44 | | - | register maintained under AS 15.07.120 and shall send, by forwardable 1 |
---|
45 | | - | [NONFORWARDABLE] mail to the voter's registration mailing address, and to the 2 |
---|
46 | | - | voter's electronic mail address, if available, a notice requesting address 3 |
---|
47 | | - | confirmation or correction. The notice must explain that the voter's registration 4 |
---|
48 | | - | will be inactivated unless the voter responds to the notice within 45 days after the 5 |
---|
49 | | - | date the notice is sent. The director shall send the notice to each voter 6 |
---|
50 | | - | (1) whose mail from the division has been returned to the division in 7 |
---|
51 | | - | the two years immediately preceding the examination of the register; 8 |
---|
52 | | - | (2) who has not contacted the division in the two years immediately 9 |
---|
53 | | - | preceding the examination of the register and [; OR (3)] who has not voted or 10 |
---|
54 | | - | appeared to vote in the two general elections immediately preceding the examination 11 |
---|
55 | | - | of the register; or 12 |
---|
56 | | - | (3) who the division has learned, after registering to vote in this 13 |
---|
57 | | - | state and in the two years immediately preceding the examination of the register, 14 |
---|
58 | | - | has 15 |
---|
59 | | - | (A) registered to vote in another state; 16 |
---|
60 | | - | (B) received a driver's license from another state; 17 |
---|
61 | | - | (C) served on a jury in another state; 18 |
---|
62 | | - | (D) received benefits under a claim of residency in another 19 |
---|
63 | | - | state, territory, or country; or 20 |
---|
64 | | - | (E) established residence in another state, territory, or 21 |
---|
65 | | - | country. 22 |
---|
66 | | - | * Sec. 3. AS 15.07.130(b) is amended to read: 23 |
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67 | | - | (b) If a registered voter does [HAS] not respond to a notice sent under (a) of 24 |
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68 | | - | this section within 45 days after the date the notice is sent, the director shall 25 |
---|
69 | | - | inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 26 |
---|
70 | | - | CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 27 |
---|
71 | | - | VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 28 |
---|
72 | | - | BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 29 |
---|
73 | | - | FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 30 |
---|
74 | | - | OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 31 33-LS0668\Y.A |
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75 | | - | HB0129F -3- SCS CSHB 129(FIN) am S |
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| 44 | + | voter's electronic mail address, if available, a notice requesting address 1 |
---|
| 45 | + | confirmation or correction. The notice must explain that the voter's registration 2 |
---|
| 46 | + | will be inactivated unless the voter responds to the notice within 45 days after the 3 |
---|
| 47 | + | date the notice is sent. The director shall send the notice to each voter 4 |
---|
| 48 | + | (1) whose mail from the division has been returned to the division in 5 |
---|
| 49 | + | the two years immediately preceding the examination of the register; 6 |
---|
| 50 | + | (2) who has not contacted the division in the two years immediately 7 |
---|
| 51 | + | preceding the examination of the register and [; OR (3)] who has not voted or 8 |
---|
| 52 | + | appeared to vote in the two general elections immediately preceding the examination 9 |
---|
| 53 | + | of the register; or 10 |
---|
| 54 | + | (3) who the division has learned, after registering to vote in this 11 |
---|
| 55 | + | state and in the two years immediately preceding the examination of the register, 12 |
---|
| 56 | + | has 13 |
---|
| 57 | + | (A) registered to vote in another state; 14 |
---|
| 58 | + | (B) received a driver's license from another state; 15 |
---|
| 59 | + | (C) served on a jury in another state; 16 |
---|
| 60 | + | (D) received benefits under a claim of residency in another 17 |
---|
| 61 | + | state, territory, or country; or 18 |
---|
| 62 | + | (E) established residence in another state, territory, or 19 |
---|
| 63 | + | country. 20 |
---|
| 64 | + | * Sec. 3. AS 15.07.130(b) is amended to read: 21 |
---|
| 65 | + | (b) If a registered voter does [HAS] not respond to a notice sent under (a) of 22 |
---|
| 66 | + | this section within 45 days after the date the notice is sent, the director shall 23 |
---|
| 67 | + | inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 24 |
---|
| 68 | + | CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 25 |
---|
| 69 | + | VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 26 |
---|
| 70 | + | BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 27 |
---|
| 71 | + | FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 28 |
---|
| 72 | + | OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 29 |
---|
| 73 | + | SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 30 |
---|
| 74 | + | VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 31 33-LS0668\Y |
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| 75 | + | -3- SCS CSHB 129(FIN) |
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78 | | - | SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 1 |
---|
79 | | - | VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 2 |
---|
80 | | - | INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 3 |
---|
81 | | - | LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 4 |
---|
82 | | - | THIS SECTION]. The director shall maintain on the master register the name of a 5 |
---|
83 | | - | voter whose registration is inactivated. The director shall cancel a voter's inactive 6 |
---|
84 | | - | registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, 7 |
---|
85 | | - | National Voter Registration Act of 1993) after the second general election that occurs 8 |
---|
86 | | - | after the registration becomes inactive if the voter does not contact the division or vote 9 |
---|
87 | | - | or appear to vote. 10 |
---|
88 | | - | * Sec. 4. AS 15.07.130(d) is amended to read: 11 |
---|
89 | | - | (d) The notice sent under (a) [(b)] of this section must include a postage 12 |
---|
90 | | - | prepaid and pre-addressed return card on which the voter may state the voter's current 13 |
---|
91 | | - | address. The notice must indicate 14 |
---|
92 | | - | (1) that the voter should return the card not later than 45 days after the 15 |
---|
93 | | - | date of the notice if the voter did not change residence; 16 |
---|
94 | | - | (2) that failure to return the card by the 45-day deadline could result in 17 |
---|
95 | | - | removal of the voter's name from the official registration list for a subsequent election; 18 |
---|
96 | | - | (3) that the voter's registration will be cancelled if the voter does not 19 |
---|
97 | | - | contact the division during, or vote or appear to vote in an election held during, the 20 |
---|
98 | | - | period beginning on the date of the notice and ending on the day after the last day of 21 |
---|
99 | | - | the fourth calendar year that occurs after the date of notice; and 22 |
---|
100 | | - | (4) how the voter can continue to be eligible to vote if the voter has 23 |
---|
101 | | - | changed residence. 24 |
---|
102 | | - | * Sec. 5. AS 15.07.130 is amended by adding new subsections to read: 25 |
---|
103 | | - | (g) The division shall adopt regulations providing for regular review and 26 |
---|
104 | | - | updates of the master register. The regulations must provide for review of the register 27 |
---|
105 | | - | for data breaches, the number of registered voters compared to persons eligible to vote 28 |
---|
106 | | - | in the state, and the names of deceased voters, persons convicted of a felony involving 29 |
---|
107 | | - | moral turpitude, persons not qualified to vote under AS 15.05, and persons registered 30 |
---|
108 | | - | to vote in another state. The regulations may specify records and databases for use in 31 33-LS0668\Y.A |
---|
109 | | - | SCS CSHB 129(FIN) am S -4- HB0129F |
---|
| 78 | + | INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 1 |
---|
| 79 | + | LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 2 |
---|
| 80 | + | THIS SECTION]. The director shall maintain on the master register the name of a 3 |
---|
| 81 | + | voter whose registration is inactivated. The director shall cancel a voter's inactive 4 |
---|
| 82 | + | registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, 5 |
---|
| 83 | + | National Voter Registration Act of 1993) after the second general election that occurs 6 |
---|
| 84 | + | after the registration becomes inactive if the voter does not contact the division or vote 7 |
---|
| 85 | + | or appear to vote. 8 |
---|
| 86 | + | * Sec. 4. AS 15.07.130(d) is amended to read: 9 |
---|
| 87 | + | (d) The notice sent under (a) [(b)] of this section must include a postage 10 |
