Alaska 2023-2024 Regular Session

Alaska Senate Bill SB19 Compare Versions

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

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11	11	SENATE BILL NO. 19
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
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17	17	BY SENATOR KAWASAKI
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19	19	Introduced: 1/9/23
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
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25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to elections; and providing for an effective date." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 15.20.030 is amended to read: 3
30	30	Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 4
31	31	director shall provide ballots for use as absentee ballots in all districts. The director 5
32	32	shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 6
33	33	and shall provide a postage-paid return [AN] envelope with the prescribed voter's
34	34	7
35	35	certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 8
36	36	director shall prescribe the form of and prepare the voter's certificate, envelopes, and 9
37	37	other material used in absentee voting. The voter's certificate shall include a 10
38	38	declaration, for use when required, that the voter is a qualified voter in all respects, a 11
39	39	blank for the voter's signature, a certification that the affiant properly executed the 12
40	40	marking of the ballot and gave the voter's identity, blanks for the attesting official or 13
41	41	witness, and a place for recording the date the envelope was sealed and witnessed. The 14
42	42	envelope with the voter's certificate must include a notice that false statements made 15 33-LS0185\A
43	43	SB 19 -2- SB0019A
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46	46	by the voter or by the attesting official or witness on the certificate are punishable by 1
47	47	law. 2
48	48	* Sec. 2. AS 15.20.081 is amended by adding a new subsection to read: 3
49	49	(m) An absentee ballot application must include an option for a qualified voter 4
50	50	to choose to receive absentee ballots by mail for state elections. The division may not 5
51	51	require a voter who chooses this option to reapply for an absentee ballot by mail 6
52	52	unless 7
53	53	(1) the voter has not voted an absentee ballot for a period of four years; 8
54	54	or 9
55	55	(2) a previous absentee ballot sent to the voter by the division under 10
56	56	this section was returned to the division as undeliverable. 11
57	57	* Sec. 3. AS 15.20.203(a) is amended to read: 12
58	58	(a) The district absentee ballot counting board shall examine each absentee 13
59	59	ballot envelope and shall determine whether the absentee voter is qualified to vote at 14
60	60	the election, whether the signature on the certificate is consistent with the voter's 15
61	61	signature in voter registration records, and whether the absentee ballot has been 16
62	62	properly cast. 17
63	63	* Sec. 4. AS 15.20.203(b) is amended to read: 18
64	64	(b) An absentee ballot may not be counted if 19
65	65	(1) the voter has failed to properly execute the certificate; 20
66	66	(2) an official or the witnesses authorized by law to attest the voter's 21
67	67	certificate fail to execute the certificate, except that an absentee ballot cast in person 22
68	68	and accepted by an absentee voting official or election supervisor may be counted 23
69	69	despite failure of the absentee voting official or election supervisor to properly sign 24
70	70	and date the voter's certificate as attesting official as required under AS 15.20.061(c); 25
71	71	(3) the ballot is not attested on or before the date of the election; 26
72	72	(4) the ballot, if postmarked, is not postmarked on or before the date of 27
73	73	the election; 28
74	74	(5) after the day of election, the ballot was delivered by a means other 29
75	75	than mail; [OR] 30
76	76	(6) the voter voted 31 33-LS0185\A
77	77	SB0019A -3- SB 19
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80	80	(A) in person and is a 1
81	81	(i) first-time voter who initially registered by mail or by 2
82	82	facsimile or other electronic transmission approved by the director 3
83	83	under AS 15.07.050, has not provided the identification required by 4
84	84	AS 15.15.225(a), was not eligible for waiver of the identification 5
85	85	requirement under AS 15.15.225(b), and has not provided the 6
86	86	identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 7
87	87	through state agency records described in AS 15.07.055(e); or 8
88	88	(ii) voter other than one described in (i) of this 9
89	89	subparagraph, did not provide identification described in 10
90	90	AS 15.15.225(a), was not personally known by the election official, 11
91	91	and has not provided the identifiers required in AS 15.07.060(a)(2) and 12
92	92	(3); or 13
93	93	(B) by mail or electronic transmission, is a first-time voter who 14
94	94	initially registered by mail or by facsimile or other electronic transmission 15
