Alaska 2023-2024 Regular Session

Alaska House Bill HB1 Compare Versions

Only one version of the bill is available at this time.
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1111 HOUSE BILL NO. 1
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1313 IN THE LEGISLATURE OF THE STATE OF ALASKA
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1515 THIRTY-THIRD LEGISLATURE - FIRST SESSION
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1717 BY REPRESENTATIVE RAUSCHER
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1919 Introduced: 1/9/23
2020 Referred: Prefiled
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2323 A BILL
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2525 FOR AN ACT ENTITLED
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2727 "An Act relating to elections." 1
2828 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
2929 * Section 1. AS 15.10.120(c) is amended to read: 3
3030 (c) An election supervisor shall appoint one nominee of the political party of
3131 4
3232 which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST 5
3333 NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6
3434 GUBERNATORIAL ELECTION] and one nominee of the political party that 7
3535 received [OR POLITICAL GROUP WITH] the second largest number of votes 8
3636 statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding 9
3737 gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY 10
3838 APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD 11
3939 POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR 12
4040 UNDECLARED VOTER IF] a party district committee or state party central 13
4141 committee of the party of which the governor is a member [OR GROUP WITH 14
4242 THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received 15 33-LS0033\A
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4646 [OR GROUP WITH] the second largest number of votes statewide in [REGISTERED 1
4747 VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the 2
4848 names prescribed by (b) of this section by April 15 of a regular election year or at least 3
4949 60 days before a special [PRIMARY] election, the election supervisor may appoint 4
5050 any qualified individual registered to vote. 5
5151 * Sec. 2. AS 15.10.170 is amended to read: 6
5252 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 7
5353 party committee, where an organized precinct committee exists, or the party district 8
5454 committee where no organized precinct committee exists, or the state party 9
5555 chairperson where neither a precinct nor a party district committee exists, may appoint 10
5656 one or more persons as watchers in each precinct and counting center for any election. 11
5757 Each candidate not representing a political party may appoint one or more watchers 12
5858 for each precinct or counting center in the candidate's respective district or the state for 13
5959 any election. Any organization or organized group that sponsors or opposes an 14
6060 initiative, referendum, or recall may have one or more persons as watchers at the polls 15
6161 and counting centers after first obtaining authorization from the director. A state party 16
6262 chairperson, a precinct party committee, a party district committee, or a candidate not 17
6363 representing a political party or organization or organized group may not have 18
6464 more than one watcher on duty at a time in any precinct or counting center. A watcher 19
6565 must be a United States citizen. The watcher may be present at a position inside the 20
6666 place of voting or counting that affords a full view of all action of the election officials 21
6767 taken from the time the polls are opened until the ballots are finally counted and the 22
6868 results certified by the election board or the data processing review board. The 23
6969 election board or the data processing review board may require each watcher to 24
7070 present written proof showing appointment by the precinct party committee, the party 25
7171 district committee, the organization or organized group, or the candidate the watcher 26
7272 represents that is signed by the chairperson of the precinct party committee, the 27
7373 party district committee, the state party chairperson, the organization or 28
7474 organized group, or the candidate representing no party. 29
7575 (b) In addition to the watchers appointed under (a) of this section, in a primary 30
7676 election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under 31 33-LS0033\A
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8080 AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may 1
8181 appoint one watcher in each precinct and counting center. 2
8282 * Sec. 3. AS 15.13.020(b) is amended to read: 3
8383 (b) The governor shall appoint two members of each of the two political 4
8484 parties whose candidate for governor received the highest number of votes in [OR 5
8585 POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED 6
8686 VOTERS AT THE TIME OF] the most recent preceding general election at which a 7
8787 governor was elected. The two appointees from each of these two parties [OR 8
8888 GROUPS] shall be chosen from a list of four names to be submitted by the central 9
8989 committee of each party [OR GROUP]. 10
9090 * Sec. 4. AS 15.13.020(d) is amended to read: 11
9191 (d) Members of the commission serve staggered terms of five years, or until a 12
9292 successor is appointed and qualifies. The terms of no two members who are members 13
9393 of the same political party [OR POLITICAL GROUP] may expire in consecutive 14
9494 years. A member may not serve more than one term. However, a person appointed to 15
9595 fill the unexpired term of a predecessor may be appointed to a successive full five-year 16
9696 term. 17
9797 * Sec. 5. AS 15.13.074(c) is amended to read: 18
9898 (c) A person or group may not make a contribution 19
9999 (1) to a candidate or an individual who files with the commission the 20
100100 document necessary to permit that individual to incur certain election-related expenses 21
101101 as authorized by AS 15.13.100 when the office is to be filled at a general election 22
102102 before the date that is 18 months before the general election; 23
103103 (2) to a candidate or an individual who files with the commission the 24
104104 document necessary to permit that individual to incur certain election-related expenses 25
105105 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 26
106106 municipal election before the date that is 18 months before the date of the regular 27
107107 municipal election or that is before the date of the proclamation of the special election 28
108108 at which the candidate or individual seeks election to public office; or 29
109109 (3) to any candidate later than the 45th day 30
110110 (A) after the date of the primary [OR SPECIAL PRIMARY] 31 33-LS0033\A
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114114 election if the candidate was on the ballot and was not nominated [CHOSEN 1
115115 TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at 2
116116 the primary [OR SPECIAL PRIMARY] election; or 3
117117 (B) after the date of the general [OR SPECIAL] election, or 4
118118 after the date of a municipal or municipal runoff election. 5
119119 * Sec. 6. AS 15.13.110(f) is amended to read: 6
120120 (f) During the year in which the election is scheduled, each of the following 7
121121 shall file the campaign disclosure reports in the manner and at the times required by 8
122122 this section: 9
123123 (1) a person who, under the regulations adopted by the commission to 10
124124 implement AS 15.13.100, indicates an intention to become a candidate for elective 11
125125 state executive or legislative office; 12
126126 (2) a person who has filed a nominating petition under 13
127127 AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective 14
128128 state executive or legislative office; 15
129129 (3) a person who campaigns as a write-in candidate for elective state 16
130130 executive or legislative office at the general election; and 17
131131 (4) [(3)] a group or nongroup entity that receives contributions or 18
132132 makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1) 19
133133 OR (2)] of this subsection, except as provided for certain independent expenditures by 20
134134 nongroup entities in AS 15.13.135(a). 21
135135 * Sec. 7. AS 15.13.110(j) is amended to read: 22
136136 (j) Before the primary election, a candidate seeking nomination by petition 23
137137 under AS 15.25.141 - 15.25.201 [AS 15.25.140 - 15.25.200] for the office of 24
138138 governor, lieutenant governor, state senator, or state representative shall file the 25
139139 reports under (a)(1) and (2) of this section. 26
140140 * Sec. 8. AS 15.13.400(4) is amended to read: 27
141141 (4) "contribution" 28
142142 (A) means a purchase, payment, promise or obligation to pay, 29
143143 loan or loan guarantee, deposit or gift of money, goods, or services for which 30
144144 charge is ordinarily made, and includes the payment by a person other than a 31 33-LS0033\A
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148148 candidate or political party, or compensation for the personal services of 1
149149 another person, that is rendered to the candidate or political party, and that is 2
150150 made for the purpose of 3
151151 (i) influencing the nomination or election of a 4
152152 candidate; 5
153153 (ii) influencing a ballot proposition or question; or 6
154154 (iii) supporting or opposing an initiative proposal 7
155155 application filed with the lieutenant governor under AS 15.45.020; 8
156156 (B) does not include 9
157157 (i) services provided without compensation by 10
158158 individuals volunteering a portion or all of their time on behalf of a 11
159159 political party, candidate, or ballot proposition or question; 12
160160 (ii) ordinary hospitality in a home; 13
161161 (iii) two or fewer mass mailings before each election by 14
162162 each political party describing the party's slate of candidates for 15
163163 [MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR 16