---|
| 88 | + | prepaid and pre-addressed return card on which the voter may state the voter's current 11 |
---|
| 89 | + | address. The notice must indicate 12 |
---|
| 90 | + | (1) that the voter should return the card not later than 45 days after the 13 |
---|
| 91 | + | date of the notice if the voter did not change residence; 14 |
---|
| 92 | + | (2) that failure to return the card by the 45-day deadline could result in 15 |
---|
| 93 | + | removal of the voter's name from the official registration list for a subsequent election; 16 |
---|
| 94 | + | (3) that the voter's registration will be cancelled if the voter does not 17 |
---|
| 95 | + | contact the division during, or vote or appear to vote in an election held during, the 18 |
---|
| 96 | + | period beginning on the date of the notice and ending on the day after the last day of 19 |
---|
| 97 | + | the fourth calendar year that occurs after the date of notice; and 20 |
---|
| 98 | + | (4) how the voter can continue to be eligible to vote if the voter has 21 |
---|
| 99 | + | changed residence. 22 |
---|
| 100 | + | * Sec. 5. AS 15.07.130 is amended by adding new subsections to read: 23 |
---|
| 101 | + | (g) The division shall adopt regulations providing for regular review and 24 |
---|
| 102 | + | updates of the master register. The regulations must provide for review of the register 25 |
---|
| 103 | + | for data breaches, the number of registered voters compared to persons eligible to vote 26 |
---|
| 104 | + | in the state, and the names of deceased voters, persons convicted of a felony involving 27 |
---|
| 105 | + | moral turpitude, persons not qualified to vote under AS 15.05, and persons registered 28 |
---|
| 106 | + | to vote in another state. The regulations may specify records and databases for use in 29 |
---|
| 107 | + | reviewing the master register; the records and databases may include databases 30 |
---|
| 108 | + | sourced from governmental agencies outside the division, including the United States 31 33-LS0668\Y |
---|
| 109 | + | SCS CSHB 129(FIN) -4- |
---|
112 | | - | reviewing the master register; the records and databases may include databases 1 |
---|
113 | | - | sourced from governmental agencies outside the division, including the United States 2 |
---|
114 | | - | Postal Service national change of address database, the database of permanent fund 3 |
---|
115 | | - | dividend recipients, Alaska Court System databases, state motor vehicle records, 4 |
---|
116 | | - | records of the state programs of corrections, property and sales tax records, records of 5 |
---|
117 | | - | the federal social security system, municipal assessor databases, the United States 6 |
---|
118 | | - | Social Security Administration death index, an alien database maintained by the 7 |
---|
119 | | - | United States Department of Homeland Security, and jury duty records from other 8 |
---|
120 | | - | jurisdictions. The director may compare the master register to state welfare and public 9 |
---|
121 | | - | assistance agency databases to identify information relevant to registration to vote in 10 |
---|
122 | | - | state elections, including address changes, deaths, and citizenship status, and shall 11 |
---|
123 | | - | review the number of voters registered at each registration address to identify 12 |
---|
124 | | - | anomalous registration totals. 13 |
---|
125 | | - | (h) The director shall adopt a best practice voter registration system to 14 |
---|
126 | | - | improve identity matching when comparing the master register with the records and 15 |
---|
127 | | - | databases used to review the master register. The director shall develop a written 16 |
---|
128 | | - | maintenance schedule and guideline manual for the system and provide a report on the 17 |
---|
129 | | - | system to the senate secretary and the chief clerk of the house of representatives on or 18 |
---|
130 | | - | before the first day of the first regular session of each legislature and shall notify the 19 |
---|
131 | | - | legislature that the report is available. 20 |
---|
132 | | - | (i) The director shall, in a notice sent under (a) of this section, inform a voter 21 |
---|
133 | | - | of the criteria to qualify as a voter and the penalties for voter misconduct. 22 |
---|
134 | | - | * Sec. 6. AS 15.07 is amended by adding a new section to read: 23 |
---|
135 | | - | Sec. 15.07.133. Process to cancel registration. The director shall develop a 24 |
---|
136 | | - | process to allow a voter to cancel the voter's registration in person before an election 25 |
---|
137 | | - | official or electronically. The director shall prominently display instructions for a 26 |
---|
138 | | - | voter to cancel the voter's registration at each polling place. 27 |
---|
139 | | - | * Sec. 7. AS 15.07.195 is amended by adding a new subsection to read: 28 |
---|
140 | | - | (e) Unless disclosure of information related to a data breach of information 29 |
---|
141 | | - | made confidential by this section would compromise a criminal investigation, the 30 |
---|
142 | | - | director shall, not less than 30 days after discovering the breach, publish notice of the 31 33-LS0668\Y.A |
---|
143 | | - | HB0129F -5- SCS CSHB 129(FIN) am S |
---|
| 112 | + | Postal Service national change of address database, the database of permanent fund 1 |
---|
| 113 | + | dividend recipients, Alaska Court System databases, state motor vehicle records, 2 |
---|
| 114 | + | records of the state programs of corrections, property and sales tax records, records of 3 |
---|
| 115 | + | the federal social security system, municipal assessor databases, the United States 4 |
---|
| 116 | + | Social Security Administration death index, an alien database maintained by the 5 |
---|
| 117 | + | United States Department of Homeland Security, and jury duty records from other 6 |
---|
| 118 | + | jurisdictions. The director may compare the master register to state welfare and public 7 |
---|
| 119 | + | assistance agency databases to identify information relevant to registration to vote in 8 |
---|
| 120 | + | state elections, including address changes, deaths, and citizenship status, and shall 9 |
---|
| 121 | + | review the number of voters registered at each registration address to identify 10 |
---|
| 122 | + | anomalous registration totals. 11 |
---|
| 123 | + | (h) The director shall adopt a best practice voter registration system to 12 |
---|
| 124 | + | improve identity matching when comparing the master register with the records and 13 |
---|
| 125 | + | databases used to review the master register. The director shall develop a written 14 |
---|
| 126 | + | maintenance schedule and guideline manual for the system and provide a report on the 15 |
---|
| 127 | + | system to the senate secretary and the chief clerk of the house of representatives on or 16 |
---|
| 128 | + | before the first day of the first regular session of each legislature and shall notify the 17 |
---|
| 129 | + | legislature that the report is available. 18 |
---|
| 130 | + | (i) The director shall, in a notice sent under (a) of this section, inform a voter 19 |
---|
| 131 | + | of the criteria to qualify as a voter and the penalties for voter misconduct. 20 |
---|
| 132 | + | * Sec. 6. AS 15.07 is amended by adding a new section to read: 21 |
---|
| 133 | + | Sec. 15.07.133. Process to cancel registration. The director shall develop a 22 |
---|
| 134 | + | process to allow a voter to cancel the voter's registration in person before an election 23 |
---|
| 135 | + | official or electronically. The director shall prominently display instructions for a 24 |
---|
| 136 | + | voter to cancel the voter's registration at each polling place. 25 |
---|
| 137 | + | * Sec. 7. AS 15.07.195 is amended by adding a new subsection to read: 26 |
---|
| 138 | + | (e) Unless disclosure of information related to a data breach of information 27 |
---|
| 139 | + | made confidential by this section would compromise a criminal investigation, the 28 |
---|
| 140 | + | director shall, not less than 30 days after discovering the breach, publish notice of the 29 |
---|
| 141 | + | nature and severity of the breach on the division's Internet website and report the 30 |
---|
| 142 | + | details of the breach to the president of the senate and the speaker of the house of 31 33-LS0668\Y |
---|
| 143 | + | -5- SCS CSHB 129(FIN) |
---|
146 | | - | nature and severity of the breach on the division's Internet website and report the 1 |
---|
147 | | - | details of the breach to the president of the senate and the speaker of the house of 2 |
---|
148 | | - | representatives. 3 |
---|
149 | | - | * Sec. 8. AS 15.13.116(a) is amended to read: 4 |
---|
150 | | - | (a) A candidate who, after the date of the general, special, municipal, or 5 |
---|
151 | | - | municipal runoff election or after the date the candidate withdraws as a candidate, 6 |
---|
152 | | - | whichever comes first, holds unused campaign contributions shall distribute the 7 |