95	95	approved by the director under AS 15.07.050 to vote, has not met the 16
96	96	identification requirements set out in AS 15.07.060, and does not submit with 17
97	97	the ballot a copy of a 18
98	98	[(i)] driver's license, state identification card, current 19
99	99	and valid photo identification, birth certificate, passport, or hunting or 20
100	100	fishing license; or 21
101	101	(7) the signature on the certificate is inconsistent with the voter's 22
102	102	signature in voter registration records 23
103	103	[(ii) CURRENT UTILITY BILL, BANK 24
104	104	STATEMENT, PAYCHECK, GOVERNMENT CHECK, OR OTHER 25
105	105	GOVERNMENT DOCUMENT; AN ITEM DESCRIBED IN THIS 26
106	106	SUB-SUBPARAGRAPH MUST SHOW THE NAME AND 27
107	107	CURRENT ADDRESS OF THE VOTER]. 28
108	108	* Sec. 5. AS 15.20.203 is amended by adding a new subsection to read: 29
109	109	(k) The district absentee ballot counting board shall determine whether a 30
110	110	voter's signature on the certificate is consistent with the voter's signature in voter 31 33-LS0185\A
111	111	SB 19 -4- SB0019A
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114	114	registration records under (a) of this section using a signature verification process that 1
115	115	includes signature comparison software according to a procedure provided in 2
116	116	regulations adopted by the director. 3
117	117	* Sec. 6. AS 15.20 is amended by adding new sections to read: 4
118	118	Sec. 15.20.221. Ballot tracking system. (a) The director shall establish a free 5
119	119	online system, available through the division's Internet website, through which a voter 6
120	120	may 7
121	121	(1) confirm that the voter's ballot has been sent by the division; 8
122	122	(2) track the date of the ballot's delivery to the voter; 9
123	123	(3) confirm the division's receipt of the voter's ballot; 10
124	124	(4) determine whether the voter's certificate has been reviewed; and 11
125	125	(5) determine whether the voter's ballot has been counted. 12
126	126	(b) The online system established under (a) of this section must indicate to a 13
127	127	voter 14
128	128	(1) if the signature on the voter's ballot is missing or is determined not 15
129	129	to match the signature in the voter's registration record under AS 15.20.203(k), the 16
130	130	process by which the voter may cure the lack of signature or verify the voter's identity; 17
131	131	and 18
132	132	(2) if the voter's ballot was not counted, the reason the ballot was not 19
133	133	counted. 20
134	134	(c) The online system established under (a) of this section must allow an 21
135	135	election official access to the names and political affiliations of all persons 22
136	136	(1) named on the master register, including a person whose voter 23
137	137	registration is inactivated under AS 15.07.130(b); and 24
138	138	(2) whose names are placed on the official registration list under 25
139	139	AS 15.07.070(c) or (d). 26
140	140	(d) In establishing the online system under (a) of this section, the director shall 27
141	141	ensure that the design of the system allows a voter to access information easily under 28
142	142	(a) and (b) of this section through a mobile electronic device. 29
143	143	Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 30
144	144	a ballot and the voter does not have a signature stored in voter registration records, the 31 33-LS0185\A
145	145	SB0019A -5- SB 19
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148	148	certificate is missing a signature, or the signature on the certificate is determined under 1
149	149	AS 15.20.203(k) not to match the signature in voter registration records, the director 2
150	150	shall, within 48 hours, but in no event later than two days after election day, send a 3
151	151	notification by first class, nonforwardable mail to the address indicated in the voter's 4
152	152	registration record and, if provided, by electronic mail to the voter's electronic mail 5
153	153	address or by telephone call or text message to the voter's telephone number. 6
154	154	(b) The notification provided to the voter under (a) of this section must 7
155	155	include an explanation of the need for a signature for verification purposes and 8
156	156	provide the voter a form and instructions for the voter to, within the period specified in 9
157	157	(c)(1) of this section, 10
158	158	(1) confirm that the voter returned a ballot to the division; 11
159	159	(2) provide a copy of a form of identification accepted by the division 12
160	160	under AS 15.07.060(e); and 13
161	161	(3) provide a signature for verification. 14
162	162	(c) A voter's ballot that is not counted for a reason set out in (a) of this section 15
163	163	may be counted only if 16
164	164	(1) the division receives the form sent to the voter under (b) of this 17
165	165	section from the voter within 14 days after election day and the form confirms that the 18
166	166	voter returned a ballot to the division; 19
167	167	(2) the voter provides a signature for verification and includes a copy 20
168	168	of a form of identification accepted by the division under AS 15.07.060(e); and 21