164164 PUBLIC OFFICE IN THAT] election, which may include photographs, 17
165165 biographies, and information about the party's candidates; 18
166166 (iv) the results of a poll limited to issues and not 19
167167 mentioning any candidate, unless the poll was requested by or designed 20
168168 primarily to benefit the candidate; 21
169169 (v) any communication in the form of a newsletter from 22
170170 a legislator to the legislator's constituents, except a communication 23
171171 expressly advocating the election or defeat of a candidate or a 24
172172 newsletter or material in a newsletter that is clearly only for the private 25
173173 benefit of a legislator or a legislative employee; 26
174174 (vi) a fundraising list provided without compensation 27
175175 by one candidate or political party to a candidate or political party; or 28
176176 (vii) an opportunity to participate in a candidate forum 29
177177 provided to a candidate without compensation to the candidate by 30
178178 another person and for which a candidate is not ordinarily charged; 31 33-LS0033\A
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182182 * Sec. 9. AS 15.15.030(5) is amended to read: 1
183183 (5) The names of the candidates and their party designations shall be 2
184184 placed in separate sections on the state general election ballot under the office 3
185185 designation to which they were nominated. The [IF A CANDIDATE IS 4
186186 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL 5
187187 GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of 6
188188 the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS 7
189189 REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT 8
190190 DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE. 9
191191 IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL 10
192192 PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE 11
193193 DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE 12
194194 SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the 13
195195 governor shall be included under the same section. Provision shall be made for voting 14
196196 for write-in and no-party candidates within each section. Paper ballots for the state 15
197197 general election shall be printed on white paper. 16
198198 * Sec. 10. AS 15.15.360(a) is amended to read: 17
199199 (a) The election board shall count ballots according to the following rules: 18
200200 (1) A voter may mark a ballot only by filling in, making "X" marks, 19
201201 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 20
202202 plus signs that are clearly spaced in the oval opposite the name of the candidate, 21
203203 proposition, or question that the voter desires to designate. [IN A GENERAL 22
204204 ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER 23
205205 TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE 24
206206 USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS 25
207207 OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO 26
208208 DESIGNATE.] 27
209209 (2) A failure to properly mark a ballot as to one or more candidates 28
210210 does not itself invalidate the entire ballot. 29
211211 (3) If a voter marks fewer names than there are persons to be 30
212212 elected to the office, a vote shall be counted for each candidate properly marked. 31 33-LS0033\A
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216216 (4) If a voter marks more names than there are persons to be elected to 1
217217 the office, the votes for candidates for that office may not be counted. 2
218218 (5) [(4)] The mark specified in (1) of this subsection shall be counted 3
219219 only if it is substantially inside the oval provided, or touching the oval so as to indicate 4
220220 clearly that the voter intended the particular oval to be designated. 5
221221 (6) [(5)] Improper marks on the ballot may not be counted and do not 6
222222 invalidate marks for candidates properly made. 7
223223 (7) [(6)] An erasure or correction invalidates only that section of the 8
224224 ballot in which it appears. 9
225225 (8) [(7)] A vote marked for the candidate for President or Vice-10
226226 President of the United States is considered and counted as a vote for the election of 11
227227 the presidential electors. 12
228228 [(9) REPEALED 13
229229 (10) REPEALED 14
230230 (11) REPEALED 15
231231 (12) REPEALED] 16
232232 * Sec. 11. AS 15.15.370 is amended to read: 17
233233 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 18
234234 ballots is completed, and in no event later than the day after the election, the election 19
235235 board shall make a certificate in duplicate of the results. The certificate includes the 20
236236 number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A 21
237237 GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE 22
238238 RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE 23
239239 NUMBER OF VOTES] for and against each proposition, yes or no on each question, 24
240240 and any additional information prescribed by the director. The election board shall, 25
241241 immediately upon completion of the certificate or as soon thereafter as the local mail 26
242242 service permits, send in one sealed package to the director one copy of the certificate 27
243243 and the register. In addition, all ballots properly cast shall be mailed to the director in a 28
244244 separate, sealed package. Both packages, in addition to an address on the outside, shall 29
245245 clearly indicate the precinct from which they come. Each board shall, immediately 30
246246 upon completion of the certification and as soon thereafter as the local mail service 31 33-LS0033\A
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250250 permits, send the duplicate certificate to the respective election supervisor. The 1
251251 director may authorize election boards in precincts in those areas of the state where 2
252252 distance and weather make mail communication unreliable to forward their election 3
253253 results by telephone or radio. The director may authorize the unofficial totaling of 4
254254 votes on a regional basis by election supervisors, tallying the votes as indicated on 5
255255 duplicate certificates. To ensure adequate protection, the director shall prescribe the 6
256256 manner in which the ballots, registers, and all other election records and materials are 7
257257 thereafter preserved, transferred, and destroyed. 8
258258 * Sec. 12. AS 15.15.450 is amended to read: 9
259259 Sec. 15.15.450. Certification of state ballot counting review. Upon 10
260260 completion of the state ballot counting review, the director shall certify the person 11
261261 receiving the largest number of votes for the office for which that person was a 12
262262 candidate as elected to that office [NOMINATED OR ELECTED, AS 13
263263 APPLICABLE,] and shall certify the approval of a justice or judge not rejected by a 14
264264 majority of the voters voting on the question. The director shall issue to the elected 15
265265 candidates and approved justices and judges a certificate of their election or approval. 16
266266 The director shall also certify the results of a proposition and other question except 17
267267 that the lieutenant governor shall certify the results of an initiative, referendum, or 18
268268 constitutional amendment. 19
269269 * Sec. 13. AS 15.20.081(a) is amended to read: 20
270270 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 21
271271 or other electronic transmission to the director for an absentee ballot under this 22
272272 section. Another individual may apply for an absentee ballot on behalf of a qualified 23
273273 voter if that individual is designated to act on behalf of the voter in a written general 24
274274 power of attorney or a written special power of attorney that authorizes the other 25
275275 individual to apply for an absentee ballot on behalf of the voter. The application must 26
276276 include the address or, if the application requests delivery of an absentee ballot by 27
277277 electronic transmission, the telephone electronic transmission number, to which the 28
278278 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 29
279279 applicant's signature. However, a person residing outside the United States and 30
280280 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 31 33-LS0033\A
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284284 not include an Alaska residence address in the application. A person may supply to a 1
285285 voter an absentee ballot application form with a political party or group affiliation 2
286286 indicated only if the voter is already registered as affiliated with the political party or 3
287287 group indicated. Only the voter or the individual designated by the voter in a 4
288288 written power of attorney under this subsection may mark the voter's choice of 5
289289 primary ballot on an application. A person supplying an absentee ballot 6
290290 application form may not design or mark the application in a manner that 7
291291 suggests choice of one ballot over another, except that ballot choices may be listed 8
292292 on an application as authorized by the division. The application must be made on a 9
293293 form prescribed or approved by the director. The voter or registration official shall 10
294294 submit the application directly to the division of elections. For purposes of this 11
295295 subsection, "directly to the division of elections" means that an application may not be 12
296296 submitted to any intermediary that could control or delay the submission of the 13
297297 application to the division or gather data on the applicant from the application form. 14
298298 However, nothing in this subsection is intended to prohibit a voter from giving a 15
299299 completed absentee ballot application to a friend, relative, or associate for transfer to 16
300300 the United States Postal Service or a private commercial delivery service for delivery 17
301301 to the division. 18
302302 * Sec. 14. AS 15.20.081(h) is amended to read: 19
303303 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 20