---|
153 | | - | amount held on February 1 for a general election or within 90 days after a special 8 |
---|
154 | | - | election. The distribution may only be made to 9 |
---|
155 | | - | (1) pay bills incurred for expenditures reasonably related to the 10 |
---|
156 | | - | campaign and the winding up of the affairs of the campaign, including a victory or 11 |
---|
157 | | - | thank you party, thank you advertisements, and thank you gifts to campaign 12 |
---|
158 | | - | employees and volunteers, and to pay expenditures associated with post-election fund 13 |
---|
159 | | - | raising that may be needed to raise funds to pay off campaign debts; 14 |
---|
160 | | - | (2) make donations, without condition, to 15 |
---|
161 | | - | (A) a political party; 16 |
---|
162 | | - | (B) the state's general fund; 17 |
---|
163 | | - | (C) a municipality of the state; or 18 |
---|
164 | | - | (D) the federal government; 19 |
---|
165 | | - | (3) make donations, without condition, to organizations qualified as 20 |
---|
166 | | - | charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled 21 |
---|
167 | | - | by the candidate or a member of the candidate's immediate family; 22 |
---|
168 | | - | (4) repay loans from the candidate to the candidate's own campaign 23 |
---|
169 | | - | under AS 15.13.078(b); 24 |
---|
170 | | - | (5) repay contributions to contributors, but only if repayment of the 25 |
---|
171 | | - | contribution is made pro rata in approximate proportion to the contributions made 26 |
---|
172 | | - | using one of the following, as the candidate determines: 27 |
---|
173 | | - | (A) to all contributors; 28 |
---|
174 | | - | (B) to contributors who have contributed most recently; or 29 |
---|
175 | | - | (C) to contributors who have made larger contributions; 30 |
---|
176 | | - | (6) a legal fund established under AS 15.13.118 [ESTABLISH A 31 33-LS0668\Y.A |
---|
177 | | - | SCS CSHB 129(FIN) am S -6- HB0129F |
---|
| 146 | + | representatives. 1 |
---|
| 147 | + | * Sec. 8. AS 15.13.116(a) is amended to read: 2 |
---|
| 148 | + | (a) A candidate who, after the date of the general, special, municipal, or 3 |
---|
| 149 | + | municipal runoff election or after the date the candidate withdraws as a candidate, 4 |
---|
| 150 | + | whichever comes first, holds unused campaign contributions shall distribute the 5 |
---|
| 151 | + | amount held on February 1 for a general election or within 90 days after a special 6 |
---|
| 152 | + | election. The distribution may only be made to 7 |
---|
| 153 | + | (1) pay bills incurred for expenditures reasonably related to the 8 |
---|
| 154 | + | campaign and the winding up of the affairs of the campaign, including a victory or 9 |
---|
| 155 | + | thank you party, thank you advertisements, and thank you gifts to campaign 10 |
---|
| 156 | + | employees and volunteers, and to pay expenditures associated with post-election fund 11 |
---|
| 157 | + | raising that may be needed to raise funds to pay off campaign debts; 12 |
---|
| 158 | + | (2) make donations, without condition, to 13 |
---|
| 159 | + | (A) a political party; 14 |
---|
| 160 | + | (B) the state's general fund; 15 |
---|
| 161 | + | (C) a municipality of the state; or 16 |
---|
| 162 | + | (D) the federal government; 17 |
---|
| 163 | + | (3) make donations, without condition, to organizations qualified as 18 |
---|
| 164 | + | charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled 19 |
---|
| 165 | + | by the candidate or a member of the candidate's immediate family; 20 |
---|
| 166 | + | (4) repay loans from the candidate to the candidate's own campaign 21 |
---|
| 167 | + | under AS 15.13.078(b); 22 |
---|
| 168 | + | (5) repay contributions to contributors, but only if repayment of the 23 |
---|
| 169 | + | contribution is made pro rata in approximate proportion to the contributions made 24 |
---|
| 170 | + | using one of the following, as the candidate determines: 25 |
---|
| 171 | + | (A) to all contributors; 26 |
---|
| 172 | + | (B) to contributors who have contributed most recently; or 27 |
---|
| 173 | + | (C) to contributors who have made larger contributions; 28 |
---|
| 174 | + | (6) a legal fund established under AS 15.13.118 [ESTABLISH A 29 |
---|
| 175 | + | FUND FOR, AND FROM THAT FUND TO PAY, ATTORNEY FEES OR COSTS 30 |
---|
| 176 | + | INCURRED IN THE PROSECUTION OR DEFENSE OF AN ADMINISTRATIVE 31 33-LS0668\Y |
---|
| 177 | + | SCS CSHB 129(FIN) -6- |
---|
180 | | - | FUND FOR, AND FROM THAT FUND TO PAY, ATTORNEY FEES OR COSTS 1 |
---|
181 | | - | INCURRED IN THE PROSECUTION OR DEFENSE OF AN ADMINISTRATIVE 2 |
---|
182 | | - | OR CIVIL JUDICIAL ACTION THAT DIRECTLY CONCERNS A CHALLENGE 3 |
---|
183 | | - | TO THE VICTORY OR DEFEAT OF THE CANDIDATE IN THE ELECTION]; 4 |
---|
184 | | - | (7) transfer all or a portion of the unused campaign contributions to an 5 |
---|
185 | | - | account for a future election campaign; a transfer under this paragraph is limited to 6 |
---|
186 | | - | (A) $50,000, if the transfer is made by a candidate for governor 7 |
---|
187 | | - | or lieutenant governor; 8 |
---|
188 | | - | (B) $10,000, if the transfer is made by a candidate for the state 9 |
---|
189 | | - | senate; 10 |
---|
190 | | - | (C) $5,000, if the transfer is made by a candidate for the state 11 |
---|
191 | | - | house of representatives; and 12 |
---|
192 | | - | (D) $5,000, if the transfer is made by a candidate for an office 13 |
---|
193 | | - | not described in (A) - (C) of this paragraph; 14 |
---|
194 | | - | (8) transfer all or a portion of the unused campaign contributions to a 15 |
---|
195 | | - | public office expense term account; a transfer under this paragraph is subject to the 16 |
---|
196 | | - | following: 17 |
---|
197 | | - | (A) the authority to transfer is limited to candidates who are 18 |
---|
198 | | - | elected to the state legislature; 19 |
---|
199 | | - | (B) the public office expense term account established under 20 |
---|
200 | | - | this paragraph may be used only for expenses associated with the candidate's 21 |
---|
201 | | - | serving as a member of the legislature; 22 |
---|
202 | | - | (C) all amounts expended from the public office expense term 23 |
---|
203 | | - | account shall be annually accounted for under AS 15.13.110(a)(4); 24 |
---|
204 | | - | (D) a transfer under this paragraph is limited to $5,000 25 |
---|
205 | | - | multiplied by the number of years in the term to which the candidate is elected 26 |
---|
206 | | - | plus any accumulated interest; and 27 |
---|
207 | | - | (E) unused campaign contributions transferred under this 28 |
---|
208 | | - | paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 29 |
---|
209 | | - | at the end of the term of office immediately following the campaign for which 30 |
---|
210 | | - | the contributions were received; and 31 33-LS0668\Y.A |
---|
211 | | - | HB0129F -7- SCS CSHB 129(FIN) am S |
---|
| 180 | + | OR CIVIL JUDICIAL ACTION THAT DIRECTLY CONCERNS A CHALLENGE 1 |
---|
| 181 | + | TO THE VICTORY OR DEFEAT OF THE CANDIDATE IN THE ELECTION]; 2 |
---|
| 182 | + | (7) transfer all or a portion of the unused campaign contributions to an 3 |
---|
| 183 | + | account for a future election campaign; a transfer under this paragraph is limited to 4 |
---|
| 184 | + | (A) $50,000, if the transfer is made by a candidate for governor 5 |
---|
| 185 | + | or lieutenant governor; 6 |
---|
| 186 | + | (B) $10,000, if the transfer is made by a candidate for the state 7 |
---|
| 187 | + | senate; 8 |
---|
| 188 | + | (C) $5,000, if the transfer is made by a candidate for the state 9 |
---|
| 189 | + | house of representatives; and 10 |
---|
| 190 | + | (D) $5,000, if the transfer is made by a candidate for an office 11 |
---|
| 191 | + | not described in (A) - (C) of this paragraph; 12 |
---|
| 192 | + | (8) transfer all or a portion of the unused campaign contributions to a 13 |
---|
| 193 | + | public office expense term account; a transfer under this paragraph is subject to the 14 |
---|
| 194 | + | following: 15 |
---|
| 195 | + | (A) the authority to transfer is limited to candidates who are 16 |
---|
| 196 | + | elected to the state legislature; 17 |
---|
| 197 | + | (B) the public office expense term account established under 18 |
---|
| 198 | + | this paragraph may be used only for expenses associated with the candidate's 19 |
---|
| 199 | + | serving as a member of the legislature; 20 |
---|
| 200 | + | (C) all amounts expended from the public office expense term 21 |
---|
| 201 | + | account shall be annually accounted for under AS 15.13.110(a)(4); 22 |
---|
| 202 | + | (D) a transfer under this paragraph is limited to $5,000 23 |
---|
| 203 | + | multiplied by the number of years in the term to which the candidate is elected 24 |
---|
| 204 | + | plus any accumulated interest; and 25 |
---|
| 205 | + | (E) unused campaign contributions transferred under this 26 |
---|
| 206 | + | paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 27 |
