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HOUSE BILL NO. 37
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE SCHRAGE
Introduced: 1/13/23
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to elections; relating to voters; relating to the crime of unlawful 1
interference with voting; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 15.05.010 is amended to read: 4
Sec. 15.05.010. Voter qualification. A person may vote at any election who 5
(1) is a citizen of the United States; 6
(2) is 18 years of age or older; 7
(3) has been a resident of the state and of the house district in which 8
the person seeks to vote for at least 30 days just before the election; and 9
(4) has registered [BEFORE THE ELECTION] as required under 10
AS 15.07 and is not registered to vote in another jurisdiction. 11
* Sec. 2. AS 15.07.060(a) is amended to read: 12
(a) Each applicant who requests registration or reregistration shall supply the 13
following information: 14 33-LS0227\A
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(1) the applicant's name and sex; 1
(2) if issued, the applicant's State of Alaska driver's license number or 2
State of Alaska identification card number, or the last four digits of the applicant's 3
social security number; 4
(3) the applicant's date of birth; 5
(4) the applicant's Alaska residence address; 6
(5) a statement of whether the applicant has previously been registered 7
to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 8
previous registration; 9
(6) a declaration that the applicant will be 18 years of age or older 10
within 90 days after the date of registration; 11
(7) a declaration that the applicant is a citizen of the United States; 12
(8) the date of application; 13
(9) the applicant's signature or mark, or an electronic image of the 14
applicant's signature submitted in the format and according to the process 15
specified by the division in regulation; 16
(10) any former name under which the applicant was registered to vote 17
in the state; 18
(11) an attestation that the information provided by the applicant in (1) 19
- (10) of this subsection is true; [AND] 20
(12) a certification that the applicant understands that a false statement 21
on the application may make the applicant subject to prosecution [FOR A 22
MISDEMEANOR] under this title or for perjury under AS 11; and 23
(13) an acknowledgment of understanding by the applicant that, if 24
the applicant is registered to vote in another jurisdiction, the director will notify 25
the chief elections officer of that jurisdiction that the applicant has registered to 26
vote in this state and request the applicant's voter registration be canceled in that 27
jurisdiction. 28
* Sec. 3. AS 15.07.060 is amended by adding new subsections to read: 29
(g) The division shall provide an applicant the opportunity to designate, from 30
among the written languages in which the division is required to print election 31 33-LS0227\A
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materials under 52 U.S.C. 10503, as amended, the language in which the applicant 1
prefers to receive ballots and other election materials printed for an election. The 2
division shall provide the applicant with ballots and election materials in the 3
applicant's designated language unless the applicant designates a language in which 4
the division is not required to print ballots and election materials. The division shall 5
notify an applicant when ballots and election materials printed in the designated 6
language are not available and allow the applicant another opportunity to designate a 7
language under this subsection. The division shall provide an applicant with ballots 8
and election materials in the designated language until the earlier of the date that 9
(1) the applicant's voter registration is inactivated or cancelled; or 10
(2) the division is no longer required under 52 U.S.C. 10503, as 11
amended, to print ballots and election materials in the designated language. 12
(h) An applicant who requests registration within 30 days before an election in 13
which the applicant desires to vote shall provide 14
(1) an affidavit, signed under penalty of perjury and witnessed by an 15
election official, stating whether the applicant established residency at least 30 days 16
before the date of the election in 17
(A) the state; and 18
(B) the house district in which the applicant seeks to vote at the 19
election; and 20
(2) a physical or electronic copy of 21
(A) identification issued by the federal government, the state, a 22
municipality, a tribal government, or a secondary or postsecondary school that 23
displays the applicant's Alaska residence address; or 24
(B) a utility bill, bank statement, paycheck, government check, 25
or other government document dated not more than 60 days before the 26
registration or reregistration and displaying the applicant's name and Alaska 27
residence address. 28
* Sec. 4. AS 15.07.070(c) is amended to read: 29
(c) The names of persons submitting completed registration forms by mail that 30
are postmarked at least 30 days before the next election, or submitting completed 31 33-LS0227\A
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registration forms by facsimile or other electronic transmission approved by the 1
director under AS 15.07.050 that are received at least 30 days before the next election, 2
shall be placed on the official registration list for that election. If a registration form 3
