Alaska 2023-2024 Regular Session

Alaska Senate Bill SB1 Compare Versions

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

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11	11	SENATE BILL NO. 1
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
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17	17	BY SENATOR SHOWER
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19	19	Introduced: 1/9/23
20	20	Referred: Prefiled
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22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
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27	27	"An Act relating to election security, voting, and ballots; and providing for an effective 1
28	28	date." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 15.15.030 is amended by adding a new paragraph to read: 4
31	31	(18) An official ballot, including an electronic ballot, must contain a 5
32	32	watermark, seal, or other security identifier. The division may not count a ballot that 6
33	33	does not include the watermark, seal, or other security identifier. In this paragraph, 7
34	34	"security identifier" includes an election official's signature. 8
35	35	* Sec. 2. AS 15.15 is amended by adding new sections to read: 9
36	36	Sec. 15.15.055. Ballot security and chain of custody. (a) The director shall 10
37	37	adopt a regulation providing for a ballot security and chain of custody system to 11
38	38	account for the original of each used and unused ballot, absentee ballot certificate and 12
39	39	envelope, and the paper record of an electronically generated ballot under 13
40	40	AS 15.15.032 through a redundant, secure, and sealed system that accounts for the 14 33-LS0001\A
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44	44	location and entity that has custody of a ballot or record from the time the ballot is 1
45	45	printed or paper record produced, until 22 months after the applicable election is 2
46	46	certified under AS 15.15.450. The system must include, for each ballot that leaves the 3
47	47	division's immediate custody, an envelope-based barcode or other mechanism 4
48	48	sufficient to account for ballot chain of custody at all times the ballot is outside 5
49	49	division custody. The division shall continually update the system adopted under this 6
50	50	section to ensure that state election practices and procedures are consistent with best 7
51	51	practices and procedures and protect the integrity of state elections held under this 8
52	52	title. A signed ballot chain-of-custody document must accompany a ballot or group of 9
53	53	ballots in the division's possession. An election official shall sign the document 10
54	54	immediately upon receiving or releasing a ballot or group of ballots. 11
55	55	(b) The director shall adopt a regulation specifying a process to, following the 12
56	56	closing of the polls, void all unused ballots, spoiled ballots, and unopened packs of 13
57	57	ballots without mutilating or destroying the forensic integrity of the unused ballots, 14
58	58	spoiled ballots, or unopened packs of ballots. 15
59	59	Sec. 15.15.057. Election offense hotline. (a) The director shall establish a toll-16
60	60	free election offense hotline to receive telephone calls reporting election offenses 17
61	61	under this chapter. The director shall publicize the availability of the toll-free hotline 18
62	62	and encourage the public to provide information to the division related to voter 19
63	63	misconduct or other election offenses under this chapter. The director shall ensure the 20
64	64	hotline is continuously staffed during the hours an absentee voting station is open 21
65	65	under AS 15.20.045, during the hours an early voting location is open under 22
66	66	AS 15.20.064, and for 24 hours after the time the polls open on election day. From 24 23
67	67	hours after the polls open until all election results are certified under AS 15.15.450, 24
68	68	the director shall ensure an election official is available to respond to calls made to the 25
69	69	hotline. 26
70	70	(b) The director shall have the election offense hotline number placed on 27
71	71	voting machines, ballot envelopes, and other election materials in a manner the 28
72	72	director determines will provide maximum public notice of the election offense 29
73	73	hotline. 30
74	74	* Sec. 3. AS 15.15.060 is amended by adding a new subsection to read: 31 33-LS0001\A
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78	78	(f) The director shall provide each election board in the state with notices 1
79	79	containing the telephone number of the election offense hotline established under 2
80	80	AS 15.15.057(a). The election board shall post at least two of the notices in each 3
81	81	polling place. The election board shall post the notices so that the notices are 4
82	82	conspicuous to voters. 5
83	83	* Sec. 4. AS 15.15.250 is amended to read: 6
84	84	Sec. 15.15.250. Disposition of spoiled ballot. If a voter improperly marks, 7
85	85	damages, or otherwise spoils a ballot, the voter may request and the election board 8
86	86	shall provide another ballot, with a maximum of three. The board shall record on the 9
87	87	precinct register that there was a spoiled ballot and void and secure [DESTROY] the 10
