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SENATE CS FOR CS FOR HOUSE BILL NO. 129(STA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE SENATE STATE AFFAIRS COMMITTEE
Offered: 5/3/24
Referred: Finance
Sponsor(s): HOUSE JUDICIARY COMMITTEE
A BILL
FOR AN ACT ENTITLED
"An Act relating to elections; relating to voters; relating to voting; relating to voter 1
registration; relating to disclosure of election-related deepfakes; relating to a legal fund 2
to pay attorney fees and costs in an election contest; and providing for an effective 3
date." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 15.05.010 is amended to read: 6
Sec. 15.05.010. Voter qualification. A person may vote at any election who 7
(1) is a citizen of the United States; 8
(2) is 18 years of age or older; 9
(3) has been a resident of the state and of the house district in which 10
the person seeks to vote for at least 30 days just before the election; and 11
(4) has registered [BEFORE THE ELECTION] as required under 12
AS 15.07 and is not registered to vote in another jurisdiction. 13
* Sec. 2. AS 15.07.060 is amended by adding a new subsection to read: 14 33-LS0668\R
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(g) An applicant who requests registration within 30 days before an election 1
shall supply a declaration stating whether the applicant established residency at least 2
30 days before the date of the election in 3
(1) the state; 4
(2) the house district in which the applicant seeks to vote at the 5
election. 6
* Sec. 3. AS 15.07.070(c) is amended to read: 7
(c) The names of persons submitting completed registration forms by mail that 8
are postmarked at least 30 days before the next election, or submitting completed 9
registration forms by facsimile or other electronic transmission approved by the 10
director under AS 15.07.050 that are received at least 30 days before the next election, 11
shall be placed on the official registration list for that election. If a registration form 12
received by mail less than 30 days before an election does not have a legible and dated 13
postmark, the name of the person submitting the form shall be placed on the official 14
registration list for that election if the form was signed and dated by the person at least 15
30 days before the election and if the form is received by the director or election 16
supervisor at least 25 days before the election. The name of a person submitting a 17
completed registration form by mail or by facsimile or other electronic transmission 18
that does not meet the applicable requirements of this subsection may not be placed on 19
the official registration list for that election but shall be placed on the master register 20
after that election. A person submitting a completed registration form that does 21
not meet the requirements of this subsection for placement on the master register 22
for the next election but who complies with AS 15.07.060(g) may vote an 23
absentee, special needs, or questioned ballot at that election. 24
* Sec. 4. AS 15.07.070(d) is amended to read: 25
(d) Qualified voters may register in person before a registration official or 26
through a voter registration agency at any time throughout the year. A qualified voter 27
who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 28
or on the day of an election may vote only an absentee, special needs, or 29
questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 30
that election. The division may not reject the absentee, special needs, or 31 33-LS0668\R
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questioned ballot of a qualified voter who registers within 30 days before or on 1
the day of an election on the grounds that the voter is not on the official 2
registration list for the election. Upon receipt and approval of the registration forms, 3
the director or the election supervisor shall forward to the voter an acknowledgment in 4
the form of a registration card, and the voter's name shall immediately be placed on 5
the master register. Names of persons registering 30 or more days before an election 6
shall be placed on the official registration list for that election. 7
* Sec. 5. AS 15.07.090(b) is amended to read: 8
(b) A voter shall reregister if the voter's registration is cancelled as provided in 9
AS 15.07.130. A person reregistering under this subsection may vote only an 10
absentee, special needs, or questioned ballot until [THE REREGISTRATION IS 11
EFFECTIVE FOR] the next election that occurs at least 30 days after the date of 12
reregistration. The division may not reject the absentee, special needs, or 13
questioned ballot of a qualified voter who reregisters within 30 days before or on 14
the day of an election on the grounds that the voter is not on the official 15
registration list for the election. 16
* Sec. 6. AS 15.07.090(c) is amended to read: 17
(c) The director shall transfer the registration of a voter from one precinct to 18
another within a house district when requested by the voter. If a [THE] request is 19
[SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 20