received by mail less than 30 days before an election does not have a legible and dated 4
postmark, the name of the person submitting the form shall be placed on the official 5
registration list for that election if the form was signed and dated by the person at least 6
30 days before the election and if the form is received by the director or election 7
supervisor at least 25 days before the election. The name of a person submitting a 8
completed registration form by mail or by facsimile or other electronic transmission 9
that does not meet the applicable requirements of this subsection may not be placed on 10
the official registration list for that election but shall be placed on the master register 11
after that election. A person submitting a completed registration form that does 12
not meet the requirements of this subsection for placement on the master register 13
for the next election but who complies with AS 15.07.060(h) may vote an absentee 14
in-person, special needs, or questioned ballot at that election. 15
* Sec. 5. AS 15.07.070(d) is amended to read: 16
(d) Qualified voters may register in person before a registration official or 17
through a voter registration agency at any time throughout the year. A qualified voter 18
who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 19
or on the day of an election may vote only an absentee in-person, special needs, or 20
questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 21
that election. The division may not reject the absentee in-person, special needs, or 22
questioned ballot of a qualified voter who registers within 30 days before or on 23
the day of an election on the grounds that the voter is not on the official 24
registration list for the election. Upon receipt and approval of the registration forms, 25
the director or the election supervisor shall forward to the voter an acknowledgment in 26
the form of a registration card, and the voter's name shall immediately be placed on 27
the master register. Names of persons registering 30 or more days before an election 28
shall be placed on the official registration list for that election. 29
* Sec. 6. AS 15.07.070(h) is amended to read: 30
(h) The director shall design the form of the voter's certificate appearing on 31 33-LS0227\A
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the envelope that is used for voting an absentee in-person, special needs, or 1
questioned ballot so that all information required for registration by AS 15.07.060(a) 2
may be obtained from a voter who votes an absentee in-person, special needs, or 3
questioned ballot. The form must include the instruction that a person registering 4
to vote using the voter's certificate who wishes to declare the person's affiliation 5
should complete the affiliation section on the certificate. If the voter voting an 6
absentee in-person, special needs, or questioned ballot has completed all information 7
on the voter registration portion of the absentee in-person, special needs, or 8
questioned ballot voter's certificate, the director shall place the name of the voter on 9
the official registration list. 10
* Sec. 7. AS 15.07.090(b) is amended to read: 11
(b) A voter shall reregister if the voter's registration is cancelled as provided in 12
AS 15.07.130. A person reregistering under this subsection may vote only an 13
absentee in-person, special needs, or questioned ballot until [THE 14
REREGISTRATION IS EFFECTIVE FOR] the next election that occurs at least 30 15
days after the date of reregistration. The division may not reject the absentee in-16
person, special needs, or questioned ballot of a qualified voter who reregisters 17
within 30 days before or on the day of an election on the grounds that the voter is 18
not on the official registration list for the election. 19
* Sec. 8. AS 15.07.090(c) is amended to read: 20
(c) The director shall transfer the registration of a voter from one precinct to 21
another within a house district when requested by the voter. If a [THE] request is 22
[SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 23
election day, a person transferring registration to a new precinct may vote only 24
an absentee in-person, special needs, or questioned ballot. The division may not 25
reject the absentee in-person, special needs, or questioned ballot of a qualified 26
voter who transfers registration within 30 days before or on the day of an election 27
on the grounds that the voter is not on the official registration list for the election. 28
The director shall transfer the registration of a voter from one house district to another 29
when requested by the voter. The voter must reside in the new house district for at 30
least 30 days in order to vote a ballot for that district. 31 33-LS0227\A
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* Sec. 9. AS 15.07.090(d) is amended to read: 1
(d) A person who claims to be a registered voter, but for whom no evidence of 2
registration in the precinct can be found, may vote only an absentee in-person, 3
special needs, or questioned ballot. The division may not reject the absentee in-4
person, special needs, or questioned ballot of a qualified voter who registers 5
within 30 days before or on the day of an election on the grounds that the voter is 6
not on the official registration list for the election [SHALL BE GRANTED THE 7
RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A QUESTIONED 8
VOTER AND THE BALLOT SHALL BE TREATED IN THE SAME MANNER. 9
THE BALLOT SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" 10
