the candidate as the candidate wishes it to appear on 22 |
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716 | 716 | | the ballot; 23 |
---|
717 | 717 | | (13) that the candidate is not a candidate for any other office to be 24 |
---|
718 | 718 | | voted on at the primary or general election and that the candidate is not a candidate for 25 |
---|
719 | 719 | | this office under any other nominating petition or declaration of candidacy; 26 |
---|
720 | 720 | | (14) that the candidate meets the specific citizenship requirements of 27 |
---|
721 | 721 | | the office for which the person is a candidate; 28 |
---|
722 | 722 | | (15) that the candidate will meet the specific age requirements of the 29 |
---|
723 | 723 | | office for which the person is a candidate; if the candidacy is for the office of state 30 |
---|
724 | 724 | | representative, that the candidate will be at least 21 years of age on the first scheduled 31 33-LS0033\A |
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725 | 725 | | HB 1 -22- HB0001a |
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726 | 726 | | New Text Underlined [DELETED TEXT BRACKETED] |
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727 | 727 | | |
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728 | 728 | | day of the first regular session of the legislature convened after the election; if the 1 |
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729 | 729 | | candidacy is for the office of state senator, that the candidate will be at least 25 years 2 |
---|
730 | 730 | | of age on the first scheduled day of the first regular session of the legislature convened 3 |
---|
731 | 731 | | after the election; and if the candidacy is for the office of governor or lieutenant 4 |
---|
732 | 732 | | governor, that the candidate will be at least 30 years of age on the first Monday in 5 |
---|
733 | 733 | | December following the election or, if the office is to be filled by special election 6 |
---|
734 | 734 | | under AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on 7 |
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735 | 735 | | the date of certification of the results of the special election; or, for any other office, 8 |
---|
736 | 736 | | by the time that the candidate, if elected, is sworn into office; 9 |
---|
737 | 737 | | (16) that the candidate is a qualified voter; and 10 |
---|
738 | 738 | | (17) if the candidacy is for the office of the governor, the name of the 11 |
---|
739 | 739 | | candidate for lieutenant governor running jointly with the candidate for governor. 12 |
---|
740 | 740 | | (b) A person filing a nominating petition under this section, other than a 13 |
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741 | 741 | | person subject to AS 24.60 who is filing a petition for a state legislative office, shall 14 |
---|
742 | 742 | | simultaneously file with the director a statement of income sources and business 15 |
---|
743 | 743 | | interests that complies with the requirements of AS 39.50. A person who is subject to 16 |
---|
744 | 744 | | AS 24.60 and is filing a nominating petition for state legislative office shall 17 |
---|
745 | 745 | | simultaneously file with the director a disclosure statement that complies with the 18 |
---|
746 | 746 | | requirements of AS 24.60.200. 19 |
---|
747 | 747 | | (c) An incumbent public official, other than a legislator, who has a current 20 |
---|
748 | 748 | | statement of income sources and business interests under AS 39.50 on file with the 21 |
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749 | 749 | | Alaska Public Offices Commission, or an incumbent legislator who has a current 22 |
---|
750 | 750 | | disclosure statement under AS 24.60.200 on file with the Alaska Public Offices 23 |
---|
751 | 751 | | Commission, is not required to file a statement of income sources and business 24 |
---|
752 | 752 | | interests or a disclosure statement with the nominating petition under (b) of this 25 |
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753 | 753 | | section. 26 |
---|
754 | 754 | | Sec. 15.25.186. Eligibility of candidate. The provisions of AS 15.25.042 and 27 |
---|
755 | 755 | | 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 28 |
---|
756 | 756 | | nomination by petition under AS 15.25.141 - 15.25.201. 29 |
---|
757 | 757 | | Sec. 15.25.191. Placement of names on general election ballot. The director 30 |
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758 | 758 | | shall place the names and the political group affiliation of persons who have been 31 33-LS0033\A |
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759 | 759 | | HB0001a -23- HB 1 |
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760 | 760 | | New Text Underlined [DELETED TEXT BRACKETED] |
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761 | 761 | | |
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762 | 762 | | properly nominated by petition on the general election ballot. 1 |
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763 | 763 | | Sec. 15.25.201. Withdrawal of candidate's name. If a candidate nominated 2 |
---|
764 | 764 | | by petition dies or withdraws after the petition has been filed and 64 days or more 3 |
---|
765 | 765 | | before the general election, the director may not place the name of the candidate on 4 |
