Alaska 2023-2024 Regular Session

Alaska House Bill HB37 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HB0037a -1- HB 37
3	3	New Text Underlined [DELETED TEXT BRACKETED]
4	4
5	5	33-LS0227\A
6	6
7	7
8	8
9	9
10	10
11	11	HOUSE BILL NO. 37
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE SCHRAGE
18	18
19	19	Introduced: 1/13/23
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to elections; relating to voters; relating to the crime of unlawful 1
28	28	interference with voting; and providing for an effective date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 15.05.010 is amended to read: 4
31	31	Sec. 15.05.010. Voter qualification. A person may vote at any election who 5
32	32	(1) is a citizen of the United States; 6
33	33	(2) is 18 years of age or older; 7
34	34	(3) has been a resident of the state and of the house district in which 8
35	35	the person seeks to vote for at least 30 days just before the election; and 9
36	36	(4) has registered [BEFORE THE ELECTION] as required under 10
37	37	AS 15.07 and is not registered to vote in another jurisdiction. 11
38	38	* Sec. 2. AS 15.07.060(a) is amended to read: 12
39	39	(a) Each applicant who requests registration or reregistration shall supply the 13
40	40	following information: 14 33-LS0227\A
41	41	HB 37 -2- HB0037a
42	42	New Text Underlined [DELETED TEXT BRACKETED]
43	43
44	44	(1) the applicant's name and sex; 1
45	45	(2) if issued, the applicant's State of Alaska driver's license number or 2
46	46	State of Alaska identification card number, or the last four digits of the applicant's 3
47	47	social security number; 4
48	48	(3) the applicant's date of birth; 5
49	49	(4) the applicant's Alaska residence address; 6
50	50	(5) a statement of whether the applicant has previously been registered 7
51	51	to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 8
52	52	previous registration; 9
53	53	(6) a declaration that the applicant will be 18 years of age or older 10
54	54	within 90 days after the date of registration; 11
55	55	(7) a declaration that the applicant is a citizen of the United States; 12
56	56	(8) the date of application; 13
57	57	(9) the applicant's signature or mark, or an electronic image of the 14
58	58	applicant's signature submitted in the format and according to the process 15
59	59	specified by the division in regulation; 16
60	60	(10) any former name under which the applicant was registered to vote 17
61	61	in the state; 18
62	62	(11) an attestation that the information provided by the applicant in (1) 19
63	63	- (10) of this subsection is true; [AND] 20
64	64	(12) a certification that the applicant understands that a false statement 21
65	65	on the application may make the applicant subject to prosecution [FOR A 22
66	66	MISDEMEANOR] under this title or for perjury under AS 11; and 23
67	67	(13) an acknowledgment of understanding by the applicant that, if 24
68	68	the applicant is registered to vote in another jurisdiction, the director will notify 25
69	69	the chief elections officer of that jurisdiction that the applicant has registered to 26
70	70	vote in this state and request the applicant's voter registration be canceled in that 27
71	71	jurisdiction. 28
72	72	* Sec. 3. AS 15.07.060 is amended by adding new subsections to read: 29
73	73	(g) The division shall provide an applicant the opportunity to designate, from 30
74	74	among the written languages in which the division is required to print election 31 33-LS0227\A
75	75	HB0037a -3- HB 37
76	76	New Text Underlined [DELETED TEXT BRACKETED]
77	77
78	78	materials under 52 U.S.C. 10503, as amended, the language in which the applicant 1
79	79	prefers to receive ballots and other election materials printed for an election. The 2
80	80	division shall provide the applicant with ballots and election materials in the 3
81	81	applicant's designated language unless the applicant designates a language in which 4
82	82	the division is not required to print ballots and election materials. The division shall 5
83	83	notify an applicant when ballots and election materials printed in the designated 6
84	84	language are not available and allow the applicant another opportunity to designate a 7
85	85	language under this subsection. The division shall provide an applicant with ballots 8
86	86	and election materials in the designated language until the earlier of the date that 9
87	87	(1) the applicant's voter registration is inactivated or cancelled; or 10
88	88	(2) the division is no longer required under 52 U.S.C. 10503, as 11
89	89	amended, to print ballots and election materials in the designated language. 12
90	90	(h) An applicant who requests registration within 30 days before an election in 13
91	91	which the applicant desires to vote shall provide 14
92	92	(1) an affidavit, signed under penalty of perjury and witnessed by an 15
93	93	election official, stating whether the applicant established residency at least 30 days 16
94	94	before the date of the election in 17
95	95	(A) the state; and 18
96	96	(B) the house district in which the applicant seeks to vote at the 19
97	97	election; and 20
98	98	(2) a physical or electronic copy of 21
99	99	(A) identification issued by the federal government, the state, a 22
100	100	municipality, a tribal government, or a secondary or postsecondary school that 23
101	101	displays the applicant's Alaska residence address; or 24
102	102	(B) a utility bill, bank statement, paycheck, government check, 25
103	103	or other government document dated not more than 60 days before the 26
104	104	registration or reregistration and displaying the applicant's name and Alaska 27
105	105	residence address. 28
106	106	* Sec. 4. AS 15.07.070(c) is amended to read: 29
107	107	(c) The names of persons submitting completed registration forms by mail that 30
108	108	are postmarked at least 30 days before the next election, or submitting completed 31 33-LS0227\A
109	109	HB 37 -4- HB0037a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
111	111
112	112	registration forms by facsimile or other electronic transmission approved by the 1
113	113	director under AS 15.07.050 that are received at least 30 days before the next election, 2
