Alaska 2023-2024 Regular Session

Alaska Senate Bill SB138 Compare Versions

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2-SB0138C -1- CSSB 138(FIN)
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10-CS FOR SENATE BILL NO. 138(FIN)
10+CS FOR SENATE BILL NO. 138(STA)
1111
1212 IN THE LEGISLATURE OF THE STATE OF ALASKA
1313
1414 THIRTY-THIRD LEGISLATURE - FIRST SESSION
1515
16-BY THE SENATE FINANCE COMMITTEE
16+BY THE SENATE STATE AFFAIRS COMMITTEE
1717
18-Offered: 5/13/23
19-Referred: Today's Calendar
18+Offered: 5/3/23
19+Referred: Finance
2020
2121 Sponsor(s): SENATE STATE AFFAIRS COMMITTEE
2222 A BILL
2323
2424 FOR AN ACT ENTITLED
2525
2626 "An Act relating to elections; relating to voters; relating to voting; relating to offices of 1
2727 the Alaska Public Offices Commission; relating to the crime of unlawful interference 2
2828 with voting in the first degree; relating to campaign signs; relating to the reporting of 3
2929 financial and business interests by certain municipal officers and former officers and 4
3030 candidates for municipal office; relating to the Redistricting Board; and providing for 5
3131 an effective date." 6
3232 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
33- * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
33+ "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
3434 to read: 9
3535 LEGISLATIVE INTENT: TRANSPARENCY. It is the intent of the legislature that 10
3636 the division of elections, in order to increase transparency and ensure trust in the integrity of 11
3737 the state's vote counting and tabulation process and to allow members of the public to verify 12
38-the accuracy of ranked-choice tabulations, 13 33-LS0783\U
39-CSSB 138(FIN) -2- SB0138C
38+the accuracy of ranked-choice tabulations, 13 33-LS0783\S
39+CSSB 138(STA) -2- SB0138B
4040 New Text Underlined [DELETED TEXT BRACKETED]
4141
4242 (1) in accordance with national best practices for reporting results of ranked-1
4343 choice voting elections, include preliminary ranked-choice tabulations when releasing 2
4444 preliminary election results; and 3
4545 (2) periodically throughout the vote counting process post updated cast vote 4
4646 record files that include anonymized records indicating the ranking order of each ballot cast. 5
4747 * Sec. 2. AS 15.05.010 is amended to read: 6
4848 Sec. 15.05.010. Voter qualification. A person may vote at any election who 7
4949 (1) is a citizen of the United States; 8
5050 (2) is 18 years of age or older; 9
5151 (3) has been a resident of the state and of the house district in which 10
5252 the person seeks to vote for at least 30 days just before the election; and 11
5353 (4) has registered [BEFORE THE ELECTION] as required under 12
5454 AS 15.07 and is not registered to vote in another jurisdiction. 13
5555 * Sec. 3. AS 15.05.020 is amended to read: 14
5656 Sec. 15.05.020. Rules for determining residence of voter. For the purpose of 15
5757 determining residence for voting, the place of residence is governed by the following 16
5858 rules: 17
5959 (1) A person may not be considered to have gained a residence solely 18
6060 by reason of presence nor may a person lose it solely by reason of absence while in the 19
6161 civil or military service of this state or of the United States or of absence because of 20
6262 marriage to a person engaged in the civil or military service of this state or the United 21
6363 States, while a student at an institution of learning, while in an institution or asylum at 22
6464 public expense, while confined in public prison, while engaged in the navigation of 23
6565 waters of this state or the United States or of the high seas, while residing upon an 24
6666 Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 25
6767 Alaska Veterans' Home. 26
6868 (2) The residence of a person is that place in which the person's 27
69-physical habitation is fixed, and to which, whenever absent, the person has an 28
70-articulable and reasonable plan [THE INTENTION] to return. If a person resides in 29
69+physical habitation is fixed, and to which, whenever absent, the person has a definite, 28
70+articulable, and reasonable plan [THE INTENTION] to return. If a person resides in 29
7171 one place, but does business in another, the former is the person's place of residence. 30
72-Temporary work sites do not constitute a dwelling place. 31 33-LS0783\U
73-SB0138C -3- CSSB 138(FIN)
72+Temporary work sites do not constitute a dwelling place. 31 33-LS0783\S
73+SB0138B -3- CSSB 138(STA)
7474 New Text Underlined [DELETED TEXT BRACKETED]
7575
7676 (3) [A CHANGE OF RESIDENCE IS MADE ONLY BY THE ACT 1
7777 OF REMOVAL JOINED WITH THE INTENT TO REMAIN IN ANOTHER 2
7878 PLACE.] There can only be one residence. 3
7979 (4) A person does not lose residence if the person leaves home and 4
8080 goes to another country, state, or place in this state for temporary purposes only and 5
8181 with the intent of returning to the person's residence. 6
8282 (5) A person does not gain residence in any place to which the person 7
8383 comes without the present intention to establish a permanent dwelling at that place. 8
8484 (6) A person loses residence in this state if the person establishes 9
8585 residence in another state or votes in another state's election, either in person or by 10
8686 absentee ballot, and will not be eligible to vote in this state until again qualifying 11
8787 under AS 15.05.010. 12
8888 (7) The term of residence is computed by including the day on which 13
8989 the person's residence begins and excluding the day of election. 14
9090 (8) The address of a voter as it appears on the official voter registration 15
9191 record is presumptive evidence of the person's voting residence. This presumption is 16
9292 negated [ONLY] if the voter notifies the director in writing of a change of voting 17
9393 residence. When a voter's qualification is questioned under AS 15.15.210 or 18
9494 challenged in accordance with the procedure adopted in regulation under 19
9595 AS 15.20.215, the presumption may be rebutted by providing evidence to the 20
9696 division that the voter has established residence in another state or place in this 21
9797 state or evidence that the voter is not a resident under (2) - (7) of this section. 22
9898 * Sec. 4. AS 15.07.060(a) is amended to read: 23
9999 (a) Each applicant who requests registration or reregistration shall supply the 24
100100 following information: 25
101101 (1) the applicant's name and sex; 26
102102 (2) if issued, the applicant's State of Alaska driver's license number or 27
103103 State of Alaska identification card number, or the last four digits of the applicant's 28
104104 social security number; 29
105105 (3) the applicant's date of birth; 30
106-(4) the applicant's Alaska residence address; 31 33-LS0783\U
107-CSSB 138(FIN) -4- SB0138C
106+(4) the applicant's Alaska residence address; 31 33-LS0783\S
107+CSSB 138(STA) -4- SB0138B
108108 New Text Underlined [DELETED TEXT BRACKETED]
109109
110110 (5) a statement of whether the applicant has previously been registered 1
111111 to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 2
112112 previous registration; 3
113113 (6) a declaration that the applicant will be 18 years of age or older 4
114114 within 90 days after the date of registration; 5
115115 (7) a declaration that the applicant is a citizen of the United States; 6
116116 (8) the date of application; 7
117117 (9) the applicant's signature or mark, or an electronic image of the 8
118118 applicant's signature submitted in the format and according to the process 9
119119 specified by the division in regulation; 10
120120 (10) any former name under which the applicant was registered to vote 11
121121 in the state; 12
122122 (11) an attestation that the information provided by the applicant in (1) 13
123123 - (10) of this subsection is true; and 14
124124 (12) a certification that the applicant understands that a false statement 15
125-on the application may make the applicant subject to prosecution for a misdemeanor 16
126-under this title or AS 11. 17
125+on the application may make the applicant subject to prosecution [FOR A 16
126+MISDEMEANOR] under this title or for perjury under AS 11. 17
127127 * Sec. 5. AS 15.07.060 is amended by adding new subsections to read: 18
128128 (g) The division shall provide an applicant the opportunity to designate, from 19
129129 among the written languages in which the division is required to print election 20
130130 materials under 52 U.S.C. 10503, as amended, the language in which the applicant 21
131131 prefers to receive ballots and other election materials printed for an election. The 22
132132 division shall provide the applicant with ballots and election materials in the 23
133133 applicant's designated language unless the applicant designates a language in which 24
134134 the division is not required to print ballots and election materials. The division shall 25
135135 notify an applicant when ballots and election materials printed in the designated 26
136136 language are not available and allow the applicant another opportunity to designate a 27
137137 language under this subsection. The division shall provide an applicant with ballots 28
138138 and election materials in the designated language until the earlier of the date that 29
139139 (1) the applicant's voter registration is inactivated or cancelled; or 30
140-(2) the division is no longer required under 52 U.S.C. 10503, as 31 33-LS0783\U
141-SB0138C -5- CSSB 138(FIN)
140+(2) the division is no longer required under 52 U.S.C. 10503, as 31 33-LS0783\S
141+SB0138B -5- CSSB 138(STA)
142142 New Text Underlined [DELETED TEXT BRACKETED]
143143
144144 amended, to print ballots and election materials in the designated language. 1
145145 (h) An applicant who requests registration within 30 days before an election 2
146146 shall supply a declaration stating whether the applicant established residency at least 3
147147 30 days before the date of the election in 4
148148 (1) the state; 5
149149 (2) the house district in which the applicant seeks to vote at the 6
150150 election. 7
151151 * Sec. 6. AS 15.07.070(c) is amended to read: 8
152152 (c) The names of persons submitting completed registration forms by mail that 9
153153 are postmarked at least 30 days before the next election, or submitting completed 10
154154 registration forms by facsimile or other electronic transmission approved by the 11
155155 director under AS 15.07.050 that are received at least 30 days before the next election, 12
156156 shall be placed on the official registration list for that election. If a registration form 13
157157 received by mail less than 30 days before an election does not have a legible and dated 14
158158 postmark, the name of the person submitting the form shall be placed on the official 15
159159 registration list for that election if the form was signed and dated by the person at least 16
160160 30 days before the election and if the form is received by the director or election 17
161161 supervisor at least 25 days before the election. The name of a person submitting a 18
162162 completed registration form by mail or by facsimile or other electronic transmission 19