88	88	spoiled ballot immediately without examining it. 11
89	89	* Sec. 5. AS 15.20.020 is amended to read: 12
90	90	Sec. 15.20.020. Provision for general administrative supervision. The 13
91	91	director shall provide general administrative supervision over the conduct of absentee 14
92	92	voting. The director shall make available instructions to absentee voters regarding the 15
93	93	procedure for absentee voting and use of the online multi-factor authentication 16
94	94	system for tracking absentee ballots established under AS 15.20.221. 17
95	95	* Sec. 6. AS 15.20.064 is amended by adding a new subsection to read: 18
96	96	(e) If a voter fails to satisfy the requirements of (b) of this section, the voter 19
97	97	shall be allowed to vote a questioned ballot. 20
98	98	* Sec. 7. AS 15.20.081(e) is amended to read: 21
99	99	(e) An absentee ballot must be marked on or before the date of the election. 22
100	100	Except as provided in (h) of this section, a voter who returns the absentee ballot by 23
101	101	mail, whether provided to the voter by mail or by electronic transmission, shall use a 24
102	102	mail service at least equal to first class and mail the ballot not later than the day of the 25
103	103	election to the election supervisor for the house district in which the voter seeks to 26
104	104	vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 27
105	105	received by the close of business on the 10th day after the election. [IF THE BALLOT 28
106	106	IS POSTMARKED, IT MUST BE POSTMARKED ON OR BEFORE ELECTION 29
107	107	DAY.] After the day of the election, ballots may not be accepted unless received by 30
108	108	mail. A ballot received after the day of the election that is not postmarked or is 31 33-LS0001\A
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112	112	postmarked after the day of the election may not be counted unless the ballot 1
113	113	envelope is marked with a United States Postal Service tracking barcode 2
114	114	sufficient to verify that the ballot was mailed on or before the day of the election. 3
115	115	* Sec. 8. AS 15.20.203(b) is amended to read: 4
116	116	(b) An absentee ballot shall [MAY NOT] be rejected [COUNTED] if 5
117	117	(1) the voter has failed to properly sign [EXECUTE] the certificate; 6
118	118	(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 7
119	119	TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 8
120	120	CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 9
121	121	AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 10
122	122	SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 11
123	123	VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 12
124	124	DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 13
125	125	UNDER AS 15.20.061(c); 14
126	126	(3)] the certificate [BALLOT] is not signed [ATTESTED] on or 15
127	127	before the date of the election; 16
128	128	(3) [(4)] the ballot envelope, if delivered by mail after the day of the 17
129	129	election [POSTMARKED], 18
130	130	(A) is not postmarked on or before the date of the election; or 19
131	131	(B) does not have a United States Postal Service tracking 20
132	132	barcode sufficient to verify that the ballot was mailed on or before the day 21
133	133	of the election; 22
134	134	(4) [(5)] after the day of election, the ballot was delivered by a means 23
135	135	other than mail; or 24
136	136	(5) [(6)] the voter voted 25
137	137	(A) in person and is a 26
138	138	(i) first-time voter who initially registered by mail or by 27
139	139	facsimile or other electronic transmission approved by the director 28
140	140	under AS 15.07.050, has not provided the identification required by 29
141	141	AS 15.15.225(a), was not eligible for waiver of the identification 30
142	142	requirement under AS 15.15.225(b), and has not provided the 31 33-LS0001\A
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146	146	identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 1
147	147	through state agency records described in AS 15.07.055(e); or 2
148	148	(ii) voter other than one described in (i) of this 3
149	149	subparagraph, did not provide identification described in 4
150	150	AS 15.15.225(a), was not personally known by the election official, 5
151	151	and has not provided the identifiers required in AS 15.07.060(a)(2) and 6
152	152	(3); or 7
153	153	(B) by mail or electronic transmission, is a first-time voter who 8
154	154	initially registered by mail or by facsimile or other electronic transmission 9
155	155	approved by the director under AS 15.07.050 to vote, has not met the 10
156	156	identification requirements set out in AS 15.07.060, and does not submit with 11
157	157	the ballot a copy of a 12
158	158	(i) driver's license, state identification card, current and 13
159	159	valid photo identification, birth certificate, passport, or hunting or 14
160	160	fishing license; or 15
161	161	(ii) current utility bill, bank statement, paycheck, 16
162	162	government check, or other government document; an item described 17
163	163	in this sub-subparagraph must show the name and current address of 18
164	164	the voter. 19
165	165	* Sec. 9. AS 15.20.220(b) is amended to read: 20