304304 from outside the United States or from an overseas voter qualifying under 21
305305 AS 15.05.011 that has been marked and mailed not later than election day may not be 22
306306 counted unless the ballot is received by the election supervisor not later than the close 23
307307 of business on the 24
308308 (1) 10th day following a primary election or special [PRIMARY] 25
309309 election under AS 15.40.140; or 26
310310 (2) 15th day following a general election, special runoff election, or 27
311311 special election, other than a special [PRIMARY] election described in (1) of this 28
312312 subsection. 29
313313 * Sec. 15. AS 15.20.190(a) is amended to read: 30
314314 (a) Thirty days before the date of an election, the election supervisors shall 31 33-LS0033\A
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318318 appoint, in the same manner provided for the appointment of election officials 1
319319 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 2
320320 ballot counting boards, each composed of at least four members. At least one member 3
321321 of each board must be a member of the same political party of which the governor is 4
322322 a member [OR POLITICAL GROUP WITH THE LARGEST NUMBER OF 5
323323 REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6
324324 GUBERNATORIAL ELECTION], and at least one member of each board must be a 7
325325 member of the political party whose candidate for governor received the second 8
326326 largest number of votes in [OR POLITICAL GROUP WITH THE SECOND 9
327327 LARGEST NUMBER OF REGISTERED VOTERS AT THE TIME OF] the 10
328328 preceding gubernatorial election. The district boards shall assist the election 11
329329 supervisors in counting the absentee and questioned ballots and shall receive the same 12
330330 compensation paid election officials under AS 15.15.380. 13
331331 * Sec. 16. AS 15.20.203(i) is amended to read: 14
332332 (i) The director shall mail the materials described in (h) of this section to the 15
333333 voter not later than 16
334334 (1) 10 days after completion of the review of ballots by the state 17
335335 review board for a primary election or for a special [PRIMARY] election under 18
336336 AS 15.40.140 that is followed by a special runoff election; 19
337337 (2) 60 days after certification of the results of a general election, 20
338338 special runoff election, or special election other than a special [PRIMARY] election 21
339339 described in (1) of this subsection. 22
340340 * Sec. 17. AS 15.20.203(j) is amended to read: 23
341341 (j) The director shall make available through a free access system to each 24
342342 absentee voter a system to check to see whether the voter's ballot was counted and, if 25
343343 not counted, the reason why the ballot was not counted. The director shall make this 26
344344 information available through the free access system not less than 27
345345 (1) 10 days after certification of the results of a primary election, or a 28
346346 special [PRIMARY] election under AS 15.40.140 that is followed by a special 29
347347 runoff election; and 30
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352352 election, other than a special [PRIMARY] election described in (1) of this subsection. 1
353353 * Sec. 18. AS 15.20.207(i) is amended to read: 2
354354 (i) The director shall mail the materials described in (h) of this section to the 3
355355 voter not later than 4
356356 (1) 10 days after completion of the review of ballots by the state 5
357357 review board for a primary election or for a special [PRIMARY] election under 6
358358 AS 15.40.140 that is followed by a special runoff election; 7
359359 (2) 60 days after certification of the results of a general or special 8
360360 election, other than a special [PRIMARY] election described in (1) of this subsection. 9
361361 * Sec. 19. AS 15.20.207(k) is amended to read: 10
362362 (k) The director shall make available through a free access system to each 11
363363 voter voting a questioned ballot a system to check to see whether the voter's ballot was 12
364364 counted and, if not counted, the reason why the ballot was not counted. The director 13
365365 shall make this information available through the free access system not less than 14
366366 (1) 10 days after the certification of the results of a primary election or 15
367367 a special [PRIMARY] election under AS 15.40.140 that is followed by a special 16
368368 runoff election; and 17
369369 (2) 30 days after certification of the results of a general or special 18
370370 election, other than a special [PRIMARY] election described in (1) of this subsection. 19
371371 * Sec. 20. AS 15.20.211(d) is amended to read: 20
372372 (d) The director shall mail the materials described in (c) of this section to the 21
373373 voter not later than 22
374374 (1) 10 days after completion of the review of ballots by the state 23
375375 review board for a primary election, or for a special [PRIMARY] election under 24
376376 AS 15.40.140 that is followed by a special runoff election; 25
377377 (2) 60 days after certification of the results of a general or special 26
378378 election, other than a special [PRIMARY] election described in (1) of this subsection. 27
379379 * Sec. 21. AS 15.20.211(f) is amended to read: 28
380380 (f) The director shall make available through a free access system to each 29
381381 voter whose ballot was subject to partial counting under this section a system to check 30
382382 to see whether the voter's ballot was partially counted and, if not counted, the reason 31 33-LS0033\A
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386386 why the ballot was not counted. The director shall make this information available 1
387387 through the free access system not less than 2
388388 (1) 10 days after certification of the results of a primary election or a 3
389389 special [PRIMARY] election under AS 15.40.140 that is followed by a special 4
390390 runoff election; and 5
391391 (2) 30 days after the certification of the results of a general or special 6
392392 election, other than a special [PRIMARY] election described in (1) of this subsection. 7
393393 * Sec. 22. AS 15.25.010 is amended to read: 8
394394 Sec. 15.25.010. Provision for primary election. Candidates for the elective 9
395395 state executive and state and national legislative offices shall be nominated in a 10
396396 primary election by direct vote of the people in the manner prescribed by this chapter. 11
397397 Unless two or more political parties have jointly requested a combined primary 12
398398 election ballot, the director shall prepare and provide a primary election ballot 13
399399 for each political party. The director shall prepare and provide a combined 14
400400 primary election ballot for two or more parties that have jointly requested a 15
401401 combined primary election ballot. A voter registered as affiliated with a political 16
402402 party may vote that party's ballot, or, a combined primary election ballot if the 17
403403 party's candidates are listed on the combined primary election ballot. A voter 18
404404 registered as nonpartisan or undeclared rather than as affiliated with a 19
405405 particular political party may vote the political party ballot or combined primary 20
406406 election ballot of the voter's choice unless prohibited from doing so under 21
407407 AS 15.25.015. A voter registered as affiliated with a political party may not vote 22
408408 the ballot of a different political party or a combined primary election ballot that 23
409409 only includes candidates of political parties other than the party the voter is 24
410410 registered as affiliated with unless permitted to do so under AS 15.25.015 [THE 25
411411 PRIMARY ELECTION DOES NOT SERVE TO DETERMINE THE NOMINEE OF 26
412412 A POLITICAL PARTY OR POLITICAL GROUP BUT SERVES ONLY TO 27
413413 NARROW THE NUMBER OF CANDIDATES WHOSE NAMES WILL APPEAR 28
414414 ON THE BALLOT AT THE GENERAL ELECTION. EXCEPT AS PROVIDED IN 29
415415 AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE THE 30
416416 GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL ADVANCE TO 31 33-LS0033\A
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420420 THE GENERAL ELECTION]. 1
421421 * Sec. 23. AS 15.25 is amended by adding a new section to read: 2
422422 Sec. 15.25.015. Participation in primary election selection of a political 3
423423 party's candidates. (a) Not later than 5:00 p.m., Alaska time, on September 1 of the 4
424424 calendar year before the calendar year in which a primary election is to be held, a 5
425425 political party shall submit a notice in writing to the director stating whether the party 6
426426 bylaws expand or limit who may participate in the primary election for selection of the 7
427427 party's candidates for elective state executive and state and national legislative offices 8
428428 and whether the party requests a combined primary election ballot. If the party 9
429429 requests a combined primary election ballot, the party shall request the combined 10
430430 primary election ballot jointly with the other parties requesting the combined primary 11
431431 election ballot. A copy of the party's bylaws expanding or limiting who may 12
432432 participate in the primary election for selection of the party's candidates, 13
433433 documentation required under (b) of this section, and other information required by 14
434434 the director, must be submitted along with the notice. The notice, bylaws, 15
435435 documentation, and other information required by the director shall be provided by the 16
436436 party's chairperson or another party official designated by the party's bylaws. 17
437437 (b) Once a political party timely submits a notice and bylaws under (a) of this 18
438438 section and the director finds that the party has met the requirements of this chapter 19
439439 and other applicable laws, the director shall permit a voter registered as affiliated with 20
440440 another party to vote the party's ballot or a combined primary election ballot that 21
441441 includes the party's candidates if the voter is permitted by the party's bylaws to 22