AND SHALL BE SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S 11
REPRESENTATIVE SHALL DETERMINE WHETHER THE VOTER IS 12
REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING THE BALLOT. 13
A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS PROVIDED IN (c) 14
OF THIS SECTION SHALL VOTE A "QUESTIONED BALLOT" IN THE 15
PRECINCT IN WHICH THE VOTER RESIDES]. 16
* Sec. 10. AS 15.07.130(e) is amended to read: 17
(e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 18
(1) the voter is present at a polling place or at an early [ABSENTEE] 19
voting station designated under AS 15.20.045(b) at a time when the polling place or 20
early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 21
(2) the voter applies to the division to obtain an absentee ballot; or 22
(3) in an election conducted by mail under AS 15.20.800, a voter who 23
has not received a ballot by mail makes a timely request to the division for a ballot. 24
* Sec. 11. AS 15.10.090 is amended to read: 25
Sec. 15.10.090. Notice of precinct boundary or polling place designation 26
and modification. The director shall give full public notice if a precinct is established 27
or abolished, if the boundaries of a precinct are designated, abolished, or modified, or 28
if the location of a polling place is changed. Public notice must include 29
(1) whenever possible, sending two written notices [NOTICE] of the 30
change to each affected registered voter in the precinct; 31 33-LS0227\A
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(2) providing notice of the change 1
(A) by publication once in a local newspaper of general 2
circulation in the precinct; or 3
(B) if there is not a local newspaper of general circulation in 4
the precinct, by posting written notice in three conspicuous places as close to 5
the precinct as possible; at least one posting location must be in the precinct; 6
(3) posting notice of the change on the Internet website of the division 7
of elections; 8
(4) providing notification of the change to the appropriate municipal 9
clerks, community councils, tribal groups, Native villages, and village regional 10
corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement 11
Act); and 12
(5) inclusion in the official election pamphlet. 13
* Sec. 12. AS 15.10.170(a) is amended to read: 14
(a) The precinct party committee, where an organized precinct committee 15
exists, or the party district committee where no organized precinct committee exists, 16
or the state party chairperson where neither a precinct nor a party district committee 17
exists, may appoint one or more [PERSONS AS] watchers in each precinct and 18
counting center for any election. A [EACH] candidate may appoint one or more 19
watchers for each precinct or counting center in the candidate's respective district or 20
the state for any election. An [ANY] organization or organized group that sponsors or 21
opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or recall may 22
have one or more [PERSONS AS] watchers at the polls and counting centers after first 23
obtaining authorization from the director. A state party chairperson, a precinct party 24
committee, a party district committee, or a candidate may not have more than one 25
watcher on duty at a time in any precinct or counting center. A watcher must be a 26
United States citizen. The watcher may be present at a position inside the place of 27
voting or counting that affords a full view of all action of the election officials taken 28
from the time the polls are opened until the ballots are finally counted and the results 29
certified by the election board or the data processing review board. The election board 30
or the data processing review board may require each watcher to present written proof 31 33-LS0227\A
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showing appointment by the precinct party committee, the party district committee, 1
the organization or organized group, or the candidate the watcher represents and that 2
is signed by the respective chairperson of the precinct party committee, party 3
district committee, state party chairperson, organization or organized group, or 4
candidate. 5
* Sec. 13. AS 15.15.060 is amended by adding a new subsection to read: 6
(f) At each polling place, the division shall provide language assistance as 7
required under 52 U.S.C. 10503 in a manner that enables each voter to participate 8
effectively in the electoral process. An election supervisor shall post at each polling 9
place information regarding the availability of language assistance in English and all 10
other languages for which language assistance is required to be provided in the 11
jurisdiction under federal law. 12
* Sec. 14. AS 15.15.170 is amended to read: 13
Sec. 15.15.170. Prohibition of political persuasion near election polls. (a) 14
During the hours the polls are open, a person who is in the polling place or within 200 15
feet of any entrance to the polling place may not 16
(1) attempt to persuade a person to vote for or against a candidate, 17
proposition, or question; or 18
(2) physically display a photo, video, or other image of the person's 19
or another person's marked ballot in an attempt to persuade a person to vote for 20
or against a candidate, proposition, or question. 21
(b) The election officials shall post warning notices at the required distance in 22
the form and manner prescribed by the director. 23
* Sec. 15. AS 15.15.280 is amended to read: 24