114	114	shall be placed on the official registration list for that election. If a registration form 3
115	115	received by mail less than 30 days before an election does not have a legible and dated 4
116	116	postmark, the name of the person submitting the form shall be placed on the official 5
117	117	registration list for that election if the form was signed and dated by the person at least 6
118	118	30 days before the election and if the form is received by the director or election 7
119	119	supervisor at least 25 days before the election. The name of a person submitting a 8
120	120	completed registration form by mail or by facsimile or other electronic transmission 9
121	121	that does not meet the applicable requirements of this subsection may not be placed on 10
122	122	the official registration list for that election but shall be placed on the master register 11
123	123	after that election. A person submitting a completed registration form that does 12
124	124	not meet the requirements of this subsection for placement on the master register 13
125	125	for the next election but who complies with AS 15.07.060(h) may vote an absentee 14
126	126	in-person, special needs, or questioned ballot at that election. 15
127	127	* Sec. 5. AS 15.07.070(d) is amended to read: 16
128	128	(d) Qualified voters may register in person before a registration official or 17
129	129	through a voter registration agency at any time throughout the year. A qualified voter 18
130	130	who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 19
131	131	or on the day of an election may vote only an absentee in-person, special needs, or 20
132	132	questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 21
133	133	that election. The division may not reject the absentee in-person, special needs, or 22
134	134	questioned ballot of a qualified voter who registers within 30 days before or on 23
135	135	the day of an election on the grounds that the voter is not on the official 24
136	136	registration list for the election. Upon receipt and approval of the registration forms, 25
137	137	the director or the election supervisor shall forward to the voter an acknowledgment in 26
138	138	the form of a registration card, and the voter's name shall immediately be placed on 27
139	139	the master register. Names of persons registering 30 or more days before an election 28
140	140	shall be placed on the official registration list for that election. 29
141	141	* Sec. 6. AS 15.07.070(h) is amended to read: 30
142	142	(h) The director shall design the form of the voter's certificate appearing on 31 33-LS0227\A
143	143	HB0037a -5- HB 37
144	144	New Text Underlined [DELETED TEXT BRACKETED]
145	145
146	146	the envelope that is used for voting an absentee in-person, special needs, or 1
147	147	questioned ballot so that all information required for registration by AS 15.07.060(a) 2
148	148	may be obtained from a voter who votes an absentee in-person, special needs, or 3
149	149	questioned ballot. The form must include the instruction that a person registering 4
150	150	to vote using the voter's certificate who wishes to declare the person's affiliation 5
151	151	should complete the affiliation section on the certificate. If the voter voting an 6
152	152	absentee in-person, special needs, or questioned ballot has completed all information 7
153	153	on the voter registration portion of the absentee in-person, special needs, or 8
154	154	questioned ballot voter's certificate, the director shall place the name of the voter on 9
155	155	the official registration list. 10
156	156	* Sec. 7. AS 15.07.090(b) is amended to read: 11
157	157	(b) A voter shall reregister if the voter's registration is cancelled as provided in 12
158	158	AS 15.07.130. A person reregistering under this subsection may vote only an 13
159	159	absentee in-person, special needs, or questioned ballot until [THE 14
160	160	REREGISTRATION IS EFFECTIVE FOR] the next election that occurs at least 30 15
161	161	days after the date of reregistration. The division may not reject the absentee in-16
162	162	person, special needs, or questioned ballot of a qualified voter who reregisters 17
163	163	within 30 days before or on the day of an election on the grounds that the voter is 18
164	164	not on the official registration list for the election. 19
165	165	* Sec. 8. AS 15.07.090(c) is amended to read: 20
166	166	(c) The director shall transfer the registration of a voter from one precinct to 21
167	167	another within a house district when requested by the voter. If a [THE] request is 22
168	168	[SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 23
169	169	election day, a person transferring registration to a new precinct may vote only 24
170	170	an absentee in-person, special needs, or questioned ballot. The division may not 25
171	171	reject the absentee in-person, special needs, or questioned ballot of a qualified 26
172	172	voter who transfers registration within 30 days before or on the day of an election 27
173	173	on the grounds that the voter is not on the official registration list for the election. 28
174	174	The director shall transfer the registration of a voter from one house district to another 29
175	175	when requested by the voter. The voter must reside in the new house district for at 30
176	176	least 30 days in order to vote a ballot for that district. 31 33-LS0227\A
177	177	HB 37 -6- HB0037a
178	178	New Text Underlined [DELETED TEXT BRACKETED]
179	179
180	180	* Sec. 9. AS 15.07.090(d) is amended to read: 1
181	181	(d) A person who claims to be a registered voter, but for whom no evidence of 2
182	182	registration in the precinct can be found, may vote only an absentee in-person, 3
183	183	special needs, or questioned ballot. The division may not reject the absentee in-4
184	184	person, special needs, or questioned ballot of a qualified voter who registers 5
185	185	within 30 days before or on the day of an election on the grounds that the voter is 6
186	186	not on the official registration list for the election [SHALL BE GRANTED THE 7
187	187	RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A QUESTIONED 8
188	188	VOTER AND THE BALLOT SHALL BE TREATED IN THE SAME MANNER. 9
189	189	THE BALLOT SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" 10