election day, a person transferring registration to a new precinct may vote only 21
an absentee, special needs, or questioned ballot. The division may not reject the 22
absentee, special needs, or questioned ballot of a qualified voter who transfers 23
registration within 30 days before or on the day of an election on the grounds 24
that the voter is not on the official registration list for the election. The director 25
shall transfer the registration of a voter from one house district to another when 26
requested by the voter. The voter must reside in the new house district for at least 30 27
days in order to vote a ballot for that district. 28
* Sec. 7. AS 15.07.090(d) is amended to read: 29
(d) A person who claims to be a registered voter, but for whom no evidence of 30
registration in the precinct can be found, may vote only an absentee, special needs, 31 33-LS0668\R
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or questioned ballot. The division may not reject the absentee, special needs, or 1
questioned ballot of a qualified voter who registers within 30 days before or on 2
the day of an election on the grounds that the voter is not on the official 3
registration list for the election [SHALL BE GRANTED THE RIGHT TO VOTE 4
IN THE SAME MANNER AS THAT OF A QUESTIONED VOTER AND THE 5
BALLOT SHALL BE TREATED IN THE SAME MANNER. THE BALLOT 6
SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" AND SHALL BE 7
SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE 8
SHALL DETERMINE WHETHER THE VOTER IS REGISTERED IN THE HOUSE 9
DISTRICT BEFORE COUNTING THE BALLOT. A VOTER WHO HAS FAILED 10
TO OBTAIN A TRANSFER AS PROVIDED IN (c) OF THIS SECTION SHALL 11
VOTE A "QUESTIONED BALLOT" IN THE PRECINCT IN WHICH THE VOTER 12
RESIDES]. 13
* Sec. 8. AS 15.07.130(a) is amended to read: 14
(a) Periodically, at times of the director's choosing, but not [NO] less 15
frequently than in January of each calendar year, the director shall examine the master 16
register maintained under AS 15.07.120 and shall send, by forwardable 17
[NONFORWARDABLE] mail to the voter's registration mailing address, and to the 18
voter's electronic mail address, if available, a notice requesting address 19
confirmation or correction. The notice must explain that the voter's registration 20
will be inactivated unless the voter responds to the notice within 45 days after the 21
date the notice is sent. The director shall send the notice to each voter 22
(1) whose mail from the division has been returned to the division in 23
the two years immediately preceding the examination of the register; 24
(2) who has not contacted the division in the two years immediately 25
preceding the examination of the register and [; OR (3)] who has not voted or 26
appeared to vote in the two years [GENERAL ELECTIONS] immediately preceding 27
the examination of the register; or 28
(3) who, after registering to vote in this state and in the two years 29
immediately preceding the examination of the register, has 30
(A) registered to vote in another state; 31 33-LS0668\R
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(B) received a driver's license from another state; 1
(C) served on a jury in another state; 2
(D) received benefits under a claim of residency in another 3
state, territory, or country; or 4
(E) established residence in another state, territory, or 5
country. 6
* Sec. 9. AS 15.07.130(b) is amended to read: 7
(b) If a registered voter does [HAS] not respond to a notice sent under (a) of 8
this section within 45 days after the date the notice is sent, the director shall 9
inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 10
CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 11
VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 12
BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 13
FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 14
OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 15
SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 16
VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 17
INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 18
LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 19
THIS SECTION]. The director shall maintain on the master register the name of a 20
voter whose registration is inactivated. The director shall cancel a voter's inactive 21
registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, 22
National Voter Registration Act of 1993) after the second general election that occurs 23
after the registration becomes inactive if the voter does not contact the division or vote 24
or appear to vote. 25
* Sec. 10. AS 15.07.130(d) is amended to read: 26
(d) The notice sent under (a) [(b)] of this section must include a postage 27
prepaid and pre-addressed return card on which the voter may state the voter's current 28
address. The notice must indicate 29
(1) that the voter should return the card not later than 45 days after the 30
date of the notice if the voter did not change residence; 31 33-LS0668\R
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(2) that failure to return the card by the 45-day deadline could result in 1