Sec. 15.15.280. Prohibiting the exhibition of marked ballots. A [SUBJECT 25
TO AS 15.15.240 A] voter may not exhibit the voter's ballot to an election official or 26
any other person so as to enable any person to ascertain how the voter marked the 27
ballot. 28
* Sec. 16. AS 15.15.280 is amended by adding a new subsection to read: 29
(b) This section does not apply to a voter who 30
(1) requests assistance under AS 15.15.240; or 31 33-LS0227\A
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(2) subject to the prohibition on political persuasion in, or within 200 1
feet of an entrance to, a polling place under AS 15.15.170, shares a photo, video, or 2
other image of the voter's marked ballot with another person or with the public. 3
* Sec. 17. AS 15.15.370 is amended to read: 4
Sec. 15.15.370. Completion of ballot count; certificate. When the count of 5
ballots is completed, and in no event later than the day after the election, the election 6
board shall make a certificate in duplicate of the results. The certificate includes the 7
number of votes cast for each candidate, including, for a candidate in a general 8
election, the number of votes at each round of the ranked-choice tabulation process 9
under AS 15.15.350, the number of votes for and against each proposition, yes or no 10
on each question, and any additional information prescribed by the director. The 11
election board shall, immediately upon completion of the certificate or as soon 12
thereafter as the local mail service permits, send in one sealed package to the director 13
one copy of the certificate and the register. In addition, all ballots properly cast shall 14
be mailed to the director in a separate, sealed package. Both packages, in addition to 15
an address on the outside, shall clearly indicate the precinct from which they come. 16
Each board shall, immediately upon completion of the certification and as soon 17
thereafter as the local mail service permits, send the duplicate certificate to the 18
respective election supervisor. The director may authorize election boards in precincts 19
in those areas of the state where distance and weather make mail communication 20
unreliable to forward their election results by telephone or radio. The director may 21
authorize the unofficial totaling of votes on a regional basis by election supervisors, 22
tallying the votes as indicated on duplicate certificates. If the director publishes 23
unofficial results, the director shall include, for each candidate, the subsequent 24
candidate rankings selected by the voters who ranked that candidate as the 25
voters' first choice. To ensure adequate protection, the director shall prescribe the 26
manner in which the ballots, registers, and all other election records and materials are 27
thereafter preserved, transferred, and destroyed. 28
* Sec. 18. AS 15.15.430(a) is amended to read: 29
(a) The review of ballot counting by the director shall include only 30
(1) a review of the precinct registers, tallies, and ballots cast; 31 33-LS0227\A
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(2) a review of absentee and questioned ballots as prescribed by law; 1
and 2
(3) unless the ballot for the house district contains nothing but 3
uncontested offices, a hand count of ballots from one randomly selected precinct in 4
each house district that 5
(A) accounts for at least five percent of the ballots cast in that 6
district; and 7
(B) shows voters' rankings for each candidate on the ballot. 8
* Sec. 19. AS 15.20.020 is amended to read: 9
Sec. 15.20.020. Provision for general administrative supervision. The 10
director shall provide general administrative supervision over the conduct of absentee 11
voting. The director shall make available instructions to absentee voters regarding the 12
procedure for absentee voting and use of the online system for tracking absentee 13
ballots established under AS 15.20.221. 14
* Sec. 20. AS 15.20.030 is amended to read: 15
Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 16
director shall provide ballots for use as absentee ballots in all districts. The director 17
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 18
and shall provide a postage-paid return [AN] envelope with the prescribed voter's 19
certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 20
director shall prescribe the form of and prepare the voter's certificate, envelopes, and 21
other material used in absentee voting. The voter's certificate shall include a 22
declaration, for use when required, that the voter is a qualified voter in all respects, a 23
blank for the voter's signature, and a space for recording the date that the voter 24
signed the certificate. An envelope may not identify a voter's party affiliation [, A 25
CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 26
MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 27
FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 28
RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 29
The envelope with the voter's certificate must include a notice that false statements 30
made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 31 33-LS0227\A
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certificate are punishable by law. 1
* Sec. 21. AS 15.20.045(b) is amended to read: 2
(b) The director may designate by regulation [ADOPTED UNDER AS 44.62 3
(ADMINISTRATIVE PROCEDURE ACT)] locations at which early [ABSENTEE] 4
voting stations will be operated for persons to vote absentee ballots on or after the 5
