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CS FOR SENATE BILL NO. 138(FIN)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY THE SENATE FINANCE COMMITTEE
Offered: 5/13/23
Referred: Today's Calendar
Sponsor(s): SENATE STATE AFFAIRS COMMITTEE
A BILL
FOR AN ACT ENTITLED
"An Act relating to elections; relating to voters; relating to voting; relating to offices of 1
the Alaska Public Offices Commission; relating to the crime of unlawful interference 2
with voting in the first degree; relating to campaign signs; relating to the reporting of 3
financial and business interests by certain municipal officers and former officers and 4
candidates for municipal office; relating to the Redistricting Board; and providing for 5
an effective date." 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 8
to read: 9
LEGISLATIVE INTENT: TRANSPARENCY. It is the intent of the legislature that 10
the division of elections, in order to increase transparency and ensure trust in the integrity of 11
the state's vote counting and tabulation process and to allow members of the public to verify 12
the accuracy of ranked-choice tabulations, 13 33-LS0783\U
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(1) in accordance with national best practices for reporting results of ranked-1
choice voting elections, include preliminary ranked-choice tabulations when releasing 2
preliminary election results; and 3
(2) periodically throughout the vote counting process post updated cast vote 4
record files that include anonymized records indicating the ranking order of each ballot cast. 5
* Sec. 2. AS 15.05.010 is amended to read: 6
Sec. 15.05.010. Voter qualification. A person may vote at any election who 7
(1) is a citizen of the United States; 8
(2) is 18 years of age or older; 9
(3) has been a resident of the state and of the house district in which 10
the person seeks to vote for at least 30 days just before the election; and 11
(4) has registered [BEFORE THE ELECTION] as required under 12
AS 15.07 and is not registered to vote in another jurisdiction. 13
* Sec. 3. AS 15.05.020 is amended to read: 14
Sec. 15.05.020. Rules for determining residence of voter. For the purpose of 15
determining residence for voting, the place of residence is governed by the following 16
rules: 17
(1) A person may not be considered to have gained a residence solely 18
by reason of presence nor may a person lose it solely by reason of absence while in the 19
civil or military service of this state or of the United States or of absence because of 20
marriage to a person engaged in the civil or military service of this state or the United 21
States, while a student at an institution of learning, while in an institution or asylum at 22
public expense, while confined in public prison, while engaged in the navigation of 23
waters of this state or the United States or of the high seas, while residing upon an 24
Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 25
Alaska Veterans' Home. 26
(2) The residence of a person is that place in which the person's 27
physical habitation is fixed, and to which, whenever absent, the person has an 28
articulable and reasonable plan [THE INTENTION] to return. If a person resides in 29
one place, but does business in another, the former is the person's place of residence. 30
Temporary work sites do not constitute a dwelling place. 31 33-LS0783\U
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(3) [A CHANGE OF RESIDENCE IS MADE ONLY BY THE ACT 1
OF REMOVAL JOINED WITH THE INTENT TO REMAIN IN ANOTHER 2
PLACE.] There can only be one residence. 3
(4) A person does not lose residence if the person leaves home and 4
goes to another country, state, or place in this state for temporary purposes only and 5
with the intent of returning to the person's residence. 6
(5) A person does not gain residence in any place to which the person 7
comes without the present intention to establish a permanent dwelling at that place. 8
(6) A person loses residence in this state if the person establishes 9
residence in another state or votes in another state's election, either in person or by 10
absentee ballot, and will not be eligible to vote in this state until again qualifying 11
under AS 15.05.010. 12
(7) The term of residence is computed by including the day on which 13
the person's residence begins and excluding the day of election. 14
(8) The address of a voter as it appears on the official voter registration 15
record is presumptive evidence of the person's voting residence. This presumption is 16
negated [ONLY] if the voter notifies the director in writing of a change of voting 17
residence. When a voter's qualification is questioned under AS 15.15.210 or 18
challenged in accordance with the procedure adopted in regulation under 19
AS 15.20.215, the presumption may be rebutted by providing evidence to the 20
division that the voter has established residence in another state or place in this 21
state or evidence that the voter is not a resident under (2) - (7) of this section. 22
* Sec. 4. AS 15.07.060(a) is amended to read: 23
(a) Each applicant who requests registration or reregistration shall supply the 24
following information: 25
(1) the applicant's name and sex; 26
(2) if issued, the applicant's State of Alaska driver's license number or 27
State of Alaska identification card number, or the last four digits of the applicant's 28
social security number; 29
(3) the applicant's date of birth; 30
(4) the applicant's Alaska residence address; 31 33-LS0783\U
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(5) a statement of whether the applicant has previously been registered 1
to vote in another jurisdiction, and, if so, the jurisdiction and the address of the 2
previous registration; 3
(6) a declaration that the applicant will be 18 years of age or older 4
within 90 days after the date of registration; 5
(7) a declaration that the applicant is a citizen of the United States; 6
(8) the date of application; 7
(9) the applicant's signature or mark, or an electronic image of the 8
applicant's signature submitted in the format and according to the process 9