---|
| 207 | + | at the end of the term of office immediately following the campaign for which 28 |
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| 208 | + | the contributions were received; and 29 |
---|
| 209 | + | (9) transfer all or a portion of the unused campaign contributions to a 30 |
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| 210 | + | municipal office account; a transfer under this paragraph is subject to the following: 31 33-LS0668\Y |
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| 211 | + | -7- SCS CSHB 129(FIN) |
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214 | | - | (9) transfer all or a portion of the unused campaign contributions to a 1 |
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215 | | - | municipal office account; a transfer under this paragraph is subject to the following: 2 |
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216 | | - | (A) the authority to transfer is limited to candidates who are 3 |
---|
217 | | - | elected to municipal office, including a municipal school board; 4 |
---|
218 | | - | (B) the municipal office account established under this 5 |
---|
219 | | - | paragraph may be used only for expenses associated with the candidate's 6 |
---|
220 | | - | serving as mayor or as a member of the assembly, city council, or school 7 |
---|
221 | | - | board; 8 |
---|
222 | | - | (C) all amounts expended from the municipal office account 9 |
---|
223 | | - | shall be annually accounted for under AS 15.13.110(a)(4); 10 |
---|
224 | | - | (D) a transfer under this paragraph is limited to $5,000; and 11 |
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225 | | - | (E) unused campaign contributions transferred under this 12 |
---|
226 | | - | paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 13 |
---|
227 | | - | at the end of the term of office immediately following the campaign for which 14 |
---|
228 | | - | the contributions were received. 15 |
---|
229 | | - | * Sec. 9. AS 15.13 is amended by adding a new section to read: 16 |
---|
230 | | - | Sec. 15.13.118. Legal funds. (a) A candidate for office in an election may 17 |
---|
231 | | - | establish a legal fund to pay attorney fees and costs incurred in connection with a 18 |
---|
232 | | - | recount of votes for that office under AS 15.20.510 or an election contest under 19 |
---|
233 | | - | AS 15.20.540 relating to that office. 20 |
---|
234 | | - | (b) Notwithstanding AS 15.13.074(c), a candidate may, after the election, 21 |
---|
235 | | - | accept donations to a legal fund. Donations to and payments from the legal fund must 22 |
---|
236 | | - | be reported to the commission in the manner prescribed by the commission. 23 |
---|
237 | | - | (c) The balance remaining in a legal fund after allowable attorney fees and 24 |
---|
238 | | - | costs under (a) of this section have been paid must be disposed of as provided in 25 |
---|
239 | | - | AS 15.13.116(a)(2)(A) or (3). A candidate may not transfer unused donations under 26 |
---|
240 | | - | this section to an account for a future election campaign. 27 |
---|
241 | | - | * Sec. 10. AS 15.13.390(a) is amended to read: 28 |
---|
242 | | - | (a) A person who 29 |
---|
243 | | - | (1) fails to register when required by AS 15.13.050(a), fails to report 30 |
---|
244 | | - | donations and payments when required under AS 15.13.118(b), or who fails to file 31 33-LS0668\Y.A |
---|
245 | | - | SCS CSHB 129(FIN) am S -8- HB0129F |
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| 214 | + | (A) the authority to transfer is limited to candidates who are 1 |
---|
| 215 | + | elected to municipal office, including a municipal school board; 2 |
---|
| 216 | + | (B) the municipal office account established under this 3 |
---|
| 217 | + | paragraph may be used only for expenses associated with the candidate's 4 |
---|
| 218 | + | serving as mayor or as a member of the assembly, city council, or school 5 |
---|
| 219 | + | board; 6 |
---|
| 220 | + | (C) all amounts expended from the municipal office account 7 |
---|
| 221 | + | shall be annually accounted for under AS 15.13.110(a)(4); 8 |
---|
| 222 | + | (D) a transfer under this paragraph is limited to $5,000; and 9 |
---|
| 223 | + | (E) unused campaign contributions transferred under this 10 |
---|
| 224 | + | paragraph must be disposed of as provided in (2), (3), or (5) of this subsection 11 |
---|
| 225 | + | at the end of the term of office immediately following the campaign for which 12 |
---|
| 226 | + | the contributions were received. 13 |
---|
| 227 | + | * Sec. 9. AS 15.13 is amended by adding a new section to read: 14 |
---|
| 228 | + | Sec. 15.13.118. Legal funds. (a) A candidate for office in an election may 15 |
---|
| 229 | + | establish a legal fund to pay attorney fees and costs incurred in connection with a 16 |
---|
| 230 | + | recount of votes for that office under AS 15.20.510 or an election contest under 17 |
---|
| 231 | + | AS 15.20.540 relating to that office. 18 |
---|
| 232 | + | (b) Notwithstanding AS 15.13.074(c), a candidate may, after the election, 19 |
---|
| 233 | + | accept donations to a legal fund. Donations to and payments from the legal fund must 20 |
---|
| 234 | + | be reported to the commission in the manner prescribed by the commission. 21 |
---|
| 235 | + | (c) The balance remaining in a legal fund after allowable attorney fees and 22 |
---|
| 236 | + | costs under (a) of this section have been paid must be disposed of as provided in 23 |
---|
| 237 | + | AS 15.13.116(a)(2)(A) or (3). A candidate may not transfer unused donations under 24 |
---|
| 238 | + | this section to an account for a future election campaign. 25 |
---|
| 239 | + | * Sec. 10. AS 15.13.390(a) is amended to read: 26 |
---|
| 240 | + | (a) A person who 27 |
---|
| 241 | + | (1) fails to register when required by AS 15.13.050(a), fails to report 28 |
---|
| 242 | + | donations and payments when required under AS 15.13.118(b), or who fails to file 29 |
---|
| 243 | + | a properly completed and certified report within the time required by AS 15.13.040, 30 |
---|
| 244 | + | 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of 31 33-LS0668\Y |
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| 245 | + | SCS CSHB 129(FIN) -8- |
---|
248 | | - | a properly completed and certified report within the time required by AS 15.13.040, 1 |
---|
249 | | - | 15.13.060(b) - (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of 2 |
---|
250 | | - | not more than $50 a day for each day the delinquency continues as determined by the 3 |
---|
251 | | - | commission subject to right of appeal to the superior court. A person who fails to file a 4 |
---|
252 | | - | properly completed and certified report within the time required by 5 |
---|
253 | | - | AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 6 |
---|
254 | | - | a day for each day the delinquency continues as determined by the commission subject 7 |
---|
255 | | - | to right of appeal to the superior court; 8 |
---|
256 | | - | (2) whether as a contributor or intermediary, delays in reporting a 9 |
---|
257 | | - | contribution as required by AS 15.13.040(r) is subject to a civil penalty of not more 10 |
---|
258 | | - | than $1,000 a day for each day the delinquency continues as determined by the 11 |
---|
259 | | - | commission subject to right of appeal to the superior court; 12 |
---|
260 | | - | (3) whether as a contributor or intermediary, misreports or fails to 13 |
---|
261 | | - | disclose the true source of a contribution in violation of AS 15.13.040(r) or 14 |
---|
262 | | - | 15.13.074(b) is subject to a civil penalty of not more than the amount of the 15 |
---|
263 | | - | contribution that is the subject of the misreporting or failure to disclose; upon a 16 |
---|
264 | | - | showing that the violation was intentional, a civil penalty of not more than three times 17 |
---|
265 | | - | the amount of the contribution in violation may be imposed; these penalties as 18 |
---|
266 | | - | determined by the commission are subject to right of appeal to the superior court; 19 |
---|
267 | | - | (4) violates a provision of this chapter, except as otherwise specified in 20 |
---|
268 | | - | this section, is subject to a civil penalty of not more than $50 a day for each day the 21 |
---|
269 | | - | violation continues as determined by the commission, subject to right of appeal to the 22 |
---|
270 | | - | superior court; and 23 |
---|
271 | | - | (5) is assessed a civil penalty may submit to the commission an 24 |
---|
272 | | - | affidavit stating facts in mitigation; however, the imposition of the penalties 25 |
---|
273 | | - | prescribed in this section or in AS 15.13.380 does not excuse that person from 26 |
---|
274 | | - | registering or filing reports required by this chapter. 27 |
---|
275 | | - | * Sec. 11. AS 15.20.030 is amended to read: 28 |
---|
276 | | - | Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 29 |
---|