163163 that does not meet the applicable requirements of this subsection may not be placed on 20
164164 the official registration list for that election but shall be placed on the master register 21
165165 after that election. A person submitting a completed registration form that does 22
166166 not meet the requirements of this subsection for placement on the master register 23
167167 for the next election but who complies with AS 15.07.060(h) may vote an 24
168168 absentee, special needs, or questioned ballot at that election. 25
169169 * Sec. 7. AS 15.07.070(d) is amended to read: 26
170170 (d) Qualified voters may register in person before a registration official or 27
171171 through a voter registration agency at any time throughout the year. A qualified voter 28
172172 who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 29
173173 or on the day of an election may vote only an absentee, special needs, or 30
174-questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 31 33-LS0783\U
175-CSSB 138(FIN) -6- SB0138C
174+questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 31 33-LS0783\S
175+CSSB 138(STA) -6- SB0138B
176176 New Text Underlined [DELETED TEXT BRACKETED]
177177
178178 that election. The division may not reject the absentee, special needs, or 1
179179 questioned ballot of a qualified voter who registers within 30 days before or on 2
180180 the day of an election on the grounds that the voter is not on the official 3
181181 registration list for the election. Upon receipt and approval of the registration forms, 4
182182 the director or the election supervisor shall forward to the voter an acknowledgment in 5
183183 the form of a registration card, and the voter's name shall immediately be placed on 6
184184 the master register. Names of persons registering 30 or more days before an election 7
185185 shall be placed on the official registration list for that election. 8
186186 * Sec. 8. AS 15.07.090(b) is amended to read: 9
187187 (b) A voter shall reregister if the voter's registration is cancelled as provided in 10
188188 AS 15.07.130. A person reregistering under this subsection may vote only an 11
189189 absentee, special needs, or questioned ballot until [THE REREGISTRATION IS 12
190190 EFFECTIVE FOR] the next election that occurs at least 30 days after the date of 13
191191 reregistration. The division may not reject the absentee, special needs, or 14
192192 questioned ballot of a qualified voter who reregisters within 30 days before or on 15
193193 the day of an election on the grounds that the voter is not on the official 16
194194 registration list for the election. 17
195195 * Sec. 9. AS 15.07.090(c) is amended to read: 18
196196 (c) The director shall transfer the registration of a voter from one precinct to 19
197197 another within a house district when requested by the voter. If a [THE] request is 20
198198 [SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 21
199199 election day, a person transferring registration to a new precinct may vote only 22
200200 an absentee, special needs, or questioned ballot. The division may not reject the 23
201201 absentee, special needs, or questioned ballot of a qualified voter who transfers 24
202202 registration within 30 days before or on the day of an election on the grounds 25
203203 that the voter is not on the official registration list for the election. The director 26
204204 shall transfer the registration of a voter from one house district to another when 27
205205 requested by the voter. The voter must reside in the new house district for at least 30 28
206206 days in order to vote a ballot for that district. 29
207207 * Sec. 10. AS 15.07.090(d) is amended to read: 30
208-(d) A person who claims to be a registered voter, but for whom no evidence of 31 33-LS0783\U
209-SB0138C -7- CSSB 138(FIN)
208+(d) A person who claims to be a registered voter, but for whom no evidence of 31 33-LS0783\S
209+SB0138B -7- CSSB 138(STA)
210210 New Text Underlined [DELETED TEXT BRACKETED]
211211
212212 registration in the precinct can be found, may vote only an absentee, special needs, 1
213213 or questioned ballot. The division may not reject the absentee, special needs, or 2
214214 questioned ballot of a qualified voter who registers within 30 days before or on 3
215215 the day of an election on the grounds that the voter is not on the official 4
216216 registration list for the election [SHALL BE GRANTED THE RIGHT TO VOTE 5
217217 IN THE SAME MANNER AS THAT OF A QUESTIONED VOTER AND THE 6
218218 BALLOT SHALL BE TREATED IN THE SAME MANNER. THE BALLOT 7
219219 SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" AND SHALL BE 8
220220 SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE 9
221221 SHALL DETERMINE WHETHER THE VOTER IS REGISTERED IN THE HOUSE 10
222222 DISTRICT BEFORE COUNTING THE BALLOT. A VOTER WHO HAS FAILED 11
223223 TO OBTAIN A TRANSFER AS PROVIDED IN (c) OF THIS SECTION SHALL 12
224224 VOTE A "QUESTIONED BALLOT" IN THE PRECINCT IN WHICH THE VOTER 13
225225 RESIDES]. 14
226226 * Sec. 11. AS 15.07.130(a) is amended to read: 15
227227 (a) Periodically, at times of the director's choosing, but not [NO] less 16
228228 frequently than in January of each calendar year, the director shall examine the master 17
229229 register maintained under AS 15.07.120 and shall send, by forwardable 18
230230 [NONFORWARDABLE] mail to the voter's registration mailing address, and to the 19
231231 voter's electronic mail address, if available, a notice requesting address 20
232232 confirmation or correction. The notice must explain that the voter's registration 21
233233 will be inactivated unless the voter responds to the notice within 45 days after the 22
234234 date the notice is sent. The director shall send the notice to each voter 23
235235 (1) whose mail from the division has been returned to the division in 24
236236 the two years immediately preceding the examination of the register; 25
237237 (2) who has not contacted the division in the two years immediately 26
238238 preceding the examination of the register and [; OR (3)] who has not voted or 27
239239 appeared to vote in the two years [GENERAL ELECTIONS] immediately preceding 28
240240 the examination of the register; or 29
241241 (3) who, after registering to vote in this state and in the two years 30
242-immediately preceding the examination of the register, has 31 33-LS0783\U
243-CSSB 138(FIN) -8- SB0138C
242+immediately preceding the examination of the register, has 31 33-LS0783\S
243+CSSB 138(STA) -8- SB0138B
244244 New Text Underlined [DELETED TEXT BRACKETED]
245245
246246 (A) registered to vote in another state; 1
247247 (B) received a driver's license from another state; 2
248248 (C) registered a vehicle in another state; 3
249249 (D) received public assistance from another state; 4
250250 (E) served on a jury in another state; 5
251251 (F) obtained a resident hunting or fishing license in another 6
252252 state; 7
253253 (G) paid the state resident tuition rate for a public 8
254254 university in another state; 9
255255 (H) received a homestead or residential property tax 10
256256 exemption in another state; or 11
257257 (I) received a benefit available only to residents of another 12
258258 state. 13
259259 * Sec. 12. AS 15.07.130(b) is amended to read: 14
260260 (b) If a registered voter does [HAS] not respond to a notice sent under (a) of 15
261261 this section within 45 days after the date the notice is sent, the director shall 16
262262 inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 17
263263 CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 18
264264 VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 19
265265 BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 20
266266 FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 21
267267 OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 22
268268 SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 23
269269 VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 24
270270 INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 25
271271 LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 26
272272 THIS SECTION]. The director shall maintain on the master register the name of a 27
273273 voter whose registration is inactivated. The director shall cancel a voter's inactive 28
274274 registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, 29
275275 National Voter Registration Act of 1993) after the second general election that occurs 30
276-after the registration becomes inactive if the voter does not contact the division or vote 31 33-LS0783\U
277-SB0138C -9- CSSB 138(FIN)
276+after the registration becomes inactive if the voter does not contact the division or vote 31 33-LS0783\S
277+SB0138B -9- CSSB 138(STA)
278278 New Text Underlined [DELETED TEXT BRACKETED]
279279
280280 or appear to vote. 1
281281 * Sec. 13. AS 15.07.130(d) is amended to read: 2
282282 (d) The notice sent under (a) [(b)] of this section must include a postage 3
283283 prepaid and pre-addressed return card on which the voter may state the voter's current 4
284284 address. The notice must indicate 5
285285 (1) that the voter should return the card not later than 45 days after the 6
286286 date of the notice if the voter did not change residence; 7
287287 (2) that failure to return the card by the 45-day deadline could result in 8
288288 removal of the voter's name from the official registration list for a subsequent election; 9
289289 (3) that the voter's registration will be cancelled if the voter does not 10
290290 contact the division during, or vote or appear to vote in an election held during, the 11
291291 period beginning on the date of the notice and ending on the day after the last day of 12
292292 the fourth calendar year that occurs after the date of notice; and 13
293293 (4) how the voter can continue to be eligible to vote if the voter has 14
294294 changed residence. 15
295295 * Sec. 14. AS 15.07 is amended by adding a new section to read: 16
296296 Sec. 15.07.133. Process to cancel registration. The director shall develop a 17
297297 process to allow a voter to cancel the voter's registration in person before an election 18
298298 official or electronically. The director shall prominently display instructions at each 19
299299 polling place and on the division's Internet website for a voter to cancel the voter's 20
300300 registration. 21
301301 * Sec. 15. AS 15.10.170(a) is amended to read: 22
302302 (a) The precinct party committee, where an organized precinct committee 23
303303 exists, or the party district committee where no organized precinct committee exists, 24
304304 or the state party chairperson where neither a precinct nor a party district committee 25
305305 exists, may appoint one or more [PERSONS AS] watchers in each precinct and 26
306306 counting center for any election. A [EACH] candidate may appoint one or more 27
307307 watchers for each precinct or counting center in the candidate's respective district or 28
308308 the state for any election. An [ANY] organization or organized group that sponsors or 29
309309 opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or question 30
310-[RECALL] may have one or more [PERSONS AS] watchers at the polls and counting 31 33-LS0783\U