specified by the division in regulation; 10
(10) any former name under which the applicant was registered to vote 11
in the state; 12
(11) an attestation that the information provided by the applicant in (1) 13
- (10) of this subsection is true; and 14
(12) a certification that the applicant understands that a false statement 15
on the application may make the applicant subject to prosecution for a misdemeanor 16
under this title or AS 11. 17
* Sec. 5. AS 15.07.060 is amended by adding new subsections to read: 18
(g) The division shall provide an applicant the opportunity to designate, from 19
among the written languages in which the division is required to print election 20
materials under 52 U.S.C. 10503, as amended, the language in which the applicant 21
prefers to receive ballots and other election materials printed for an election. The 22
division shall provide the applicant with ballots and election materials in the 23
applicant's designated language unless the applicant designates a language in which 24
the division is not required to print ballots and election materials. The division shall 25
notify an applicant when ballots and election materials printed in the designated 26
language are not available and allow the applicant another opportunity to designate a 27
language under this subsection. The division shall provide an applicant with ballots 28
and election materials in the designated language until the earlier of the date that 29
(1) the applicant's voter registration is inactivated or cancelled; or 30
(2) the division is no longer required under 52 U.S.C. 10503, as 31 33-LS0783\U
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amended, to print ballots and election materials in the designated language. 1
(h) An applicant who requests registration within 30 days before an election 2
shall supply a declaration stating whether the applicant established residency at least 3
30 days before the date of the election in 4
(1) the state; 5
(2) the house district in which the applicant seeks to vote at the 6
election. 7
* Sec. 6. AS 15.07.070(c) is amended to read: 8
(c) The names of persons submitting completed registration forms by mail that 9
are postmarked at least 30 days before the next election, or submitting completed 10
registration forms by facsimile or other electronic transmission approved by the 11
director under AS 15.07.050 that are received at least 30 days before the next election, 12
shall be placed on the official registration list for that election. If a registration form 13
received by mail less than 30 days before an election does not have a legible and dated 14
postmark, the name of the person submitting the form shall be placed on the official 15
registration list for that election if the form was signed and dated by the person at least 16
30 days before the election and if the form is received by the director or election 17
supervisor at least 25 days before the election. The name of a person submitting a 18
completed registration form by mail or by facsimile or other electronic transmission 19
that does not meet the applicable requirements of this subsection may not be placed on 20
the official registration list for that election but shall be placed on the master register 21
after that election. A person submitting a completed registration form that does 22
not meet the requirements of this subsection for placement on the master register 23
for the next election but who complies with AS 15.07.060(h) may vote an 24
absentee, special needs, or questioned ballot at that election. 25
* Sec. 7. AS 15.07.070(d) is amended to read: 26
(d) Qualified voters may register in person before a registration official or 27
through a voter registration agency at any time throughout the year. A qualified voter 28
who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 29
or on the day of an election may vote only an absentee, special needs, or 30
questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 31 33-LS0783\U
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that election. The division may not reject the absentee, special needs, or 1
questioned ballot of a qualified voter who registers within 30 days before or on 2
the day of an election on the grounds that the voter is not on the official 3
registration list for the election. Upon receipt and approval of the registration forms, 4
the director or the election supervisor shall forward to the voter an acknowledgment in 5
the form of a registration card, and the voter's name shall immediately be placed on 6
the master register. Names of persons registering 30 or more days before an election 7
shall be placed on the official registration list for that election. 8
* Sec. 8. AS 15.07.090(b) is amended to read: 9
(b) A voter shall reregister if the voter's registration is cancelled as provided in 10
AS 15.07.130. A person reregistering under this subsection may vote only an 11
absentee, special needs, or questioned ballot until [THE REREGISTRATION IS 12
EFFECTIVE FOR] the next election that occurs at least 30 days after the date of 13
reregistration. The division may not reject the absentee, special needs, or 14
questioned ballot of a qualified voter who reregisters within 30 days before or on 15
the day of an election on the grounds that the voter is not on the official 16
registration list for the election. 17
* Sec. 9. AS 15.07.090(c) is amended to read: 18
(c) The director shall transfer the registration of a voter from one precinct to 19
another within a house district when requested by the voter. If a [THE] request is 20
[SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 21
election day, a person transferring registration to a new precinct may vote only 22
an absentee, special needs, or questioned ballot. The division may not reject the 23
absentee, special needs, or questioned ballot of a qualified voter who transfers 24
registration within 30 days before or on the day of an election on the grounds 25
that the voter is not on the official registration list for the election. The director 26
shall transfer the registration of a voter from one house district to another when 27