removal of the voter's name from the official registration list for a subsequent election; 2
(3) that the voter's registration will be cancelled if the voter does not 3
contact the division during, or vote or appear to vote in an election held during, the 4
period beginning on the date of the notice and ending on the day after the last day of 5
the fourth calendar year that occurs after the date of notice; and 6
(4) how the voter can continue to be eligible to vote if the voter has 7
changed residence. 8
* Sec. 11. AS 15.07.130 is amended by adding new subsections to read: 9
(g) The division shall adopt regulations providing for regular review and 10
updates of the master register. The regulations must provide for review of the register 11
for data breaches, the number of registered voters compared to persons eligible to vote 12
in the state, and the names of deceased voters, persons convicted of a felony involving 13
moral turpitude, persons not qualified to vote under AS 15.05, and persons registered 14
to vote in another state. The regulations must specify records and databases for use in 15
reviewing the master register; the records and databases must include databases 16
sourced from governmental agencies outside the division, including the United States 17
Postal Service national change of address database, the database of permanent fund 18
dividend recipients, Alaska Court System databases, state motor vehicle records, 19
records of the state programs of corrections, property and sales tax records, records of 20
the federal social security system, municipal assessor databases, the United States 21
Social Security Administration death index, an alien database maintained by the 22
United States Department of Homeland Security, and jury duty records from other 23
jurisdictions. The director may compare the master register to state welfare and public 24
assistance agency databases to identify information relevant to registration to vote in 25
state elections, including address changes, deaths, and citizenship status, and shall 26
review the number of voters registered at each registration address to identify 27
anomalous registration totals. 28
(h) The director shall adopt a best practice voter registratio
n system to 29
improve identity matching when comparing the master register with the records and 30
databases used to review the master register. The director shall develop a written 31 33-LS0668\R
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maintenance schedule and guideline manual for the system and provide a report on the 1
system to the senate secretary and the chief clerk of the house of representatives on or 2
before the first day of the first regular session of each legislature and shall notify the 3
legislature that the report is available. 4
(i) The director shall, in a notice sent under (a) of this section, inform a voter 5
of the criteria to qualify as a voter and the penalties for voter misconduct. 6
* Sec. 12. AS 15.07 is amended by adding a new section to read: 7
Sec. 15.07.133. Process to cancel registration. The director shall develop a 8
process to allow a voter to cancel the voter's registration in person before an election 9
official or electronically. The director shall prominently display instructions for a 10
voter to cancel the voter's registration at each polling place. 11
* Sec. 13. AS 15.07.195 is amended by adding a new subsection to read: 12
(e) Unless disclosure of information related to a data breach of information 13
made confidential by this section would compromise a criminal investigation, the 14
director shall, not less than 30 days after discovering the breach, publish notice of the 15
nature and severity of the breach on the division's Internet website and report the 16
details of the breach to the president of the senate and the speaker of the house of 17
representatives. 18
* Sec. 14. AS 15.13.116(a) is amended to read: 19
(a) A candidate who, after the date of the general, special, municipal, or 20
municipal runoff election or after the date the candidate withdraws as a candidate, 21
whichever comes first, holds unused campaign contributions shall distribute the 22
amount held on February 1 for a general election or within 90 days after a special 23
election. The distribution may only be made to 24
(1) pay bills incurred for expenditures reasonably related to the 25
campaign and the winding up of the affairs of the campaign, including a victory or 26
thank you party, thank you advertisements, and thank you gifts to campaign 27
employees and volunteers, and to pay expenditures associated with post-election fund 28
raising that may be needed to raise funds to pay off campaign debts; 29
(2) make donations, without condition, to 30
(A) a political party; 31 33-LS0668\R
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(B) the state's general fund; 1
(C) a municipality of the state; or 2
(D) the federal government; 3
(3) make donations, without condition, to organizations qualified as 4
charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled 5