190	190	AND SHALL BE SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S 11
191	191	REPRESENTATIVE SHALL DETERMINE WHETHER THE VOTER IS 12
192	192	REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING THE BALLOT. 13
193	193	A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS PROVIDED IN (c) 14
194	194	OF THIS SECTION SHALL VOTE A "QUESTIONED BALLOT" IN THE 15
195	195	PRECINCT IN WHICH THE VOTER RESIDES]. 16
196	196	* Sec. 10. AS 15.07.130(e) is amended to read: 17
197	197	(e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 18
198	198	(1) the voter is present at a polling place or at an early [ABSENTEE] 19
199	199	voting station designated under AS 15.20.045(b) at a time when the polling place or 20
200	200	early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 21
201	201	(2) the voter applies to the division to obtain an absentee ballot; or 22
202	202	(3) in an election conducted by mail under AS 15.20.800, a voter who 23
203	203	has not received a ballot by mail makes a timely request to the division for a ballot. 24
204	204	* Sec. 11. AS 15.10.090 is amended to read: 25
205	205	Sec. 15.10.090. Notice of precinct boundary or polling place designation 26
206	206	and modification. The director shall give full public notice if a precinct is established 27
207	207	or abolished, if the boundaries of a precinct are designated, abolished, or modified, or 28
208	208	if the location of a polling place is changed. Public notice must include 29
209	209	(1) whenever possible, sending two written notices [NOTICE] of the 30
210	210	change to each affected registered voter in the precinct; 31 33-LS0227\A
211	211	HB0037a -7- HB 37
212	212	New Text Underlined [DELETED TEXT BRACKETED]
213	213
214	214	(2) providing notice of the change 1
215	215	(A) by publication once in a local newspaper of general 2
216	216	circulation in the precinct; or 3
217	217	(B) if there is not a local newspaper of general circulation in 4
218	218	the precinct, by posting written notice in three conspicuous places as close to 5
219	219	the precinct as possible; at least one posting location must be in the precinct; 6
220	220	(3) posting notice of the change on the Internet website of the division 7
221	221	of elections; 8
222	222	(4) providing notification of the change to the appropriate municipal 9
223	223	clerks, community councils, tribal groups, Native villages, and village regional 10
224	224	corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement 11
225	225	Act); and 12
226	226	(5) inclusion in the official election pamphlet. 13
227	227	* Sec. 12. AS 15.10.170(a) is amended to read: 14
228	228	(a) The precinct party committee, where an organized precinct committee 15
229	229	exists, or the party district committee where no organized precinct committee exists, 16
230	230	or the state party chairperson where neither a precinct nor a party district committee 17
231	231	exists, may appoint one or more [PERSONS AS] watchers in each precinct and 18
232	232	counting center for any election. A [EACH] candidate may appoint one or more 19
233	233	watchers for each precinct or counting center in the candidate's respective district or 20
234	234	the state for any election. An [ANY] organization or organized group that sponsors or 21
235	235	opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or recall may 22
236	236	have one or more [PERSONS AS] watchers at the polls and counting centers after first 23
237	237	obtaining authorization from the director. A state party chairperson, a precinct party 24
238	238	committee, a party district committee, or a candidate may not have more than one 25
239	239	watcher on duty at a time in any precinct or counting center. A watcher must be a 26
240	240	United States citizen. The watcher may be present at a position inside the place of 27
241	241	voting or counting that affords a full view of all action of the election officials taken 28
242	242	from the time the polls are opened until the ballots are finally counted and the results 29
243	243	certified by the election board or the data processing review board. The election board 30
244	244	or the data processing review board may require each watcher to present written proof 31 33-LS0227\A
245	245	HB 37 -8- HB0037a
246	246	New Text Underlined [DELETED TEXT BRACKETED]
247	247
248	248	showing appointment by the precinct party committee, the party district committee, 1
249	249	the organization or organized group, or the candidate the watcher represents and that 2
250	250	is signed by the respective chairperson of the precinct party committee, party 3
251	251	district committee, state party chairperson, organization or organized group, or 4
252	252	candidate. 5
253	253	* Sec. 13. AS 15.15.060 is amended by adding a new subsection to read: 6
254	254	(f) At each polling place, the division shall provide language assistance as 7
255	255	required under 52 U.S.C. 10503 in a manner that enables each voter to participate 8
256	256	effectively in the electoral process. An election supervisor shall post at each polling 9
257	257	place information regarding the availability of language assistance in English and all 10
258	258	other languages for which language assistance is required to be provided in the 11
259	259	jurisdiction under federal law. 12
260	260	* Sec. 14. AS 15.15.170 is amended to read: 13
261	261	Sec. 15.15.170. Prohibition of political persuasion near election polls. (a) 14
262	262	During the hours the polls are open, a person who is in the polling place or within 200 15
263	263	feet of any entrance to the polling place may not 16
264	264	(1) attempt to persuade a person to vote for or against a candidate, 17
265	265	proposition, or question; or 18
266	266	(2) physically display a photo, video, or other image of the person's 19
267	267	or another person's marked ballot in an attempt to persuade a person to vote for 20
268	268	or against a candidate, proposition, or question. 21
269	269	(b) The election officials shall post warning notices at the required distance in 22
270	270	the form and manner prescribed by the director. 23
271	271	* Sec. 15. AS 15.15.280 is amended to read: 24
272	272	Sec. 15.15.280. Prohibiting the exhibition of marked ballots. A [SUBJECT 25