442442 participate in the selection of the party's candidates and may not permit a voter 23
443443 registered as nonpartisan or undeclared to vote a party's ballot or a combined primary 24
444444 election ballot that includes the party's candidates if the party's bylaws restrict 25
445445 participation by nonpartisan or undeclared voters in the party's primary; however, for a 26
446446 subsequent primary election, the party shall timely submit another notice, bylaws, 27
447447 documentation, and other information under (a) of this section if the party's bylaws 28
448448 regarding who may participate in the primary election for selection of the party's 29
449449 candidates change. 30
450450 * Sec. 24. AS 15.25.030(a) is amended to read: 31 33-LS0033\A
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453453
454454 (a) A member of a political party [PERSON] who seeks to become a 1
455455 candidate of the party in the primary election [OR A SPECIAL PRIMARY 2
456456 ELECTION] shall execute and file a declaration of candidacy. The declaration shall be 3
457457 executed under oath before an officer authorized to take acknowledgments and must 4
458458 state in substance 5
459459 (1) the full name of the candidate; 6
460460 (2) the full mailing address of the candidate; 7
461461 (3) if the candidacy is for the office of state senator or state 8
462462 representative, the house or senate district of which the candidate is a resident; 9
463463 (4) the office for which the candidate seeks nomination; 10
464464 (5) the name of the political party of which the person is a candidate 11
465465 for nomination [OR POLITICAL GROUP WITH WHICH THE CANDIDATE IS 12
466466 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 13
467467 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION PLACED 14
468468 AFTER THE CANDIDATE'S NAME ON THE BALLOT]; 15
469469 (6) the full residence address of the candidate, and the date on which 16
470470 residency at that address began; 17
471471 (7) the date of the primary election [OR SPECIAL PRIMARY 18
472472 ELECTION] at which the candidate seeks nomination; 19
473473 (8) the length of residency in the state and in the district of the 20
474474 candidate; 21
475475 (9) that the candidate will meet the specific citizenship requirements of 22
476476 the office for which the person is a candidate; 23
477477 (10) that the candidate is a qualified voter as required by law; 24
478478 (11) that the candidate will meet the specific age requirements of the 25
479479 office for which the person is a candidate; if the candidacy is for the office of state 26
480480 representative, that the candidate will be at least 21 years of age on the first scheduled 27
481481 day of the first regular session of the legislature convened after the election; if the 28
482482 candidacy is for the office of state senator, that the candidate will be at least 25 years 29
483483 of age on the first scheduled day of the first regular session of the legislature convened 30
484484 after the election; if the candidacy is for the office of governor or lieutenant governor, 31 33-LS0033\A
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487487
488488 that the candidate will be at least 30 years of age on the first Monday in December 1
489489 following election or, if the office is to be filled by special election under 2
490490 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 3
491491 date of certification of the results of the special election; or, for any other office, by 4
492492 the time that the candidate, if elected, is sworn into office; 5
493493 (12) that the candidate requests that the candidate's name be placed on 6
494494 the primary [ELECTION OR SPECIAL PRIMARY] election ballot; 7
495495 (13) that the required fee accompanies the declaration; 8
496496 (14) that the person is not a candidate for any other office to be voted 9
497497 on at the primary or general election and that the person is not a candidate for this 10
498498 office under any other declaration of candidacy or nominating petition; and 11
499499 (15) the manner in which the candidate wishes the candidate's name to 12
500500 appear on the ballot [; 13
501501 (16) IF THE CANDIDACY IS FOR THE OFFICE OF THE 14
502502 GOVERNOR, THE NAME OF THE CANDIDATE FOR LIEUTENANT 15
503503 GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR GOVERNOR; 16
504504 AND 17
505505 (17) IF THE CANDIDACY IS FOR THE OFFICE OF LIEUTENANT 18
506506 GOVERNOR, THE NAME OF THE CANDIDATE FOR GOVERNOR RUNNING 19
507507 JOINTLY WITH THE CANDIDATE FOR LIEUTENANT GOVERNOR]. 20
508508 * Sec. 25. AS 15.25 is amended by adding a new section to read: 21
509509 Sec. 15.25.057. Nomination by party petition where incumbent dies or is 22
510510 disqualified or incapacitated. (a) If an unopposed incumbent candidate for 23
511511 renomination dies, becomes disqualified from holding the office the candidate is 24
512512 seeking, or is certified as being incapacitated between June 1 of the election year and 25
513513 that date which is more than 54 days before the date of the primary election, the 26
514514 candidate's place on the ballot may be filled by party petition. The petition shall state 27
515515 that the political party requests the name of the proposed candidate replace that of the 28
516516 incumbent on the primary election ballot and shall be accompanied by a declaration of 29
517517 candidacy from the person named in the petition. The petition must be received by the 30
518518 director not later than 14 days after the death, disqualification, or certification of 31 33-LS0033\A
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522522 incapacity of the incumbent or 52 days before the primary election date, whichever 1
523523 time is earlier. 2
524524 (b) The method for certifying an incumbent candidate for nomination as being 3
525525 incapacitated, the method for selecting the person who is to be named in the party 4
526526 petition, and the method for placing the name of the person selected on the primary 5
527527 nomination ballot are the same as those prescribed in AS 15.25.111 and 15.25.131 6
528528 relating to filling vacancies of party nominees in a general election. 7
529529 (c) The death, disqualification, or certification of incapacity of the incumbent 8
530530 within 52 days before or on the primary election date does not affect the counting and 9
531531 review of the ballots. If the result of the counting and review discloses that the 10
532532 candidate, if the candidate had lived, would have been nominated, the candidate shall 11
533533 be declared nominated. The vacancy may be filled by party petition as provided in 12
534534 AS 15.25.111 - 15.25.131. 13
535535 * Sec. 26. AS 15.25.060 is repealed and reenacted to read: 14
536536 Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 15
537537 (a) The primary election ballots shall be prepared and distributed by the director in the 16
538538 manner prescribed in this section. Unless two or more political parties have jointly 17
539539 requested a combined primary election ballot, the director shall prepare and provide a 18
540540 primary election ballot for each political party that contains all of the candidates of 19
541541 that party for elective state executive and state and national legislative offices and all 20
542542 of the ballot titles and propositions required to appear on the ballot at the primary 21
543543 election. Upon the joint request of two or more political parties, the director shall 22
544544 prepare and provide a combined primary election ballot for those parties that contains 23
545545 all of the candidates of the parties for elective state executive and state and national 24
546546 legislative offices and all of the ballot titles and propositions required to appear on the 25
547547 ballot at the primary election. The director shall print the ballots on white paper and 26
548548 place the names of all candidates who have properly filed in groups according to 27
549549 offices. The order of the placement of the names for each offic
550550 e shall be as provided 28
551551 for the general election ballot. Blank spaces may not be provided on the ballot for the 29
552552 writing or pasting in of names. The director shall also prepare and print a separate 30
553553 primary election ballot including only the ballot titles and propositions required to 31 33-LS0033\A
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557557 appear on the ballot. 1
558558 (b) A voter may vote only one primary election ballot. A voter may vote a 2
559559 political party ballot only if the voter is registered as affiliated with that party, is 3
560560 allowed to participate in the party primary under the party's bylaws, or is registered as 4
561561 nonpartisan or undeclared rather than as affiliated with a particular political party and 5
562562 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 6
563563 the party's primary. A voter may vote a combined primary election ballot only if the 7
564564 voter is registered as affiliated with a party appearing on the ballot, is allowed to 8
565565 participate in the party primary under the parties' bylaws, or is registered as 9
566566 nonpartisan or undeclared rather than as affiliated with a particular political party and 10
567567 the parties' bylaws do not restrict participation by nonpartisan or undeclared voters in 11
568568 the parties' primaries. For the purpose of determining which primary election ballot a 12
569569 voter may use, a voter's party affiliation is considered to be the affiliation registered 13
570570 with the director as of the 30th day before the primary election. If a voter changes 14
571571 party affiliation within the 30 days before the primary election, the voter's previous 15
572572 party affiliation shall be used for the determination under this subsection. 16
573573 (c) If a voter is not voting in person and has requested an absentee ballot or 17
574574 special needs ballot but has not indicated a choice of ballot, the director shall provide 18