15th day before an election up to and including the date of the election. The director 6
shall supply these [ABSENTEE] voting stations with absentee ballots for all house 7
districts in the state and shall designate absentee voting officials to serve at the 8
[ABSENTEE] voting stations. A designation as an early voting station under this 9
subsection remains in effect unless 10
(1) the location is no longer available for use as an early voting 11
station; or 12
(2) the director determines that the location is no longer 13
appropriate for use as an early voting station and makes that determination 14
available to the public in writing. 15
* Sec. 22. AS 15.20.045(c) is amended to read: 16
(c) In a municipality in which the division will not be operating an early 17
[ABSENTEE] voting station under this section, the director may designate the 18
municipal clerk as an absentee voting official for the limited purpose of distributing 19
absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 20
representatives under AS 15.20.072. At least 15 days before the election, the director 21
shall supply municipal clerks designated under this subsection with absentee ballots. 22
* Sec. 23. AS 15.20.045 is amended by adding a new subsection to read: 23
(d) The director shall appoint one or more registration officials to serve in 24
each early voting station in all elections during the hours the early voting stations are 25
open. An election official appointed under AS 15.10 may also serve as a registration 26
official. 27
* Sec. 24. AS 15.20.050 is amended to read: 28
Sec. 15.20.050. Requirement of full public notice. The director shall give full 29
public notice of the dates and manner of voting absentee and may select any means of 30
communication permitted to be used in giving notice of the date and time of the 31 33-LS0227\A
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general election. The director shall give notice under this section of the location of 1
early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 2
days before each election. 3
* Sec. 25. AS 15.20.061(a) is amended to read: 4
(a) A qualified voter may apply in person for an absentee ballot to the 5
following election officials at the times specified: 6
(1) to an absentee voting official on or after the 15th day before an 7
election up to and including the date of the election; 8
(2) to an election supervisor on or after the 15th day before an election 9
up to and including the date of the election; 10
(3) to an absentee voting official at an early [ABSENTEE] voting 11
station designated under AS 15.20.045(b) on or after the 15th day before an election 12
up to and including the date of the election; 13
(4) to an absentee voting official in the precinct in which no volunteers 14
can be located to serve on the election board on or after the 15th day before an election 15
up to and including election day. 16
* Sec. 26. AS 15.20.064(b) is amended to read: 17
(b) The election supervisor or other election official shall issue a ballot to the 18
voter upon 19
(1) exhibition of proof of identification as required in AS 15.15.225; 20
(2) verification that the voter's residence address appearing on the 21
official registration list for that election is current; and 22
(3) the voter's signing the early voting register. 23
* Sec. 27. AS 15.20.064 is amended by adding a new subsection to read: 24
(e) If a voter fails to satisfy the requirements of (b) of this section, the voter 25
shall be allowed to vote an absentee ballot in the manner provided in AS 15.20.061. 26
* Sec. 28. AS 15.20.072(b) is amended to read: 27
(b) The voter may, through a representative, request a special needs ballot 28
from the following election officials at the times specified: 29
(1) from an absentee voting official on or after the 15th day before an 30
election, up to and including election day; 31 33-LS0227\A
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(2) from an election supervisor on or after the 15th day before an 1
election up to and including election day; 2
(3) from an absentee voting official at an early [ABSENTEE] voting 3
station designated under AS 15.20.045(b) on or after the 15th day before an election 4
up to and including the date of the election; or 5
(4) from a member of the precinct election board on election day. 6
* Sec. 29. AS 15.20.081(b) is amended to read: 7
(b) An application requesting delivery of an absentee ballot to the applicant by 8
mail must be received by the division of elections not less than 10 days before the 9
election for which the absentee ballot is sought. An application for an absentee ballot 10
for a state election from a qualified voter requesting delivery of an absentee ballot to 11
the applicant by electronic transmission must be received by the division of elections 12
not later than 5:00 p.m. Alaska time on the day before the election for which the 13
absentee ballot is sought. An absentee ballot application submitted by mail under this 14
section must permit the person to register to vote under AS 15.07.070, to declare an 15
affiliation under AS 15.07.075, if any, and to request an absentee ballot for each state 16
election held within that calendar year for which the voter is eligible to vote. An 17
absentee ballot application submitted by electronic transmission under this section 18
must [MAY NOT] include a provision that permits a person to register to vote under 19
AS 15.07.070. 20
* Sec. 30. AS 15.20.081(d) is amended to read: 21