273	273	TO AS 15.15.240 A] voter may not exhibit the voter's ballot to an election official or 26
274	274	any other person so as to enable any person to ascertain how the voter marked the 27
275	275	ballot. 28
276	276	* Sec. 16. AS 15.15.280 is amended by adding a new subsection to read: 29
277	277	(b) This section does not apply to a voter who 30
278	278	(1) requests assistance under AS 15.15.240; or 31 33-LS0227\A
279	279	HB0037a -9- HB 37
280	280	New Text Underlined [DELETED TEXT BRACKETED]
281	281
282	282	(2) subject to the prohibition on political persuasion in, or within 200 1
283	283	feet of an entrance to, a polling place under AS 15.15.170, shares a photo, video, or 2
284	284	other image of the voter's marked ballot with another person or with the public. 3
285	285	* Sec. 17. AS 15.15.370 is amended to read: 4
286	286	Sec. 15.15.370. Completion of ballot count; certificate. When the count of 5
287	287	ballots is completed, and in no event later than the day after the election, the election 6
288	288	board shall make a certificate in duplicate of the results. The certificate includes the 7
289	289	number of votes cast for each candidate, including, for a candidate in a general 8
290	290	election, the number of votes at each round of the ranked-choice tabulation process 9
291	291	under AS 15.15.350, the number of votes for and against each proposition, yes or no 10
292	292	on each question, and any additional information prescribed by the director. The 11
293	293	election board shall, immediately upon completion of the certificate or as soon 12
294	294	thereafter as the local mail service permits, send in one sealed package to the director 13
295	295	one copy of the certificate and the register. In addition, all ballots properly cast shall 14
296	296	be mailed to the director in a separate, sealed package. Both packages, in addition to 15
297	297	an address on the outside, shall clearly indicate the precinct from which they come. 16
298	298	Each board shall, immediately upon completion of the certification and as soon 17
299	299	thereafter as the local mail service permits, send the duplicate certificate to the 18
300	300	respective election supervisor. The director may authorize election boards in precincts 19
301	301	in those areas of the state where distance and weather make mail communication 20
302	302	unreliable to forward their election results by telephone or radio. The director may 21
303	303	authorize the unofficial totaling of votes on a regional basis by election supervisors, 22
304	304	tallying the votes as indicated on duplicate certificates. If the director publishes 23
305	305	unofficial results, the director shall include, for each candidate, the subsequent 24
306	306	candidate rankings selected by the voters who ranked that candidate as the 25
307	307	voters' first choice. To ensure adequate protection, the director shall prescribe the 26
308	308	manner in which the ballots, registers, and all other election records and materials are 27
309	309	thereafter preserved, transferred, and destroyed. 28
310	310	* Sec. 18. AS 15.15.430(a) is amended to read: 29
311	311	(a) The review of ballot counting by the director shall include only 30
312	312	(1) a review of the precinct registers, tallies, and ballots cast; 31 33-LS0227\A
313	313	HB 37 -10- HB0037a
314	314	New Text Underlined [DELETED TEXT BRACKETED]
315	315
316	316	(2) a review of absentee and questioned ballots as prescribed by law; 1
317	317	and 2
318	318	(3) unless the ballot for the house district contains nothing but 3
319	319	uncontested offices, a hand count of ballots from one randomly selected precinct in 4
320	320	each house district that 5
321	321	(A) accounts for at least five percent of the ballots cast in that 6
322	322	district; and 7
323	323	(B) shows voters' rankings for each candidate on the ballot. 8
324	324	* Sec. 19. AS 15.20.020 is amended to read: 9
325	325	Sec. 15.20.020. Provision for general administrative supervision. The 10
326	326	director shall provide general administrative supervision over the conduct of absentee 11
327	327	voting. The director shall make available instructions to absentee voters regarding the 12
328	328	procedure for absentee voting and use of the online system for tracking absentee 13
329	329	ballots established under AS 15.20.221. 14
330	330	* Sec. 20. AS 15.20.030 is amended to read: 15
331	331	Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 16
332	332	director shall provide ballots for use as absentee ballots in all districts. The director 17
333	333	shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 18
334	334	and shall provide a postage-paid return [AN] envelope with the prescribed voter's 19
335	335	certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 20
336	336	director shall prescribe the form of and prepare the voter's certificate, envelopes, and 21
337	337	other material used in absentee voting. The voter's certificate shall include a 22
338	338	declaration, for use when required, that the voter is a qualified voter in all respects, a 23
339	339	blank for the voter's signature, and a space for recording the date that the voter 24
340	340	signed the certificate. An envelope may not identify a voter's party affiliation [, A 25
341	341	CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 26
342	342	MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 27
343	343	FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 28
344	344	RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 29
345	345	The envelope with the voter's certificate must include a notice that false statements 30
346	346	made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 31 33-LS0227\A
347	347	HB0037a -11- HB 37
348	348	New Text Underlined [DELETED TEXT BRACKETED]
349	349
350	350	certificate are punishable by law. 1
351	351	* Sec. 21. AS 15.20.045(b) is amended to read: 2
352	352	(b) The director may designate by regulation [ADOPTED UNDER AS 44.62 3
353	353	(ADMINISTRATIVE PROCEDURE ACT)] locations at which early [ABSENTEE] 4
354	354	voting stations will be operated for persons to vote absentee ballots on or after the 5
355	355	15th day before an election up to and including the date of the election. The director 6