requested by the voter. The voter must reside in the new house district for at least 30 28
days in order to vote a ballot for that district. 29
* Sec. 10. AS 15.07.090(d) is amended to read: 30
(d) A person who claims to be a registered voter, but for whom no evidence of 31 33-LS0783\U
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registration in the precinct can be found, may vote only an absentee, special needs, 1
or questioned ballot. The division may not reject the absentee, special needs, or 2
questioned ballot of a qualified voter who registers within 30 days before or on 3
the day of an election on the grounds that the voter is not on the official 4
registration list for the election [SHALL BE GRANTED THE RIGHT TO VOTE 5
IN THE SAME MANNER AS THAT OF A QUESTIONED VOTER AND THE 6
BALLOT SHALL BE TREATED IN THE SAME MANNER. THE BALLOT 7
SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" AND SHALL BE 8
SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S REPRESENTATIVE 9
SHALL DETERMINE WHETHER THE VOTER IS REGISTERED IN THE HOUSE 10
DISTRICT BEFORE COUNTING THE BALLOT. A VOTER WHO HAS FAILED 11
TO OBTAIN A TRANSFER AS PROVIDED IN (c) OF THIS SECTION SHALL 12
VOTE A "QUESTIONED BALLOT" IN THE PRECINCT IN WHICH THE VOTER 13
RESIDES]. 14
* Sec. 11. AS 15.07.130(a) is amended to read: 15
(a) Periodically, at times of the director's choosing, but not [NO] less 16
frequently than in January of each calendar year, the director shall examine the master 17
register maintained under AS 15.07.120 and shall send, by forwardable 18
[NONFORWARDABLE] mail to the voter's registration mailing address, and to the 19
voter's electronic mail address, if available, a notice requesting address 20
confirmation or correction. The notice must explain that the voter's registration 21
will be inactivated unless the voter responds to the notice within 45 days after the 22
date the notice is sent. The director shall send the notice to each voter 23
(1) whose mail from the division has been returned to the division in 24
the two years immediately preceding the examination of the register; 25
(2) who has not contacted the division in the two years immediately 26
preceding the examination of the register and [; OR (3)] who has not voted or 27
appeared to vote in the two years [GENERAL ELECTIONS] immediately preceding 28
the examination of the register; or 29
(3) who, after registering to vote in this state and in the two years 30
immediately preceding the examination of the register, has 31 33-LS0783\U
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(A) registered to vote in another state; 1
(B) received a driver's license from another state; 2
(C) registered a vehicle in another state; 3
(D) received public assistance from another state; 4
(E) served on a jury in another state; 5
(F) obtained a resident hunting or fishing license in another 6
state; 7
(G) paid the state resident tuition rate for a public 8
university in another state; 9
(H) received a homestead or residential property tax 10
exemption in another state; or 11
(I) received a benefit available only to residents of another 12
state. 13
* Sec. 12. AS 15.07.130(b) is amended to read: 14
(b) If a registered voter does [HAS] not respond to a notice sent under (a) of 15
this section within 45 days after the date the notice is sent, the director shall 16
inactivate the voter's registration [, WITHIN THE PRECEDING FOUR 17
CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 18
VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 19
BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 20
FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 21
OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 22
SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 23
VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 24
INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 25
LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 26
THIS SECTION]. The director shall maintain on the master register the name of a 27
voter whose registration is inactivated. The director shall cancel a voter's inactive 28
registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, 29
National Voter Registration Act of 1993) after the second general election that occurs 30
after the registration becomes inactive if the voter does not contact the division or vote 31 33-LS0783\U
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or appear to vote. 1
* Sec. 13. AS 15.07.130(d) is amended to read: 2
(d) The notice sent under (a) [(b)] of this section must include a postage 3
prepaid and pre-addressed return card on which the voter may state the voter's current 4
address. The notice must indicate 5
(1) that the voter should return the card not later than 45 days after the 6
date of the notice if the voter did not change residence; 7
(2) that failure to return the card by the 45-day deadline could result in 8
removal of the voter's name from the official registration list for a subsequent election; 9
(3) that the voter's registration will be cancelled if the voter does not 10
contact the division during, or vote or appear to vote in an election held during, the 11
period beginning on the date of the notice and ending on the day after the last day of 12
the fourth calendar year that occurs after the date of notice; and 13
(4) how the voter can continue to be eligible to vote if the voter has 14
changed residence. 15
* Sec. 14. AS 15.07 is amended by adding a new section to read: 16
Sec. 15.07.133. Process to cancel registration. The director shall develop a 17
process to allow a voter to cancel the voter's registration in person before an election 18
official or electronically. The director shall prominently display instructions at each 19
polling place and on the division's Internet website for a voter to cancel the voter's 20
registration. 21
* Sec. 15. AS 15.10.170(a) is amended to read: 22
(a) The precinct party committee, where an organized precinct committee 23
exists, or the party district committee where no organized precinct committee exists, 24
or the state party chairperson where neither a precinct nor a party district committee 25