by the candidate or a member of the candidate's immediate family; 6
(4) repay loans from the candidate to the candidate's own campaign 7
under AS 15.13.078(b); 8
(5) repay contributions to contributors, but only if repayment of the 9
contribution is made pro rata in approximate proportion to the contributions made 10
using one of the following, as the candidate determines: 11
(A) to all contributors; 12
(B) to contributors who have contributed most recently; or 13
(C) to contributors who have made larger contributions; 14
(6) a legal fund established under AS 24.60.111 [ESTABLISH A 15
FUND FOR, AND FROM THAT FUND TO PAY, ATTORNEY FEES OR COSTS 16
INCURRED IN THE PROSECUTION OR DEFENSE OF AN ADMINISTRATIVE 17
OR CIVIL JUDICIAL ACTION THAT DIRECTLY CONCERNS A CHALLENGE 18
TO THE VICTORY OR DEFEAT OF THE CANDIDATE IN THE ELECTION]; 19
(7) transfer all or a portion of the unused campaign contributions to an 20
account for a future election campaign; a transfer under this paragraph is limited to 21
(A) $50,000, if the transfer is made by a candidate for governor 22
or lieutenant governor; 23
(B) $10,000, if the transfer is made by a candidate for the state 24
senate; 25
(C) $5,000, if the transfer is made by a candidate for the state 26
house of representatives; and 27
(D) $5,000, if the transfer is made by a candidate for an office 28
not described in (A) - (C) of this paragraph; 29
(8) transfer all or a portion of the unused campaign contributions to a 30
public office expense term account; a transfer under this paragraph is subject to the 31 33-LS0668\R
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following: 1
(A) the authority to transfer is limited to candidates who are 2
elected to the state legislature; 3
(B) the public office expense term account established under 4
this paragraph may be used only for expenses associated with the candidate's 5
serving as a member of the legislature; 6
(C) all amounts expended from the public office expense term 7
account shall be annually accounted for under AS 15.13.110(a)(4); 8
(D) a transfer under this paragraph is limited to $5,000 9
multiplied by the number of years in the term to which the candidate is elected 10
plus any accumulated interest; and 11
(E) unused campaign contributions transferred under this 12
paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 13
at the end of the term of office immediately following the campaign for which 14
the contributions were received; and 15
(9) transfer all or a portion of the unused campaign contributions to a 16
municipal office account; a transfer under this paragraph is subject to the following: 17
(A) the authority to transfer is limited to candidates who are 18
elected to municipal office, including a municipal school board; 19
(B) the municipal office account established under this 20
paragraph may be used only for expenses associated with the candidate's 21
serving as mayor or as a member of the assembly, city council, or school 22
board; 23
(C) all amounts expended from the municipal office account 24
shall be annually accounted for under AS 15.13.110(a)(4); 25
(D) a transfer under this paragraph is limited to $5,000; and 26
(E) unused campaign contributions transferred under this 27
paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 28
at the end of the term of office immediately following the campaign for which 29
the contributions were received. 30
* Sec. 15. AS 15.15 is amended by adding a new section to read: 31 33-LS0668\R
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Sec. 15.15.455. Risk-limiting audits. (a) In addition to the ballot counting 1
review conducted under AS 15.15.420 - 15.15.440, after each state election but before 2
the certification of the ballot counting review under AS 15.15.450, the director shall 3
conduct a risk-limiting audit of selected election results. The audit must be designed 4
using statistical methods to limit the risk of certification of an election result that is 5
inconsistent with the result that would be obtained by conducting a recount. 6
(b) The director shall adopt regulations necessary to implement and administer 7
(a) of this section. The regulations must include a procedure for selecting which 8
election results to audit and for notifying a candidate in a race subject to a risk-limiting 9
audit of the audit. In adopting regulations under this subsection, the director shall 10
consult recognized statistical experts, equipment vendors, and municipal clerks and 11
shall consider best practices for conducting risk-limiting audits. 12
(c) A candidate and an organization or organized group that sponsors or 13
opposes a ballot proposition or question seeking to protect the direct interests of the 14
candidate, organization, or organized group during a risk-limiting audit may provide, 15
at the candidate's, organization's, or organized group's own expense, one or more 16
observers to witness the audit. 17
* Sec. 16. AS 15.20.030 is amended to read: 18
Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 19
director shall provide ballots for use as absentee ballots in all districts. The director 20