311-CSSB 138(FIN) -10- SB0138C
310+[RECALL] may have one or more [PERSONS AS] watchers at the polls and counting 31 33-LS0783\S
311+CSSB 138(STA) -10- SB0138B
312312 New Text Underlined [DELETED TEXT BRACKETED]
313313
314314 centers after first obtaining authorization from the director. A candidate, or an 1
315315 organization or organized group with authorization from the director, may 2
316316 appoint at least one watcher for each location where ballots or envelopes are 3
317317 reviewed or counted in a precinct or counting center. A state party chairperson, a 4
318318 precinct party committee, a party district committee, or a candidate may not have more 5
319319 than one watcher on duty at a time in any precinct or counting center. A watcher must 6
320320 be a United States citizen. The watcher may be present at a position inside the place of 7
321321 voting or counting that affords a full view of all action of the election officials taken 8
322322 from the time the polls are opened until the ballots are finally counted and the results 9
323323 certified by the election board or the data processing review board. The election board 10
324324 or the data processing review board may require each watcher to present written proof 11
325325 showing appointment by the precinct party committee, the party district committee, 12
326326 the organization or organized group, or the candidate the watcher represents and that 13
327-is signed by the respective chairperson or chairperson's designee of the precinct 14
328-party committee or party district committee, the state party chairperson, the 15
329-organization or organized group, or the candidate or candidate's designee. 16
330- * Sec. 16. AS 15.13.020(j) is amended to read: 17
331-(j) The commission shall establish offices [AN OFFICE, WHICH MAY BE 18
332-CALLED A REGIONAL OFFICE, IN EACH SENATE DISTRICT IN THE STATE 19
333-TO KEEP ON FILE FOR PUBLIC INSPECTION COPIES OF ALL REPORTS 20
334-FILED WITH THE COMMISSION BY CANDIDATES FOR STATEWIDE OFFICE 21
335-AND BY CANDIDATES FOR LEGISLATIVE OFFICE IN THAT DISTRICT; 22
336-HOWEVER, WHERE ONE MUNICIPALITY CONTAINS MORE THAN ONE 23
337-HOUSE DISTRICT, ONLY ONE COMMISSION OFFICE SHALL BE 24
338-ESTABLISHED IN THAT MUNICIPALITY. THE REGIONAL OFFICE SHALL 25
339-MAKE ALL FORMS AND PERTINENT MATERIAL AVAILABLE TO 26
340-CANDIDATES. ALL REPORTS SHALL BE FILED BY CANDIDATES, GROUPS, 27
341-AND INDIVIDUALS DIRECTLY WITH THE COMMISSION'S CENTRAL 28
342-DISTRICT OFFICE. THE COMMISSION SHALL ENSURE THAT COPIES OF 29
343-ALL REPORTS BY STATEWIDE AND LEGISLATIVE CANDIDATES IN EACH 30
344-SENATE DISTRICT ARE FORWARDED PROMPTLY TO THAT DISTRICT OR 31 33-LS0783\U
345-SB0138C -11- CSSB 138(FIN)
327+is signed by the respective chairperson of the precinct party committee, party 14
328+district committee, state party chairperson, organization or organized group, or 15
329+candidate. 16
330+ * Sec. 16. AS 15.10 is amended by adding a new section to read: 17
331+Sec. 15.10.175. International election observers. (a) An international election 18
332+observer may be present at a position inside the precinct or counting center that 19
333+affords a full view of the activity of election officials from the time the polls are 20
334+opened until the ballots are finally counted and the results certified by the election 21
335+board or the data processing review board. 22
336+(b) Notwithstanding AS 15.15.210, AS 15.20.203, and 15.20.207, an 23
337+international election observer may not question a voter or challenge a voter's ballot. 24
338+(c) In this section, "international election observer" means a person who is 25
339+(1) not a citizen of the United States; 26
340+(2) designated by an international membership organization of which 27
341+the United States is a member; and 28
342+(3) invited by the United States Department of State to be part of a 29
343+mission to observe the election. 30
344+ * Sec. 17. AS 15.13.020(j) is amended to read: 31 33-LS0783\S
345+SB0138B -11- CSSB 138(STA)
346346 New Text Underlined [DELETED TEXT BRACKETED]
347347
348-REGIONAL OFFICE]. 1
349- * Sec. 17. AS 15.15.060 is amended by adding a new subsection to read: 2
350-(f) At each polling place, the division shall provide language assistance as 3
351-required under 52 U.S.C. 10503. An election supervisor shall post at each polling 4
352-place information regarding the availability of language assistance in English and all 5
353-other languages for which language assistance is required to be provided in the 6
354-jurisdiction under federal law. 7
355- * Sec. 18. AS 15.15 is amended by adding a new section to read: 8
356-Sec. 15.15.205. Questioning of voter who requested absentee ballot. If a 9
357-voter appears on the official registration list as having received or voted an absentee 10
358-ballot, the election official shall affirmatively advise the voter that the voter may 11
359-surrender the absentee ballot for destruction or cast a questioned ballot. If the voter 12
360-does not surrender the absentee ballot, the voter shall be allowed to vote a questioned 13
361-ballot. 14
362- * Sec. 19. AS 15.15.370 is amended to read: 15
363-Sec. 15.15.370. Completion of ballot count; certificate. When the count of 16
364-ballots is completed, and in no event later than the day after the election, the election 17
365-board shall make a certificate in duplicate of the results. The certificate includes the 18
366-number of votes cast for each candidate, including, for a candidate in a general 19
367-election, the number of votes at each ranking [ROUND OF THE RANKED-CHOICE 20
368-TABULATION PROCESS] under AS 15.15.350, the number of votes for and against 21
369-each proposition, yes or no on each question, and any additional information 22
370-prescribed by the director. The election board shall, immediately upon completion of 23
371-the certificate or as soon thereafter as the local mail service permits, send in one sealed 24
372-package to the director one copy of the certificate and the register. In addition, all 25
373-ballots properly cast shall be mailed to the director in a separate, sealed package. Both 26
374-packages, in addition to an address on the outside, shall clearly indicate the precinct 27
375-from which they come. Each board shall, immediately upon completion of the 28
376-certification and as soon thereafter as the local mail service permits, send the duplicate 29
377-certificate to the respective election supervisor. The director may authorize election 30
378-boards in precincts in those areas of the state where distance and weather make mail 31 33-LS0783\U
379-CSSB 138(FIN) -12- SB0138C
348+(j) The commission shall establish offices [AN OFFICE, WHICH MAY BE 1
349+CALLED A REGIONAL OFFICE, IN EACH SENATE DISTRICT IN THE STATE 2
350+TO KEEP ON FILE FOR PUBLIC INSPECTION COPIES OF ALL REPORTS 3
351+FILED WITH THE COMMISSION BY CANDIDATES FOR STATEWIDE OFFICE 4
352+AND BY CANDIDATES FOR LEGISLATIVE OFFICE IN THAT DISTRICT; 5
353+HOWEVER, WHERE ONE MUNICIPALITY CONTAINS MORE THAN ONE 6
354+HOUSE DISTRICT, ONLY ONE COMMISSION OFFICE SHALL BE 7
355+ESTABLISHED IN THAT MUNICIPALITY. THE REGIONAL OFFICE SHALL 8
356+MAKE ALL FORMS AND PERTINENT MATERIAL AVAILABLE TO 9
357+CANDIDATES. ALL REPORTS SHALL BE FILED BY CANDIDATES, GROUPS, 10
358+AND INDIVIDUALS DIRECTLY WITH THE COMMISSION'S CENTRAL 11
359+DISTRICT OFFICE. THE COMMISSION SHALL ENSURE THAT COPIES OF 12
360+ALL REPORTS BY STATEWIDE AND LEGISLATIVE CANDIDATES IN EACH 13
361+SENATE DISTRICT ARE FORWARDED PROMPTLY TO THAT DISTRICT OR 14
362+REGIONAL OFFICE]. 15
363+ * Sec. 18. AS 15.15.060 is amended by adding a new subsection to read: 16
364+(f) At each polling place, the division shall provide language assistance as 17
365+required under 52 U.S.C. 10503. An election supervisor shall post at each polling 18
366+place information regarding the availability of language assistance in English and all 19
367+other languages for which language assistance is required to be provided in the 20
368+jurisdiction under federal law. 21
369+ * Sec. 19. AS 15.15.170 is amended to read: 22
370+Sec. 15.15.170. Prohibition of political persuasion near election polls. (a) 23
371+During the hours the polls are open, a person who is in the polling place or within 200 24
372+feet of any entrance to the polling place may not 25
373+(1) attempt to persuade a person to vote for or against a candidate, 26
374+proposition, or question; or 27
375+(2) physically display a photo, video, or other image of the person's 28
376+or another person's marked ballot in an attempt to persuade a person to vote for 29
377+or against a candidate, proposition, or question. 30
378+(b) The election officials shall post warning notices at the required distance in 31 33-LS0783\S
379+CSSB 138(STA) -12- SB0138B
380380 New Text Underlined [DELETED TEXT BRACKETED]
381381
382-communication unreliable to forward their election results by telephone or radio. The 1
383-director may authorize the unofficial totaling of votes on a regional basis by election 2
384-supervisors, tallying the votes as indicated on duplicate certificates. To ensure 3
385-adequate protection, the director shall prescribe the manner in which the ballots, 4
386-registers, and all other election records and materials are thereafter preserved, 5
387-transferred, and destroyed. 6
388- * Sec. 20. AS 15.15.370 is amended by adding a new subsection to read: 7
389-(b) Each day the director releases unofficial totals of election results for a 8
390-general election, the director shall also release an updated ranked-choice tabulation. 9
391- * Sec. 21. AS 15.15 is amended by adding a new section to read: 10
392-Sec. 15.15.455. Risk-limiting audits. (a) In addition to the ballot counting 11
393-review conducted under AS 15.15.420 - 15.15.440, after each state election but before 12
394-the certification of the ballot counting review under AS 15.15.450, the director shall 13
395-conduct a risk-limiting audit of selected election results. The audit must be designed 14
396-using statistical methods to limit the risk of certification of an election result that is 15
397-inconsistent with the result that would be obtained by conducting a recount. 16
398-(b) The director shall adopt regulations necessary to implement and administer 17
399-(a) of this section. The regulations must include a procedure for selecting which 18
400-election results to audit and for notifying a candidate in a race subject to a risk-limiting 19
401-audit of the audit. In adopting regulations under this subsection, the director shall 20
402-consult recognized statistical experts, equipment vendors, and municipal clerks and 21
403-shall consider best practices for conducting risk-limiting audits. 22
404-(c) A candidate and an organization or organized group that sponsors or 23
405-opposes a ballot proposition or question seeking to protect the direct interests of the 24
406-candidate, organization, or organized group during a risk-limiting audit may provide, 25
407-at the candidate's, organization's, or organized group's own expense, one or more 26
408-observers to witness the audit. 27
409- * Sec. 22. AS 15.20.030 is amended to read: 28
410-Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The