356	356	shall supply these [ABSENTEE] voting stations with absentee ballots for all house 7
357	357	districts in the state and shall designate absentee voting officials to serve at the 8
358	358	[ABSENTEE] voting stations. A designation as an early voting station under this 9
359	359	subsection remains in effect unless 10
360	360	(1) the location is no longer available for use as an early voting 11
361	361	station; or 12
362	362	(2) the director determines that the location is no longer 13
363	363	appropriate for use as an early voting station and makes that determination 14
364	364	available to the public in writing. 15
365	365	* Sec. 22. AS 15.20.045(c) is amended to read: 16
366	366	(c) In a municipality in which the division will not be operating an early 17
367	367	[ABSENTEE] voting station under this section, the director may designate the 18
368	368	municipal clerk as an absentee voting official for the limited purpose of distributing 19
369	369	absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 20
370	370	representatives under AS 15.20.072. At least 15 days before the election, the director 21
371	371	shall supply municipal clerks designated under this subsection with absentee ballots. 22
372	372	* Sec. 23. AS 15.20.045 is amended by adding a new subsection to read: 23
373	373	(d) The director shall appoint one or more registration officials to serve in 24
374	374	each early voting station in all elections during the hours the early voting stations are 25
375	375	open. An election official appointed under AS 15.10 may also serve as a registration 26
376	376	official. 27
377	377	* Sec. 24. AS 15.20.050 is amended to read: 28
378	378	Sec. 15.20.050. Requirement of full public notice. The director shall give full 29
379	379	public notice of the dates and manner of voting absentee and may select any means of 30
380	380	communication permitted to be used in giving notice of the date and time of the 31 33-LS0227\A
381	381	HB 37 -12- HB0037a
382	382	New Text Underlined [DELETED TEXT BRACKETED]
383	383
384	384	general election. The director shall give notice under this section of the location of 1
385	385	early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 2
386	386	days before each election. 3
387	387	* Sec. 25. AS 15.20.061(a) is amended to read: 4
388	388	(a) A qualified voter may apply in person for an absentee ballot to the 5
389	389	following election officials at the times specified: 6
390	390	(1) to an absentee voting official on or after the 15th day before an 7
391	391	election up to and including the date of the election; 8
392	392	(2) to an election supervisor on or after the 15th day before an election 9
393	393	up to and including the date of the election; 10
394	394	(3) to an absentee voting official at an early [ABSENTEE] voting 11
395	395	station designated under AS 15.20.045(b) on or after the 15th day before an election 12
396	396	up to and including the date of the election; 13
397	397	(4) to an absentee voting official in the precinct in which no volunteers 14
398	398	can be located to serve on the election board on or after the 15th day before an election 15
399	399	up to and including election day. 16
400	400	* Sec. 26. AS 15.20.064(b) is amended to read: 17
401	401	(b) The election supervisor or other election official shall issue a ballot to the 18
402	402	voter upon 19
403	403	(1) exhibition of proof of identification as required in AS 15.15.225; 20
404	404	(2) verification that the voter's residence address appearing on the 21
405	405	official registration list for that election is current; and 22
406	406	(3) the voter's signing the early voting register. 23
407	407	* Sec. 27. AS 15.20.064 is amended by adding a new subsection to read: 24
408	408	(e) If a voter fails to satisfy the requirements of (b) of this section, the voter 25
409	409	shall be allowed to vote an absentee ballot in the manner provided in AS 15.20.061. 26
410	410	* Sec. 28. AS 15.20.072(b) is amended to read: 27
411	411	(b) The voter may, through a representative, request a special needs ballot 28
412	412	from the following election officials at the times specified: 29
413	413	(1) from an absentee voting official on or after the 15th day before an 30
414	414	election, up to and including election day; 31 33-LS0227\A
415	415	HB0037a -13- HB 37
416	416	New Text Underlined [DELETED TEXT BRACKETED]
417	417
418	418	(2) from an election supervisor on or after the 15th day before an 1
419	419	election up to and including election day; 2
420	420	(3) from an absentee voting official at an early [ABSENTEE] voting 3
421	421	station designated under AS 15.20.045(b) on or after the 15th day before an election 4
422	422	up to and including the date of the election; or 5
423	423	(4) from a member of the precinct election board on election day. 6
424	424	* Sec. 29. AS 15.20.081(b) is amended to read: 7
425	425	(b) An application requesting delivery of an absentee ballot to the applicant by 8
426	426	mail must be received by the division of elections not less than 10 days before the 9
427	427	election for which the absentee ballot is sought. An application for an absentee ballot 10
428	428	for a state election from a qualified voter requesting delivery of an absentee ballot to 11
429	429	the applicant by electronic transmission must be received by the division of elections 12
430	430	not later than 5:00 p.m. Alaska time on the day before the election for which the 13
431	431	absentee ballot is sought. An absentee ballot application submitted by mail under this 14
432	432	section must permit the person to register to vote under AS 15.07.070, to declare an 15
433	433	affiliation under AS 15.07.075, if any, and to request an absentee ballot for each state 16
434	434	election held within that calendar year for which the voter is eligible to vote. An 17
435	435	absentee ballot application submitted by electronic transmission under this section 18
436	436	must [MAY NOT] include a provision that permits a person to register to vote under 19
437	437	AS 15.07.070. 20
438	438	* Sec. 30. AS 15.20.081(d) is amended to read: 21
439	439	(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 22