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 21
and shall provide an envelope with the prescribed voter's certificate on it, in which the 22
secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the 23
form of and prepare the voter's certificate, envelopes, and other material used in 24
absentee voting. The voter's certificate shall include a declaration, for use when 25
required, that the voter is a qualified voter in all respects, a blank for the voter's 26
signature, and a space for recording the date that the voter executed the 27
certificate. An envelope may not identify a voter's party affiliation [, A 28
CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 29
MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 30
FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 31 33-LS0668\R
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RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 1
The envelope with the voter's certificate must include a notice that false statements 2
made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 3
certificate are punishable by law. 4
* Sec. 17. AS 15.20.072 is amended by adding a new subsection to read: 5
(h) If a voter satisfies the requirements of (d) of this section, the division may 6
not reject a voter's special needs ballot based on an error by an election official or 7
representative on the register under (c) of this section or an error by a representative 8
under (d) of this section. 9
* Sec. 18. AS 15.20.081(d) is amended to read: 10
(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 11
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 12
ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 13
OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 14
OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 15
proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 16
the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 17
envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 18
SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 19
DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 20
SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 21
SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 22
INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 23
A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 24
THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 25
THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 26
the statements in the voter's certification are true. 27
* Sec. 19. AS 15.20.203(b) is amended to read: 28
(b) An absentee ballot must be rejected [MAY NOT BE COUNTED] if 29
(1) the voter has failed to properly execute the certificate; 30
(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 31 33-LS0668\R
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TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 1
CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 2
AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 3
SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 4
VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 5
DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 6
UNDER AS 15.20.061(c); 7
(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 8
DATE OF THE ELECTION; 9
(4)] the ballot envelope and certificate, if delivered by mail after the 10
day of the election [POSTMARKED], 11
(A) is not postmarked or is postmarked after [ON OR 12
BEFORE] the date of the election; or 13
(B) is executed after the date of the election; 14
(3) [(5)] after the day of election, the ballot was delivered by a means 15
other than mail; or 16
(4) [OR (6)] the voter voted 17
(A) in person and is a 18
(i) first-time voter who initially registered by mail or by 19
facsimile or other electronic transmission approved by the director 20
under AS 15.07.050, has not provided the identification required by 21
AS 15.15.225(a), was not eligible for waiver of the identification 22
requirement under AS 15.15.225(b), and has not provided the 23
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 24
through state agency records described in AS 15.07.055(e); or 25
(ii) voter other than one described in (i) of this 26
subparagraph, did not provide identification described in 27
AS 15.15.225(a), was not personally known by the election official, 28
and has not provided the identifiers required in AS 15.07.060(a)(2) and 29
(3); or 30
(B) by mail or electronic transmission, is a first-time voter who 31 33-LS0668\R
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initially registered by mail or by facsimile or other electronic transmission 1
approved by the director under AS 15.07.050 to vote, has not met the 2
identification requirements set out in AS 15.07.060, and does not submit with 3
the ballot a copy of a 4
(i) driver's license, state identification card, current and 5
valid photo identification, birth certificate, passport, or hunting or 6
fishing license; or 7
(ii) current utility bill, bank statement, paycheck, 8
government check, or other government document; an item described 9
in this sub-subparagraph must show the name and current address of 10