411-29
412-director shall provide ballots for use as absentee ballots in all districts. The director 30
413-shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 31 33-LS0783\U
414-SB0138C -13- CSSB 138(FIN)
382+the form and manner prescribed by the director. 1
383+ * Sec. 20. AS 15.15 is amended by adding a new section to read: 2
384+Sec. 15.15.205. Questioning of voter who requested absentee ballot. If a 3
385+voter appears on the official registration list as having received or voted an absentee 4
386+ballot, the election official shall affirmatively advise the voter that the voter may 5
387+surrender the absentee ballot for destruction or cast a questioned ballot. If the voter 6
388+does not surrender the absentee ballot, the voter shall be allowed to vote a questioned 7
389+ballot. 8
390+ * Sec. 21. AS 15.15.280 is amended to read: 9
391+Sec. 15.15.280. Prohibiting the exhibition of marked ballots. A [SUBJECT 10
392+TO AS 15.15.240 A] voter may not exhibit the voter's ballot to an election official or 11
393+any other person so as to enable any person to ascertain how the voter marked the 12
394+ballot. 13
395+ * Sec. 22. AS 15.15.280 is amended by adding a new subsection to read: 14
396+(b) This section does not apply to a voter who 15
397+(1) requests assistance under AS 15.15.240; or 16
398+(2) subject to the prohibition on political persuasion in, or within 200 17
399+feet of an entrance to, a polling place under AS 15.15.170, shares a photo, video, or 18
400+other image of the voter's marked ballot with another person or with the public. 19
401+ * Sec. 23. AS 15.15.370 is amended to read: 20
402+Sec. 15.15.370. Completion of ballot count; certificate. When the count of 21
403+ballots is completed, and in no event later than the day after the election, the election 22
404+board shall make a certificate in duplicate of the results. The certificate includes the 23
405+number of votes cast for each candidate, including, for a candidate in a general 24
406+election, the number of votes at each ranking [ROUND OF THE RANKED-CHOICE 25
407+TABULATION PROCESS] under AS 15.15.350, the number of votes for and against 26
408+each proposition, yes or no on each question, and any additional information 27
409+prescribed by the director. The election board shall, immediately upon completion of 28
410+the certificate or as soon thereafter as the local mail service permits, send in one sealed 29
411+package to the director one copy of the certificate and the register. In addition, all 30
412+ballots properly cast shall be mailed to the director in a separate, sealed package. Both 31 33-LS0783\S
413+SB0138B -13- CSSB 138(STA)
415414 New Text Underlined [DELETED TEXT BRACKETED]
416415
417-and shall provide a postage-paid return [AN] envelope with the prescribed voter's 1
418-certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 2
419-director shall prescribe the form of and prepare the voter's certificate, envelopes, and 3
420-other material used in absentee voting. The voter's certificate shall include a 4
421-declaration, for use when required, that the voter is a qualified voter in all respects, a 5
422-blank for the voter's signature, and a space for recording the date that the voter 6
423-executed the certificate. An envelope may not identify a voter's party affiliation [, 7
424-A CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 8
425-MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 9
426-FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 10
427-RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 11
428-The envelope with the voter's certificate must include a notice that false statements 12
429-made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 13
430-certificate are punishable by law. 14
431- * Sec. 23. AS 15.20.072 is amended by adding a new subsection to read: 15
432-(h) If a voter satisfies the requirements of (d) of this section, the division may 16
433-not reject a voter's special needs ballot based on an error by an election official or 17
434-representative on the register under (c) or an error by a representative under (d) of this 18
435-section. 19
436- * Sec. 24. AS 15.20.081(d) is amended to read: 20
437-(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 21
438-PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 22
439-ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 23
440-OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 24
441-OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 25
442-proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 26
443-the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 27
444-envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 28
445-SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 29
446-DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 30
447-SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 31 33-LS0783\U
448-CSSB 138(FIN) -14- SB0138C
416+packages, in addition to an address on the outside, shall clearly indicate the precinct 1
417+from which they come. Each board shall, immediately upon completion of the 2
418+certification and as soon thereafter as the local mail service permits, send the duplicate 3
419+certificate to the respective election supervisor. The director may authorize election 4
420+boards in precincts in those areas of the state where distance and weather make mail 5
421+communication unreliable to forward their election results by telephone or radio. The 6
422+director may authorize the unofficial totaling of votes on a regional basis by election 7
423+supervisors, tallying the votes as indicated on duplicate certificates. To ensure 8
424+adequate protection, the director shall prescribe the manner in which the ballots, 9
425+registers, and all other election records and materials are thereafter preserved, 10
426+transferred, and destroyed. 11
427+ * Sec. 24. AS 15.15.370 is amended by adding a new subsection to read: 12
428+(b) Each day the director releases unofficial totals of election results for a 13
429+general election, the director shall also release an updated ranked-choice tabulation. 14
430+ * Sec. 25. AS 15.15.410 is amended to read: 15
431+Sec. 15.15.410. Voting multiple ballots [PLURAL VOTING]. Upon a 16
432+determination that a person has voted more than once in the same election, the director 17
433+shall notify the attorney general. The division may not count a ballot voted by a 18
434+person if the division determines, based on evidence, that the person voted more 19
435+than one ballot with the intent that the division count multiple ballots voted by 20
436+the person. If the division determines that the person did not intend for the 21
437+division to count multiple ballots voted by the person and the person voted 22
438+(1) an absentee, special needs, or questioned ballot and also voted a 23
439+ballot that is not an absentee, special needs, or questioned ballot, the division 24
440+shall count the ballot that is not an absentee, special needs, or questioned ballot; 25
441+(2) more than one absentee, special needs, or questioned ballot and 26
442+did not vote a ballot that is not an absentee, special needs, or questioned ballot, 27
443+the division shall count the ballot in the first envelope the division reviews. 28
444+ * Sec. 26. AS 15.15 is amended by adding a new section to read: 29
445+Sec. 15.15.455. Risk-limiting audits. (a) In addition to the ballot counting 30
446+review conducted under AS 15.15.420 - 15.15.440, after each state election but before 31 33-LS0783\S
447+CSSB 138(STA) -14- SB0138B
449448 New Text Underlined [DELETED TEXT BRACKETED]
450449
451-SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 1
452-INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 2
453-A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 3
454-THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 4
455-THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 5
456-the statements in the voter's certification are true. 6
457- * Sec. 25. AS 15.20.081(e) is amended to read: 7
458-(e) An absentee ballot must be marked on or before the date of the election. 8
459-Except as provided in (h) of this section, a voter who returns the absentee ballot by 9
460-mail, whether provided to the voter by mail or by electronic transmission, shall use a 10
461-mail service at least equal to first class and mail the ballot not later than the day of the 11
462-election to the election supervisor for the house district in which the voter seeks to 12
463-vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 13
464-received by the close of business on the 10th day after the election. [IF THE BALLOT 14
465-IS POSTMARKED, IT MUST BE POSTMARKED ON OR BEFORE ELECTION 15
466-DAY.] After the day of the election, ballots may not be accepted unless received by 16
467-mail. A ballot received after the day of the election that is not postmarked or is 17
468-postmarked after the day of the election may not be counted unless the ballot 18
469-envelope is marked with a United States Postal Service tracking barcode 19
470-sufficient to verify that the ballot was mailed on or before the day of the election 20
471-or with a division of elections ballot tracking barcode sufficient to verify that the 21
472-ballot was mailed on or before the day of the election. 22
473- * Sec. 26. AS 15.20.081 is amended by adding new subsections to read: 23
474-(m) An absentee ballot application must include an option for a qualified voter 24
475-to choose to receive absentee ballots by mail for future regularly scheduled state 25
476-elections. The division may not require a voter who chooses this option to reapply for 26
477-an absentee ballot by mail unless 27
478-(1) the voter has not voted an absentee ballot for a period of four years; 28
479-or 29
480-(2) the voter's previous absentee ballot sent under this section was 30
481-returned to the division as undeliverable. 31 33-LS0783\U
482-SB0138C -15- CSSB 138(FIN)
450+the certification of the ballot counting review under AS 15.15.450, the director shall 1
451+conduct a risk-limiting audit of selected election results. The audit must be designed 2
452+using statistical methods to limit the risk of certification of an election result that is 3
453+inconsistent with the result that would be obtained by conducting a recount. 4
454+(b) The director shall adopt regulations necessary to implement and administer 5
455+(a) of this section. The regulations must include a procedure for selecting which 6
456+election results to audit and for notifying a candidate in a race subject to a risk-limiting 7
457+audit of the audit. In adopting regulations under this subsection, the director shall 8
458+consult recognized statistical experts, equipment vendors, and municipal clerks and 9
459+shall consider best practices for conducting risk-limiting audits. 10
460+(c) A candidate with a direct interest in a risk-limiting audit who seeks to 11
461+protect the candidate's interests during the audit may provide, at the candidate's own 12
462+expense, one or more observers to witness the audit. 13
463+ * Sec. 27. AS 15.20.030 is amended to read: 14
464+Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 15