277 | | - | director shall provide ballots for use as absentee ballots in a |
---|
278 | | - | ll districts. The director 30 |
---|
279 | | - | shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 31 33-LS0668\Y.A |
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280 | | - | HB0129F -9- SCS CSHB 129(FIN) am S |
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| 248 | + | not more than $50 a day for each day the delinquency continues as determined by the 1 |
---|
| 249 | + | commission subject to right of appeal to the superior court. A person who fails to file a 2 |
---|
| 250 | + | properly completed and certified report within the time required by 3 |
---|
| 251 | + | AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 4 |
---|
| 252 | + | a day for each day the delinquency continues as determined by the commission subject 5 |
---|
| 253 | + | to right of appeal to the superior court; 6 |
---|
| 254 | + | (2) whether as a contributor or intermediary, delays in reporting a 7 |
---|
| 255 | + | contribution as required by AS 15.13.040(r) is subject to a civil penalty of not more 8 |
---|
| 256 | + | than $1,000 a day for each day the delinquency continues as determined by the 9 |
---|
| 257 | + | commission subject to right of appeal to the superior court; 10 |
---|
| 258 | + | (3) whether as a contributor or intermediary, misreports or fails to 11 |
---|
| 259 | + | disclose the true source of a contribution in violation of AS 15.13.040(r) or 12 |
---|
| 260 | + | 15.13.074(b) is subject to a civil penalty of not more than the amount of the 13 |
---|
| 261 | + | contribution that is the subject of the misreporting or failure to disclose; upon a 14 |
---|
| 262 | + | showing that the violation was intentional, a civil penalty of not more than three times 15 |
---|
| 263 | + | the amount of the contribution in violation may be imposed; these penalties as 16 |
---|
| 264 | + | determined by the commission are subject to right of appeal to the superior court; 17 |
---|
| 265 | + | (4) violates a provision of this chapter, except as otherwise specified in 18 |
---|
| 266 | + | this section, is subject to a civil penalty of not more than $50 a day for each day the 19 |
---|
| 267 | + | violation continues as determined by the commission, subject to right of appeal to the 20 |
---|
| 268 | + | superior court; and 21 |
---|
| 269 | + | (5) is assessed a civil penalty may submit to the commission an 22 |
---|
| 270 | + | affidavit stating facts in mitigation; however, the imposition of the penalties 23 |
---|
| 271 | + | prescribed in this section or in AS 15.13.380 does not excuse that person from 24 |
---|
| 272 | + | registering or filing reports required by this chapter. 25 |
---|
| 273 | + | * Sec. 11. AS 15.20.030 is amended to read: 26 |
---|
| 274 | + | Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 27 |
---|
| 275 | + | director shall provide ballots for use as absentee ballots in all districts. The director 28 |
---|
| 276 | + | shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 29 |
---|
| 277 | + | and shall provide an envelope with the prescribed voter's certificate on it, in which the 30 |
---|
| 278 | + | secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the 31 33-LS0668\Y |
---|
| 279 | + | -9- SCS CSHB 129(FIN) |
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283 | | - | and shall provide an envelope with the prescribed voter's certificate on it, in which the 1 |
---|
284 | | - | secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the 2 |
---|
285 | | - | form of and prepare the voter's certificate, envelopes, and other material used in 3 |
---|
286 | | - | absentee voting. The voter's certificate shall include a declaration, for use when 4 |
---|
287 | | - | required, that the voter is a qualified voter in all respects, a blank for the voter's 5 |
---|
288 | | - | signature, a certification that the affiant properly executed the marking of the ballot 6 |
---|
289 | | - | and gave the voter's identity, [BLANKS FOR THE ATTESTING OFFICIAL OR 7 |
---|
290 | | - | WITNESS,] and a place for recording the date the envelope was sealed [AND 8 |
---|
291 | | - | WITNESSED]. The envelope with the voter's certificate must include a notice that 9 |
---|
292 | | - | false statements made by the voter [OR BY THE ATTESTING OFFICIA L OR 10 |
---|
293 | | - | WITNESS] on the certificate are punishable by law. 11 |
---|
294 | | - | * Sec. 12. AS 15.20.072 is amended by adding a new subsection to read: 12 |
---|
295 | | - | (h) If a voter satisfies the requirements of (d) of this section, the division may 13 |
---|
296 | | - | not reject a voter's special needs ballot based on an error by an election official or 14 |
---|
297 | | - | representative on the register under (c) of this section or an error by a representative 15 |
---|
298 | | - | under (d) of this section. 16 |
---|
299 | | - | * Sec. 13. AS 15.20.081(d) is amended to read: 17 |
---|
300 | | - | (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 18 |
---|
301 | | - | PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 19 |
---|
302 | | - | ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 20 |
---|
303 | | - | OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 21 |
---|
304 | | - | OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 22 |
---|
305 | | - | proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 23 |
---|
306 | | - | the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 24 |
---|
307 | | - | envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 25 |
---|
308 | | - | SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 26 |
---|
309 | | - | DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 27 |
---|
310 | | - | SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 28 |
---|
311 | | - | SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 29 |
---|
312 | | - | INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 30 |
---|
313 | | - | A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 31 33-LS0668\Y.A |
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314 | | - | SCS CSHB 129(FIN) am S -10- HB0129F |
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| 282 | + | form of and prepare the voter's certificate, envelopes, and other material used in 1 |
---|
| 283 | + | absentee voting. The voter's certificate shall include a declaration, for use when 2 |
---|
| 284 | + | required, that the voter is a qualified voter in all respects, a blank for the voter's 3 |
---|
| 285 | + | signature, a certification that the affiant properly executed the marking of the ballot 4 |
---|
| 286 | + | and gave the voter's identity, [BLANKS FOR THE ATTESTING OFFICIAL OR 5 |
---|
| 287 | + | WITNESS,] and a place for recording the date the envelope was sealed [AND 6 |
---|
| 288 | + | WITNESSED]. The envelope with the voter's certificate must include a notice that 7 |
---|
| 289 | + | false statements made by the voter [OR BY THE ATTESTING OFFICIA L OR 8 |
---|
| 290 | + | WITNESS] on the certificate are punishable by law. 9 |
---|
| 291 | + | * Sec. 12. AS 15.20.072 is amended by adding a new subsection to read: 10 |
---|
| 292 | + | (h) If a voter satisfies the requirements of (d) of this section, the division may 11 |
---|
| 293 | + | not reject a voter's special needs ballot based on an error by an election official or 12 |
---|
| 294 | + | representative on the register under (c) of this section or an error by a representative 13 |
---|
| 295 | + | under (d) of this section. 14 |
---|
| 296 | + | * Sec. 13. AS 15.20.081(d) is amended to read: 15 |
---|
| 297 | + | (d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 16 |
---|
| 298 | + | PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 17 |
---|
| 299 | + | ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 18 |
---|
| 300 | + | OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 19 |
---|
| 301 | + | OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 20 |
---|
| 302 | + | proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 21 |
---|
| 303 | + | the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 22 |
---|
| 304 | + | envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 23 |
---|
| 305 | + | SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 24 |
---|
| 306 | + | DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 25 |
---|
| 307 | + | SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 26 |
---|
| 308 | + | SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 27 |
---|
| 309 | + | INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 28 |
---|
| 310 | + | A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 29 |
---|
| 311 | + | THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 30 |
---|
| 312 | + | THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 31 33-LS0668\Y |
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| 313 | + | SCS CSHB 129(FIN) -10- |
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317 | | - | THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 1 |