exists, may appoint one or more [PERSONS AS] watchers in each precinct and 26
counting center for any election. A [EACH] candidate may appoint one or more 27
watchers for each precinct or counting center in the candidate's respective district or 28
the state for any election. An [ANY] organization or organized group that sponsors or 29
opposes a ballot proposition [AN INITIATIVE, REFERENDUM,] or question 30
[RECALL] may have one or more [PERSONS AS] watchers at the polls and counting 31 33-LS0783\U
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centers after first obtaining authorization from the director. A candidate, or an 1
organization or organized group with authorization from the director, may 2
appoint at least one watcher for each location where ballots or envelopes are 3
reviewed or counted in a precinct or counting center. A state party chairperson, a 4
precinct party committee, a party district committee, or a candidate may not have more 5
than one watcher on duty at a time in any precinct or counting center. A watcher must 6
be a United States citizen. The watcher may be present at a position inside the place of 7
voting or counting that affords a full view of all action of the election officials taken 8
from the time the polls are opened until the ballots are finally counted and the results 9
certified by the election board or the data processing review board. The election board 10
or the data processing review board may require each watcher to present written proof 11
showing appointment by the precinct party committee, the party district committee, 12
the organization or organized group, or the candidate the watcher represents and that 13
is signed by the respective chairperson or chairperson's designee of the precinct 14
party committee or party district committee, the state party chairperson, the 15
organization or organized group, or the candidate or candidate's designee. 16
* Sec. 16. AS 15.13.020(j) is amended to read: 17
(j) The commission shall establish offices [AN OFFICE, WHICH MAY BE 18
CALLED A REGIONAL OFFICE, IN EACH SENATE DISTRICT IN THE STATE 19
TO KEEP ON FILE FOR PUBLIC INSPECTION COPIES OF ALL REPORTS 20
FILED WITH THE COMMISSION BY CANDIDATES FOR STATEWIDE OFFICE 21
AND BY CANDIDATES FOR LEGISLATIVE OFFICE IN THAT DISTRICT; 22
HOWEVER, WHERE ONE MUNICIPALITY CONTAINS MORE THAN ONE 23
HOUSE DISTRICT, ONLY ONE COMMISSION OFFICE SHALL BE 24
ESTABLISHED IN THAT MUNICIPALITY. THE REGIONAL OFFICE SHALL 25
MAKE ALL FORMS AND PERTINENT MATERIAL AVAILABLE TO 26
CANDIDATES. ALL REPORTS SHALL BE FILED BY CANDIDATES, GROUPS, 27
AND INDIVIDUALS DIRECTLY WITH THE COMMISSION'S CENTRAL 28
DISTRICT OFFICE. THE COMMISSION SHALL ENSURE THAT COPIES OF 29
ALL REPORTS BY STATEWIDE AND LEGISLATIVE CANDIDATES IN EACH 30
SENATE DISTRICT ARE FORWARDED PROMPTLY TO THAT DISTRICT OR 31 33-LS0783\U
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REGIONAL OFFICE]. 1
* Sec. 17. AS 15.15.060 is amended by adding a new subsection to read: 2
(f) At each polling place, the division shall provide language assistance as 3
required under 52 U.S.C. 10503. An election supervisor shall post at each polling 4
place information regarding the availability of language assistance in English and all 5
other languages for which language assistance is required to be provided in the 6
jurisdiction under federal law. 7
* Sec. 18. AS 15.15 is amended by adding a new section to read: 8
Sec. 15.15.205. Questioning of voter who requested absentee ballot. If a 9
voter appears on the official registration list as having received or voted an absentee 10
ballot, the election official shall affirmatively advise the voter that the voter may 11
surrender the absentee ballot for destruction or cast a questioned ballot. If the voter 12
does not surrender the absentee ballot, the voter shall be allowed to vote a questioned 13
ballot. 14
* Sec. 19. AS 15.15.370 is amended to read: 15
Sec. 15.15.370. Completion of ballot count; certificate. When the count of 16
ballots is completed, and in no event later than the day after the election, the election 17
board shall make a certificate in duplicate of the results. The certificate includes the 18
number of votes cast for each candidate, including, for a candidate in a general 19
election, the number of votes at each ranking [ROUND OF THE RANKED-CHOICE 20
TABULATION PROCESS] under AS 15.15.350, the number of votes for and against 21
each proposition, yes or no on each question, and any additional information 22
prescribed by the director. The election board shall, immediately upon completion of 23
the certificate or as soon thereafter as the local mail service permits, send in one sealed 24
package to the director one copy of the certificate and the register. In addition, all 25
ballots properly cast shall be mailed to the director in a separate, sealed package. Both 26
packages, in addition to an address on the outside, shall clearly indicate the precinct 27
from which they come. Each board shall, immediately upon completion of the 28
certification and as soon thereafter as the local mail service permits, send the duplicate 29
certificate to the respective election supervisor. The director may authorize election 30
boards in precincts in those areas of the state where distance and weather make mail 31 33-LS0783\U
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communication unreliable to forward their election results by telephone or radio. The 1
director may authorize the unofficial totaling of votes on a regional basis by election 2
supervisors, tallying the votes as indicated on duplicate certificates. To ensure 3
adequate protection, the director shall prescribe the manner in which the ballots, 4
registers, and all other election records and materials are thereafter preserved, 5
transferred, and destroyed. 6
* Sec. 20. AS 15.15.370 is amended by adding a new subsection to read: 7
(b) Each day the director releases unofficial totals of election results for a 8
general election, the director shall also release an updated ranked-choice tabulation. 9
* Sec. 21. AS 15.15 is amended by adding a new section to read: 10