169	169	(3) the ballot is otherwise valid. 22
170	170	(d) A voter's ballot may not be counted and the director shall, if applicable, 23
171	171	send copies of the signature on the voter's return envelope and the signature stored in 24
172	172	voter registration records to the attorney general for investigation if 25
173	173	(1) the voter returns the form received under (b) of this section and the 26
174	174	form indicates that the voter did not return a ballot to the division; or 27
175	175	(2) the voter does not return the form received under (b) of this section 28
176	176	within 14 days after election day. 29
177	177	(e) An election official may not determine that the signature on a voter's return 30
178	178	envelope does not match the signature stored in the voter's registration record solely
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180	180	SB 19 -6- SB0019A
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183	183	based on substitution of initials or use of a common nickname. 1
184	184	(f) The director shall provide training in signature comparison and the use of 2
185	185	signature comparison software to election officials who compare signatures under this 3
186	186	section. 4
187	187	(g) The division shall update the signature stored in voter registration records 5
188	188	if the voter, after providing a copy of a form of identification accepted by the division 6
189	189	under AS 15.07.060(e), either provides a signature for the voter's missing signature or 7
190	190	cures a nonmatching signature under this section. 8
191	191	* Sec. 7. AS 15.56.035(a) is amended to read: 9
192	192	(a) A person commits the crime of unlawful interference with voting in the 10
193	193	second degree if the person 11
194	194	(1) has an official ballot in possession outside of the voting room 12
195	195	unless the person is an election official or other person authorized by law or local 13
196	196	ordinance, or by the director or chief municipal elections official in a local election; 14
197	197	(2) makes, or knowingly has in possession, a counterfeit of an official 15
198	198	election ballot; 16
199	199	(3) knowingly solicits or encourages, directly or indirectly, a registered 17
200	200	voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 18
201	201	(4) as a registration official 19
202	202	(A) knowingly refuses to register a person who is entitled to 20
203	203	register under AS 15.07.030; or 21
204	204	(B) accepts a fee from an applicant applying for registration; 22
205	205	(5) violates AS 15.20.081(a) by knowingly supplying or encouraging 23
206	206	or assisting another person to supply to a voter an absentee ballot application form 24
207	207	with a political party or group affiliation indicated if the voter is not already registered 25
208	208	as affiliated with that political party or group; 26
209	209	(6) knowingly designs, marks, or encourages or assists another person 27
210	210	to design or mark an absentee ballot application in a manner that suggests choice of 28
211	211	one ballot over another as prohibited by AS 15.20.081(a); [OR] 29
212	212	(7) knowingly submits or encourages or assists another person to 30
213	213	submit an absentee ballot application to an intermediary who could control or delay 31 33-LS0185\A
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217	217	the submission of the application to the division of elections or who could gather data 1
218	218	from the application form as prohibited by AS 15.20.081(a); or 2
219	219	(8) knowingly possesses a ballot provided to another voter under 3
220	220	this title unless the person is 4
221	221	(A) a family member of the voter; 5
222	222	(B) a caregiver of the voter; 6
223	223	(C) engaged in official duties as an election official or a 7
224	224	worker for the United States Postal Service or a private commercial 8
225	225	delivery service; or 9
226	226	(D) collecting a ballot on behalf of a charitable or 10
227	227	educational organization in the state that is exempt from taxation under 11
228	228	26 U.S.C. 501(c)(3) (Internal Revenue Code), and is 12
229	229	(i) a registered voter; or 13
230	230	(ii) an employee of the organization. 14
231	231	* Sec. 8. AS 15.20.203(j), 15.20.207(k), and 15.20.211(f) are repealed. 15
232	232	* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 16
233	233	read: 17
234	234	APPLICABILITY. AS 15.56.035(a), as amended by sec. 7 of this Act, applies to 18
235	235	offenses committed on or after the effective date of sec. 7 of this Act. 19
236	236	* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 20
237	237	read: 21
238	238	TRANSITION: REGULATIONS. The director of elections may adopt regulations to 22
239	239	implement the changes made by this Act. The regulations take effect under AS 44.62 23
240	240	(Administrative Procedure Act), but not before the effective date of the law implemented by 24
241	241	the regulations. 25
242	242	* Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 26
243	243	* Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect January 1, 2024. 27