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318 | | - | THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 2 |
---|
319 | | - | the statements in the voter's certification are true. 3 |
---|
320 | | - | * Sec. 14. AS 15.20.220(b) is amended to read: 4 |
---|
321 | | - | (b) The state review board shall review and count absentee ballots under 5 |
---|
322 | | - | AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.221, and 6 |
---|
323 | | - | questioned ballots that have been forwarded to the director and that have not been 7 |
---|
324 | | - | reviewed or counted by a district counting board. 8 |
---|
325 | | - | * Sec. 15. AS 15.20 is amended by adding a new section to read: 9 |
---|
326 | | - | Sec. 15.20.221. Procedure for curing uncounted ballot. (a) If a voter's ballot 10 |
---|
327 | | - | is rejected because the certificate is missing a signature or the voter provided 11 |
---|
328 | | - | insufficient voter identification, the director shall immediately make a reasonable 12 |
---|
329 | | - | effort to contact the voter, explain the ballot deficiency, explain how the deficiency 13 |
---|
330 | | - | may be cured, and inform the voter of the deadline to cure the ballot. The director 14 |
---|
331 | | - | shall, within 24 hours, send a notice of deficiency by electronic mail to the voter's 15 |
---|
332 | | - | electronic mail address if the voter has provided an electronic mail address. If the 16 |
---|
333 | | - | voter has provided a telephone number, the director shall, within 24 hours, attempt to 17 |
---|
334 | | - | notify the voter of the deficiency by telephone call and text message. The director 18 |
---|
335 | | - | shall, within 48 hours, but not later than five days after election day, send a notice of 19 |
---|
336 | | - | deficiency by first class, nonforwardable mail to the address in the voter's registration 20 |
---|
337 | | - | record. 21 |
---|
338 | | - | (b) A notice of deficiency must include a form for the voter to confirm that the 22 |
---|
339 | | - | voter returned a ballot to the division, provide a copy of a form of identification 23 |
---|
340 | | - | accepted by the division under AS 15.15.225(a), and provide a signature. The director 24 |
---|
341 | | - | shall provide a printed copy of the form with the notice of deficiency mailed to the 25 |
---|
342 | | - | voter. The director shall also make the form available in a format that can be 26 |
---|
343 | | - | completed and returned electronically. 27 |
---|
344 | | - | (c) The rejected ballot of a voter who received a notice of deficiency may be 28 |
---|
345 | | - | counted only if 29 |
---|
346 | | - | (1) the voter returns the completed form sent with the notice of 30 |
---|
347 | | - | deficiency, the division receives the form within 14 days after election day, and the 31 33-LS0668\Y.A |
---|
348 | | - | HB0129F -11- SCS CSHB 129(FIN) am S |
---|
| 316 | + | the statements in the voter's certification are true. 1 |
---|
| 317 | + | * Sec. 14. AS 15.20.220(b) is amended to read: 2 |
---|
| 318 | + | (b) The state review board shall review and count absentee ballots under 3 |
---|
| 319 | + | AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.221, and 4 |
---|
| 320 | + | questioned ballots that have been forwarded to the director and that have not been 5 |
---|
| 321 | + | reviewed or counted by a district counting board. 6 |
---|
| 322 | + | * Sec. 15. AS 15.20 is amended by adding a new section to read: 7 |
---|
| 323 | + | Sec. 15.20.221. Procedure for curing uncounted ballot. (a) If a voter's ballot 8 |
---|
| 324 | + | is rejected because the certificate is missing a signature or the voter provided 9 |
---|
| 325 | + | insufficient voter identification, the director shall immediately make a reasonable 10 |
---|
| 326 | + | effort to contact the voter, explain the ballot deficiency, explain how the deficiency 11 |
---|
| 327 | + | may be cured, and inform the voter of the deadline to cure the ballot. The director 12 |
---|
| 328 | + | shall, within 24 hours, send a notice of deficiency by electronic mail to the voter's 13 |
---|
| 329 | + | electronic mail address if the voter has provided an electronic mail address. If the 14 |
---|
| 330 | + | voter has provided a telephone number, the director shall, within 24 hours, attempt to 15 |
---|
| 331 | + | notify the voter of the deficiency by telephone call and text message. The director 16 |
---|
| 332 | + | shall, within 48 hours, but not later than five days after election day, send a notice of 17 |
---|
| 333 | + | deficiency by first class, nonforwardable mail to the address in the voter's registration 18 |
---|
| 334 | + | record. 19 |
---|
| 335 | + | (b) A notice of deficiency must include a form for the voter to confirm that the 20 |
---|
| 336 | + | voter returned a ballot to the division, provide a copy of a form of identification 21 |
---|
| 337 | + | accepted by the division under AS 15.15.225(a), and provide a signature. The director 22 |
---|
| 338 | + | shall provide a printed copy of the form with the notice of deficiency mailed to the 23 |
---|
| 339 | + | voter. The director shall also make the form available in a format that can be 24 |
---|
| 340 | + | completed and returned electronically. 25 |
---|
| 341 | + | (c) The rejected ballot of a voter who received a notice of deficiency may be 26 |
---|
| 342 | + | counted only if 27 |
---|
| 343 | + | (1) the voter returns the completed form sent with the notice of 28 |
---|
| 344 | + | deficiency, the division receives the form within 14 days after election day, and the 29 |
---|
| 345 | + | form confirms that the voter returned a ballot to the division; 30 |
---|
| 346 | + | (2) the voter provides a signature and includes a copy of a form of 31 33-LS0668\Y |
---|
| 347 | + | -11- SCS CSHB 129(FIN) |
---|
351 | | - | form confirms that the voter returned a ballot to the division; 1 |
---|
352 | | - | (2) the voter provides a signature and includes a copy of a form of 2 |
---|
353 | | - | identification accepted by the division under AS 15.15.225(a); and 3 |
---|
354 | | - | (3) the ballot is otherwise valid. 4 |
---|
355 | | - | (d) A voter's rejected ballot may not be counted and the director shall, if 5 |
---|
356 | | - | applicable, send copies of the signature on the voter's return envelope to the attorney 6 |
---|
357 | | - | general for investigation if the voter returns the form and the form indicates that the 7 |
---|
358 | | - | voter did not return a ballot to the division. 8 |
---|
359 | | - | * Sec. 16. AS 15.80 is amended by adding a new section to read: 9 |
---|
360 | | - | Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 10 |
---|
361 | | - | cybersecurity program to defend the voter registration records kept by the division 11 |
---|
362 | | - | against cyber attacks and data breaches and enable the division to detect and recover 12 |
---|
363 | | - | from cyber attacks. The program must include cybersecurity training for election 13 |
---|
364 | | - | officials. 14 |
---|
365 | | - | * Sec. 17. AS 15.80 is amended by adding a new section to read: 15 |
---|
366 | | - | Sec. 15.80.009. Synthetic media in electioneering communications. (a) A 16 |
---|
367 | | - | person may not knowingly use synthetic media in an electioneering communication 17 |
---|
368 | | - | with the intent to influence an election. 18 |
---|
369 | | - | (b) An individual who is harmed by an electioneering communication that 19 |
---|
370 | | - | violates this section may bring an action in the superior court to recover damages, full 20 |
---|
371 | | - | reasonable attorney fees, and costs from 21 |
---|
372 | | - | (1) the person who created the electioneering communication or 22 |
---|
373 | | - | retained the services of another to create the electioneering communication; 23 |
---|
374 | | - | (2) a person who disseminates an electioneering communication 24 |
---|
375 | | - | knowing that the electioneering communication includes synthetic media; or 25 |
---|
376 | | - | (3) a person who removes a disclosure statement described in (d) of 26 |
---|
377 | | - | this section from an electioneering communication with the intent to influence an 27 |
---|
378 | | - | election and knowing that the electioneering communication includes synthetic media. 28 |
---|
379 | | - | (c) An individual who is harmed by an electioneering communication that 29 |
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380 | | - | violates this section may seek injunctive relief in the superior court to prohibit |
---|
381 | | - | 30 |
---|
382 | | - | publication of the synthetic media. 31 33-LS0668\Y.A |
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383 | | - | SCS CSHB 129(FIN) am S -12- HB0129F |
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| 350 | + | identification accepted by the division under AS 15.15.225(a); and 1 |
---|
| 351 | + | (3) the ballot is otherwise valid. 2 |
---|