465+director shall provide ballots for use as absentee ballots in all districts. The director 16
466+shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 17
467+and shall provide a postage-paid return [AN] envelope with the prescribed voter's 18
468+certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 19
469+director shall prescribe the form of and prepare the voter's certificate, envelopes, and 20
470+other material used in absentee voting. The voter's certificate shall include a 21
471+declaration, for use when required, that the voter is a qualified voter in all respects, a 22
472+blank for the voter's signature, and a space for recording the date that the voter 23
473+executed the certificate. An envelope may not identify a voter's party affiliation [, 24
474+A CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 25
475+MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 26
476+FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 27
477+RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 28
478+The envelope with the voter's certificate must include a notice that false statements 29
479+made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 30
480+certificate are punishable by law. 31 33-LS0783\S
481+SB0138B -15- CSSB 138(STA)
483482 New Text Underlined [DELETED TEXT BRACKETED]
484483
485-(n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 1
486-election, requests in writing or by other means designated in regulations adopted by 2
487-the director to receive a ballot in a language other than English in which the division is 3
488-required to print election materials under 52 U.S.C. 10503, as amended, the director 4
489-shall provide the voter with a ballot and election materials under this section in the 5
490-language requested. 6
491- * Sec. 27. AS 15.20.201(b) is amended to read: 7
492-(b) Counting of absentee ballots that have been reviewed shall begin not 8
493-fewer than seven days preceding [AT 8:00 P.M., LOCAL TIME, ON] the day of the 9
494-election at places designated by each election supervisor and shall continue until all 10
495-absentee ballots reviewed and eligible for counting have been counted. The counting 11
496-teams shall report the first count of absentee ballots to the district absentee ballot 12
497-counting board not later than [. AN ELECTION SUPERVISOR OR AN ELECTION 13
498-OFFICIAL MAY NOT COUNT ABSENTEE BALLOTS BEFORE] 8:00 p.m., loca l 14
499-time, on the day of the election. Counting of the absentee ballots shall continue at 15
500-times designated by the election supervisor until all absentee ballots are counted. 16
501- * Sec. 28. AS 15.20.203(b) is amended to read: 17
502-(b) An absentee ballot must be rejected [MAY NOT BE COUNTED] if 18
503-(1) the voter has failed to properly execute the certificate; 19
504-(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 20
505-TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 21
506-CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 22
507-AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 23
508-SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 24
509-VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 25
510-DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 26
511-UNDER AS 15.20.061(c); 27
512-(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 28
513-DATE OF THE ELECTION; 29
514-(4)] the ballot envelope and certificate, if delivered by mail after the 30
515-day of the election [POSTMARKED], 31 33-LS0783\U
516-CSSB 138(FIN) -16- SB0138C
484+ * Sec. 28. AS 15.20.072 is amended by adding a new subsection to read: 1
485+(h) If a voter and the voter's representative satisfy the requirements of (d) of 2
486+this section, the division may not reject a voter's special needs ballot based on an error 3
487+by an election official or representative on the register under (c) or an error by a 4
488+representative under (d) of this section. 5
489+ * Sec. 29. AS 15.20.081(d) is amended to read: 6
490+(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 7
491+PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 8
492+ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 9
493+OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 10
494+OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 11
495+proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 12
496+the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 13
497+envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 14
498+SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 15
499+DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 16
500+SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 17
501+SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 18
502+INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 19
503+A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 20
504+THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 21
505+THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 22
506+the statements in the voter's certification are true. 23
507+ * Sec. 30. AS 15.20.081(e) is amended to read: 24
508+(e) An absentee ballot must be marked on or before the date of the election. 25
509+Except as provided in (h) of this section, a voter who returns the absentee ballot by 26
510+mail, whether provided to the voter by mail or by electronic transmission, shall use a 27
511+mail service at least equal to first class and mail the ballot not later than the day of the 28
512+election to the election supervisor for the house district in which the voter seeks to 29
513+vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 30
514+received by the close of business on the 10th day after the election. [IF THE BALLOT 31 33-LS0783\S
515+CSSB 138(STA) -16- SB0138B
517516 New Text Underlined [DELETED TEXT BRACKETED]
518517
519-(A) is not postmarked or is postmarked after [ON OR 1
520-BEFORE] the date of the election and is not marked with a United States 2
521-Postal Service tracking barcode sufficient to verify that the ballot was 3
522-mailed on or before the day of the election or with a division of elections 4
523-ballot tracking barcode sufficient to verify that the ballot was mailed on or 5
524-before the day of the election; 6
525-(B) has a United States Postal Service tracking barcode 7
526-verifying that the ballot was mailed after the date of the election or a 8
527-division of elections ballot tracking barcode verifying that the ballot was 9
528-mailed after the date of the election; or 10
529-(C) is executed after the date of the election; 11
530-(3) [(5)] after the day of election, the ballot was delivered by a means 12
531-other than mail; 13
532-(4) [OR (6)] the voter voted 14
533-(A) in person and is a 15
534-(i) first-time voter who initially registered by mail or by 16
535-facsimile or other electronic transmission approved by the director 17
536-under AS 15.07.050, has not provided the identification required by 18
537-AS 15.15.225(a), was not eligible for waiver of the identification 19
538-requirement under AS 15.15.225(b), and has not provided the 20
539-identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 21
540-through state agency records described in AS 15.07.055(e); or 22
541-(ii) voter other than one described in (i) of this 23
542-subparagraph, did not provide identification described in 24
543-AS 15.15.225(a), was not personally known by the election official, 25
544-and has not provided the identifiers required in AS 15.07.060(a)(2) and 26
545-(3); or 27
546-(B) by mail or electronic transmission, is a first-time voter who 28
547-initially registered by mail or by facsimile or other electronic transmission 29
548-approved by the director under AS 15.07.050 to vote, has not met the 30
549-identification requirements set out in AS 15.07.060, and does not submit with 31 33-LS0783\U
550-SB0138C -17- CSSB 138(FIN)
518+IS POSTMARKED, IT MUST BE POSTMARKED ON OR BEFORE ELECTION 1
519+DAY.] After the day of the election, ballots may not be accepted unless received by 2
520+mail. A ballot received after the day of the election that is not postmarked or is 3
521+postmarked after the day of the election may not be counted unless the ballot 4
522+envelope is marked with a United States Postal Service tracking barcode or a 5
523+division of elections ballot tracking barcode sufficient to verify that the ballot was 6
524+mailed on or before the day of the election. 7
525+ * Sec. 31. AS 15.20.081 is amended by adding new subsections to read: 8
526+(m) An absentee ballot application must include an option for a qualified voter 9
527+to choose to receive absentee ballots by mail for future regularly scheduled state 10
528+elections. The division may not require a voter who chooses this option to reapply for 11
529+an absentee ballot by mail unless 12
530+(1) the voter has not voted an absentee ballot for a period of four years; 13
531+or 14
532+(2) the voter's previous absentee ballot sent under this section was 15
533+returned to the division as undeliverable. 16
534+(n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 17
535+election, requests in writing or by other means designated in regulations adopted by 18
536+the director to receive a ballot in a language other than English in which the division is 19
537+required to print election materials under 52 U.S.C. 10503, as amended, the director 20
538+shall provide the voter with a ballot and election materials under this section in the 21
539+language requested. 22
540+ * Sec. 32. AS 15.20.201(b) is amended to read: 23
541+(b) Counting of absentee ballots that have been reviewed shall begin not 24
542+fewer than seven days preceding [AT 8:00 P.M., LOCAL TIME, ON] the day of the 25
543+election at places designated by each election supervisor and shall continue until all 26
544+absentee ballots reviewed and eligible for counting have been counted. The counting 27
545+teams shall report the first count of absentee ballots to the district absentee ballot 28
546+counting board not later than [. AN ELECTION SUPERVISOR OR AN ELECTION 29
547+OFFICIAL MAY NOT COUNT ABSENTEE BALLOTS BEFORE] 8:00 p.m., loca l 30
548+time, on the day of the election. Counting of the absentee ballots shall continue at 31 33-LS0783\S
549+SB0138B -17- CSSB 138(STA)
551550 New Text Underlined [DELETED TEXT BRACKETED]
552551
553-the ballot a copy of a 1
554-(i) driver's license, state identification card, current and 2
555-valid photo identification, birth certificate, passport, or hunting or 3
556-fishing license; or 4
557-(ii) current utility bill, bank statement, paycheck, 5
558-government check, or other government document; an item described 6
559-in this sub-subparagraph must show the name and current address of 7
560-the voter; or 8
561-(5) the voter did not vote absentee in-person and the signature on 9
562-the certificate is not consistent with the voter's signature in voter registration 10
563-records. 11
564- * Sec. 29. AS 15.20.203 is amended by adding a new subsection to read: 12
565-(k) Except for a voter who voted absentee in-person, the district absentee 13
566-counting board shall determine whether a voter's signature on the certificate is 14
567-consistent with the voter's signature in voter registration records using a signature 15