the voter. 11
* Sec. 20. AS 15.20.220(b) is amended to read: 12
(b) The state review board shall review and count absentee ballots under 13
AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.221, and 14
questioned ballots that have been forwarded to the director and that have not been 15
reviewed or counted by a district counting board. 16
* Sec. 21. AS 15.20 is amended by adding a new section to read: 17
Sec. 15.20.221. Procedure for curing uncounted ballot. (a) If a voter's ballot 18
is rejected because the certificate is missing a signature or the voter provided 19
insufficient voter identification, the director shall immediately make a reasonable 20
effort to contact the voter, explain the ballot deficiency, explain how the deficiency 21
may be cured, and inform the voter of the deadline to cure the ballot. The director 22
shall, within 24 hours, send a notice of deficiency by electronic mail to the voter's 23
electronic mail address if the voter has provided an electronic mail address. If the 24
voter has provided a telephone number, the director shall, within 24 hours, attempt to 25
notify the voter of the deficiency by telephone call and text message. The director 26
shall, within 48 hours, but not later than five days after election day, send a notice of 27
deficiency by first class, nonforwardable mail to the address in the voter's registration 28
record. 29
(b) A notice of deficiency must include a form for the voter to confirm that the 30
voter returned a ballot to the division, provide a copy of a form of identification 31 33-LS0668\R
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accepted by the division under AS 15.15.225(a), and provide a signature. The director 1
shall provide a printed copy of the form with the notice of deficiency mailed to the 2
voter. The director shall also make the form available in a format that can be 3
completed and returned electronically. 4
(c) The rejected ballot of a voter who received a notice of deficiency may be 5
counted only if 6
(1) the voter returns the completed form sent with the notice of 7
deficiency, the division receives the form within 14 days after election day, and the 8
form confirms that the voter returned a ballot to the division; 9
(2) the voter provides a signature and includes a copy of a form of 10
identification accepted by the division under AS 15.15.225(a); and 11
(3) the ballot is otherwise valid. 12
(d) A voter's rejected ballot may not be counted and the director shall, if 13
applicable, send copies of the signature on the voter's return envelope to the attorney 14
general for investigation if the voter returns the form and the form indicates that the 15
voter did not return a ballot to the division. 16
* Sec. 22. AS 15.80 is amended by adding a new section to read: 17
Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 18
cybersecurity program to defend the voter registration records kept by the division 19
against cyber attacks and data breaches and enable the division to detect and recover 20
from cyber attacks. The program must include cybersecurity training for election 21
officials. 22
* Sec. 23. AS 15.80 is amended by adding a new section to read: 23
Sec. 15.80.009. Deepfake disclosure requirement. (a) A person may not 24
make or retain the services of another to make an election-related communication that 25
the person knows or reasonably should know includes a deepfake relating to a 26
candidate or proposition without including the following disclosure statement with the 27
election-related communication: "This communication has been manipulated or 28
generated by artificial intelligence or by another means." If the election-related 29
communication includes a print or video component, the statement must be placed in 30
the election-related communication so the statement is easily discernible, and, for a
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broadcast, cable, satellite, Internet, or other digital communication, the statement must 1
remain onscreen throughout the entirety of the election-related communication. In an 2
election-related communication that consists only of audio, the statement must be read 3
(1) at the beginning of the audio, at the end of the audio, and, if the 4
audio is longer than two minutes in duration, at least once every two minutes during 5
the audio; and 6
(2) in a manner that is easily heard. 7
(b) A person may not remove the disclosure statement described in (a) of this 8
section from an election-related communication that the person knows or reasonably 9
should know includes a deepfake. 10
(c) A person who violates (a) or (b) of this section is liable to a candidate or 11
proposition group for damages suffered as a result of the violation, full reasonable 12
attorney fees, and costs. 13
(d) A candidate or proposition group suffering damages as a result of an 14
election-related communication made in violation of (a) of this section, or the removal 15
of the disclosure statement from an election-related communication in violation of (b) 16
of this section, may bring an action for damages under (c) of this section, or for 17