575575 the voter with the ballot listing the candidates of the political party or group with 19
576576 which the voter is affiliated, as determined under (b) of this section. 20
577577 * Sec. 27. AS 15.25.100 is repealed and reenacted to read: 21
578578 Sec. 15.25.100. Placement of nominees on general election ballot. The 22
579579 director shall place the name of the candidate receiving the highest number of votes 23
580580 for an office by a political party on the general election ballot. 24
581581 * Sec. 28. AS 15.25.105(a) is amended to read: 25
582582 (a) If a candidate does not appear on the primary election ballot or is not 26
583583 successful in advancing to the general election and wishes to be a candidate in the 27
584584 general election, the candidate may file as a write-in candidate. Votes for a write-in 28
585585 candidate may not be counted unless that candidate has filed a letter of intent with the 29
586586 director stating 30
587587 (1) the full name of the candidate; 31 33-LS0033\A
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591591 (2) the full residence address of the candidate and the date on which 1
592592 residency at that address began; 2
593593 (3) the full mailing address of the candidate; 3
594594 (4) the name of the political party or political group of which the 4
595595 candidate is a member, if any [WITH WHICH THE CANDIDATE IS 5
596596 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 6
597597 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION]; 7
598598 (5) if the candidate is for the office of state senator or state 8
599599 representative, the house or senate district of which the candidate is a resident; 9
600600 (6) the office that the candidate seeks; 10
601601 (7) the date of the election at which the candidate seeks election; 11
602602 (8) the length of residency in the state and in the house district of the 12
603603 candidate; 13
604604 (9) the name of the candidate as the candidate wishes it to be written 14
605605 on the ballot by the voter; 15
606606 (10) that the candidate meets the specific citizenship requirements of 16
607607 the office for which the person is a candidate; 17
608608 (11) that the candidate will meet the specific age requirements of the 18
609609 office for which the person is a candidate; if the candidacy is for the office of state 19
610610 representative, that the candidate will be at least 21 years of age on the first scheduled 20
611611 day of the first regular session of the legislature convened after the election; if the 21
612612 candidacy is for the office of state senator, that the candidate will be at least 25 years 22
613613 of age on the first scheduled day of the first regular session of the legislature convened 23
614614 after the election; if the candidacy is for the office of governor or lieutenant governor, 24
615615 that the candidate will be at least 30 years of age on the first Monday in December 25
616616 following election or, if the office is to be filled by special election under 26
617617 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 27
618618 date of certification of the results of the special election; or, for any other office, by 28
619619 the time that the candidate, if elected, is sworn into office; 29
620620 (12) that the candidate is a qualified voter as required by law; and 30
621621 (13) that the candidate is not a candidate for any other office to be 31 33-LS0033\A
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625625 voted on at the general election and that the candidate is not a candidate for this office 1
626626 under any other nominating petition or declaration of candidacy. 2
627627 * Sec. 29. AS 15.25.105(b) is amended to read: 3
628628 (b) If a write-in candidate is running for the office of governor, the candidate 4
629629 must file a joint letter of intent together with a candidate for lieutenant governor. Both 5
630630 candidates must be of the same political party or group. 6
631631 * Sec. 30. AS 15.25 is amended by adding new sections to article 1 to read: 7
632632 Sec. 15.25.111. Filling vacancies by party petition. If a candidate of a 8
633633 political party nominated at the primary election dies, withdraws, resigns, becomes 9
634634 disqualified from holding the office for which the candidate is nominated, or is 10
635635 certified as being incapacitated in the manner prescribed by this section after the 11
636636 primary election and 64 days or more before the general election, the vacancy may be 12
637637 filled by party petition. The central committee of any political party or any party 13
638638 district committee may certify as being incapacitated any candidate nominated by their 14
639639 respective party by presenting to the director a sworn statement made by a panel of 15
640640 three licensed physicians, not more than two of whom may be of the same political 16
641641 party, that the candidate is physically or mentally incapacitated to an extent that 17
642642 would, in the panel's judgment, prevent the candidate from active service during the 18
643643 term of office if elected. The director shall place the name of the person nominated by 19
644644 party petition on the general election ballot. The name of a candidate disqualified 20
645645 under this section may not appear on the general election ballot. 21
646646 Sec. 15.25.121. Requirements for party petition. Party petitions for the 22
647647 nomination of candidates shall state in substance that the political party desires and 23
648648 intends to support the named candidate for the named office and requests that the 24
649649 name of the proposed candidate be placed on the general election ballot. The petition 25
650650 may be filed not later than 64 days before the date of the general election. 26
651651 Sec. 15.25.131. Selection of nominees for party petition. The nominees of 27
652652 political parties by party petition may be selected for statewide offices by the state 28
653653 party central committee or in any other manner prescribed by the party bylaws, and the 29
654654 petition for statewide offices shall be signed by the state chairperson of the political 30
655655 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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659659 central committee. The nominees of political parties by party petition may be selected 1
660660 for district-wide offices by the respective party district committee or in any other 2
661661 manner prescribed by the party bylaws, and the petition for district-wide offices shall 3
662662 be signed by the chairperson of the party district committee, or in the absence of the 4
663663 chairperson, by any two members of the party district committee, or in any other 5
664664 manner prescribed by the party bylaws. The petition may be delivered in person or by 6
665665 mail, facsimile, or other reliable electronic transmission. 7
666666 * Sec. 31. AS 15.25 is amended by adding new sections to article 2 to read: 8
667667 Sec. 15.25.141. Provision for no-party candidate nominations. Candidates 9
668668 not representing a political party are nominated by petition. 10
669669 Sec. 15.25.151. Date of filing petition. A candidate seeking nomination by 11
670670 petition shall submit the information required under AS 15.25.181(a)(1) - (8) and (11) 12
671671 - (17) to the director in the time and manner specified in AS 15.25.040. The full 13
672672 petition with voter signatures shall be filed with the director by actual physical 14
673673 delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary 15
674674 election in the year in which a general election is held for the office, or by actual 16
675675 physical delivery to the director by registered or certified mail return receipt requested 17
676676 which is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary 18
677677 election in the year in which a general election is held for the office, and received not 19
678678 more than 15 days after that time. If the postmark is illegible, a dated receipt from the 20
679679 post office where dispatched shall be acceptable as evidence of mailing. 21
680680 Sec. 15.25.161. Required number of signatures for statewide office. 22
681681 Petitions for the nomination of candidates for the office of governor, lieutenant 23
682682 governor, United States senator, and United States representative shall be signed by 24
683683 qualified voters of the state equal in number to at least one percent of the number of 25
684684 voters who cast ballots in the preceding general election. 26
685685 Sec. 15.25.171. Required number of signatures for district-wide office. 27
686686 Petitions for the nomination of candidates for the office of state senator or state 28
687687 representative shall be signed by qualified voters of the house or senate district in 29
688688 which the proposed nominee desires to be a candidate equal in number to at least one 30
689689 percent of the number of voters who cast ballots in the propose
690690 d nominee's respective 31 33-LS0033\A
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694694 house or senate district in the preceding general election. A nominating petition may 1
695695 not contain less than 50 signatures for any district. 2
696696 Sec. 15.25.181. Requirements for petition. (a) The petition must state in 3
697697 substance 4
698698 (1) the full name of the candidate; 5
699699 (2) the full residence address of the candidate and the date on which 6
700700 residency at that address began; 7
701701 (3) the full mailing address of the candidate; 8
702702 (4) the name of the political group, if any, supporting the candidate; 9
703703 (5) if the candidacy is for the office of state senator or state 10
704704 representative, the house or senate district of which the candidate is a resident; 11
705705 (6) the office for which the candidate is nominated; 12
706706 (7) the date of the election at which the candidate seeks election; 13
707707 (8) the length of residency in the state and in the district of the 14
708708 candidate; 15
709709 (9) that the subscribers are qualified voters of the state or house or 16