568-verification process that includes signature comparison software, according to a 16
569-procedure provided in regulations adopted by the director. An election official may not 17
570-determine that the signature on a voter's return envelope does not match the signature 18
571-stored in the voter's registration record solely based on substitution of initials or use of 19
572-a common nickname. The director shall provide training in signature comparison and 20
573-the use of signature comparison software to election officials who compare signatures 21
574-under this section. 22
575- * Sec. 30. AS 15.20 is amended by adding a new section to read: 23
576-Sec. 15.20.215. Rules for challenging ballot. The director shall adopt by 24
577-regulation a procedure and time frame for a person present at the ballot counting 25
578-review to challenge the decision of whether to count an absentee, special needs, or 26
579-questioned ballot. The procedure must provide a reasonable amount of time to submit 27
580-a challenge. 28
581- * Sec. 31. AS 15.20.220(b) is amended to read: 29
582-(b) The state review board shall review and count absentee ballots under 30
583-AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 31 33-LS0783\U
584-CSSB 138(FIN) -18- SB0138C
552+times designated by the election supervisor until all absentee ballots are counted. 1
553+ * Sec. 33. AS 15.20.203(b) is amended to read: 2
554+(b) An absentee ballot must be rejected [MAY NOT BE COUNTED] if 3
555+(1) the voter has failed to properly execute the certificate; 4
556+(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 5
557+TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 6
558+CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 7
559+AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 8
560+SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 9
561+VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 10
562+DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 11
563+UNDER AS 15.20.061(c); 12
564+(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 13
565+DATE OF THE ELECTION; 14
566+(4)] the ballot envelope and certificate, if delivered by mail after the 15
567+day of the election [POSTMARKED], 16
568+(A) is [NOT] postmarked after [ON OR BEFORE] the date of 17
569+the election; 18
570+(B) has a United States Postal Service tracking barcode or a 19
571+division of elections ballot tracking barcode verifying that the ballot was 20
572+mailed after the date of the election; or 21
573+(C) is executed after the date of the election; 22
574+(3) [(5)] after the day of election, the ballot was delivered by a means 23
575+other than mail; 24
576+(4) [OR (6)] the voter voted 25
577+(A) in person and is a 26
578+(i) first-time voter who initially registered by mail or by 27
579+facsimile or other electronic transmission approved by the director 28
580+under AS 15.07.050, has not provided the identification required by 29
581+AS 15.15.225(a), was not eligible for waiver of the identification 30
582+requirement under AS 15.15.225(b), and has not provided the 31 33-LS0783\S
583+CSSB 138(STA) -18- SB0138B
585584 New Text Underlined [DELETED TEXT BRACKETED]
586585
587-questioned ballots that have been forwarded to the director and that have not been 1
588-reviewed or counted by a district counting board. 2
589- * Sec. 32. AS 15.20 is amended by adding new sections to read: 3
590-Sec. 15.20.221. Ballot-tracking system. (a) The director shall establish an 4
591-online ballot-tracking system. The director may procure the system from a third party. 5
592-The system must be designed to allow a voter to easily use the system through a 6
593-mobile electronic device. The system must allow a voter to 7
594-(1) confirm that the voter's ballot has been sent by the division; 8
595-(2) track the date of the ballot's delivery to the voter; 9
596-(3) confirm the division's receipt of the voter's ballot; 10
597-(4) determine whether the voter's certificate has been reviewed; 11
598-(5) determine whether the voter's ballot has been counted; and 12
599-(6) provide the information necessary to cure a rejected ballot. 13
600-(b) The online ballot-tracking system must 14
601-(1) verify a voter's identity; and 15
602-(2) indicate to a voter 16
603-(A) the process by which the voter may cure the lack of 17
604-signature or verify the voter's identity, if the signature on the voter's ballot was 18
605-missing; and 19
606-(B) the reason the voter's ballot was not counted, if the ballot 20
607-was not counted. 21
608-(c) The division may not charge a voter a fee to use the online ballot-tracking 22
609-system. 23
610-Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 24
611-a ballot that is rejected because the voter does not have a signature stored in voter 25
612-registration records, the certificate is missing a signature, the signature on the 26
613-certificate is determined under AS 15.20.203 to not match the signature in voter 27
614-registration records, or the voter provided insufficient voter identification, the director 28
615-shall immediately make a reasonable effort to contact the voter, explain the ballot 29
616-deficiency, explain how the deficiency may be cured, and inform the voter of the 30
617-deadline to cure the ballot. The director shall, within 24 hours, send a notice of 31 33-LS0783\U
618-SB0138C -19- CSSB 138(FIN)
586+identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 1
587+through state agency records described in AS 15.07.055(e); or 2
588+(ii) voter other than one described in (i) of this 3
589+subparagraph, did not provide identification described in 4
590+AS 15.15.225(a), was not personally known by the election official, 5
591+and has not provided the identifiers required in AS 15.07.060(a)(2) and 6
592+(3); or 7
593+(B) by mail or electronic transmission, is a first-time voter who 8
594+initially registered by mail or by facsimile or other electronic transmission 9
595+approved by the director under AS 15.07.050 to vote, has not met the 10
596+identification requirements set out in AS 15.07.060, and does not submit with 11
597+the ballot a copy of a 12
598+(i) driver's license, state identification card, current and 13
599+valid photo identification, birth certificate, passport, or hunting or 14
600+fishing license; or 15
601+(ii) current utility bill, bank statement, paycheck, 16
602+government check, or other government document; an item described 17
603+in this sub-subparagraph must show the name and current address of 18
604+the voter; or 19
605+(5) the voter did not vote absentee in-person and the signature on 20
606+the certificate is not consistent with the voter's signature in voter registration 21
607+records. 22
608+ * Sec. 34. AS 15.20.203 is amended by adding a new subsection to read: 23
609+(k) Except for a voter who voted absentee in-person, the district absentee 24
610+counting board shall determine whether a voter's signature on the certificate is 25
611+consistent with the voter's signature in voter registration records using a signature 26
612+verification process that includes signature comparison software, according to a 27
613+procedure provided in regulations adopted by the director. An election official may not 28
614+determine that the signature on a voter's return envelope does not match the signature 29
615+stored in the voter's registration record solely based on substitution of initials or use of 30
616+a common nickname. The director shall provide training in signature comparison and 31 33-LS0783\S
617+SB0138B -19- CSSB 138(STA)
619618 New Text Underlined [DELETED TEXT BRACKETED]
620619
621-deficiency by electronic mail to the voter's electronic mail address if the voter has 1
622-provided an electronic mail address. If the voter has provided a telephone number, the 2
623-director shall, within 24 hours, attempt to notify the voter of the deficiency by 3
624-telephone call and text message. The director shall, within 48 hours, but not later than 4
625-five days after election day, send a notice of deficiency by first class, nonforwardable 5
626-mail to the address in the voter's registration record. 6
627-(b) A notice of deficiency must include an explanation of the need for a 7
628-signature for verification purposes. The notice must include a form for the voter to 8
629-confirm that the voter returned a ballot to the division, provide a copy of a form of 9
630-identification accepted by the division under AS 15.15.225(a), and provide a signature 10
631-for verification. The director shall provide a printed copy of the form with the notice 11
632-of deficiency mailed to the voter. The director shall also make the form available in a 12
633-format that can be completed and returned electronically. 13
634-(c) The rejected ballot of a voter who received a notice of deficiency may be 14
635-counted only if 15
636-(1) the voter returns the completed form sent with the notice of 16
637-deficiency, the division receives the form within 14 days after election day, and the 17
638-form confirms that the voter returned a ballot to the division; 18
639-(2) the voter provides a signature and includes a copy of a form of 19
640-identification accepted by the division under AS 15.15.225(a); and 20
641-(3) the ballot is otherwise valid. 21
642-(d) A voter's rejected ballot may not be counted and the director shall, if 22
643-applicable, send copies of the signature on the voter's return envelope and the 23
644-signature stored in voter registration records to the attorney general for investigation if 24
645-the voter returns the form and the form indicates that the voter did not return a ballot 25
646-to the division. 26
647-(e) The division shall update the signature stored in voter registration records 27
648-if the voter, after providing a copy of a form of identification accepted by the division 28
649-under AS 15.15.225(a), either provides a signature for the voter's missing signature or
650-29
651-cures a nonmatching signature under this section. 30
652- * Sec. 33. AS 15.56.030(d) is amended to read: 31 33-LS0783\U
653-CSSB 138(FIN) -20- SB0138C
620+the use of signature comparison software to election officials who compare signatures 1
621+under this section. 2
622+ * Sec. 35. AS 15.20 is amended by adding a new section to read: 3
623+Sec. 15.20.215. Rules for challenging ballot. The director shall adopt by 4
624+regulation a procedure and time frame for a person present at the ballot counting 5
625+review to challenge the decision of whether to count an absentee, special needs, or 6
626+questioned ballot. The procedure must provide a reasonable amount of time to submit 7
627+a challenge. 8
628+ * Sec. 36. AS 15.20.220(b) is amended to read: 9
629+(b) The state review board shall review and count absentee ballots under 10
630+AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 11
631+questioned ballots that have been forwarded to the director and that have not been 12
632+reviewed or counted by a district counting board. 13
633+ * Sec. 37. AS 15.20 is amended by adding new sections to read: 14
634+Sec. 15.20.221. Ballot-tracking system. (a) The director shall establish an 15
635+online ballot-tracking system. The director may procure the system from a third party. 16