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766 | 766 | | the general election ballot. 5 |
---|
767 | 767 | | * Sec. 32. AS 15.30.010 is amended to read: 6 |
---|
768 | 768 | | Sec. 15.30.010. Provision for selection of electors. Electors of President and 7 |
---|
769 | 769 | | Vice President of the United States are selected by election at the general election in 8 |
---|
770 | 770 | | presidential election years [, IN THE MANNER AND AS DETERMINED BY THE 9 |
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771 | 771 | | RANKED-CHOICE METHOD OF TABULATING VOTES DESCRIBED IN 10 |
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772 | 772 | | AS 15.15.350 - 15.15.370]. 11 |
---|
773 | 773 | | * Sec. 33. AS 15.40.140 is amended to read: 12 |
---|
774 | 774 | | Sec. 15.40.140. Condition of calling [SPECIAL PRIMARY ELECTION 13 |
---|
775 | 775 | | AND] special election. When a vacancy occurs in the office of United States senator 14 |
---|
776 | 776 | | or United States representative, the governor shall, by proclamation, call a special 15 |
---|
777 | 777 | | [PRIMARY] election under AS 15.40.144(a); however, [TO BE HELD ON A DATE 16 |
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778 | 778 | | NOT LESS THAN 60, NOR MORE THAN 90, DAYS AFTER THE DATE THE 17 |
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779 | 779 | | VACANCY OCCURS, TO BE FOLLOWED BY A SPECIAL ELECTION ON THE 18 |
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780 | 780 | | FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS 19 |
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781 | 781 | | THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION. HOWEVER, IN 20 |
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782 | 782 | | AN ELECTION YEAR IN WHICH A CANDIDATE FOR THAT OFFICE IS NOT 21 |
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783 | 783 | | REGULARLY ELECTED,] if the vacancy occurs on a date that is [NOT] less than 60 22 |
---|
784 | 784 | | days [, NOR MORE THAN 90,] before or is on or after the date of 23 |
---|
785 | 785 | | [(1)] the primary election in the general election year during which 24 |
---|
786 | 786 | | a candidate to fill the office is regularly elected, the governor may not call a [, 25 |
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787 | 787 | | THE] special [PRIMARY] election [SHALL BE HELD ON THE DATE OF THE 26 |
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788 | 788 | | PRIMARY ELECTION WITH THE SUBSEQUENT SPECIAL ELECTION TO BE 27 |
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789 | 789 | | HELD ON THE DATE OF THE GENERAL ELECTION; OR 28 |
---|
790 | 790 | | (2) THE GENERAL ELECTION, THE SPECIAL PRIMARY 29 |
---|
791 | 791 | | ELECTION SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION 30 |
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792 | 792 | | WITH THE SUBSEQUENT SPECIAL ELECTION TO BE HELD ON THE FIRST 31 33-LS0033\A |
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793 | 793 | | HB 1 -24- HB0001a |
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794 | 794 | | New Text Underlined [DELETED TEXT BRACKETED] |
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795 | 795 | | |
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796 | 796 | | TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS THAN 1 |
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797 | 797 | | 60 DAYS AFTER THE SPECIAL PRIMARY AND GENERAL ELECTION]. 2 |
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798 | 798 | | * Sec. 34. AS 15.40 is amended by adding new sections to read: 3 |
---|
799 | 799 | | Sec. 15.40.143. Condition of calling a special runoff election. (a) If no 4 |
---|
800 | 800 | | candidate in a special election called under AS 15.40.140 receives over 50 percent of 5 |
---|
801 | 801 | | the votes cast for the office, the governor shall, by proclamation, call a special runoff 6 |
---|
802 | 802 | | election under AS 15.40.144(b). 7 |
---|
803 | 803 | | (b) In a special runoff election called under (a) of this section, the director 8 |
---|
804 | 804 | | shall place the names of the candidates receiving the greatest number of votes and the 9 |
---|
805 | 805 | | second greatest number of votes in the special election on the special runoff election 10 |
---|
806 | 806 | | ballot. 11 |
---|
807 | 807 | | Sec. 15.40.144. Time of calling the special election and special runoff 12 |
---|
808 | 808 | | election. (a) Except as provided in (c) of this section, if a special election is called 13 |
---|
809 | 809 | | under AS 15.40.140, it shall be held on a date not less than 60, nor more than 90, days 14 |
---|
810 | 810 | | after the date the vacancy occurs. 15 |
---|
811 | 811 | | (b) Except as provided in (c) of this section, a special runoff election under 16 |
---|
812 | 812 | | AS 15.40.143 shall be held on the first Tuesday that is not a state holiday occurring 17 |
---|
813 | 813 | | not less than 60 days after the special election. 18 |
---|
814 | 814 | | (c) In an election year in which a candidate for the vacant office is not 19 |
---|
815 | 815 | | regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 20 |
---|
816 | 816 | | than 90, days before the date of 21 |
---|
817 | 817 | | (1) the primary election, the special election shall be held on the date 22 |