| 352 | + | (d) A voter's rejected ballot may not be counted and the director shall, if 3 |
---|
| 353 | + | applicable, send copies of the signature on the voter's return envelope to the attorney 4 |
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| 354 | + | general for investigation if the voter returns the form and the form indicates that the 5 |
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| 355 | + | voter did not return a ballot to the division. 6 |
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| 356 | + | * Sec. 16. AS 15.80 is amended by adding a new section to read: 7 |
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| 357 | + | Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 8 |
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| 358 | + | cybersecurity program to defend the voter registration records kept by the division 9 |
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| 359 | + | against cyber attacks and data breaches and enable the division to detect and recover 10 |
---|
| 360 | + | from cyber attacks. The program must include cybersecurity training for election 11 |
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| 361 | + | officials. 12 |
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| 362 | + | * Sec. 17. AS 15.80 is amended by adding a new section to read: 13 |
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| 363 | + | Sec. 15.80.009. Synthetic media in electioneering communications. (a) A 14 |
---|
| 364 | + | person may not knowingly use synthetic media in an electioneering communication 15 |
---|
| 365 | + | with the intent to influence an election. 16 |
---|
| 366 | + | (b) An individual who is harmed by an electioneering communication that 17 |
---|
| 367 | + | violates this section may bring an action in the superior court to recover damages, full 18 |
---|
| 368 | + | reasonable attorney fees, and costs from 19 |
---|
| 369 | + | (1) the person who created the electioneering communication or 20 |
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| 370 | + | retained the services of another to create the electioneering communication; 21 |
---|
| 371 | + | (2) a person who disseminates an electioneering communication 22 |
---|
| 372 | + | knowing that the electioneering communication includes synthetic media; or 23 |
---|
| 373 | + | (3) a person who removes a disclosure statement described in (d) of 24 |
---|
| 374 | + | this section from an electioneering communication with the intent to influence an 25 |
---|
| 375 | + | election and knowing that the electioneering communication includes synthetic media. 26 |
---|
| 376 | + | (c) An individual who is harmed by an electioneering communication that 27 |
---|
| 377 | + | violates this section may seek injunctive relief in the superior court to prohibit 28 |
---|
| 378 | + | publication of the synthetic media. 29 |
---|
| 379 | + | (d) It is a defense to an action under this section that 30 |
---|
| 380 | + | (1) the electioneering communication included the following |
---|
| 381 | + | 31 33-LS0668\Y |
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| 382 | + | SCS CSHB 129(FIN) -12- |
---|
386 | | - | (d) It is a defense to an action under this section that 1 |
---|
387 | | - | (1) the electioneering communication included the following 2 |
---|
388 | | - | disclosure statement: "This (image/video/audio) has been manipulated" and 3 |
---|
389 | | - | (A) for visual media that included other text, the text of the 4 |
---|
390 | | - | disclosure statement remained visible throughout the entirety of the 5 |
---|
391 | | - | communication, was easily readable by the average viewer, and was in a font 6 |
---|
392 | | - | not smaller than the largest font size of any other text that appeared in the 7 |
---|
393 | | - | visual component; 8 |
---|
394 | | - | (B) for visual media that did not include any other text, the 9 |
---|
395 | | - | disclosure statement was in a font size that was easily readable by the average 10 |
---|
396 | | - | viewer; 11 |
---|
397 | | - | (C) for a communication that consisted of only audio, the 12 |
---|
398 | | - | disclosure statement was read 13 |
---|
399 | | - | (i) at the beginning of the audio, at the end of the audio, 14 |
---|
400 | | - | and, if the audio was longer than two minutes in duration, at intervals 15 |
---|
401 | | - | interspersed within the audio that occurred at least once every two 16 |
---|
402 | | - | minutes; and 17 |
---|
403 | | - | (ii) in a clear manner and in a pitch and at a speed that 18 |
---|
404 | | - | was easily heard by the average listener; or 19 |
---|
405 | | - | (2) the synthetic media constitutes satire or parody. 20 |
---|
406 | | - | (e) An interactive computer service, Internet service provider, cloud service 21 |
---|
407 | | - | provider, telecommunications network, or radio or television broadcaster, including a 22 |
---|
408 | | - | cable or satellite television operator, programmer, or producer, is not liable under this 23 |
---|
409 | | - | section for hosting, publishing, or distributing an electioneering communication 24 |
---|
410 | | - | provided by another person. For purposes of this section, a developer of the 25 |
---|
411 | | - | technology used to create synthetic media that is in an electioneering communication 26 |
---|
412 | | - | is not the creator of the electioneering communication. This subsection does not 27 |
---|
413 | | - | prevent an individual from bringing an action under (b)(3) of this section for removing 28 |
---|
414 | | - | a disclosure statement. 29 |
---|
415 | | - | (f) In this section, 30 |
---|
416 | | - | (1) "access software provider" means a provider of client, server, or 31 33-LS0668\Y.A |
---|
417 | | - | HB0129F -13- SCS CSHB 129(FIN) am S |
---|
| 385 | + | disclosure statement: "This (image/video/audio) has been manipulated" and 1 |
---|
| 386 | + | (A) for visual media that included other text, the text of the 2 |
---|
| 387 | + | disclosure statement remained visible throughout the entirety of the 3 |
---|
| 388 | + | communication, was easily readable by the average viewer, and was in a font 4 |
---|
| 389 | + | not smaller than the largest font size of any other text that appeared in the 5 |
---|
| 390 | + | visual component; 6 |
---|
| 391 | + | (B) for visual media that did not include any other text, the 7 |
---|
| 392 | + | disclosure statement was in a font size that was easily readable by the average 8 |
---|
| 393 | + | viewer; 9 |
---|
| 394 | + | (C) for a communication that consisted of only audio, the 10 |
---|
| 395 | + | disclosure statement was read 11 |
---|
| 396 | + | (i) at the beginning of the audio, at the end of the audio, 12 |
---|
| 397 | + | and, if the audio was longer than two minutes in duration, at intervals 13 |
---|
| 398 | + | interspersed within the audio that occurred at least once every two 14 |
---|
| 399 | + | minutes; and 15 |
---|
| 400 | + | (ii) in a clear manner and in a pitch and at a speed that 16 |
---|
| 401 | + | was easily heard by the average listener; or 17 |
---|
| 402 | + | (2) the synthetic media constitutes satire or parody. 18 |
---|
| 403 | + | (e) An interactive computer service, Internet service provider, cloud service 19 |
---|
| 404 | + | provider, telecommunications network, or radio or television broadcaster, including a 20 |
---|
| 405 | + | cable or satellite television operator, programmer, or producer, is not liable under this 21 |
---|
| 406 | + | section for hosting, publishing, or distributing an electioneering communication 22 |
---|
| 407 | + | provided by another person. This subsection does not prevent an individual from 23 |
---|
| 408 | + | bringing an action under (b)(3) of this section for removing a disclosure statement. 24 |
---|
| 409 | + | (f) In this section, 25 |
---|
| 410 | + | (1) "access software provider" means a provider of client, server, or 26 |
---|
| 411 | + | other software or enabling tools that 27 |
---|
| 412 | + | (A) filter, screen, allow, or disallow content; 28 |
---|
| 413 | + | (B) pick, choose, analyze, or digest content; or 29 |
---|
| 414 | + | (C) transmit, receive, display, forward, cache, search, subset, 30 |
---|
| 415 | + | organize, reorganize, or translate content; 31 33-LS0668\Y |
---|
| 416 | + | -13- SCS CSHB 129(FIN) |
---|
420 | | - | other software or enabling tools that 1 |
---|
421 | | - | (A) filter, screen, allow, or disallow content; 2 |
---|
422 | | - | (B) pick, choose, analyze, or digest content; or 3 |
---|
423 | | - | (C) transmit, receive, display, forward, cache, search, subset, 4 |
---|
424 | | - | organize, reorganize, or translate content; 5 |
---|
425 | | - | (2) "artificial intelligence" means a machine-based system that, for 6 |
---|
426 | | - | explicit or implicit objectives, infers, from the input the system receives, how to 7 |
---|
427 | | - | generate outputs, including predictions, content, recommendations, and decisions that 8 |
---|