(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 22
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 23
ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 24
OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 25
OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 26
proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 27
the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 28
envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 29
SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 30
DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 31 33-LS0227\A
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SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 1
SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 2
INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 3
A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 4
THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 5
THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 6
the statements in the voter's certification are true. 7
* Sec. 31. AS 15.20.081 is amended by adding new subsections to read: 8
(m) An absentee ballot application must include an option for a qualified voter 9
to choose to receive absentee ballots by mail for future regularly scheduled state 10
elections. The division may not require a voter who chooses this option to reapply for 11
an absentee ballot by mail unless 12
(1) the voter has not voted an absentee ballot for a period of four years; 13
or 14
(2) the voter's previous absentee ballot sent under this section was 15
returned to the division as undeliverable. 16
(n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 17
election, requests in writing or by other means designated in regulations adopted by 18
the director to receive a ballot in a language other than English in which the division is 19
required to print election materials under 52 U.S.C. 10503, as amended, the director 20
shall provide the voter with a ballot and election materials under this section in the 21
language requested. 22
* Sec. 32. AS 15.20.201(a) is amended to read: 23
(a) Not [NO] less than 10 [SEVEN] days preceding the day of election, the 24
election supervisor, in the presence and with the assistance of the district absentee 25
ballot counting board, shall begin to review all voter certificates and envelopes of 26
absentee ballots received by that date. The review of absentee ballots shall continue at 27
times designated by the election supervisor until completed. An absentee ballot may 28
not be counted until the accompanying voter certificate has been reviewed. 29
* Sec. 33. AS 15.20.203(b) is amended to read: 30
(b) The board shall reject an [AN] absentee ballot [MAY NOT BE 31 33-LS0227\A
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COUNTED] if 1
(1) the voter has failed to properly sign [EXECUTE] the certificate; 2
(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 3
TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 4
CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 5
AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 6
SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 7
VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 8
DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 9
UNDER AS 15.20.061(c); 10
(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 11
DATE OF THE ELECTION; 12
(4)] the ballot envelope and certificate, if delivered by mail after the 13
day of the election [POSTMARKED], 14
(A) is [NOT] postmarked after [ON OR BEFORE] the date of 15
the election; or 16
(B) has a United States Postal Service tracking barcode or a 17
division of elections ballot tracking barcode verifying that the ballot was 18
mailed after the date of the election; 19
(3) [(5)] after the day of election, the ballot was delivered by a means 20
other than mail; 21
(4) [OR (6)] the voter voted 22
(A) in person and is a 23
(i) first-time voter who initially registered by mail or by 24
facsimile or other electronic transmission approved by the director 25
under AS 15.07.050, has not provided the identification required by 26
AS 15.15.225(a), was not eligible for waiver of the identification 27
requirement under AS 15.15.225(b), and has not provided the 28
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 29
through state agency records described in AS 15.07.055(e); or 30
(ii) voter other than one described in (i) of this 31 33-LS0227\A
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subparagraph, did not provide identification described in 1
AS 15.15.225(a), was not personally known by the election official, 2
and has not provided the identifiers required in AS 15.07.060(a)(2) and 3
(3); or 4
(B) by mail or electronic transmission, is a first-time voter who 5
initially registered by mail or by facsimile or other electronic transmission 6
approved by the director under AS 15.07.050 to vote, has not met the 7
identification requirements set out in AS 15.07.060, and does not submit with 8
the ballot a copy of a 9
(i) driver's license, state identification card, current and 10
valid photo identification, birth certificate, passport, or hunting or 11
fishing license; or 12
(ii) current utility bill, bank statement, paycheck, 13
government check, or other government document; an item described 14
in this sub-subparagraph must show the name and current address of 15
the voter; or 16
(5) the voter did not vote absentee in-person and the signature on 17
the certificate is not consistent with the voter's signature in voter registration 18