---|
818 | 818 | | of the primary election with any subsequent special runoff election under 23 |
---|
819 | 819 | | AS 15.40.143 to be held on the date of the general election; or 24 |
---|
820 | 820 | | (2) the general election, the special election shall be held on the date of 25 |
---|
821 | 821 | | the general election with any subsequent special runoff election under AS 15.40.143 to 26 |
---|
822 | 822 | | be held on the first Tuesday that is not a state holiday occurring not less than 60 days 27 |
---|
823 | 823 | | after the special and general election. 28 |
---|
824 | 824 | | * Sec. 35. AS 15.40 is amended by adding a new section to read: 29 |
---|
825 | 825 | | Sec. 15.40.151. Condition for holding special election with primary. If the 30 |
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826 | 826 | | vacancy occurs on a date not less than 60, nor more than 90, days before the date of 31 33-LS0033\A |
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827 | 827 | | HB0001a -25- HB 1 |
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828 | 828 | | New Text Underlined [DELETED TEXT BRACKETED] |
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829 | 829 | | |
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830 | 830 | | the primary election, the governor shall, by proclamation, call the special election to 1 |
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831 | 831 | | be held on the date of the primary election. 2 |
---|
832 | 832 | | * Sec. 36. AS 15.40.160 is amended to read: 3 |
---|
833 | 833 | | Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 4 |
---|
834 | 834 | | [CALLING THE SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at 5 |
---|
835 | 835 | | least 50 days before the 6 |
---|
836 | 836 | | (1) special [PRIMARY] election; and 7 |
---|
837 | 837 | | (2) if a special runoff election is required under AS 15.40.143(a), 8 |
---|
838 | 838 | | special runoff election. 9 |
---|
839 | 839 | | * Sec. 37. AS 15.40.165 is amended to read: 10 |
---|
840 | 840 | | Sec. 15.40.165. Term of elected senator. At the special election, or, as 11 |
---|
841 | 841 | | provided by AS 15.40.143, at the special runoff election, a United States senator 12 |
---|
842 | 842 | | shall be elected to fill the remainder of the unexpired term. The person elected shall 13 |
---|
843 | 843 | | take office on the date the United States Senate meets, convenes, or reconvenes 14 |
---|
844 | 844 | | following the certification of the results of the special election or special runoff 15 |
---|
845 | 845 | | election by the director. 16 |
---|
846 | 846 | | * Sec. 38. AS 15.40.170 is amended to read: 17 |
---|
847 | 847 | | Sec. 15.40.170. Term of elected representative. At the special election, or, as 18 |
---|
848 | 848 | | provided by AS 15.40.143, at the special runoff election, a United States 19 |
---|
849 | 849 | | representative shall be elected to fill the remainder of the unexpired term. The person 20 |
---|
850 | 850 | | elected shall take office on the date the United States house of representatives meets, 21 |
---|
851 | 851 | | convenes, or reconvenes following the certification of the results of the special 22 |
---|
852 | 852 | | election or special runoff election by the director. 23 |
---|
853 | 853 | | * Sec. 39. AS 15.40.190 is amended to read: 24 |
---|
854 | 854 | | Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions 25 |
---|
855 | 855 | | for the nomination of candidates not representing a political party shall be signed 26 |
---|
856 | 856 | | by qualified voters of the state equal in number to at least one percent of the 27 |
---|
857 | 857 | | number of voters who cast ballots in the preceding general election and shall 28 |
---|
858 | 858 | | [MUST BE EXECUTED UNDER OATH,] state in substance that which is required 29 |
---|
859 | 859 | | for nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 30 |
---|
860 | 860 | | UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 31 33-LS0033\A |
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861 | 861 | | HB 1 -26- HB0001a |
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862 | 862 | | New Text Underlined [DELETED TEXT BRACKETED] |
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863 | 863 | | |
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864 | 864 | | AS 15.25.050(a)]. 1 |
---|
865 | 865 | | * Sec. 40. AS 15.40 is amended by adding new sections to read: 2 |
---|
866 | 866 | | Sec. 15.40.201. Requirements of party petition. Petitions for the nomination 3 |
---|
867 | 867 | | of candidates of political parties shall state in substance that the party desires and 4 |
---|
868 | 868 | | intends to support the named candidate for the office of United States senator or 5 |
---|
869 | 869 | | United States representative, as appropriate, at the special election and requests that 6 |
---|
870 | 870 | | the name of the candidate nominated be placed on the ballot. 7 |
---|
871 | 871 | | Sec. 15.40.211. Selection of party nominees. The nominees of political 8 |
---|
872 | 872 | | parties may be selected by the state convention or in any other manner prescribed by 9 |
---|
873 | 873 | | the party bylaws, and the petition shall be signed by the chairperson and secretary of 10 |
---|