Sec. 15.15.455. Risk-limiting audits. (a) In addition to the ballot counting 11
review conducted under AS 15.15.420 - 15.15.440, after each state election but before 12
the certification of the ballot counting review under AS 15.15.450, the director shall 13
conduct a risk-limiting audit of selected election results. The audit must be designed 14
using statistical methods to limit the risk of certification of an election result that is 15
inconsistent with the result that would be obtained by conducting a recount. 16
(b) The director shall adopt regulations necessary to implement and administer 17
(a) of this section. The regulations must include a procedure for selecting which 18
election results to audit and for notifying a candidate in a race subject to a risk-limiting 19
audit of the audit. In adopting regulations under this subsection, the director shall 20
consult recognized statistical experts, equipment vendors, and municipal clerks and 21
shall consider best practices for conducting risk-limiting audits. 22
(c) A candidate and an organization or organized group that sponsors or 23
opposes a ballot proposition or question seeking to protect the direct interests of the 24
candidate, organization, or organized group during a risk-limiting audit may provide, 25
at the candidate's, organization's, or organized group's own expense, one or more 26
observers to witness the audit. 27
* Sec. 22. AS 15.20.030 is amended to read: 28
Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The
29
director shall provide ballots for use as absentee ballots in all districts. The director 30
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 31 33-LS0783\U
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and shall provide a postage-paid return [AN] envelope with the prescribed voter's 1
certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 2
director shall prescribe the form of and prepare the voter's certificate, envelopes, and 3
other material used in absentee voting. The voter's certificate shall include a 4
declaration, for use when required, that the voter is a qualified voter in all respects, a 5
blank for the voter's signature, and a space for recording the date that the voter 6
executed the certificate. An envelope may not identify a voter's party affiliation [, 7
A CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 8
MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 9
FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 10
RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 11
The envelope with the voter's certificate must include a notice that false statements 12
made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 13
certificate are punishable by law. 14
* Sec. 23. AS 15.20.072 is amended by adding a new subsection to read: 15
(h) If a voter satisfies the requirements of (d) of this section, the division may 16
not reject a voter's special needs ballot based on an error by an election official or 17
representative on the register under (c) or an error by a representative under (d) of this 18
section. 19
* Sec. 24. AS 15.20.081(d) is amended to read: 20
(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 21
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 22
ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 23
OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 24
OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 25
proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 26
the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 27
envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 28
SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 29
DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 30
SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 31 33-LS0783\U
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SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 1
INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 2
A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 3
THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 4
THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 5
the statements in the voter's certification are true. 6
* Sec. 25. AS 15.20.081(e) is amended to read: 7
(e) An absentee ballot must be marked on or before the date of the election. 8
Except as provided in (h) of this section, a voter who returns the absentee ballot by 9
mail, whether provided to the voter by mail or by electronic transmission, shall use a 10
mail service at least equal to first class and mail the ballot not later than the day of the 11
election to the election supervisor for the house district in which the voter seeks to 12
vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 13
received by the close of business on the 10th day after the election. [IF THE BALLOT 14
IS POSTMARKED, IT MUST BE POSTMARKED ON OR BEFORE ELECTION 15
DAY.] After the day of the election, ballots may not be accepted unless received by 16
mail. A ballot received after the day of the election that is not postmarked or is 17
postmarked after the day of the election may not be counted unless the ballot 18
envelope is marked with a United States Postal Service tracking barcode 19
sufficient to verify that the ballot was mailed on or before the day of the election 20
or with a division of elections ballot tracking barcode sufficient to verify that the 21
ballot was mailed on or before the day of the election. 22
* Sec. 26. AS 15.20.081 is amended by adding new subsections to read: 23
(m) An absentee ballot application must include an option for a qualified voter 24
to choose to receive absentee ballots by mail for future regularly scheduled state 25
elections. The division may not require a voter who chooses this option to reapply for 26
an absentee ballot by mail unless 27
(1) the voter has not voted an absentee ballot for a period of four years; 28
or 29
(2) the voter's previous absentee ballot sent under this section was 30
returned to the division as undeliverable. 31 33-LS0783\U
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(n) If a voter requests under AS 15.07.060(g) or, at least 45 days before an 1