166	166	(b) The state review board shall review and count absentee ballots under 21
167	167	AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 22
168	168	questioned ballots that have been forwarded to the director and that have not been 23
169	169	reviewed or counted by a district counting board. 24
170	170	* Sec. 10. AS 15.20 is amended by adding new sections to read: 25
171	171	Sec. 15.20.221. Ballot tracking system. (a) The director shall establish an 26
172	172	online multi-factor authentication system. The director may procure the system from a 27
173	173	third party. The system must be designed to allow a voter to easily use the system 28
174	174	through a mobile electronic device. The system must allow a voter to 29
175	175	(1) confirm that the voter's ballot has been sent by the division; 30
176	176	(2) track the date of the ballot's delivery to the voter; 31 33-LS0001\A
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180	180	(3) confirm the division's receipt of the voter's ballot; 1
181	181	(4) determine whether the voter's certificate has been reviewed; 2
182	182	(5) determine whether the voter's ballot has been counted; and 3
183	183	(6) provide the information necessary to cure a rejected ballot. 4
184	184	(b) The online multi-factor authentication system must 5
185	185	(1) use multi-factor authentication to verify a voter's identity; and 6
186	186	(2) indicate to a voter 7
187	187	(A) the process by which the voter may cure the lack of 8
188	188	signature or verify the voter's identity, if the signature on the voter's ballot was 9
189	189	missing; and 10
190	190	(B) the reason the voter's ballot was not counted, if the ballot 11
191	191	was not counted. 12
192	192	(c) The division may not charge a voter a fee to use the online multi-factor 13
193	193	authentication system. 14
194	194	Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 15
195	195	a ballot and the certificate is missing a signature or the ballot is rejected under 16
196	196	AS 15.20.203(b)(5), the director shall immediately make a reasonable effort to contact 17
197	197	the voter, explain the ballot deficiency, explain how the deficiency may be cured, and 18
198	198	inform the voter of the deadline to cure the ballot. The director shall, within 48 hours 19
199	199	and not later than five days after election day, send a notice of deficiency by first 20
200	200	class, nonforwardable mail to the address on the voter's registration record and by 21
201	201	electronic mail to the voter's electronic mail address if the voter has provided an 22
202	202	electronic mail address. If the voter has provided a telephone number, the director 23
203	203	shall attempt to notify the voter of the deficiency by telephone call or text message to 24
204	204	the voter's telephone number. 25
205	205	(b) A notice of deficiency must include a form for the voter to confirm that the 26
206	206	voter returned a ballot to the division and to provide a copy of identification accepted 27
207	207	by the division under AS 15.15.225(a). The director shall provide a printed copy of the 28
208	208	form with the notice of deficiency mailed to the voter. The director shall also make the 29
209	209	form available in a format that can be completed and returned electronically. 30
210	210	(c) The ballot of a voter who received a notice of deficiency may be counted 31 33-LS0001\A
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214	214	only if 1
215	215	(1) the voter returns the form sent with the notice of deficiency, the 2
216	216	division receives the form within 14 days after election day, and the form confirms 3
217	217	that the voter returned a ballot to the division; 4
218	218	(2) the voter confirms that the voter returned a ballot to the division 5
219	219	and includes a copy of identification accepted by the division under AS 15.15.225(a); 6
220	220	and 7
221	221	(3) the ballot is otherwise valid. 8
222	222	* Sec. 11. AS 15.20.900 is amended by adding new subsections to read: 9
223	223	(c) The division shall conduct a routine forensic examination of each precinct 10
224	224	tabulator before and after each election. 11
225	225	(d) A precinct tabulator may not be connected to the Internet or a cellular 12
226	226	network from 24 hours before the polls open on election day until 14 days after the 13
227	227	polls close. During this time, all tabulator data shall be loaded from the tabulator onto 14
228	228	a separate storage device and transmitted from a computer that is not connected to the 15
229	229	tabulator. 16
230	230	(e) The division shall develop and apply strict chain-of-custody protocols for 17
231	231	precinct tabulators and the separate storage device. 18
232	232	(f) The division shall provide a technical subject matter expert appointed 19
233	233	under AS 24.20.060(10) full supervised access to all election data, algorithms, 20
234	234	software, and equipment, including precinct tabulators, storage devices, voting 21
235	235	machines, and vote tally systems. 22
236	236	* Sec. 12. AS 15.80 is amended by adding a new section to read: 23
237	237	Sec. 15.80.006. Cybersecurity. (a) The director shall, by regulation, develop a 24
238	238	cybersecurity program to defend the voter registration records kept by the division 25