874 | 874 | | the state convention, or if the nominees are selected by the party central committee, 11 |
---|
875 | 875 | | the petition shall be signed by the chairperson of the central committee or in any other 12 |
---|
876 | 876 | | manner prescribed by the party bylaws. 13 |
---|
877 | 877 | | * Sec. 41. AS 15.40.220 is amended to read: 14 |
---|
878 | 878 | | Sec. 15.40.220. General provisions for conduct of [THE] special 15 |
---|
879 | 879 | | [PRIMARY] election and special runoff election. Unless specifically provided 16 |
---|
880 | 880 | | otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17 |
---|
881 | 881 | | general election shall govern the conduct of the special [PRIMARY] election and the 18 |
---|
882 | 882 | | special runoff election of the United States senator or United States representative, 19 |
---|
883 | 883 | | including provisions concerning voter qualifications; provisions regarding the duties, 20 |
---|
884 | 884 | | powers, rights, and obligations of the director, of other election officials, and of 21 |
---|
885 | 885 | | municipalities; provision for notification of the election; provision for payment of 22 |
---|
886 | 886 | | election expenses; provisions regarding employees being allowed time from work to 23 |
---|
887 | 887 | | vote; provisions for the counting, reviewing, and certification of returns; provisions 24 |
---|
888 | 888 | | for running as, voting for, and counting ballots for a write-in candidate; 25 |
---|
889 | 889 | | provisions for the determination of the votes and of recounts, contests, and appeal; and 26 |
---|
890 | 890 | | provision for absentee voting. 27 |
---|
891 | 891 | | * Sec. 42. AS 15.40.230 is amended to read: 28 |
---|
892 | 892 | | Sec. 15.40.230. Condition and time of calling [SPECIAL PRIMARY 29 |
---|
893 | 893 | | ELECTION AND] special election. When a person appointed to succeed to the 30 |
---|
894 | 894 | | office of lieutenant governor succeeds to the office of acting governor, the acting 31 33-LS0033\A |
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895 | 895 | | HB0001a -27- HB 1 |
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896 | 896 | | New Text Underlined [DELETED TEXT BRACKETED] |
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897 | 897 | | |
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898 | 898 | | governor shall, by proclamation, call a special [PRIMARY] election to be held on a 1 |
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899 | 899 | | date not less than 60, nor more than 90, days after the date the vacancy in the office of 2 |
---|
900 | 900 | | the governor occurred [AND A SUBSEQUENT SPECIAL ELECTION TO BE HELD 3 |
---|
901 | 901 | | ON THE FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING 4 |
---|
902 | 902 | | NOT LESS THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION]. 5 |
---|
903 | 903 | | However, if the vacancy occurs on a date that is less than 60 days before or is on or 6 |
---|
904 | 904 | | after the date of the primary election in years in which a governor is regularly elected, 7 |
---|
905 | 905 | | the acting governor shall serve the remainder of the unexpired term and may not call a 8 |
---|
906 | 906 | | special election. 9 |
---|
907 | 907 | | * Sec. 43. AS 15.40.240 is amended to read: 10 |
---|
908 | 908 | | Sec. 15.40.240. Conditions for holding special [PRIMARY ELECTION 11 |
---|
909 | 909 | | AND SPECIAL] election with primary or general election. If the vacancy occurs 12 |
---|
910 | 910 | | on a date not less than 60, nor more than 90, days before the date of the primary 13 |
---|
911 | 911 | | election in years in which a governor is regularly elected [IN AN ELECTION 14 |
---|
912 | 912 | | YEAR IN WHICH A GOVERNOR IS NOT REGULARLY ELECTED, THE 15 |
---|
913 | 913 | | ACTING GOVERNOR SHALL, BY PROCLAMATION, CALL THE SPECIAL 16 |
---|
914 | 914 | | PRIMARY ELECTION TO BE HELD ON THE DATE OF THE PRIMARY 17 |
---|
915 | 915 | | ELECTION AND THE SPECIAL ELECTION TO BE HELD ON THE DATE OF 18 |
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916 | 916 | | THE GENERAL ELECTION,] or [,] if the vacancy occurs on a date not less than 60, 19 |
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917 | 917 | | nor more than 90, days before the date of the primary election or general election in 20 |
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918 | 918 | | election years in which a governor is not regularly elected, the acting governor shall, 21 |
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919 | 919 | | by proclamation, call the special [PRIMARY] election to be held on the date of the 22 |
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920 | 920 | | primary election or general election [WITH THE SUBSEQUENT SPECIAL 23 |
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921 | 921 | | ELECTION TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A STATE 24 |
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922 | 922 | | HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE SPECIAL 25 |
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923 | 923 | | PRIMARY AND GENERAL ELECTION]. 26 |
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924 | 924 | | * Sec. 44. AS 15.40.250 is amended to read: 27 |
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925 | 925 | | Sec. 15.40.250. Proclamation of [SPECIAL PRIMARY ELECTION AND] 28 |