election, requests in writing or by other means designated in regulations adopted by 2
the director to receive a ballot in a language other than English in which the division is 3
required to print election materials under 52 U.S.C. 10503, as amended, the director 4
shall provide the voter with a ballot and election materials under this section in the 5
language requested. 6
* Sec. 27. AS 15.20.201(b) is amended to read: 7
(b) Counting of absentee ballots that have been reviewed shall begin not 8
fewer than seven days preceding [AT 8:00 P.M., LOCAL TIME, ON] the day of the 9
election at places designated by each election supervisor and shall continue until all 10
absentee ballots reviewed and eligible for counting have been counted. The counting 11
teams shall report the first count of absentee ballots to the district absentee ballot 12
counting board not later than [. AN ELECTION SUPERVISOR OR AN ELECTION 13
OFFICIAL MAY NOT COUNT ABSENTEE BALLOTS BEFORE] 8:00 p.m., loca l 14
time, on the day of the election. Counting of the absentee ballots shall continue at 15
times designated by the election supervisor until all absentee ballots are counted. 16
* Sec. 28. AS 15.20.203(b) is amended to read: 17
(b) An absentee ballot must be rejected [MAY NOT BE COUNTED] if 18
(1) the voter has failed to properly execute the certificate; 19
(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 20
TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 21
CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 22
AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 23
SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 24
VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 25
DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 26
UNDER AS 15.20.061(c); 27
(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 28
DATE OF THE ELECTION; 29
(4)] the ballot envelope and certificate, if delivered by mail after the 30
day of the election [POSTMARKED], 31 33-LS0783\U
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(A) is not postmarked or is postmarked after [ON OR 1
BEFORE] the date of the election and is not marked with a United States 2
Postal Service tracking barcode sufficient to verify that the ballot was 3
mailed on or before the day of the election or with a division of elections 4
ballot tracking barcode sufficient to verify that the ballot was mailed on or 5
before the day of the election; 6
(B) has a United States Postal Service tracking barcode 7
verifying that the ballot was mailed after the date of the election or a 8
division of elections ballot tracking barcode verifying that the ballot was 9
mailed after the date of the election; or 10
(C) is executed after the date of the election; 11
(3) [(5)] after the day of election, the ballot was delivered by a means 12
other than mail; 13
(4) [OR (6)] the voter voted 14
(A) in person and is a 15
(i) first-time voter who initially registered by mail or by 16
facsimile or other electronic transmission approved by the director 17
under AS 15.07.050, has not provided the identification required by 18
AS 15.15.225(a), was not eligible for waiver of the identification 19
requirement under AS 15.15.225(b), and has not provided the 20
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 21
through state agency records described in AS 15.07.055(e); or 22
(ii) voter other than one described in (i) of this 23
subparagraph, did not provide identification described in 24
AS 15.15.225(a), was not personally known by the election official, 25
and has not provided the identifiers required in AS 15.07.060(a)(2) and 26
(3); or 27
(B) by mail or electronic transmission, is a first-time voter who 28
initially registered by mail or by facsimile or other electronic transmission 29
approved by the director under AS 15.07.050 to vote, has not met the 30
identification requirements set out in AS 15.07.060, and does not submit with 31 33-LS0783\U
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the ballot a copy of a 1
(i) driver's license, state identification card, current and 2
valid photo identification, birth certificate, passport, or hunting or 3
fishing license; or 4
(ii) current utility bill, bank statement, paycheck, 5
government check, or other government document; an item described 6
in this sub-subparagraph must show the name and current address of 7
the voter; or 8
(5) the voter did not vote absentee in-person and the signature on 9
the certificate is not consistent with the voter's signature in voter registration 10
records. 11
* Sec. 29. AS 15.20.203 is amended by adding a new subsection to read: 12
(k) Except for a voter who voted absentee in-person, the district absentee 13
counting board shall determine whether a voter's signature on the certificate is 14
consistent with the voter's signature in voter registration records using a signature 15
verification process that includes signature comparison software, according to a 16
procedure provided in regulations adopted by the director. An election official may not 17
determine that the signature on a voter's return envelope does not match the signature 18
stored in the voter's registration record solely based on substitution of initials or use of 19
a common nickname. The director shall provide training in signature comparison and 20
the use of signature comparison software to election officials who compare signatures 21
under this section. 22
* Sec. 30. AS 15.20 is amended by adding a new section to read: 23
Sec. 15.20.215. Rules for challenging ballot. The director shall adopt by 24
regulation a procedure and time frame for a person present at the ballot counting 25
review to challenge the decision of whether to count an absentee, special needs, or 26
questioned ballot. The procedure must provide a reasonable amount of time to submit 27
a challenge. 28
* Sec. 31. AS 15.20.220(b) is amended to read: 29
(b) The state review board shall review and count absentee ballots under 30
AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 31 33-LS0783\U
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questioned ballots that have been forwarded to the director and that have not been 1