440	440	PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 23
441	441	ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 24
442	442	OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 25
443	443	OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 26
444	444	proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 27
445	445	the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 28
446	446	envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 29
447	447	SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 30
448	448	DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 31 33-LS0227\A
449	449	HB 37 -14- HB0037a
450	450	New Text Underlined [DELETED TEXT BRACKETED]
451	451
452	452	SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 1
453	453	SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 2
454	454	INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 3
455	455	A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 4
456	456	THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 5
457	457	THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 6
458	458	the statements in the voter's certification are true. 7
459	459	* Sec. 31. AS 15.20.081 is amended by adding new subsections to read: 8
460	460	(m) An absentee ballot application must include an option for a qualified voter 9
461	461	to choose to receive absentee ballots by mail for future regularly scheduled state 10
462	462	elections. The division may not require a voter who chooses this option to reapply for 11
463	463	an absentee ballot by mail unless 12
464	464	(1) the voter has not voted an absentee ballot for a period of four years; 13
465	465	or 14
466	466	(2) the voter's previous absentee ballot sent under this section was 15
467	467	returned to the division as undeliverable. 16
468	468	(n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 17
469	469	election, requests in writing or by other means designated in regulations adopted by 18
470	470	the director to receive a ballot in a language other than English in which the division is 19
471	471	required to print election materials under 52 U.S.C. 10503, as amended, the director 20
472	472	shall provide the voter with a ballot and election materials under this section in the 21
473	473	language requested. 22
474	474	* Sec. 32. AS 15.20.201(a) is amended to read: 23
475	475	(a) Not [NO] less than 10 [SEVEN] days preceding the day of election, the 24
476	476	election supervisor, in the presence and with the assistance of the district absentee 25
477	477	ballot counting board, shall begin to review all voter certificates and envelopes of 26
478	478	absentee ballots received by that date. The review of absentee ballots shall continue at 27
479	479	times designated by the election supervisor until completed. An absentee ballot may 28
480	480	not be counted until the accompanying voter certificate has been reviewed. 29
481	481	* Sec. 33. AS 15.20.203(b) is amended to read: 30
482	482	(b) The board shall reject an [AN] absentee ballot [MAY NOT BE 31 33-LS0227\A
483	483	HB0037a -15- HB 37
484	484	New Text Underlined [DELETED TEXT BRACKETED]
485	485
486	486	COUNTED] if 1
487	487	(1) the voter has failed to properly sign [EXECUTE] the certificate; 2
488	488	(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 3
489	489	TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 4
490	490	CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 5
491	491	AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 6
492	492	SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 7
493	493	VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 8
494	494	DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 9
495	495	UNDER AS 15.20.061(c); 10
496	496	(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 11
497	497	DATE OF THE ELECTION; 12
498	498	(4)] the ballot envelope and certificate, if delivered by mail after the 13
499	499	day of the election [POSTMARKED], 14
500	500	(A) is [NOT] postmarked after [ON OR BEFORE] the date of 15
501	501	the election; or 16
502	502	(B) has a United States Postal Service tracking barcode or a 17
503	503	division of elections ballot tracking barcode verifying that the ballot was 18
504	504	mailed after the date of the election; 19
505	505	(3) [(5)] after the day of election, the ballot was delivered by a means 20
506	506	other than mail; 21
507	507	(4) [OR (6)] the voter voted 22
508	508	(A) in person and is a 23
509	509	(i) first-time voter who initially registered by mail or by 24
510	510	facsimile or other electronic transmission approved by the director 25
511	511	under AS 15.07.050, has not provided the identification required by 26
512	512	AS 15.15.225(a), was not eligible for waiver of the identification 27
513	513	requirement under AS 15.15.225(b), and has not provided the 28
514	514	identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 29
515	515	through state agency records described in AS 15.07.055(e); or 30
516	516	(ii) voter other than one described in (i) of this 31 33-LS0227\A
517	517	HB 37 -16- HB0037a
518	518	New Text Underlined [DELETED TEXT BRACKETED]
519	519
520	520	subparagraph, did not provide identification described in 1
521	521	AS 15.15.225(a), was not personally known by the election official, 2
522	522	and has not provided the identifiers required in AS 15.07.060(a)(2) and 3
523	523	(3); or 4
524	524	(B) by mail or electronic transmission, is a first-time voter who 5
525	525	initially registered by mail or by facsimile or other electronic transmission 6
526	526	approved by the director under AS 15.07.050 to vote, has not met the 7
527	527	identification requirements set out in AS 15.07.060, and does not submit with 8
528	528	the ballot a copy of a 9
529	529	(i) driver's license, state identification card, current and 10
530	530	valid photo identification, birth certificate, passport, or hunting or 11
531	531	fishing license; or 12
532	532	(ii) current utility bill, bank statement, paycheck, 13
533	533	government check, or other government document; an item described 14
534	534	in this sub-subparagraph must show the name and current address of 15
535	535	the voter; or 16
536	536	(5) the voter did not vote absentee in-person and the signature on 17