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926 | 926 | | special election. The acting governor shall issue the proclamation [CALLING THE 29 |
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927 | 927 | | SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at least 50 days 30 |
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928 | 928 | | before the [SPECIAL PRIMARY] election. 31 33-LS0033\A |
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929 | 929 | | HB 1 -28- HB0001a |
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930 | 930 | | New Text Underlined [DELETED TEXT BRACKETED] |
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931 | 931 | | |
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932 | 932 | | * Sec. 45. AS 15.40.280 is amended to read: 1 |
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933 | 933 | | Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions 2 |
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934 | 934 | | for the nomination of candidates not representing a political party shall be signed 3 |
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935 | 935 | | by qualified voters of the state equal in number to at least one percent of the 4 |
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936 | 936 | | number of voters who cast ballots in the preceding general election, shall include 5 |
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937 | 937 | | nominees for the office of governor and lieutenant governor, and shall [MUST BE 6 |
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938 | 938 | | EXECUTED UNDER OATH,] state in s ubstance that which is required for 7 |
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939 | 939 | | nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 8 |
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940 | 940 | | UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 9 |
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941 | 941 | | AS 15.25.050(a)]. 10 |
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942 | 942 | | * Sec. 46. AS 15.40 is amended by adding new sections to read: 11 |
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943 | 943 | | Sec. 15.40.291. Requirements of party petition. Petitions for the nomination 12 |
---|
944 | 944 | | of candidates of political parties shall state in substance that the party desires and 13 |
---|
945 | 945 | | intends to support the named candidates for the offices of governor and lieutenant 14 |
---|
946 | 946 | | governor at the special election and requests that the names of the two candidates 15 |
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947 | 947 | | nominated be placed on the ballot. 16 |
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948 | 948 | | Sec. 15.40.301. Selection of party nominees. The nominees of political 17 |
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949 | 949 | | parties may be selected by state convention or in any other manner prescribed by the 18 |
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950 | 950 | | party bylaws, and the petition shall be signed by the chairperson and secretary of the 19 |
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951 | 951 | | state convention, or, if the nominees are selected by the party central committee, the 20 |
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952 | 952 | | petition shall be signed by the state chairperson of the political party or in any other 21 |
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953 | 953 | | manner prescribed by the party bylaws. 22 |
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954 | 954 | | * Sec. 47. AS 15.40.310 is amended to read: 23 |
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955 | 955 | | Sec. 15.40.310. General provisions for conduct of [THE SPECIAL 24 |
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956 | 956 | | PRIMARY ELECTION AND] special election. Unless specifically provided 25 |
---|
957 | 957 | | otherwise, all provisions regarding the conduct of the [PRIMARY AND] general 26 |
---|
958 | 958 | | election shall govern the conduct of the special [PRIMARY ELECTION AND 27 |
---|
959 | 959 | | SPECIAL] election of the governor and lieutenant governor, including provisions 28 |
---|
960 | 960 | | concerning voter qualifications; provisions regarding the duties, powers, rights, and 29 |
---|
961 | 961 | | obligations of the director, of other election officials, and of municipalities; provision 30 |
---|
962 | 962 | | for notification of the election; provision for payment of election expenses; provisions 31 33-LS0033\A |
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963 | 963 | | HB0001a -29- HB 1 |
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964 | 964 | | New Text Underlined [DELETED TEXT BRACKETED] |
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965 | 965 | | |
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966 | 966 | | regarding employees being allowed time from work to vote; provisions for the 1 |
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967 | 967 | | counting, reviewing, and certification of returns; provisions for the determination of 2 |
---|
968 | 968 | | the votes and of recounts, contests, and appeal; and provision for absentee voting. 3 |