710710 senate district in which the candidate resides; 17
711711 (10) that the subscribers request that the candidate's name be placed on 18
712712 the general election ballot; 19
713713 (11) that the proposed candidate accepts the nomination and will serve 20
714714 if elected with the statement signed by the proposed candidate; 21
715715 (12) the name of the candidate as the candidate wishes it to appear on 22
716716 the ballot; 23
717717 (13) that the candidate is not a candidate for any other office to be 24
718718 voted on at the primary or general election and that the candidate is not a candidate for 25
719719 this office under any other nominating petition or declaration of candidacy; 26
720720 (14) that the candidate meets the specific citizenship requirements of 27
721721 the office for which the person is a candidate; 28
722722 (15) that the candidate will meet the specific age requirements of the 29
723723 office for which the person is a candidate; if the candidacy is for the office of state 30
724724 representative, that the candidate will be at least 21 years of age on the first scheduled 31 33-LS0033\A
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728728 day of the first regular session of the legislature convened after the election; if the 1
729729 candidacy is for the office of state senator, that the candidate will be at least 25 years 2
730730 of age on the first scheduled day of the first regular session of the legislature convened 3
731731 after the election; and if the candidacy is for the office of governor or lieutenant 4
732732 governor, that the candidate will be at least 30 years of age on the first Monday in 5
733733 December following the election or, if the office is to be filled by special election 6
734734 under AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on 7
735735 the date of certification of the results of the special election; or, for any other office, 8
736736 by the time that the candidate, if elected, is sworn into office; 9
737737 (16) that the candidate is a qualified voter; and 10
738738 (17) if the candidacy is for the office of the governor, the name of the 11
739739 candidate for lieutenant governor running jointly with the candidate for governor. 12
740740 (b) A person filing a nominating petition under this section, other than a 13
741741 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 14
742742 simultaneously file with the director a statement of income sources and business 15
743743 interests that complies with the requirements of AS 39.50. A person who is subject to 16
744744 AS 24.60 and is filing a nominating petition for state legislative office shall 17
745745 simultaneously file with the director a disclosure statement that complies with the 18
746746 requirements of AS 24.60.200. 19
747747 (c) An incumbent public official, other than a legislator, who has a current 20
748748 statement of income sources and business interests under AS 39.50 on file with the 21
749749 Alaska Public Offices Commission, or an incumbent legislator who has a current 22
750750 disclosure statement under AS 24.60.200 on file with the Alaska Public Offices 23
751751 Commission, is not required to file a statement of income sources and business 24
752752 interests or a disclosure statement with the nominating petition under (b) of this 25
753753 section. 26
754754 Sec. 15.25.186. Eligibility of candidate. The provisions of AS 15.25.042 and 27
755755 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 28
756756 nomination by petition under AS 15.25.141 - 15.25.201. 29
757757 Sec. 15.25.191. Placement of names on general election ballot. The director 30
758758 shall place the names and the political group affiliation of persons who have been 31 33-LS0033\A
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762762 properly nominated by petition on the general election ballot. 1
763763 Sec. 15.25.201. Withdrawal of candidate's name. If a candidate nominated 2
764764 by petition dies or withdraws after the petition has been filed and 64 days or more 3
765765 before the general election, the director may not place the name of the candidate on 4
766766 the general election ballot. 5
767767 * Sec. 32. AS 15.30.010 is amended to read: 6
768768 Sec. 15.30.010. Provision for selection of electors. Electors of President and 7
769769 Vice President of the United States are selected by election at the general election in 8
770770 presidential election years [, IN THE MANNER AND AS DETERMINED BY THE 9
771771 RANKED-CHOICE METHOD OF TABULATING VOTES DESCRIBED IN 10
772772 AS 15.15.350 - 15.15.370]. 11
773773 * Sec. 33. AS 15.40.140 is amended to read: 12
774774 Sec. 15.40.140. Condition of calling [SPECIAL PRIMARY ELECTION 13
775775 AND] special election. When a vacancy occurs in the office of United States senator 14
776776 or United States representative, the governor shall, by proclamation, call a special 15
777777 [PRIMARY] election under AS 15.40.144(a); however, [TO BE HELD ON A DATE 16
778778 NOT LESS THAN 60, NOR MORE THAN 90, DAYS AFTER THE DATE THE 17
779779 VACANCY OCCURS, TO BE FOLLOWED BY A SPECIAL ELECTION ON THE 18
780780 FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS 19
781781 THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION. HOWEVER, IN 20
782782 AN ELECTION YEAR IN WHICH A CANDIDATE FOR THAT OFFICE IS NOT 21
783783 REGULARLY ELECTED,] if the vacancy occurs on a date that is [NOT] less than 60 22
784784 days [, NOR MORE THAN 90,] before or is on or after the date of 23
785785 [(1)] the primary election in the general election year during which 24
786786 a candidate to fill the office is regularly elected, the governor may not call a [, 25
787787 THE] special [PRIMARY] election [SHALL BE HELD ON THE DATE OF THE 26
788788 PRIMARY ELECTION WITH THE SUBSEQUENT SPECIAL ELECTION TO BE 27
789789 HELD ON THE DATE OF THE GENERAL ELECTION; OR 28
790790 (2) THE GENERAL ELECTION, THE SPECIAL PRIMARY 29
791791 ELECTION SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION 30
792792 WITH THE SUBSEQUENT SPECIAL ELECTION TO BE HELD ON THE FIRST 31 33-LS0033\A
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796796 TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS THAN 1
797797 60 DAYS AFTER THE SPECIAL PRIMARY AND GENERAL ELECTION]. 2
798798 * Sec. 34. AS 15.40 is amended by adding new sections to read: 3
799799 Sec. 15.40.143. Condition of calling a special runoff election. (a) If no 4
800800 candidate in a special election called under AS 15.40.140 receives over 50 percent of 5
801801 the votes cast for the office, the governor shall, by proclamation, call a special runoff 6
802802 election under AS 15.40.144(b). 7
803803 (b) In a special runoff election called under (a) of this section, the director 8
804804 shall place the names of the candidates receiving the greatest number of votes and the 9
805805 second greatest number of votes in the special election on the special runoff election 10
806806 ballot. 11
807807 Sec. 15.40.144. Time of calling the special election and special runoff 12
808808 election. (a) Except as provided in (c) of this section, if a special election is called 13
809809 under AS 15.40.140, it shall be held on a date not less than 60, nor more than 90, days 14
810810 after the date the vacancy occurs. 15
811811 (b) Except as provided in (c) of this section, a special runoff election under 16
812812 AS 15.40.143 shall be held on the first Tuesday that is not a state holiday occurring 17
813813 not less than 60 days after the special election. 18
814814 (c) In an election year in which a candidate for the vacant office is not 19
815815 regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 20
816816 than 90, days before the date of 21
817817 (1) the primary election, the special election shall be held on the date 22
818818 of the primary election with any subsequent special runoff election under 23
819819 AS 15.40.143 to be held on the date of the general election; or 24
820820 (2) the general election, the special election shall be held on the date of 25
821821 the general election with any subsequent special runoff election under AS 15.40.143 to 26
822822 be held on the first Tuesday that is not a state holiday occurring not less than 60 days 27
823823 after the special and general election. 28
824824 * Sec. 35. AS 15.40 is amended by adding a new section to read: 29
825825 Sec. 15.40.151. Condition for holding special election with primary. If the 30
826826 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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828828 New Text Underlined [DELETED TEXT BRACKETED]
829829
830830 the primary election, the governor shall, by proclamation, call the special election to 1
831831 be held on the date of the primary election. 2
832832 * Sec. 36. AS 15.40.160 is amended to read: 3
833833 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 4
834834 [CALLING THE SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at 5
835835 least 50 days before the 6
836836 (1) special [PRIMARY] election; and 7
837837 (2) if a special runoff election is required under AS 15.40.143(a), 8
838838 special runoff election. 9
839839 * Sec. 37. AS 15.40.165 is amended to read: 10
840840 Sec. 15.40.165. Term of elected senator. At the special election, or, as 11
841841 provided by AS 15.40.143, at the special runoff election, a United States senator 12
842842 shall be elected to fill the remainder of the unexpired term. The person elected shall 13
843843 take office on the date the United States Senate meets, convenes, or reconvenes 14
844844 following the certification of the results of the special election or special runoff 15
845845 election by the director. 16
846846 * Sec. 38. AS 15.40.170 is amended to read: 17
847847 Sec. 15.40.170. Term of elected representative. At the special election, or, as 18
848848 provided by AS 15.40.143, at the special runoff election, a United States 19
849849 representative shall be elected to fill the remainder of the unexpired term. The person 20
850850 elected shall take office on the date the United States house of representatives meets, 21