239	239	against cyber attacks and data breaches and enable the division to detect and recover 26
240	240	from cyber attacks. The program must include cybersecurity training for election 27
241	241	officials. 28
242	242	(b) The director shall develop a nonpublic list of registered voters whose 29
243	243	numerical identifiers have been released in a breach of data maintained by the division 30
244	244	and shall exercise caution to protect election integrity. 31 33-LS0001\A
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248	248	* Sec. 13. AS 24.20.060 is amended to read: 1
249	249	Sec. 24.20.060. Powers. The legislative council has the power 2
250	250	(1) to organize and adopt rules for the conduct of its business; 3
251	251	(2) to hold public hearings, administer oaths, issue subpoenas, compel 4
252	252	the attendance of witnesses and production of papers, books, accounts, documents, and 5
253	253	testimony, and to have the deposition of witnesses taken in a manner prescribed by 6
254	254	court rule or law for taking depositions in civil actions when consistent with the 7
255	255	powers and duties assigned to the council by AS 24.20.010 - 24.20.140; 8
256	256	(3) to call upon all state officials, agencies, and institutions to give full 9
257	257	cooperation to the council and its executive director by collecting and furnishing 10
258	258	information, conducting studies, and making recommendations; 11
259	259	(4) in addition to providing the administrative services required for the 12
260	260	operation of the legislative branch, 13
261	261	(A) to provide the technical staff assistance in research, 14
262	262	reporting, drafting, and counseling requested by standing, interim, and special 15
263	263	committees and spot research and drafting services for individual members in 16
264	264	conformity with law and legislative rules; 17
265	265	(B) to conduct a continuing program for the revision and 18
266	266	publication of the acts of the legislature; 19
267	267	(C) to execute a program for the oversight of the administration 20
268	268	and construction of laws by state agencies and the courts through regulations, 21
269	269	opinions, and rulings; 22
270	270	(D) to operate and maintain the state legislative reference 23
271	271	library; 24
272	272	(E) to do all things necessary to carry out legislative directives 25
273	273	and law, and the duties set out in the uniform rules of the legislature; 26
274	274	(F) to sue in the name of the legislature during the interim 27
275	275	between sessions if authorized by majority vote of the full membership of the 28
276	276	council; 29
277	277	(5) to exercise control and direction over all legislative space, supplies, 30
278	278	and equipment and permanent legislative help between legislative sessions; the 31 33-LS0001\A
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282	282	exercise of control over legislative space is subject to AS 36.30.080(c) if the exercise 1
283	283	involves the rent or lease of facilities, and to AS 36.30.085 if the exercise involves the 2
284	284	acquisition of facilities by lease-purchase or lease-financing agreement; 3
285	285	(6) to produce, publish, distribute, and to contract for the printing of 4
286	286	reports, memoranda, and other materials it finds necessary to the accomplishment of 5
287	287	its work; 6
288	288	(7) to take appropriate action for the preconvening and post-session 7
289	289	work of each legislative session including the employment one week in advance of 8
290	290	each session of not more than 10 temporary legislative employees; the continuing 9
291	291	employment of the temporary legislative employees is subject to legislative approval 10
292	292	when the session convenes; 11
293	293	(8) to establish a legislative internship program on a cooperative basis 12
294	294	with the University of Alaska that will provide for the assignment of interns to 13
295	295	standing committees of each house of the legislature during regular sessions of the 14
296	296	legislature; [AND] 15
297	297	(9) to establish reasonable fees for services and materials provided by 16
298	298	the Legislative Affairs Agency to entities outside of the legislative branch of state 17
299	299	government and charges for collecting the fees; all fees and charges collected under 18
300	300	this paragraph shall be deposited into the general fund; and 19
301	301	(10) contract with and appoint technical subject matter experts to 20
302	302	conduct full forensic audits of election data, algorithms, software, and equipment, 21
303	303	including precinct tabulators, storage devices, voting machines, and vote tally 22
304	304	systems. 23
305	305	* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 24
306	306	read: 25
307	307	TRANSITION: REGULATIONS. The division of elections may adopt regulations 26
308	308	necessary to implement the changes made by this Act. The regulations take effect under 27
309	309	AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 28
310	310	implemented by the regulation. 29
311	311	* Sec. 15. Section 14 of this Act takes effect immediately under AS 01.10.070(c). 30
312	312	* Sec. 16. Except as provided in sec. 15 of this Act, this Act takes effect January 1, 2024. 31