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969 | 969 | | * Sec. 48. AS 15.40.330 is amended to read: 4 |
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970 | 970 | | Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 5 |
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971 | 971 | | appointee shall meet the qualifications of a member of the legislature as prescribed in 6 |
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972 | 972 | | art. II, sec. 2, Constitution of the State of Alaska, [AND, IF THE PREDECESSOR IN 7 |
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973 | 973 | | OFFICE WAS A MEMBER OF A POLITICAL PARTY OR POLITICAL GROUP 8 |
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974 | 974 | | AT THE TIME OF THE VACANCY, (1)] shall be a member of the same political 9 |
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975 | 975 | | party [OR POLITICAL GROUP] as that which nominated the predecessor in office, 10 |
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976 | 976 | | [;] and [(2)] shall be subject to confirmation by a majority of the members of the 11 |
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977 | 977 | | legislature who are members of the same political party which nominated [OR 12 |
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978 | 978 | | POLITICAL GROUP AS] the predecessor in office and of the same house as was the 13 |
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979 | 979 | | predecessor in office. If the predecessor in office was not nominated by [A 14 |
---|
980 | 980 | | MEMBER OF] a political party or [POLITICAL GROUP AT THE TIME OF THE 15 |
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981 | 981 | | VACANCY, OR,] if no other member of the predecessor's political party [OR 16 |
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982 | 982 | | POLITICAL GROUP] is a member of the predecessor's house of the legislature, the 17 |
---|
983 | 983 | | governor may appoint any qualified person. If the appointee is not a member of a 18 |
---|
984 | 984 | | political party [OR POLITICAL GROUP, AS PROVIDED IN (b) OF THIS 19 |
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985 | 985 | | SECTION], the appointment is not subject to confirmation. If the appointee is a 20 |
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986 | 986 | | member of a political party [OR POLITICAL GROUP], the appointment is subject to 21 |
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987 | 987 | | confirmation as provided by [(b) OF] this section for the confirmation of political 22 |
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988 | 988 | | party [OR POLITICAL GROUP] appointees. 23 |
---|
989 | 989 | | (b) A member of a political party [OR POLITICAL GROUP] is a person who 24 |
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990 | 990 | | supports the political program of a [POLITICAL] party [OR POLITICAL GROUP]. 25 |
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991 | 991 | | The filing for office of a candidate as an independent or no-party candidate 26 |
---|
992 | 992 | | [ABSENCE OF A POLITICAL PARTY OR POLITICAL GROUP DESIGNATION 27 |
---|
993 | 993 | | AFTER A CANDIDATE'S NAME ON AN ELECTION BALLOT] does not preclu de 28 |
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994 | 994 | | a candidate from being a member of a political party [OR POLITICAL GROUP]. 29 |
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995 | 995 | | Recognition of an independent or no-party [A] candidate as a member of a 30 |
---|
996 | 996 | | [POLITICAL] party [OR POLITICAL GROUP] caucus of members of the legislature 31 33-LS0033\A |
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997 | 997 | | HB 1 -30- HB0001a |
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998 | 998 | | New Text Underlined [DELETED TEXT BRACKETED] |
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999 | 999 | | |
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1000 | 1000 | | at the legislative session following the election of the independent or no-party 1 |
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1001 | 1001 | | candidate is recognition of that person's [POLITICAL] party [OR POLITICAL 2 |
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1002 | 1002 | | GROUP] membership at the time filings were made by party candidates for the 3 |
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1003 | 1003 | | preceding general election [FOR THE PURPOSES OF CONFIRMATION UNDER 4 |
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1004 | 1004 | | THIS SECTION]. 5 |
---|
1005 | 1005 | | * Sec. 49. AS 15.40.380 is amended to read: 6 |
---|
1006 | 1006 | | Sec. 15.40.380. Conditions for part-term senate appointment and special 7 |
---|
1007 | 1007 | | election. If the vacancy is for an unexpired senate term of more than two years and 8 |
---|
1008 | 1008 | | five full calendar months, the governor shall call a special [PRIMARY ELECTION 9 |
---|
1009 | 1009 | | AND A SPECIAL] election by proclamation and the appointment shall expire on the 10 |
---|
1010 | 1010 | | date the state senate first convenes or reconvenes following the certification of the 11 |
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1011 | 1011 | | results of the special election by the director. 12 |