records. 19
* Sec. 34. AS 15.20.203 is amended by adding a new subsection to read: 20
(k) Except for a voter who voted absentee in-person, the district absentee 21
counting board shall determine whether a voter's signature on the certificate is 22
consistent with the voter's signature in voter registration records using a signature 23
verification process that includes signature comparison software, according to a 24
procedure provided in regulations adopted by the director. An election official may not 25
determine that the signature on a voter's return envelope does not match the signature 26
stored in the voter's registration record solely based on substitution of initials or use of 27
a common nickname. The director shall provide training in signature comparison and 28
the use of signature comparison software to election officials who compare signatures 29
under this section. 30
* Sec. 35. AS 15.20.220(b) is amended to read: 31 33-LS0227\A
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(b) The state review board shall review and count absentee ballots under 1
AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 2
questioned ballots that have been forwarded to the director and that have not been 3
reviewed or counted by a district counting board. 4
* Sec. 36. AS 15.20 is amended by adding new sections to read: 5
Sec. 15.20.221. Ballot tracking system. (a) The director shall establish an 6
online ballot tracking system. The director may procure the system from a third party. 7
The system must be designed to allow a voter to easily use the system through a 8
mobile electronic device. The system must allow a voter to 9
(1) confirm that the voter's ballot has been sent by the division; 10
(2) track the date of the ballot's delivery to the voter; 11
(3) confirm the division's receipt of the voter's ballot; 12
(4) determine whether the voter's certificate has been reviewed; 13
(5) determine whether the voter's ballot has been counted; and 14
(6) provide the information necessary to cure a rejected ballot. 15
(b) The online system must indicate to a voter 16
(1) the process by which the voter may cure the lack of signature or 17
verify the voter's identity, if the signature on the voter's ballot was missing or was 18
determined to not match the signature in the voter's registration record under 19
AS 15.20.203(k); and 20
(2) the reason the voter's ballot was not counted, if the ballot was not 21
counted. 22
(c) The division may not charge a voter a fee to use the online system. 23
Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 24
a ballot that is rejected because the voter does not have a signature stored in voter 25
registration records, the certificate is missing a signature, the signature on the 26
certificate is determined under AS 15.20.203 to not match the signature in voter 27
registration records, or the voter provided insufficient voter identification, the director 28
shall immediately make a reasonable effort to contact the voter, explain the ballot 29
deficiency, explain how the deficiency may be cured, and inform the voter of the 30
deadline to cure the ballot. The director shall, within 24 hours, attempt to begin 31 33-LS0227\A
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sending notices of deficiency by electronic mail to the voter's electronic mail address 1
if the voter has provided an electronic mail address. If the voter has provided a 2
telephone number, the director shall, within 24 hours, attempt to notify the voter of the 3
deficiency by telephone call and text message. The director shall, within 48 hours and 4
not later than five days after election day, send a notice of deficiency by first class, 5
nonforwardable mail to the address on the voter's registration record. 6
(b) A notice of deficiency must include an explanation of the need for a 7
signature for verification purposes. The notice must include a form for the voter to 8
confirm that the voter returned a ballot to the division, provide a copy of a form of 9
identification accepted by the division under AS 15.15.225(a), and provide a signature 10
for verification. The director shall provide a printed copy of the form with the notice 11
of deficiency mailed to the voter. The director shall also make the form available in a 12
format that can be completed and returned electronically. 13
(c) The rejected ballot of a voter who received a notice of deficiency may be 14
counted only if 15
(1) the voter returns the form sent with the notice of deficiency, the 16
division receives the form within 14 days after election day, and the form confirms 17
that the voter returned a ballot to the division; 18
(2) the voter provides a signature and includes a copy of a form of 19
identification accepted by the division under AS 15.15.225(a); and 20
(3) the ballot is otherwise valid. 21
(d) The director shall, if applicable, send copies of the signature on the voter's 22
return envelope and the signature stored in voter registration records to the attorney 23
general for investigation if the voter returns the form and the form indicates that the 24
voter did not return a ballot to the division. 25
(e) The division shall update the signature stored in voter registration records 26
if the voter, after providing a copy of a form of identification accepted by the division 27
under AS 15.15.225(a), either provides a signature for the voter's missing signature or 28
cures a nonmatching signature under this section.