428 | | - | can influence physical or virtual environments, with different artificial intelligence 9 |
---|
429 | | - | systems varying in levels of autonomy and adaptiveness after deployment; 10 |
---|
430 | | - | (3) "electioneering communication" means a communication that 11 |
---|
431 | | - | (A) directly or indirectly identifies a candidate or political 12 |
---|
432 | | - | party; 13 |
---|
433 | | - | (B) is disseminated through a mailing, a newspaper, the 14 |
---|
434 | | - | Internet, or broadcast media, including radio, television, cable, or satellite, to 15 |
---|
435 | | - | an audience that includes voters who will have the opportunity to vote on a 16 |
---|
436 | | - | candidate identified in the communication or on a candidate of a party 17 |
---|
437 | | - | identified in the communication; and 18 |
---|
438 | | - | (C) when read as a whole and with limited reference to outside 19 |
---|
439 | | - | events, is susceptible of no other reasonable interpretation but as an 20 |
---|
440 | | - | exhortation to vote for or against a specific candidate; 21 |
---|
441 | | - | (4) "interactive computer service" means an information service, 22 |
---|
442 | | - | system, or access software provider that provides or enables computer access by 23 |
---|
443 | | - | multiple users to a computer server, including specifically a service or system that 24 |
---|
444 | | - | provides access to the Internet and such systems operated or services offered by 25 |
---|
445 | | - | libraries or educational institutions; 26 |
---|
446 | | - | (5) "synthetic media" 27 |
---|
447 | | - | (A) means an image, audio recording, or video recording of an 28 |
---|
448 | | - | individual's appearance, speech, or conduct that is manipulated by artificial 29 |
---|
449 | | - | intelligence in a manner that creates a realistic but false image, audio 30 |
---|
450 | | - | recording, or video recording and produces 31 33-LS0668\Y.A |
---|
451 | | - | SCS CSHB 129(FIN) am S -14- HB0129F |
---|
| 419 | + | (2) "artificial intelligence" means a machine-based system that, for 1 |
---|
| 420 | + | explicit or implicit objectives, infers, from the input the system receives, how to 2 |
---|
| 421 | + | generate outputs, including predictions, content, recommendations, and decisions that 3 |
---|
| 422 | + | can influence physical or virtual environments, with different artificial intelligence 4 |
---|
| 423 | + | systems varying in levels of autonomy and adaptiveness after deployment; 5 |
---|
| 424 | + | (3) "electioneering communication" means a communication that 6 |
---|
| 425 | + | (A) directly or indirectly identifies a candidate or political 7 |
---|
| 426 | + | party; 8 |
---|
| 427 | + | (B) is disseminated through a mailing, a newspaper, the 9 |
---|
| 428 | + | Internet, or broadcast media, including radio, television, cable, or satellite, to 10 |
---|
| 429 | + | an audience that includes voters who will have the opportunity to vote on a 11 |
---|
| 430 | + | candidate identified in the communication or on a candidate of a party 12 |
---|
| 431 | + | identified in the communication; and 13 |
---|
| 432 | + | (C) when read as a whole and with limited reference to outside 14 |
---|
| 433 | + | events, is susceptible of no other reasonable interpretation but as an 15 |
---|
| 434 | + | exhortation to vote for or against a specific candidate; 16 |
---|
| 435 | + | (4) "interactive computer service" means an information service, 17 |
---|
| 436 | + | system, or access software provider that provides or enables computer access by 18 |
---|
| 437 | + | multiple users to a computer server, including specifically a service or system that 19 |
---|
| 438 | + | provides access to the Internet and such systems operated or services offered by 20 |
---|
| 439 | + | libraries or educational institutions; 21 |
---|
| 440 | + | (5) "synthetic media" 22 |
---|
| 441 | + | (A) means an image, audio recording, or video recording of an 23 |
---|
| 442 | + | individual's appearance, speech, or conduct that is manipulated by artificial 24 |
---|
| 443 | + | intelligence in a manner that creates a realistic but false image, audio 25 |
---|
| 444 | + | recording, or video recording and produces 26 |
---|
| 445 | + | (i) a depiction that a reasonable person would believe is 27 |
---|
| 446 | + | of a real individual in appearance, speech, or conduct but did not 28 |
---|
| 447 | + | actually occur in reality; and 29 |
---|
| 448 | + | (ii) a materially different understanding or impression 30 |
---|
| 449 | + | than a reasonable person would have from the unaltered, original 31 33-LS0668\Y |
---|
| 450 | + | SCS CSHB 129(FIN) -14- |
---|
454 | | - | (i) a depiction that a reasonable person would believe is 1 |
---|
455 | | - | of a real individual in appearance, speech, or conduct but did not 2 |
---|
456 | | - | actually occur in reality; and 3 |
---|
457 | | - | (ii) a materially different understanding or impression 4 |
---|
458 | | - | than a reasonable person would have from the unaltered, original 5 |
---|
459 | | - | version of the image, audio recording, or video recording; 6 |
---|
460 | | - | (B) does not include an image, audio recording, or video 7 |
---|
461 | | - | recording that is minimally edited, adjusted, or enhanced by artificial 8 |
---|
462 | | - | intelligence without materially altering how the meaning or significance of the 9 |
---|
463 | | - | depiction would be perceived by a reasonable person. 10 |
---|
464 | | - | * Sec. 18. AS 24.60.080(e) is amended to read: 11 |
---|
465 | | - | (e) A political contribution is not a gift under this section if it is reported under 12 |
---|
466 | | - | AS 15.13.040 or is exempt from the reporting requirement under AS 15.13.040(g). A 13 |
---|
467 | | - | donation to a legal fund under AS 15.13.118 is not a gift under this section if it is 14 |
---|
468 | | - | reported under AS 15.13.118(b). The use of a bulk mailing permit owned by a 15 |
---|
469 | | - | legislator's campaign committee or used in a legislator's election campaign is not a gift 16 |
---|
470 | | - | to that legislator under this section. 17 |
---|
471 | | - | * Sec. 19. AS 39.52.130(d) is amended to read: 18 |
---|
472 | | - | (d) The restrictions relating to gifts imposed by this section do not apply to a 19 |
---|
473 | | - | campaign contribution to a candidate for elective office or a donation to a legal fund 20 |
---|
474 | | - | under AS 15.13.118 if the contribution or donation complies with laws and 21 |
---|
475 | | - | regulations governing elections and campaign disclosure. 22 |
---|
476 | | - | * Sec. 20. AS 15.20.203(b)(2) and 15.20.203(b)(3) are repealed. 23 |
---|
477 | | - | * Sec. 21. Sections 1, 8 - 10, and 17 - 19 of this Act take effect immediately under 24 |
---|
478 | | - | AS 01.10.070(c). 25 |
---|
479 | | - | * Sec. 22. Sections 2 - 6 and 16 of this Act take effect July 1, 2025. 26 |
---|
480 | | - | * Sec. 23. Except as provided in sections 21 and 22 of this Act, this Act takes effect July 1, 27 |
---|
481 | | - | 2024. 28 |
---|
| 453 | + | version of the image, audio recording, or video recording; 1 |
---|
| 454 | + | (B) does not include an image, audio recording, or video 2 |
---|
| 455 | + | recording that is minimally edited, adjusted, or enhanced by artificial 3 |
---|
| 456 | + | intelligence without materially altering how the meaning or significance of the 4 |
---|
| 457 | + | depiction would be perceived by a reasonable person. 5 |
---|
| 458 | + | * Sec. 18. AS 24.60.080(e) is amended to read: 6 |
---|
| 459 | + | (e) A political contribution is not a gift under this section if it is reported under 7 |
---|
| 460 | + | AS 15.13.040 or is exempt from the reporting requirement under AS 15.13.040(g). A 8 |
---|
| 461 | + | donation to a legal fund under AS 15.13.118 is not a gift under this section if it is 9 |
---|
| 462 | + | reported under AS 15.13.118(b). The use of a bulk mailing permit owned by a 10 |
---|
| 463 | + | legislator's campaign committee or used in a legislator's election campaign is not a gift 11 |
---|
| 464 | + | to that legislator under this section. 12 |
---|
| 465 | + | * Sec. 19. AS 39.52.130(d) is amended to read: 13 |
---|
| 466 | + | (d) The restrictions relating to gifts imposed by this section do not apply to a 14 |
---|
| 467 | + | campaign contribution to a candidate for elective office or a donation to a legal fund 15 |
---|
| 468 | + | under AS 15.13.118 if the contribution or donation complies with laws and 16 |
---|
| 469 | + | regulations governing elections and campaign disclosure. 17 |
---|
| 470 | + | * Sec. 20. AS 15.20.203(b)(2) and 15.20.203(b)(3) are repealed. 18 |
---|
| 471 | + | * Sec. 21. Sections 1, 8 - 10, and 17 - 19 of this Act take effect immediately under 19 |
---|
| 472 | + | AS 01.10.070(c). 20 |
---|
| 473 | + | * Sec. 22. Sections 2 - 6 and 16 of this Act take effect July 1, 2025. 21 |
---|
| 474 | + | * Sec. 23. Except as provided in sections 21 and 22 of this Act, this Act takes effect July 1, 22 |
---|
| 475 | + | 2024. 23 |
---|