---|
1012 | 1012 | | * Sec. 50. AS 15.40.390 is amended to read: 13 |
---|
1013 | 1013 | | Sec. 15.40.390. Date of special [PRIMARY ELECTION AND SPECIAL] 14 |
---|
1014 | 1014 | | election. The special [PRIMARY] election to fill a vacancy in the state senate shall be 15 |
---|
1015 | 1015 | | held on the date of the first general [PRIMARY] election held more than three full 16 |
---|
1016 | 1016 | | calendar months [60 DAYS] after the senate vacancy occurs [, AND THE SPECIAL 17 |
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1017 | 1017 | | ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL 18 |
---|
1018 | 1018 | | ELECTION THEREAFTER]. 19 |
---|
1019 | 1019 | | * Sec. 51. AS 15.40.400 is amended to read: 20 |
---|
1020 | 1020 | | Sec. 15.40.400. Proclamation of [SPECIAL PRIMARY ELECTION AND] 21 |
---|
1021 | 1021 | | special election. The governor shall issue the proclamation calling the [SPECIAL 22 |
---|
1022 | 1022 | | PRIMARY ELECTION AND] special election at least 50 days before the [SPECIAL 23 |
---|
1023 | 1023 | | PRIMARY] election. 24 |
---|
1024 | 1024 | | * Sec. 52. AS 15.40.440 is amended to read: 25 |
---|
1025 | 1025 | | Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 26 |
---|
1026 | 1026 | | for the nomination of candidates not representing a political party shall be signed 27 |
---|
1027 | 1027 | | by qualified voters equal in number to at least one percent of the number of 28 |
---|
1028 | 1028 | | voters who cast ballots in the proposed nominee's respective house or senate 29 |
---|
1029 | 1029 | | district in the preceding general election. A nominating petition may not contain 30 |
---|
1030 | 1030 | | less than 50 signatures for any district and must [BE EXECUTED UNDER 31 33-LS0033\A |
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1031 | 1031 | | HB0001a -31- HB 1 |
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1032 | 1032 | | New Text Underlined [DELETED TEXT BRACKETED] |
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1033 | 1033 | | |
---|
1034 | 1034 | | OATH,] state in substance that which is required in petitions for nomination by 1 |
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1035 | 1035 | | AS 15.25.181 [A DECLARATION OF CANDIDACY UNDER AS 15.25.030, AND 2 |
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1036 | 1036 | | INCLUDE THE FEE REQUIRED UNDER AS 15.25.050(a)]. 3 |
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1037 | 1037 | | * Sec. 53. AS 15.40 is amended by adding new sections to read: 4 |
---|
1038 | 1038 | | Sec. 15.40.451. Requirements of petition by political party. Petitions for the 5 |
---|
1039 | 1039 | | nomination of candidates of political parties shall state in substance that the party 6 |
---|
1040 | 1040 | | desires and intends to support the named candidate for the office of state senator at the 7 |
---|
1041 | 1041 | | special election and requests that the name of the candidate be placed on the ballot. 8 |
---|
1042 | 1042 | | Sec. 15.40.461. Selection of political party nominees. The nominees of 9 |
---|
1043 | 1043 | | political parties may be selected by the respective party district committee or by any 10 |
---|
1044 | 1044 | | other manner as provided by the party bylaws, and the petition shall be signed by the 11 |
---|
1045 | 1045 | | chairperson of the party district committee or by any other party official designated by 12 |
---|
1046 | 1046 | | the party bylaws. 13 |
---|
1047 | 1047 | | * Sec. 54. AS 15.40.470 is amended to read: 14 |
---|
1048 | 1048 | | Sec. 15.40.470. General provision for conduct of [THE SPECIAL 15 |
---|
1049 | 1049 | | PRIMARY ELECTION AND] special election. Unless specifically provided 16 |
---|
1050 | 1050 | | otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17 |
---|
1051 | 1051 | | general election shall govern the conduct of the special [PRIMARY ELECTION AND 18 |
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1052 | 1052 | | SPECIAL] election of state senators, including provisions concerning voter 19 |
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1053 | 1053 | | qualifications; provisions regarding the duties, powers, rights, and obligations of the 20 |
---|
1054 | 1054 | | director, of other election officials, and of municipalities; provision for notification of 21 |
---|
1055 | 1055 | | the election; provision for payment of election expenses; provisions regarding 22 |
---|
1056 | 1056 | | employees being allowed time from work to vote; provisions for the counting, 23 |
---|
1057 | 1057 | | reviewing, and certification of returns; provisions for the determination of the votes 24 |
---|
1058 | 1058 | | and of recounts, contests, and appeal; and provision for absentee voting. 25 |
---|
1059 | 1059 | | * Sec. 55. AS 15.45.190 is amended to read: 26 |
---|
1060 | 1060 | | Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 27 |
---|
1061 | 1061 | | direct the director to place the ballot title and proposition on the election ballot of the 28 |
---|
1062 | 1062 | | first statewide general, special, special runoff [PRIMARY], or primary election that is 29 |
---|
1063 | 1063 | | held after 30 |
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1064 | 1064 | | (1) the petition has been filed; 31 33-LS0033\A |
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1065 | 1065 | | HB 1 -32- HB0001a |