29
* Sec. 37. AS 15.20.800(a) is amended to read: 30
(a) The director may conduct an election by mail 31 33-LS0227\A
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(1) in an unincorporated community with a population of 750 or 1
less if the director determines that, because of an inability to hire election 2
workers, facilitating organized in-person voting in the community is 3
unreasonable; 4
(2) in an area affected or threatened by a disaster while a disaster 5
declaration under AS 26.23.020 is in effect if the governor declares the emergency 6
because of 7
(A) an incident described in AS 26.23.900(2)(A); 8
(B) an outbreak of disease or a credible threat of an 9
imminent outbreak of disease; or 10
(C) an enemy or terrorist attack or a credible threat of an 11
imminent enemy or terrorist attack; or 12
(3) if it is held at a time other than when the general, [PARTY] 13
primary, or municipal election is held. 14
* Sec. 38. AS 15.56.030(d) is amended to read: 15
(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 16
(1) includes 17
(A) an entry in a game of chance in which a prize of money or 18
other present or future pecuniary gain or advantage may be awarded to a 19
participant wherein the total of the prizes offered is greater than $2 per 20
participant with a maximum of $100; and 21
(B) government employment or benefits; 22
(2) does not include 23
(A) materials having a nominal value bearing the name, 24
likeness, or other identification of a candidate, political party, political group, 25
party district committee, or organization, or stating a position on a ballot 26
proposition or question; 27
(B) food and refreshments provided incidental to an activity 28
that is nonpartisan in nature and directed at encouraging persons to vote, or 29
incidental to a gathering in support of or in opposition to a candidate, political 30
party, political group, party district committee, organization, or ballot question 31 33-LS0227\A
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or proposition; 1
(C) care of the voter's dependents provided in connection with 2
the absence of a voter from home for the purpose of voting; 3
(D) services provided by a person acting as a representative 4
under AS 15.20.072; 5
(E) services provided by an election official as defined in 6
AS 15.80.010; [AND] 7
(F) transportation of a voter to or from the polls without 8
charge; and 9
(G) postage-paid return envelopes required in 10
AS 15.20.030. 11
* Sec. 39. AS 15.56.199(1) is amended to read: 12
(1) "election" includes a local election as defined in AS 15.80.010 in 13
addition to an [A STATE] election conducted by the division; 14
* Sec. 40. AS 15.80 is amended by adding a new section to read: 15
Sec. 15.80.009. Election worker minimum compensation. The division shall 16
pay not less than 17
(1) $15.00 an hour to election board workers for time spent performing 18
their election duties; 19
(2) $15.50 an hour to election board chairs for time spent performing 20
their election duties; 21
(3) $15.00 an hour to district absentee ballot review board members, 22
questioned ballot review board members, and absentee voting officials for time spent 23
performing their election duties; 24
(4) $15.50 an hour to officials at early voting stations for time spent 25
performing their election duties; 26
(5) $15.00 an hour to ballot tabulation coordinators, polling place field 27
workers, individuals appointed as personal representatives, and absentee and 28
questioned ballot processors for time spent performing their election duties; 29
(6) $12.50 an hour to extra election day and election night workers and 30
write-in counting team members for time spent performing their election duties. 31 33-LS0227\A
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* Sec. 41. AS 29.20.380(c) is amended to read: 1
(c) The municipal clerk may act as an absentee voting official under 2
AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 3
voters or qualified voters' representatives under AS 15.20.072 in a municipality in 4
which the division of elections will not be operating an early [ABSENTEE] voting 5
station under AS 15.20.045(b). 6
* Sec. 42. AS 29.26.050 is amended by adding a new subsection to read: 7
(d) Except as a municipality may require for elections held only in specific 8
local election districts or service areas under (b) of this section, a person who has lived 9
within the municipality for at least 30 days, but who has not registered to vote in state 10
elections at a residence address within the municipality at least 30 days before a 11
municipal election, may vote only an absentee, special needs, or questioned ballot in 12
that election. The municipality may not reject the absentee, special needs, or 13
questioned ballot of a qualified voter who registers within 30 days before or on the day 14
of an election on the grounds that the voter is not on the official registration list for the 15
election. 16
* Sec. 43. AS 15.10.170(b); AS 15.20.203(i), 15.20.203(j); and AS 29.26.050(a)(3) are 17
repealed. 18
* Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 19
read: 20
REPORT TO THE LEGISLATURE. The division of elections shall provide a report 21
to the legislature by November 1, 2025, recommending options for expanding early voting in 22
rural communities and low-income neighborhoods. The division shall deliver the report to the 23
senate secretary and the chief clerk of the house of representatives and notify the legislature 24
that the report is available. In this section, 25
(1) "low-income neighborhood" means a neighborhood where the median 26
family income is below 80 percent of the statewide median family income; 27
(2) "rural community" means a community with a population of 7,500 or less 28
that is not connected by road or rail to Anchorage or Fairbanks or a community with a 29
population of 3,500 or less that is connected by road or rail to Anchorage or Fairbanks. 30
* Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-LS0227\A
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read: 1
APPLICABILITY. AS 15.56.030(d), as amended by sec. 38 of this Act, applies to 2
offenses committed on or after the effective date of sec. 38 of this Act. 3
* Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 4
read: 5
TRANSITION: REGULATIONS. The division of elections may adopt regulations 6
necessary to implement the changes made by this Act. The regulations take effect under 7
AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 8
implemented by the regulation. 9
* Sec. 47. Section 46 of this Act takes effect immediately under AS 01.10.070(c). 10
* Sec. 48. Except as provided in sec. 47 of this Act, this Act takes effect January 1, 2024. 11