reviewed or counted by a district counting board. 2
* Sec. 32. AS 15.20 is amended by adding new sections to read: 3
Sec. 15.20.221. Ballot-tracking system. (a) The director shall establish an 4
online ballot-tracking system. The director may procure the system from a third party. 5
The system must be designed to allow a voter to easily use the system through a 6
mobile electronic device. The system must allow a voter to 7
(1) confirm that the voter's ballot has been sent by the division; 8
(2) track the date of the ballot's delivery to the voter; 9
(3) confirm the division's receipt of the voter's ballot; 10
(4) determine whether the voter's certificate has been reviewed; 11
(5) determine whether the voter's ballot has been counted; and 12
(6) provide the information necessary to cure a rejected ballot. 13
(b) The online ballot-tracking system must 14
(1) verify a voter's identity; and 15
(2) indicate to a voter 16
(A) the process by which the voter may cure the lack of 17
signature or verify the voter's identity, if the signature on the voter's ballot was 18
missing; and 19
(B) the reason the voter's ballot was not counted, if the ballot 20
was not counted. 21
(c) The division may not charge a voter a fee to use the online ballot-tracking 22
system. 23
Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 24
a ballot that is rejected because the voter does not have a signature stored in voter 25
registration records, the certificate is missing a signature, the signature on the 26
certificate is determined under AS 15.20.203 to not match the signature in voter 27
registration records, or the voter provided insufficient voter identification, the director 28
shall immediately make a reasonable effort to contact the voter, explain the ballot 29
deficiency, explain how the deficiency may be cured, and inform the voter of the 30
deadline to cure the ballot. The director shall, within 24 hours, send a notice of 31 33-LS0783\U
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deficiency by electronic mail to the voter's electronic mail address if the voter has 1
provided an electronic mail address. If the voter has provided a telephone number, the 2
director shall, within 24 hours, attempt to notify the voter of the deficiency by 3
telephone call and text message. The director shall, within 48 hours, but not later than 4
five days after election day, send a notice of deficiency by first class, nonforwardable 5
mail to the address in the voter's registration record. 6
(b) A notice of deficiency must include an explanation of the need for a 7
signature for verification purposes. The notice must include a form for the voter to 8
confirm that the voter returned a ballot to the division, provide a copy of a form of 9
identification accepted by the division under AS 15.15.225(a), and provide a signature 10
for verification. The director shall provide a printed copy of the form with the notice 11
of deficiency mailed to the voter. The director shall also make the form available in a 12
format that can be completed and returned electronically. 13
(c) The rejected ballot of a voter who received a notice of deficiency may be 14
counted only if 15
(1) the voter returns the completed form sent with the notice of 16
deficiency, the division receives the form within 14 days after election day, and the 17
form confirms that the voter returned a ballot to the division; 18
(2) the voter provides a signature and includes a copy of a form of 19
identification accepted by the division under AS 15.15.225(a); and 20
(3) the ballot is otherwise valid. 21
(d) A voter's rejected ballot may not be counted and the director shall, if 22
applicable, send copies of the signature on the voter's return envelope and the 23
signature stored in voter registration records to the attorney general for investigation if 24
the voter returns the form and the form indicates that the voter did not return a ballot 25
to the division. 26
(e) The division shall update the signature stored in voter registration records 27
if the voter, after providing a copy of a form of identification accepted by the division 28
under AS 15.15.225(a), either provides a signature for the voter's missing signature or
29
cures a nonmatching signature under this section. 30
* Sec. 33. AS 15.56.030(d) is amended to read: 31 33-LS0783\U
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(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 1
(1) includes 2
(A) an entry in a game of chance in which a prize of money or 3
other present or future pecuniary gain or advantage may be awarded to a 4
participant wherein the total of the prizes offered is greater than $2 per 5
participant with a maximum of $100; and 6
(B) government employment or benefits; 7
(2) does not include 8
(A) materials having a nominal value bearing the name, 9
likeness, or other identification of a candidate, political party, political group, 10
party district committee, or organization, or stating a position on a ballot 11
proposition or question; 12
(B) food and refreshments provided incidental to an activity 13
that is nonpartisan in nature and directed at encouraging persons to vote, or 14
incidental to a gathering in support of or in opposition to a candidate, political 15
party, political group, party district committee, organization, or ballot question 16
or proposition; 17
(C) care of the voter's dependents provided in connection with 18
the absence of a voter from home for the purpose of voting; 19
(D) services provided by a person acting as a representative 20
under AS 15.20.072; 21
(E) services provided by an election official as defined in 22
AS 15.80.010; [AND] 23
(F) transportation of a voter to or from the polls without 24
charge; and 25
(G) postage-paid return envelopes required in 26
AS 15.20.030. 27
* Sec. 34. AS 15.80 is amended by adding a new section to read: 28
Sec. 15.80.006. Cybersecurity. The director shall, by regulation, develop a 29
cybersecurity program to defend the voter registration records kept by the division 30
against cyber attacks and data breaches and enable the division to detect and recover 31 33-LS0783\U