851851 convenes, or reconvenes following the certification of the results of the special 22
852852 election or special runoff election by the director. 23
853853 * Sec. 39. AS 15.40.190 is amended to read: 24
854854 Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions 25
855855 for the nomination of candidates not representing a political party shall be signed 26
856856 by qualified voters of the state equal in number to at least one percent of the 27
857857 number of voters who cast ballots in the preceding general election and shall 28
858858 [MUST BE EXECUTED UNDER OATH,] state in substance that which is required 29
859859 for nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 30
860860 UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 31 33-LS0033\A
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862862 New Text Underlined [DELETED TEXT BRACKETED]
863863
864864 AS 15.25.050(a)]. 1
865865 * Sec. 40. AS 15.40 is amended by adding new sections to read: 2
866866 Sec. 15.40.201. Requirements of party petition. Petitions for the nomination 3
867867 of candidates of political parties shall state in substance that the party desires and 4
868868 intends to support the named candidate for the office of United States senator or 5
869869 United States representative, as appropriate, at the special election and requests that 6
870870 the name of the candidate nominated be placed on the ballot. 7
871871 Sec. 15.40.211. Selection of party nominees. The nominees of political 8
872872 parties may be selected by the state convention or in any other manner prescribed by 9
873873 the party bylaws, and the petition shall be signed by the chairperson and secretary of 10
874874 the state convention, or if the nominees are selected by the party central committee, 11
875875 the petition shall be signed by the chairperson of the central committee or in any other 12
876876 manner prescribed by the party bylaws. 13
877877 * Sec. 41. AS 15.40.220 is amended to read: 14
878878 Sec. 15.40.220. General provisions for conduct of [THE] special 15
879879 [PRIMARY] election and special runoff election. Unless specifically provided 16
880880 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17
881881 general election shall govern the conduct of the special [PRIMARY] election and the 18
882882 special runoff election of the United States senator or United States representative, 19
883883 including provisions concerning voter qualifications; provisions regarding the duties, 20
884884 powers, rights, and obligations of the director, of other election officials, and of 21
885885 municipalities; provision for notification of the election; provision for payment of 22
886886 election expenses; provisions regarding employees being allowed time from work to 23
887887 vote; provisions for the counting, reviewing, and certification of returns; provisions 24
888888 for running as, voting for, and counting ballots for a write-in candidate; 25
889889 provisions for the determination of the votes and of recounts, contests, and appeal; and 26
890890 provision for absentee voting. 27
891891 * Sec. 42. AS 15.40.230 is amended to read: 28
892892 Sec. 15.40.230. Condition and time of calling [SPECIAL PRIMARY 29
893893 ELECTION AND] special election. When a person appointed to succeed to the 30
894894 office of lieutenant governor succeeds to the office of acting governor, the acting 31 33-LS0033\A
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897897
898898 governor shall, by proclamation, call a special [PRIMARY] election to be held on a 1
899899 date not less than 60, nor more than 90, days after the date the vacancy in the office of 2
900900 the governor occurred [AND A SUBSEQUENT SPECIAL ELECTION TO BE HELD 3
901901 ON THE FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING 4
902902 NOT LESS THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION]. 5
903903 However, if the vacancy occurs on a date that is less than 60 days before or is on or 6
904904 after the date of the primary election in years in which a governor is regularly elected, 7
905905 the acting governor shall serve the remainder of the unexpired term and may not call a 8
906906 special election. 9
907907 * Sec. 43. AS 15.40.240 is amended to read: 10
908908 Sec. 15.40.240. Conditions for holding special [PRIMARY ELECTION 11
909909 AND SPECIAL] election with primary or general election. If the vacancy occurs 12
910910 on a date not less than 60, nor more than 90, days before the date of the primary 13
911911 election in years in which a governor is regularly elected [IN AN ELECTION 14
912912 YEAR IN WHICH A GOVERNOR IS NOT REGULARLY ELECTED, THE 15
913913 ACTING GOVERNOR SHALL, BY PROCLAMATION, CALL THE SPECIAL 16
914914 PRIMARY ELECTION TO BE HELD ON THE DATE OF THE PRIMARY 17
915915 ELECTION AND THE SPECIAL ELECTION TO BE HELD ON THE DATE OF 18
916916 THE GENERAL ELECTION,] or [,] if the vacancy occurs on a date not less than 60, 19
917917 nor more than 90, days before the date of the primary election or general election in 20
918918 election years in which a governor is not regularly elected, the acting governor shall, 21
919919 by proclamation, call the special [PRIMARY] election to be held on the date of the 22
920920 primary election or general election [WITH THE SUBSEQUENT SPECIAL 23
921921 ELECTION TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A STATE 24
922922 HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE SPECIAL 25
923923 PRIMARY AND GENERAL ELECTION]. 26
924924 * Sec. 44. AS 15.40.250 is amended to read: 27
925925 Sec. 15.40.250. Proclamation of [SPECIAL PRIMARY ELECTION AND] 28
926926 special election. The acting governor shall issue the proclamation [CALLING THE 29
927927 SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at least 50 days 30
928928 before the [SPECIAL PRIMARY] election. 31 33-LS0033\A
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930930 New Text Underlined [DELETED TEXT BRACKETED]
931931
932932 * Sec. 45. AS 15.40.280 is amended to read: 1
933933 Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions 2
934934 for the nomination of candidates not representing a political party shall be signed 3
935935 by qualified voters of the state equal in number to at least one percent of the 4
936936 number of voters who cast ballots in the preceding general election, shall include 5
937937 nominees for the office of governor and lieutenant governor, and shall [MUST BE 6
938938 EXECUTED UNDER OATH,] state in s ubstance that which is required for 7
939939 nomination petitions by AS 15.25.181 [A DECLARATION OF CANDIDACY 8
940940 UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 9
941941 AS 15.25.050(a)]. 10
942942 * Sec. 46. AS 15.40 is amended by adding new sections to read: 11
943943 Sec. 15.40.291. Requirements of party petition. Petitions for the nomination 12
944944 of candidates of political parties shall state in substance that the party desires and 13
945945 intends to support the named candidates for the offices of governor and lieutenant 14
946946 governor at the special election and requests that the names of the two candidates 15
947947 nominated be placed on the ballot. 16
948948 Sec. 15.40.301. Selection of party nominees. The nominees of political 17
949949 parties may be selected by state convention or in any other manner prescribed by the 18
950950 party bylaws, and the petition shall be signed by the chairperson and secretary of the 19
951951 state convention, or, if the nominees are selected by the party central committee, the 20
952952 petition shall be signed by the state chairperson of the political party or in any other 21
953953 manner prescribed by the party bylaws. 22
954954 * Sec. 47. AS 15.40.310 is amended to read: 23
955955 Sec. 15.40.310. General provisions for conduct of [THE SPECIAL 24
956956 PRIMARY ELECTION AND] special election. Unless specifically provided 25
957957 otherwise, all provisions regarding the conduct of the [PRIMARY AND] general 26
958958 election shall govern the conduct of the special [PRIMARY ELECTION AND 27
959959 SPECIAL] election of the governor and lieutenant governor, including provisions 28
960960 concerning voter qualifications; provisions regarding the duties, powers, rights, and 29
961961 obligations of the director, of other election officials, and of municipalities; provision 30
962962 for notification of the election; provision for payment of election expenses; provisions 31 33-LS0033\A
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965965
966966 regarding employees being allowed time from work to vote; provisions for the 1
967967 counting, reviewing, and certification of returns; provisions for the determination of 2
968968 the votes and of recounts, contests, and appeal; and provision for absentee voting. 3
969969 * Sec. 48. AS 15.40.330 is amended to read: 4
970970 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 5
971971 appointee shall meet the qualifications of a member of the legislature as prescribed in 6
972972 art. II, sec. 2, Constitution of the State of Alaska, [AND, IF THE PREDECESSOR IN 7
973973 OFFICE WAS A MEMBER OF A POLITICAL PARTY OR POLITICAL GROUP 8
974974 AT THE TIME OF THE VACANCY, (1)] shall be a member of the same political 9
975975 party [OR POLITICAL GROUP] as that which nominated the predecessor in office, 10
976976 [;] and [(2)] shall be subject to confirmation by a majority of the members of the 11
977977 legislature who are members of the same political party which nominated [OR 12
978978 POLITICAL GROUP AS] the predecessor in office and of the same house as was the 13
979979 predecessor in office. If the predecessor in office was not nominated by [A 14
980980 MEMBER OF] a political party or [POLITICAL GROUP AT THE TIME OF THE 15
981981 VACANCY, OR,] if no other member of the predecessor's political party [OR 16
982982 POLITICAL GROUP] is a member of the predecessor's house of the legislature, the 17
983983 governor may appoint any qualified person. If the appointee is not a member of a 18
984984 political party [OR POLITICAL GROUP, AS PROVIDED IN (b) OF THIS 19