injunctive relief to prohibit dissemination of the election-related communication. 18
(e) This section does not apply to 19
(1) a deepfake that constitutes satire or parody; 20
(2) a deepfake broadcast by a radio, television, cable, or satellite 21
provider as part of a newscast, news interview, news documentary, or on-the-spot 22
coverage of a news event, if the broadcast clearly acknowledges, through content or 23
disclosure, in a manner easily heard or read by the average listener or viewer, that 24
there are questions about the authenticity of the deepfake; 25
(3) a person who is paid to broadcast an election-related 26
communication made by another person. 27
(f) In this section, 28
(1) "deepfake" means an image, audio recording, or video recording of 29
an individual's appearance, conduct, or spoken words that has been created or 30
manipulated with machine learning, natural language processing, or another 31 33-LS0668\R
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computational processing technique in a manner to create a realistic but false image, 1
audio, or video that 2
(A) appears to a reasonable person to depict a real individual 3
saying or doing something that did not actually occur; or 4
(B) provides a fundamentally different understanding or 5
impression of an individual's appearance, conduct, or spoken words than the 6
understanding a reasonable person would have from an unaltered, original 7
version of the media; 8
(2) "election-related communication" means a communication that 9
(A) directly or indirectly identifies a candidate or proposition; 10
and 11
(B) is disseminated to an audience that includes voters who will 12
have the opportunity to vote on the candidate or proposition identified in the 13
communication; 14
(3) "proposition" has the meaning given in AS 15.13.065(c); 15
(4) "proposition group" means a person registered with the Alaska 16
Public Offices Commission to make expenditures in support of or in opposition to a 17
proposition under AS 15.13.050. 18
* Sec. 24. AS 24.60.080 is amended by adding a new subsection to read: 19
(l) A contribution toward a legal fund under AS 24.60.111 controlled by a 20
legislator is not a gift to the legislator if reported under AS 24.60.111. 21
* Sec. 25. AS 24.60 is amended by adding a new section to read: 22
Sec. 24.60.111. Legal funds. (a) A legislator may establish a legal fund to pay 23
attorney fees and costs incurred in an election contest, a challenge to the legislator's 24
eligibility to serve, a vote count, a review of absentee, special needs, or questioned 25
ballots, or a recount appeal. 26
(b) Notwithstanding AS 15.13, a legislator may at any time solicit and accept 27
contributions to a legal fund established under this section. The Alaska Public Offices 28
Commission shall adopt regulations 29
(1) relating to establishing a fund under this section; 30
(2) identifying allowable uses of money in and the disposition of 31 33-LS0668\R
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surplus money from a fund under this section; and 1
(3) requiring disclosure of contributions to and expenditures from a 2
fund under this section. 3
(c) A contribution to a fund established under this section is not subject to the 4
restrictions under AS 24.60.031 or 24.60.080. 5
(d) An individual required to register as a lobbyist under AS 24.45 may not 6
make a contribution to a legal fund under this section at any time the individual is 7
subject to the registration requirement under AS 24.45 and for one year after the date 8
of the individual's initial registration or its renewal. However, the individual may 9
make a contribution under this section to a legislator for a district in which the 10
individual is eligible to vote. An individual who is subject to the restrictions of this 11
subsection shall report to the Alaska Public Offices Commission, on a form provided 12
by the commission, each contribution made while required to register as a lobbyist 13
under AS 24.45. Upon request of the commission, the information required under this 14
subsection shall be submitted electronically. This subsection does not apply to a 15
representational lobbyist as defined in regulation by the commission. 16
* Sec. 26. AS 29.26.050 is amended by adding a new subsection to read: 17
(d) Except as a municipality may require for elections held only in specific 18
local election districts or service areas under (b) of this section, a person who has lived 19
within the municipality for at least 30 days, but who has not registered to vote in state 20
elections at a residence address within the municipality at least 30 days before a 21
municipal election, may vote only an absentee, special needs, or questioned ballot in 22
that election. The municipality may not reject the absentee, special needs, or 23
questioned ballot of a qualified voter who registers within 30 days before or on the day 24
of an election on the grounds that the voter is not on the official registration list for the 25
election. 26
* Sec. 27. This Act takes effect July 1, 2024. 27