537	537	the certificate is not consistent with the voter's signature in voter registration 18
538	538	records. 19
539	539	* Sec. 34. AS 15.20.203 is amended by adding a new subsection to read: 20
540	540	(k) Except for a voter who voted absentee in-person, the district absentee 21
541	541	counting board shall determine whether a voter's signature on the certificate is 22
542	542	consistent with the voter's signature in voter registration records using a signature 23
543	543	verification process that includes signature comparison software, according to a 24
544	544	procedure provided in regulations adopted by the director. An election official may not 25
545	545	determine that the signature on a voter's return envelope does not match the signature 26
546	546	stored in the voter's registration record solely based on substitution of initials or use of 27
547	547	a common nickname. The director shall provide training in signature comparison and 28
548	548	the use of signature comparison software to election officials who compare signatures 29
549	549	under this section. 30
550	550	* Sec. 35. AS 15.20.220(b) is amended to read: 31 33-LS0227\A
551	551	HB0037a -17- HB 37
552	552	New Text Underlined [DELETED TEXT BRACKETED]
553	553
554	554	(b) The state review board shall review and count absentee ballots under 1
555	555	AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 2
556	556	questioned ballots that have been forwarded to the director and that have not been 3
557	557	reviewed or counted by a district counting board. 4
558	558	* Sec. 36. AS 15.20 is amended by adding new sections to read: 5
559	559	Sec. 15.20.221. Ballot tracking system. (a) The director shall establish an 6
560	560	online ballot tracking system. The director may procure the system from a third party. 7
561	561	The system must be designed to allow a voter to easily use the system through a 8
562	562	mobile electronic device. The system must allow a voter to 9
563	563	(1) confirm that the voter's ballot has been sent by the division; 10
564	564	(2) track the date of the ballot's delivery to the voter; 11
565	565	(3) confirm the division's receipt of the voter's ballot; 12
566	566	(4) determine whether the voter's certificate has been reviewed; 13
567	567	(5) determine whether the voter's ballot has been counted; and 14
568	568	(6) provide the information necessary to cure a rejected ballot. 15
569	569	(b) The online system must indicate to a voter 16
570	570	(1) the process by which the voter may cure the lack of signature or 17
571	571	verify the voter's identity, if the signature on the voter's ballot was missing or was 18
572	572	determined to not match the signature in the voter's registration record under 19
573	573	AS 15.20.203(k); and 20
574	574	(2) the reason the voter's ballot was not counted, if the ballot was not 21
575	575	counted. 22
576	576	(c) The division may not charge a voter a fee to use the online system. 23
577	577	Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 24
578	578	a ballot that is rejected because the voter does not have a signature stored in voter 25
579	579	registration records, the certificate is missing a signature, the signature on the 26
580	580	certificate is determined under AS 15.20.203 to not match the signature in voter 27
581	581	registration records, or the voter provided insufficient voter identification, the director 28
582	582	shall immediately make a reasonable effort to contact the voter, explain the ballot 29
583	583	deficiency, explain how the deficiency may be cured, and inform the voter of the 30
584	584	deadline to cure the ballot. The director shall, within 24 hours, attempt to begin 31 33-LS0227\A
585	585	HB 37 -18- HB0037a
586	586	New Text Underlined [DELETED TEXT BRACKETED]
587	587
588	588	sending notices of deficiency by electronic mail to the voter's electronic mail address 1
589	589	if the voter has provided an electronic mail address. If the voter has provided a 2
590	590	telephone number, the director shall, within 24 hours, attempt to notify the voter of the 3
591	591	deficiency by telephone call and text message. The director shall, within 48 hours and 4
592	592	not later than five days after election day, send a notice of deficiency by first class, 5
593	593	nonforwardable mail to the address on the voter's registration record. 6
594	594	(b) A notice of deficiency must include an explanation of the need for a 7
595	595	signature for verification purposes. The notice must include a form for the voter to 8
596	596	confirm that the voter returned a ballot to the division, provide a copy of a form of 9
597	597	identification accepted by the division under AS 15.15.225(a), and provide a signature 10
598	598	for verification. The director shall provide a printed copy of the form with the notice 11
599	599	of deficiency mailed to the voter. The director shall also make the form available in a 12
600	600	format that can be completed and returned electronically. 13
601	601	(c) The rejected ballot of a voter who received a notice of deficiency may be 14
602	602	counted only if 15
603	603	(1) the voter returns the form sent with the notice of deficiency, the 16
604	604	division receives the form within 14 days after election day, and the form confirms 17
605	605	that the voter returned a ballot to the division; 18
606	606	(2) the voter provides a signature and includes a copy of a form of 19
607	607	identification accepted by the division under AS 15.15.225(a); and 20
608	608	(3) the ballot is otherwise valid. 21
609	609	(d) The director shall, if applicable, send copies of the signature on the voter's 22
610	610	return envelope and the signature stored in voter registration records to the attorney 23
611	611	general for investigation if the voter returns the form and the form indicates that the 24
612	612	voter did not return a ballot to the division. 25
613	613	(e) The division shall update the signature stored in voter registration records 26
614	614	if the voter, after providing a copy of a form of identification accepted by the division 27
615	615	under AS 15.15.225(a), either provides a signature for the voter's missing signature or 28
616	616	cures a nonmatching signature under this section.