985985 SECTION], the appointment is not subject to confirmation. If the appointee is a 20
986986 member of a political party [OR POLITICAL GROUP], the appointment is subject to 21
987987 confirmation as provided by [(b) OF] this section for the confirmation of political 22
988988 party [OR POLITICAL GROUP] appointees. 23
989989 (b) A member of a political party [OR POLITICAL GROUP] is a person who 24
990990 supports the political program of a [POLITICAL] party [OR POLITICAL GROUP]. 25
991991 The filing for office of a candidate as an independent or no-party candidate 26
992992 [ABSENCE OF A POLITICAL PARTY OR POLITICAL GROUP DESIGNATION 27
993993 AFTER A CANDIDATE'S NAME ON AN ELECTION BALLOT] does not preclu de 28
994994 a candidate from being a member of a political party [OR POLITICAL GROUP]. 29
995995 Recognition of an independent or no-party [A] candidate as a member of a 30
996996 [POLITICAL] party [OR POLITICAL GROUP] caucus of members of the legislature 31 33-LS0033\A
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998998 New Text Underlined [DELETED TEXT BRACKETED]
999999
10001000 at the legislative session following the election of the independent or no-party 1
10011001 candidate is recognition of that person's [POLITICAL] party [OR POLITICAL 2
10021002 GROUP] membership at the time filings were made by party candidates for the 3
10031003 preceding general election [FOR THE PURPOSES OF CONFIRMATION UNDER 4
10041004 THIS SECTION]. 5
10051005 * Sec. 49. AS 15.40.380 is amended to read: 6
10061006 Sec. 15.40.380. Conditions for part-term senate appointment and special 7
10071007 election. If the vacancy is for an unexpired senate term of more than two years and 8
10081008 five full calendar months, the governor shall call a special [PRIMARY ELECTION 9
10091009 AND A SPECIAL] election by proclamation and the appointment shall expire on the 10
10101010 date the state senate first convenes or reconvenes following the certification of the 11
10111011 results of the special election by the director. 12
10121012 * Sec. 50. AS 15.40.390 is amended to read: 13
10131013 Sec. 15.40.390. Date of special [PRIMARY ELECTION AND SPECIAL] 14
10141014 election. The special [PRIMARY] election to fill a vacancy in the state senate shall be 15
10151015 held on the date of the first general [PRIMARY] election held more than three full 16
10161016 calendar months [60 DAYS] after the senate vacancy occurs [, AND THE SPECIAL 17
10171017 ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL 18
10181018 ELECTION THEREAFTER]. 19
10191019 * Sec. 51. AS 15.40.400 is amended to read: 20
10201020 Sec. 15.40.400. Proclamation of [SPECIAL PRIMARY ELECTION AND] 21
10211021 special election. The governor shall issue the proclamation calling the [SPECIAL 22
10221022 PRIMARY ELECTION AND] special election at least 50 days before the [SPECIAL 23
10231023 PRIMARY] election. 24
10241024 * Sec. 52. AS 15.40.440 is amended to read: 25
10251025 Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 26
10261026 for the nomination of candidates not representing a political party shall be signed 27
10271027 by qualified voters equal in number to at least one percent of the number of 28
10281028 voters who cast ballots in the proposed nominee's respective house or senate 29
10291029 district in the preceding general election. A nominating petition may not contain 30
10301030 less than 50 signatures for any district and must [BE EXECUTED UNDER 31 33-LS0033\A
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10321032 New Text Underlined [DELETED TEXT BRACKETED]
10331033
10341034 OATH,] state in substance that which is required in petitions for nomination by 1
10351035 AS 15.25.181 [A DECLARATION OF CANDIDACY UNDER AS 15.25.030, AND 2
10361036 INCLUDE THE FEE REQUIRED UNDER AS 15.25.050(a)]. 3
10371037 * Sec. 53. AS 15.40 is amended by adding new sections to read: 4
10381038 Sec. 15.40.451. Requirements of petition by political party. Petitions for the 5
10391039 nomination of candidates of political parties shall state in substance that the party 6
10401040 desires and intends to support the named candidate for the office of state senator at the 7
10411041 special election and requests that the name of the candidate be placed on the ballot. 8
10421042 Sec. 15.40.461. Selection of political party nominees. The nominees of 9
10431043 political parties may be selected by the respective party district committee or by any 10
10441044 other manner as provided by the party bylaws, and the petition shall be signed by the 11
10451045 chairperson of the party district committee or by any other party official designated by 12
10461046 the party bylaws. 13
10471047 * Sec. 54. AS 15.40.470 is amended to read: 14
10481048 Sec. 15.40.470. General provision for conduct of [THE SPECIAL 15
10491049 PRIMARY ELECTION AND] special election. Unless specifically provided 16
10501050 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 17
10511051 general election shall govern the conduct of the special [PRIMARY ELECTION AND 18
10521052 SPECIAL] election of state senators, including provisions concerning voter 19
10531053 qualifications; provisions regarding the duties, powers, rights, and obligations of the 20
10541054 director, of other election officials, and of municipalities; provision for notification of 21
10551055 the election; provision for payment of election expenses; provisions regarding 22
10561056 employees being allowed time from work to vote; provisions for the counting, 23
10571057 reviewing, and certification of returns; provisions for the determination of the votes 24
10581058 and of recounts, contests, and appeal; and provision for absentee voting. 25
10591059 * Sec. 55. AS 15.45.190 is amended to read: 26
10601060 Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 27
10611061 direct the director to place the ballot title and proposition on the election ballot of the 28
10621062 first statewide general, special, special runoff [PRIMARY], or primary election that is 29
10631063 held after 30
10641064 (1) the petition has been filed; 31 33-LS0033\A
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10671067
10681068 (2) a legislative session has convened and adjourned; and 1
10691069 (3) a period of 120 days has expired since the adjournment of the 2
10701070 legislative session. 3
10711071 * Sec. 56. AS 15.45.420 is amended to read: 4
10721072 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 5
10731073 direct the director to place the ballot title and proposition on the election ballot for the 6
10741074 first statewide general, special, special runoff [PRIMARY], or primary election held 7
10751075 more than 180 days after adjournment of the legislative session at which the act was 8
10761076 passed. 9
10771077 * Sec. 57. AS 15.58.010 is amended to read: 10
10781078 Sec. 15.58.010. Election pamphlet. Before each state general election, and 11
10791079 before each state primary, special, or special runoff [PRIMARY] election at which a 12
10801080 ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 13
10811081 prepare, publish, and mail at least one election pamphlet to each household identified 14
10821082 from the official registration list. The pamphlet shall be prepared on a regional basis as 15
10831083 determined by the lieutenant governor. 16
10841084 * Sec. 58. AS 15.58.020(b) is amended to read: 17
10851085 (b) Each primary, special, or special runoff [PRIMARY] election pamphlet 18
10861086 shall contain only the information specified in (a)(6) and (a)(9) of this section for each 19
10871087 ballot measure scheduled to appear on the primary, special, or special runoff 20
10881088 [PRIMARY] election ballot. 21
10891089 * Sec. 59. AS 15.58.030(b) is amended to read: 22
10901090 (b) No [NOT] later than July 22 of a year in which a state general election will 23
10911091 be held, an individual who becomes a candidate for the office of United States senator, 24
10921092 United States representative, governor, lieutenant governor, state senator, or state 25
10931093 representative under AS 15.25.030 or 15.25.181 may file with the lieutenant governor 26
10941094 a photograph and a statement advocating the candidacy. An individual who becomes 27
10951095 a candidate for the office of United States senator, United States representative, 28
10961096 governor, lieutenant governor, state senator, or state representative by party 29
10971097 petition filed under AS 15.25.111 may file with the lieutenant governor a 30
10981098 photograph and a statement advocating the candidacy within 10 days of 31 33-LS0033\A
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11011101
11021102 becoming a candidate. 1
11031103 * Sec. 60. AS 15.80.010(9) is amended to read: 2
11041104 (9) "federal election" means a general, special, special runoff 3
11051105 [PRIMARY], or primary election held solely or in part for the purpose of selecting, 4
11061106 nominating, or electing a candidate for the office of President, Vice-President, 5
11071107 presidential elector, United States senator, or United States representative; 6
11081108 * Sec. 61. AS 39.50.020(b) is amended to read: 7
11091109 (b) A public official or former public official other than an elected or 8
11101110 appointed municipal officer shall file the statement with the Alaska Public Offices 9
11111111 Commission. Candidates for the office of governor and lieutenant governor and, if the 10
11121112 candidate is not subject to AS 24.60, the legislature shall file the statement under 11
11131113 AS 15.25.030 or 15.25.181. Municipal officers, former municipal officers, and 12
11141114 candidates for elective municipal office shall file with the municipal clerk or other 13
11151115 municipal official designated to receive their filing for office. All statements required 14
11161116 to be filed under this chapter are public records. 15
11171117 * Sec. 62. AS 15.15.025, 15.15.030(14), 15.15.030(15), 15.15.030(16), 15.15.030(17), 16
11181118 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
11191119 AS 15.58.020(a)(13), 15.58.020(c); AS 15.80.008(a)(2), and 15.80.010(34) are repealed. 18