636+The system must be designed to allow a voter to easily use the system through a 17
637+mobile electronic device. The system must allow a voter to 18
638+(1) confirm that the voter's ballot has been sent by the division; 19
639+(2) track the date of the ballot's delivery to the voter; 20
640+(3) confirm the division's receipt of the voter's ballot; 21
641+(4) determine whether the voter's certificate has been reviewed; 22
642+(5) determine whether the voter's ballot has been counted; and 23
643+(6) provide the information necessary to cure a rejected ballot. 24
644+(b) The online ballot-tracking system must 25
645+(1) verify a voter's identity; and 26
646+(2) indicate to a voter 27
647+(A) the process by which the voter may cure the lack of 28
648+signature or verify the voter's identity, if the signature on the voter's ballot was 29
649+missing; and 30
650+(B) the reason the voter's ballot was not counted, if the ballot 31 33-LS0783\S
651+CSSB 138(STA) -20- SB0138B
654652 New Text Underlined [DELETED TEXT BRACKETED]
655653
656-(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 1
657-(1) includes 2
658-(A) an entry in a game of chance in which a prize of money or 3
659-other present or future pecuniary gain or advantage may be awarded to a 4
660-participant wherein the total of the prizes offered is greater than $2 per 5
661-participant with a maximum of $100; and 6
662-(B) government employment or benefits; 7
663-(2) does not include 8
664-(A) materials having a nominal value bearing the name, 9
665-likeness, or other identification of a candidate, political party, political group, 10
666-party district committee, or organization, or stating a position on a ballot 11
667-proposition or question; 12
668-(B) food and refreshments provided incidental to an activity 13
669-that is nonpartisan in nature and directed at encouraging persons to vote, or 14
670-incidental to a gathering in support of or in opposition to a candidate, political 15
671-party, political group, party district committee, organization, or ballot question 16
672-or proposition; 17
673-(C) care of the voter's dependents provided in connection with 18
674-the absence of a voter from home for the purpose of voting; 19
675-(D) services provided by a person acting as a representative 20
676-under AS 15.20.072; 21
677-(E) services provided by an election official as defined in 22
678-AS 15.80.010; [AND] 23
679-(F) transportation of a voter to or from the polls without 24
680-charge; and 25
681-(G) postage-paid return envelopes required in 26
682-AS 15.20.030. 27
683- * Sec. 34. AS 15.80 is amended by adding a new section to read: 28
684-Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 29
685-cybersecurity program to defend the voter registration records kept by the division 30
686-against cyber attacks and data breaches and enable the division to detect and recover 31 33-LS0783\U
687-SB0138C -21- CSSB 138(FIN)
654+was not counted. 1
655+(c) The division may not charge a voter a fee to use the online ballot-tracking 2
656+system. 3
657+Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 4
658+a ballot that is rejected because the voter does not have a signature stored in voter 5
659+registration records, the certificate is missing a signature, the signature on the 6
660+certificate is determined under AS 15.20.203 to not match the signature in voter 7
661+registration records, or the voter provided insufficient voter identification, the director 8
662+shall immediately make a reasonable effort to contact the voter, explain the ballot 9
663+deficiency, explain how the deficiency may be cured, and inform the voter of the 10
664+deadline to cure the ballot. The director shall, within 24 hours, attempt to begin 11
665+sending notices of deficiency by electronic mail to the voter's electronic mail address 12
666+if the voter has provided an electronic mail address. If the voter has provided a 13
667+telephone number, the director shall, within 24 hours, attempt to notify the voter of the 14
668+deficiency by telephone call and text message. The director shall, within 48 hours, but 15
669+not later than five days after election day, send a notice of deficiency by first class, 16
670+nonforwardable mail to the address in the voter's registration record. 17
671+(b) A notice of deficiency must include an explanation of the need for a 18
672+signature for verification purposes. The notice must include a form for the voter to 19
673+confirm that the voter returned a ballot to the division, provide a copy of a form of 20
674+identification accepted by the division under AS 15.15.225(a), and provide a signature 21
675+for verification. The director shall provide a printed copy of the form with the notice 22
676+of deficiency mailed to the voter. The director shall also make the form available in a 23
677+format that can be completed and returned electronically. 24
678+(c) The rejected ballot of a voter who received a notice of deficiency may be 25
679+counted only if 26
680+(1) the voter returns the form sent with the notice of deficiency, the 27
681+division receives the form within 14 days after election day, and the form confirms 28
682+that the voter returned a ballot to the division; 29
683+(2) the voter provides a signature and includes a copy of a form of
684+30
685+identification accepted by the division under AS 15.15.225(a); and 31 33-LS0783\S
686+SB0138B -21- CSSB 138(STA)
688687 New Text Underlined [DELETED TEXT BRACKETED]
689688
690-from cyber attacks. The program must include cybersecurity training for election 1
691-officials. 2
692- * Sec. 35. AS 19.25.105(a) is amended to read: 3
693-(a) Outdoor advertising may not be erected or maintained within 660 feet of 4
694-the nearest edge of the right-of-way and visible from the main-traveled way of the 5
695-interstate, primary, or secondary highways in this state except the following: 6
696-(1) directional and other official signs and notices that [WHICH] 7
697-include [, BUT ARE NOT LIMITED TO,] signs and notices pertaining to natural 8
698-wonders, scenic and historic attractions, which are required or authorized by law, and 9
699-which shall conform to federal standards for interstate and primary systems; 10
700-(2) signs, displays, and devices advertising the sale or lease of property 11
701-upon which they are located or advertising activities conducted on the property; 12
702-(3) signs determined by the state, subject to concurrence of the United 13
703-States Department of Transportation, to be landmark signs, including signs on farm 14
704-structures or natural surfaces of historic or artistic significance, the preservation of 15
705-which would be consistent with the provisions of this chapter; 16
706-(4) directional signs and notices pertaining to schools; 17
707-(5) advertising on bus benches or bus shelters, and adjacent trash 18
708-receptacles, if the state determines that the advertising conforms to local, state, and 19
709-federal standards for interstate and primary highways; 20
710-(6) temporary political campaign signs not larger than 32 square 21
711-feet in size displayed on private property if the sign does not pose a risk to the 22
712-public and is outside of an interstate, primary, or secondary highway right-of-23
713-way. 24
714- * Sec. 36. AS 24.45.091 is amended to read: 25
715-Sec. 24.45.091. Publication of reports. Copies of the statements and reports 26
716-filed under this chapter shall be made available to the public at the commission's 27
717-offices and on the commission's Internet website [CENTRAL OFFICE, THE 28
718-OFFICE OF THE LIEUTENANT GOVERNOR, THE LEGISLATIVE REFERENCE 29
719-LIBRARY OF THE LEGISLATIVE AFFAIRS AGENCY, AND AT THE 30
720-COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 31 33-LS0783\U
721-CSSB 138(FIN) -22- SB0138C
689+(3) the ballot is otherwise valid. 1
690+(d) A voter's rejected ballot may not be counted and the director shall, if 2
691+applicable, send copies of the signature on the voter's return envelope and the 3
692+signature stored in voter registration records to the attorney general for investigation if 4
693+the voter returns the form and the form indicates that the voter did not return a ballot 5
694+to the division. 6
695+(e) The division shall update the signature stored in voter registration records 7
696+if the voter, after providing a copy of a form of identification accepted by the division 8
697+under AS 15.15.225(a), either provides a signature for the voter's missing signature or 9
698+cures a nonmatching signature under this section. 10
699+ * Sec. 38. AS 15.20 is amended by adding a new section to article 4 to read: 11
700+Sec. 15.20.810. Drop boxes for elections conducted by mail. The director 12
701+shall provide secure ballot drop boxes. The director shall adopt regulations governing 13
702+the use and location of ballot drop boxes. If practicable, the director shall provide a 14
703+drop box at each division regional office. The director shall, for a municipality with 15
704+over 20,000 residents, provide one drop box for each 20,000 residents in locations 16
705+chosen to ensure that drop boxes are accessible to the most possible voters. When 17
706+selecting drop box locations, the director may consult with municipalities, school 18
707+districts, tribal organizations, and nonpartisan civic organizations. The director may 19
708+provide a drop box in a municipality with fewer than 20,000 residents. The director 20
709+shall include in the regulations the criteria for selecting the locations of drop boxes, 21
710+the security requirements for the drop boxes, and a requirement that drop boxes be 22
711+open 24 hours a day in the 10 days before an election day. The regulations must 23
712+require that each drop box be open on the election day until 8:00 p.m. 24
713+ * Sec. 39. AS 15.56.030(d) is amended to read: 25
714+(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 26
715+(1) includes 27
716+(A) an entry in a game of chance in which a prize of money or 28
717+other present or future pecuniary gain or advantage may be awarded to a 29
718+participant wherein the total of the prizes offered is greater than $2 per
719+30
720+participant with a maximum of $100; and 31 33-LS0783\S
721+CSSB 138(STA) -22- SB0138B
722722 New Text Underlined [DELETED TEXT BRACKETED]
723723
724-as practicable after each reporting period. 1
725- * Sec. 37. AS 24.45.111(b) is amended to read: 2
726-(b) The commission shall preserve the statements and reports required to be 3
727-filed under this chapter for a period of six years from the date of filing. Copies [IF 4
728-THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE STATE CAPITAL, 5
729-COPIES] of all statements and reports filed under this chapter shall be maintained in 6
730-the commission's offices and be made available on the commission's Internet 7
731-website [AN OFFICE ESTABLISHED BY THE COMMISSION IN THE STATE 8
732-CAPITAL OR IN THE OFFICE OF THE LIEUTENANT GOVERNOR]. 9
733- * Sec. 38. AS 29.26.050 is amended by adding a new subsection to read: 10
734-(d) Except as a municipality may require for elections held only in specific 11
735-local election districts or service areas under (b) of this section, a person who has lived 12