617	617	29
618	618	* Sec. 37. AS 15.20.800(a) is amended to read: 30
619	619	(a) The director may conduct an election by mail 31 33-LS0227\A
620	620	HB0037a -19- HB 37
621	621	New Text Underlined [DELETED TEXT BRACKETED]
622	622
623	623	(1) in an unincorporated community with a population of 750 or 1
624	624	less if the director determines that, because of an inability to hire election 2
625	625	workers, facilitating organized in-person voting in the community is 3
626	626	unreasonable; 4
627	627	(2) in an area affected or threatened by a disaster while a disaster 5
628	628	declaration under AS 26.23.020 is in effect if the governor declares the emergency 6
629	629	because of 7
630	630	(A) an incident described in AS 26.23.900(2)(A); 8
631	631	(B) an outbreak of disease or a credible threat of an 9
632	632	imminent outbreak of disease; or 10
633	633	(C) an enemy or terrorist attack or a credible threat of an 11
634	634	imminent enemy or terrorist attack; or 12
635	635	(3) if it is held at a time other than when the general, [PARTY] 13
636	636	primary, or municipal election is held. 14
637	637	* Sec. 38. AS 15.56.030(d) is amended to read: 15
638	638	(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 16
639	639	(1) includes 17
640	640	(A) an entry in a game of chance in which a prize of money or 18
641	641	other present or future pecuniary gain or advantage may be awarded to a 19
642	642	participant wherein the total of the prizes offered is greater than $2 per 20
643	643	participant with a maximum of $100; and 21
644	644	(B) government employment or benefits; 22
645	645	(2) does not include 23
646	646	(A) materials having a nominal value bearing the name, 24
647	647	likeness, or other identification of a candidate, political party, political group, 25
648	648	party district committee, or organization, or stating a position on a ballot 26
649	649	proposition or question; 27
650	650	(B) food and refreshments provided incidental to an activity 28
651	651	that is nonpartisan in nature and directed at encouraging persons to vote, or 29
652	652	incidental to a gathering in support of or in opposition to a candidate, political 30
653	653	party, political group, party district committee, organization, or ballot question 31 33-LS0227\A
654	654	HB 37 -20- HB0037a
655	655	New Text Underlined [DELETED TEXT BRACKETED]
656	656
657	657	or proposition; 1
658	658	(C) care of the voter's dependents provided in connection with 2
659	659	the absence of a voter from home for the purpose of voting; 3
660	660	(D) services provided by a person acting as a representative 4
661	661	under AS 15.20.072; 5
662	662	(E) services provided by an election official as defined in 6
663	663	AS 15.80.010; [AND] 7
664	664	(F) transportation of a voter to or from the polls without 8
665	665	charge; and 9
666	666	(G) postage-paid return envelopes required in 10
667	667	AS 15.20.030. 11
668	668	* Sec. 39. AS 15.56.199(1) is amended to read: 12
669	669	(1) "election" includes a local election as defined in AS 15.80.010 in 13
670	670	addition to an [A STATE] election conducted by the division; 14
671	671	* Sec. 40. AS 15.80 is amended by adding a new section to read: 15
672	672	Sec. 15.80.009. Election worker minimum compensation. The division shall 16
673	673	pay not less than 17
674	674	(1) $15.00 an hour to election board workers for time spent performing 18
675	675	their election duties; 19
676	676	(2) $15.50 an hour to election board chairs for time spent performing 20
677	677	their election duties; 21
678	678	(3) $15.00 an hour to district absentee ballot review board members, 22
679	679	questioned ballot review board members, and absentee voting officials for time spent 23
680	680	performing their election duties; 24
681	681	(4) $15.50 an hour to officials at early voting stations for time spent 25
682	682	performing their election duties; 26
683	683	(5) $15.00 an hour to ballot tabulation coordinators, polling place field 27
684	684	workers, individuals appointed as personal representatives, and absentee and 28
685	685	questioned ballot processors for time spent performing their election duties; 29
686	686	(6) $12.50 an hour to extra election day and election night workers and 30
687	687	write-in counting team members for time spent performing their election duties. 31 33-LS0227\A
688	688	HB0037a -21- HB 37
689	689	New Text Underlined [DELETED TEXT BRACKETED]
690	690
691	691	* Sec. 41. AS 29.20.380(c) is amended to read: 1
692	692	(c) The municipal clerk may act as an absentee voting official under 2
693	693	AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 3
694	694	voters or qualified voters' representatives under AS 15.20.072 in a municipality in 4
695	695	which the division of elections will not be operating an early [ABSENTEE] voting 5
696	696	station under AS 15.20.045(b). 6
697	697	* Sec. 42. AS 29.26.050 is amended by adding a new subsection to read: 7
698	698	(d) Except as a municipality may require for elections held only in specific 8
699	699	local election districts or service areas under (b) of this section, a person who has lived 9
700	700	within the municipality for at least 30 days, but who has not registered to vote in state 10
701	701	elections at a residence address within the municipality at least 30 days before a 11
702	702	municipal election, may vote only an absentee, special needs, or questioned ballot in 12
703	703	that election. The municipality may not reject the absentee, special needs, or 13
704	704	questioned ballot of a qualified voter who registers within 30 days before or on the day 14
705	705	of an election on the grounds that the voter is not on the official registration list for the 15
706	706	election. 16
707	707	* 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
708	708	repealed. 18
709	709	* Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 19
710	710	read: 20
711	711	REPORT TO THE LEGISLATURE. The division of elections shall provide a report 21
712	712	to the legislature by November 1, 2025, recommending options for expanding early voting in 22
713	713	rural communities and low-income neighborhoods. The division shall deliver the report to the 23
714	714	senate secretary and the chief clerk of the house of representatives and notify the legislature 24
715	715	that the report is available. In this section, 25
716	716	(1) "low-income neighborhood" means a neighborhood where the median 26
717	717	family income is below 80 percent of the statewide median family income; 27
718	718	(2) "rural community" means a community with a population of 7,500 or less 28
719	719	that is not connected by road or rail to Anchorage or Fairbanks or a community with a 29
720	720	population of 3,500 or less that is connected by road or rail to Anchorage or Fairbanks. 30
721	721	* Sec. 45. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-LS0227\A
722	722	HB 37 -22- HB0037a
723	723	New Text Underlined [DELETED TEXT BRACKETED]
724	724
725	725	read: 1
726	726	APPLICABILITY. AS 15.56.030(d), as amended by sec. 38 of this Act, applies to 2
727	727	offenses committed on or after the effective date of sec. 38 of this Act. 3
728	728	* Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 4
729	729	read: 5
730	730	TRANSITION: REGULATIONS. The division of elections may adopt regulations 6
731	731	necessary to implement the changes made by this Act. The regulations take effect under 7
732	732	AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 8
733	733	implemented by the regulation. 9
734	734	* Sec. 47. Section 46 of this Act takes effect immediately under AS 01.10.070(c). 10
735	735	* Sec. 48. Except as provided in sec. 47 of this Act, this Act takes effect January 1, 2024. 11