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from cyber attacks. The program must include cybersecurity training for election 1
officials. 2
* Sec. 35. AS 19.25.105(a) is amended to read: 3
(a) Outdoor advertising may not be erected or maintained within 660 feet of 4
the nearest edge of the right-of-way and visible from the main-traveled way of the 5
interstate, primary, or secondary highways in this state except the following: 6
(1) directional and other official signs and notices that [WHICH] 7
include [, BUT ARE NOT LIMITED TO,] signs and notices pertaining to natural 8
wonders, scenic and historic attractions, which are required or authorized by law, and 9
which shall conform to federal standards for interstate and primary systems; 10
(2) signs, displays, and devices advertising the sale or lease of property 11
upon which they are located or advertising activities conducted on the property; 12
(3) signs determined by the state, subject to concurrence of the United 13
States Department of Transportation, to be landmark signs, including signs on farm 14
structures or natural surfaces of historic or artistic significance, the preservation of 15
which would be consistent with the provisions of this chapter; 16
(4) directional signs and notices pertaining to schools; 17
(5) advertising on bus benches or bus shelters, and adjacent trash 18
receptacles, if the state determines that the advertising conforms to local, state, and 19
federal standards for interstate and primary highways; 20
(6) temporary political campaign signs not larger than 32 square 21
feet in size displayed on private property if the sign does not pose a risk to the 22
public and is outside of an interstate, primary, or secondary highway right-of-23
way. 24
* Sec. 36. AS 24.45.091 is amended to read: 25
Sec. 24.45.091. Publication of reports. Copies of the statements and reports 26
filed under this chapter shall be made available to the public at the commission's 27
offices and on the commission's Internet website [CENTRAL OFFICE, THE 28
OFFICE OF THE LIEUTENANT GOVERNOR, THE LEGISLATIVE REFERENCE 29
LIBRARY OF THE LEGISLATIVE AFFAIRS AGENCY, AND AT THE 30
COMMISSION'S DISTRICT OFFICES PRESCRIBED IN AS 15.13.020(j)] as soon 31 33-LS0783\U
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as practicable after each reporting period. 1
* Sec. 37. AS 24.45.111(b) is amended to read: 2
(b) The commission shall preserve the statements and reports required to be 3
filed under this chapter for a period of six years from the date of filing. Copies [IF 4
THE COMMISSION'S CENTRAL OFFICE IS NOT IN THE STATE CAPITAL, 5
COPIES] of all statements and reports filed under this chapter shall be maintained in 6
the commission's offices and be made available on the commission's Internet 7
website [AN OFFICE ESTABLISHED BY THE COMMISSION IN THE STATE 8
CAPITAL OR IN THE OFFICE OF THE LIEUTENANT GOVERNOR]. 9
* Sec. 38. AS 29.26.050 is amended by adding a new subsection to read: 10
(d) Except as a municipality may require for elections held only in specific 11
local election districts or service areas under (b) of this section, a person who has lived 12
within the municipality for at least 30 days, but who has not registered to vote in state 13
elections at a residence address within the municipality at least 30 days before a 14
municipal election, may vote only an absentee, special needs, or questioned ballot in 15
that election. The municipality may not reject the absentee, special needs, or 16
questioned ballot of a qualified voter who registers within 30 days before or on the day 17
of an election on the grounds that the voter is not on the official registration list for the 18
election. 19
* Sec. 39. AS 39.50.020(b) is amended to read: 20
(b) A public official, [OR] former public official, or candidate for municipal 21
office [OTHER THAN AN ELECTED OR APPOINTED MUNICIPAL OFFICER] 22
shall file the statement with the Alaska Public Offices Commission. Candidates for the 23
office of governor and lieutenant governor and, if the candidate is not subject to 24
AS 24.60, the legislature shall file the statement under AS 15.25.030. The Alaska 25
Public Offices Commission shall provide copies of the statements filed by 26
municipal [MUNICIPAL] officers, former municipal officers, and candidates for 27
elective municipal office to [SHALL FILE WITH] the applicable municipal clerk or 28
other municipal official designated to receive the statements [THEIR FILING FOR 29
OFFICE]. All statements required to be filed under this chapter are public records. 30
* Sec. 40. AS 39.50.200(b) is amended by adding a new paragraph to read: 31 33-LS0783\U
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(65) Redistricting Board. 1
* Sec. 41. AS 44.62.310(h)(3) is amended to read: 2
(3) "public entity" means an entity of the state or of a political 3
subdivision of the state including an agency, a board or commission, the 4
Redistricting Board, the University of Alaska, a public authority or corporation, a 5
municipality, a school district, and other governmental units of the state or a political 6
subdivision of the state; it does not include the court system or the legislative branch 7
of state government. 8
* 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
repealed. 10
* Sec. 43. The uncodified law of the State of Alaska is amended by adding a new section to 11
read: 12
APPLICABILITY. AS 15.56.030(d), as amended by sec. 33 of this Act, applies to 13
offenses committed on or after the effective date of sec. 33 of this Act. 14
* Sec. 44. The uncodified law of the State of Alaska is amended by adding a new section to 15
read: 16
TRANSITION: REGULATIONS. The Alaska Public Offices Commission and the 17
division of elections may adopt regulations necessary to implement the changes made by this 18
Act. The regulations take effect under AS 44.62 (Administrative Procedure Act), but not 19
before the effective date of the law implemented by the regulation. 20
* Sec. 45. Section 44 of this Act takes effect immediately under AS 01.10.070(c). 21
* Sec. 46. Except as provided in sec. 45 of this Act, this Act takes effect January 1, 2024. 22