736-within the municipality for at least 30 days, but who has not registered to vote in state 13
737-elections at a residence address within the municipality at least 30 days before a 14
738-municipal election, may vote only an absentee, special needs, or questioned ballot in 15
739-that election. The municipality may not reject the absentee, special needs, or 16
740-questioned ballot of a qualified voter who registers within 30 days before or on the day 17
741-of an election on the grounds that the voter is not on the official registration list for the 18
742-election. 19
743- * Sec. 39. AS 39.50.020(b) is amended to read: 20
744-(b) A public official, [OR] former public official, or candidate for municipal 21
745-office [OTHER THAN AN ELECTED OR APPOINTED MUNICIPAL OFFICER] 22
746-shall file the statement with the Alaska Public Offices Commission. Candidates for the 23
747-office of governor and lieutenant governor and, if the candidate is not subject to 24
748-AS 24.60, the legislature shall file the statement under AS 15.25.030. The Alaska 25
749-Public Offices Commission shall provide copies of the statements filed by 26
750-municipal [MUNICIPAL] officers, former municipal officers, and candidates for 27
751-elective municipal office to [SHALL FILE WITH] the applicable municipal clerk or 28
752-other municipal official designated to receive the statements [THEIR FILING FOR 29
753-OFFICE]. All statements required to be filed under this chapter are public records. 30
754- * Sec. 40. AS 39.50.200(b) is amended by adding a new paragraph to read: 31 33-LS0783\U
755-SB0138C -23- CSSB 138(FIN)
724+(B) government employment or benefits; 1
725+(2) does not include 2
726+(A) materials having a nominal value bearing the name, 3
727+likeness, or other identification of a candidate, political party, political group, 4
728+party district committee, or organization, or stating a position on a ballot 5
729+proposition or question; 6
730+(B) food and refreshments provided incidental to an activity 7
731+that is nonpartisan in nature and directed at encouraging persons to vote, or 8
732+incidental to a gathering in support of or in opposition to a candidate, political 9
733+party, political group, party district committee, organization, or ballot question 10
734+or proposition; 11
735+(C) care of the voter's dependents provided in connection with 12
736+the absence of a voter from home for the purpose of voting; 13
737+(D) services provided by a person acting as a representative 14
738+under AS 15.20.072; 15
739+(E) services provided by an election official as defined in 16
740+AS 15.80.010; [AND] 17
741+(F) transportation of a voter to or from the polls without 18
742+charge; and 19
743+(G) postage-paid return envelopes required in 20
744+AS 15.20.030. 21
745+ * Sec. 40. AS 15.80 is amended by adding a new section to read: 22
746+Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 23
747+cybersecurity program to defend the voter registration records kept by the division 24
748+against cyber attacks and data breaches and enable the division to detect and recover 25
749+from cyber attacks. The program must include cybersecurity training for election 26
750+officials. 27
751+ * Sec. 41. AS 19.25.105(a) is amended to read: 28
752+(a) Outdoor advertising may not be erected or maintained within 660 feet of 29
753+the nearest edge of the right-of-way and visible from the main-traveled way of the 30
754+interstate, primary, or secondary highways in this state except the following: 31 33-LS0783\S
755+SB0138B -23- CSSB 138(STA)
756756 New Text Underlined [DELETED TEXT BRACKETED]
757757
758-(65) Redistricting Board. 1
759- * Sec. 41. AS 44.62.310(h)(3) is amended to read: 2
760-(3) "public entity" means an entity of the state or of a political 3
761-subdivision of the state including an agency, a board or commission, the 4
762-Redistricting Board, the University of Alaska, a public authority or corporation, a 5
763-municipality, a school district, and other governmental units of the state or a political 6
764-subdivision of the state; it does not include the court system or the legislative branch 7
765-of state government. 8
766- * Sec. 42. AS 15.10.170(b); AS 15.20.203(i), 15.20.203(j); and AS 29.26.050(a)(3) are 9
767-repealed. 10
768- * Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 11
769-read: 12
770-APPLICABILITY. AS 15.56.030(d), as amended by sec. 33 of this Act, applies to 13
771-offenses committed on or after the effective date of sec. 33 of this Act. 14
772- * Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 15
773-read: 16
774-TRANSITION: REGULATIONS. The Alaska Public Offices Commission and the 17
775-division of elections may adopt regulations necessary to implement the changes made by this 18
776-Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 19
777-before the effective date of the law implemented by the regulation. 20
778- * Sec. 45. Section 44 of this Act takes effect immediately under AS 01.10.070(c). 21
779- * Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect January 1, 2024. 22
758+(1) directional and other official signs and notices that [WHICH] 1
759+include [, BUT ARE NOT LIMITED TO,] signs and notices pertaining to natural 2
760+wonders, scenic and historic attractions, which are required or authorized by law, and 3
761+which shall conform to federal standards for interstate and primary systems; 4
762+(2) signs, displays, and devices advertising the sale or lease of property 5
763+upon which they are located or advertising activities conducted on the property; 6
764+(3) signs determined by the state, subject to concurrence of the United 7
765+States Department of Transportation, to be landmark signs, including signs on farm 8
766+structures or natural surfaces of historic or artistic significance, the preservation of 9
767+which would be consistent with the provisions of this chapter; 10
768+(4) directional signs and notices pertaining to schools; 11
769+(5) advertising on bus benches or bus shelters, and adjacent trash 12
770+receptacles, if the state determines that the advertising conforms to local, state, and 13
771+federal standards for interstate and primary highways; 14
772+(6) temporary political campaign signs not larger than 32 square 15
773+feet in size displayed on private property if the owner or resident of the property 16
774+is not being compensated for the display, the sign is not a risk to the public, and 17
775+the sign is outside of an interstate, primary, or secondary highway right-of-way. 18
776+ * Sec. 42. AS 24.45.091 is amended to read: 19
777+Sec. 24.45.091. Publication of reports. Copies of the statements and reports 20
778+filed under this chapter shall be made available to the public at the commission's 21
779+offices and on the commission's Internet website [CENTRAL OFFICE, THE 22
780+OFFICE OF THE LIEUTENANT GOVERNOR, THE LEGISLATIVE REFERENCE 23
781+LIBRARY OF THE LEGISLATIVE AFFAIRS AGENCY, AND AT THE 24
782+COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 25
783+as practicable after each reporting period. 26
784+ * Sec. 43. AS 24.45.111(b) is amended to read: 27
785+(b) The commission shall preserve the statements and reports required to be 28
786+filed under this chapter for a period of six years from the date of filing. Copies [IF 29
787+THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE STATE CAPITAL, 30
788+COPIES] of all statements and reports filed under this chapter shall be maintained in 31 33-LS0783\S
789+CSSB 138(STA) -24- SB0138B
790+ New Text Underlined [DELETED TEXT BRACKETED]
791+
792+the commission's offices and be made available on the commission's Internet 1
793+website [AN OFFICE ESTABLISHED BY THE COMMISSION IN THE STATE 2
794+CAPITAL OR IN THE OFFICE OF THE LIEUTENANT GOVERNOR]. 3
795+ * Sec. 44. AS 29.26.050 is amended by adding a new subsection to read: 4
796+(d) Except as a municipality may require for elections held only in specific 5
797+local election districts or service areas under (b) of this section, a person who has lived 6
798+within the municipality for at least 30 days, but who has not registered to vote in state 7
799+elections at a residence address within the municipality at least 30 days before a 8
800+municipal election, may vote only an absentee, special needs, or questioned ballot in 9
801+that election. The municipality may not reject the absentee, special needs, or 10
802+questioned ballot of a qualified voter who registers within 30 days before or on the day 11
803+of an election on the grounds that the voter is not on the official registration list for the 12
804+election. 13
805+ * Sec. 45. AS 39.50.020(b) is amended to read: 14
806+(b) A public official, [OR] former public official, or candidate for municipal 15
807+office [OTHER THAN AN ELECTED OR APPOINTED MUNICIPAL OFFICER] 16
808+shall file the statement with the Alaska Public Offices Commission. Candidates for the 17
809+office of governor and lieutenant governor and, if the candidate is not subject to 18
810+AS 24.60, the legislature shall file the statement under AS 15.25.030. The Alaska 19
811+Public Offices Commission shall provide copies of the statements filed by 20
812+municipal [MUNICIPAL] officers, former municipal officers, and candidates for 21
813+elective municipal office to [SHALL FILE WITH] the applicable municipal clerk or 22
814+other municipal official designated to receive the statements [THEIR FILING FOR 23
815+OFFICE]. All statements required to be filed under this chapter are public records. 24
816+ * Sec. 46. AS 39.50.200(b) is amended by adding a new paragraph to read: 25
817+(65) Redistricting Board. 26
818+ * Sec. 47. AS 44.62.310(h)(3) is amended to read: 27
819+(3) "public entity" means an entity of the state or of a political 28
820+subdivision of the state including an agency, a board or commission, the 29
821+Redistricting Board, the University of Alaska, a public authority or corporation, a 30
822+municipality, a school district, and other governmental units of the state or a political 31 33-LS0783\S
823+SB0138B -25- CSSB 138(STA)
824+ New Text Underlined [DELETED TEXT BRACKETED]
825+
826+subdivision of the state; it does not include the court system or the legislative branch 1
827+of state government. 2
828+ * Sec. 48. AS 15.10.170(b); AS 15.20.203(i), 15.20.203(j); and AS 29.26.050(a)(3) are 3
829+repealed. 4
830+ * Sec. 49. The uncodified law of the State of Alaska is amended by adding a new section to 5
831+read: 6
832+APPLICABILITY. AS 15.56.030(d), as amended by sec. 39 of this Act, applies to 7
833+offenses committed on or after the effective date of sec. 39 of this Act. 8
834+ * Sec. 50. The uncodified law of the State of Alaska is amended by adding a new section to 9
835+read: 10
836+TRANSITION: REGULATIONS. The Alaska Public Offices Commission and the 11
837+division of elections may adopt regulations necessary to implement the changes made by this 12
838+Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 13
839+before the effective date of the law implemented by the regulation. 14
840+ * Sec. 51. Section 50 of this Act takes effect immediately under AS 01.10.070(c). 15
841+ * Sec. 52. Except as provided in sec. 51 of this Act, this Act takes effect January 1, 2024. 16