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1066 | 1066 | | New Text Underlined [DELETED TEXT BRACKETED] |
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1067 | 1067 | | |
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1068 | 1068 | | (2) a legislative session has convened and adjourned; and 1 |
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1069 | 1069 | | (3) a period of 120 days has expired since the adjournment of the 2 |
---|
1070 | 1070 | | legislative session. 3 |
---|
1071 | 1071 | | * Sec. 56. AS 15.45.420 is amended to read: 4 |
---|
1072 | 1072 | | Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 5 |
---|
1073 | 1073 | | direct the director to place the ballot title and proposition on the election ballot for the 6 |
---|
1074 | 1074 | | first statewide general, special, special runoff [PRIMARY], or primary election held 7 |
---|
1075 | 1075 | | more than 180 days after adjournment of the legislative session at which the act was 8 |
---|
1076 | 1076 | | passed. 9 |
---|
1077 | 1077 | | * Sec. 57. AS 15.58.010 is amended to read: 10 |
---|
1078 | 1078 | | Sec. 15.58.010. Election pamphlet. Before each state general election, and 11 |
---|
1079 | 1079 | | before each state primary, special, or special runoff [PRIMARY] election at which a 12 |
---|
1080 | 1080 | | ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 13 |
---|
1081 | 1081 | | prepare, publish, and mail at least one election pamphlet to each household identified 14 |
---|
1082 | 1082 | | from the official registration list. The pamphlet shall be prepared on a regional basis as 15 |
---|
1083 | 1083 | | determined by the lieutenant governor. 16 |
---|
1084 | 1084 | | * Sec. 58. AS 15.58.020(b) is amended to read: 17 |
---|
1085 | 1085 | | (b) Each primary, special, or special runoff [PRIMARY] election pamphlet 18 |
---|
1086 | 1086 | | shall contain only the information specified in (a)(6) and (a)(9) of this section for each 19 |
---|
1087 | 1087 | | ballot measure scheduled to appear on the primary, special, or special runoff 20 |
---|
1088 | 1088 | | [PRIMARY] election ballot. 21 |
---|
1089 | 1089 | | * Sec. 59. AS 15.58.030(b) is amended to read: 22 |
---|
1090 | 1090 | | (b) No [NOT] later than July 22 of a year in which a state general election will 23 |
---|
1091 | 1091 | | be held, an individual who becomes a candidate for the office of United States senator, 24 |
---|
1092 | 1092 | | United States representative, governor, lieutenant governor, state senator, or state 25 |
---|
1093 | 1093 | | representative under AS 15.25.030 or 15.25.181 may file with the lieutenant governor 26 |
---|
1094 | 1094 | | a photograph and a statement advocating the candidacy. An individual who becomes 27 |
---|
1095 | 1095 | | a candidate for the office of United States senator, United States representative, 28 |
---|
1096 | 1096 | | governor, lieutenant governor, state senator, or state representative by party 29 |
---|
1097 | 1097 | | petition filed under AS 15.25.111 may file with the lieutenant governor a 30 |
---|
1098 | 1098 | | photograph and a statement advocating the candidacy within 10 days of 31 33-LS0033\A |
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1099 | 1099 | | HB0001a -33- HB 1 |
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1100 | 1100 | | New Text Underlined [DELETED TEXT BRACKETED] |
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1101 | 1101 | | |
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1102 | 1102 | | becoming a candidate. 1 |
---|
1103 | 1103 | | * Sec. 60. AS 15.80.010(9) is amended to read: 2 |
---|
1104 | 1104 | | (9) "federal election" means a general, special, special runoff 3 |
---|
1105 | 1105 | | [PRIMARY], or primary election held solely or in part for the purpose of selecting, 4 |
---|
1106 | 1106 | | nominating, or electing a candidate for the office of President, Vice-President, 5 |
---|
1107 | 1107 | | presidential elector, United States senator, or United States representative; 6 |
---|
1108 | 1108 | | * Sec. 61. AS 39.50.020(b) is amended to read: 7 |
---|
1109 | 1109 | | (b) A public official or former public official other than an elected or 8 |
---|
1110 | 1110 | | appointed municipal officer shall file the statement with the Alaska Public Offices 9 |
---|
1111 | 1111 | | Commission. Candidates for the office of governor and lieutenant governor and, if the 10 |
---|
1112 | 1112 | | candidate is not subject to AS 24.60, the legislature shall file the statement under 11 |
---|
1113 | 1113 | | AS 15.25.030 or 15.25.181. Municipal officers, former municipal officers, and 12 |
---|
1114 | 1114 | | candidates for elective municipal office shall file with the municipal clerk or other 13 |
---|
1115 | 1115 | | municipal official designated to receive their filing for office. All statements required 14 |
---|
1116 | 1116 | | to be filed under this chapter are public records. 15 |
---|
1117 | 1117 | | * Sec. 62. AS 15.15.025, 15.15.030(14), 15.15.030(15), 15.15.030(16), 15.15.030(17), 16 |
---|
1118 | 1118 | | 15.15.060(e), 15.15.350(c), 15.15.350(d), 15.15.350(e), 15.15.350(f), 15.15.350(g); 17 |
---|
1119 | 1119 | | AS 15.58.020(a)(13), 15.58.020(c); AS 15.80.008(a)(2), and 15.80.010(34) are repealed. 18 |
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