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SENATE BILL NO. 19
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY SENATOR KAWASAKI
Introduced: 1/9/23
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to elections; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 15.20.030 is amended to read: 3
Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 4
director shall provide ballots for use as absentee ballots in all districts. The director 5
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 6
and shall provide a postage-paid return [AN] envelope with the prescribed voter's
7
certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 8
director shall prescribe the form of and prepare the voter's certificate, envelopes, and 9
other material used in absentee voting. The voter's certificate shall include a 10
declaration, for use when required, that the voter is a qualified voter in all respects, a 11
blank for the voter's signature, a certification that the affiant properly executed the 12
marking of the ballot and gave the voter's identity, blanks for the attesting official or 13
witness, and a place for recording the date the envelope was sealed and witnessed. The 14
envelope with the voter's certificate must include a notice that false statements made 15 33-LS0185\A
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by the voter or by the attesting official or witness on the certificate are punishable by 1
law. 2
* Sec. 2. AS 15.20.081 is amended by adding a new subsection to read: 3
(m) An absentee ballot application must include an option for a qualified voter 4
to choose to receive absentee ballots by mail for state elections. The division may not 5
require a voter who chooses this option to reapply for an absentee ballot by mail 6
unless 7
(1) the voter has not voted an absentee ballot for a period of four years; 8
or 9
(2) a previous absentee ballot sent to the voter by the division under 10
this section was returned to the division as undeliverable. 11
* Sec. 3. AS 15.20.203(a) is amended to read: 12
(a) The district absentee ballot counting board shall examine each absentee 13
ballot envelope and shall determine whether the absentee voter is qualified to vote at 14
the election, whether the signature on the certificate is consistent with the voter's 15
signature in voter registration records, and whether the absentee ballot has been 16
properly cast. 17
* Sec. 4. AS 15.20.203(b) is amended to read: 18
(b) An absentee ballot may not be counted if 19
(1) the voter has failed to properly execute the certificate; 20
(2) an official or the witnesses authorized by law to attest the voter's 21
certificate fail to execute the certificate, except that an absentee ballot cast in person 22
and accepted by an absentee voting official or election supervisor may be counted 23
despite failure of the absentee voting official or election supervisor to properly sign 24
and date the voter's certificate as attesting official as required under AS 15.20.061(c); 25
(3) the ballot is not attested on or before the date of the election; 26
(4) the ballot, if postmarked, is not postmarked on or before the date of 27
the election; 28
(5) after the day of election, the ballot was delivered by a means other 29
than mail; [OR] 30
(6) the voter voted 31 33-LS0185\A
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(A) in person and is a 1
(i) first-time voter who initially registered by mail or by 2
facsimile or other electronic transmission approved by the director 3
under AS 15.07.050, has not provided the identification required by 4
AS 15.15.225(a), was not eligible for waiver of the identification 5
requirement under AS 15.15.225(b), and has not provided the 6
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 7
through state agency records described in AS 15.07.055(e); or 8
(ii) voter other than one described in (i) of this 9
subparagraph, did not provide identification described in 10
AS 15.15.225(a), was not personally known by the election official, 11
and has not provided the identifiers required in AS 15.07.060(a)(2) and 12
(3); or 13
(B) by mail or electronic transmission, is a first-time voter who 14
initially registered by mail or by facsimile or other electronic transmission 15
approved by the director under AS 15.07.050 to vote, has not met the 16
identification requirements set out in AS 15.07.060, and does not submit with 17
the ballot a copy of a 18
[(i)] driver's license, state identification card, current 19
and valid photo identification, birth certificate, passport, or hunting or 20
fishing license; or 21
(7) the signature on the certificate is inconsistent with the voter's 22
signature in voter registration records 23
[(ii) CURRENT UTILITY BILL, BANK 24
STATEMENT, PAYCHECK, GOVERNMENT CHECK, OR OTHER 25
GOVERNMENT DOCUMENT; AN ITEM DESCRIBED IN THIS 26
SUB-SUBPARAGRAPH MUST SHOW THE NAME AND 27
CURRENT ADDRESS OF THE VOTER]. 28
* Sec. 5. AS 15.20.203 is amended by adding a new subsection to read: 29
(k) The district absentee ballot counting board shall determine whether a 30
voter's signature on the certificate is consistent with the voter's signature in voter 31 33-LS0185\A
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registration records under (a) of this section using a signature verification process that 1
includes signature comparison software according to a procedure provided in 2
regulations adopted by the director. 3
* Sec. 6. AS 15.20 is amended by adding new sections to read: 4
Sec. 15.20.221. Ballot tracking system. (a) The director shall establish a free 5
online system, available through the division's Internet website, through which a voter 6
may 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; and 11
(5) determine whether the voter's ballot has been counted. 12
(b) The online system established under (a) of this section must indicate to a 13
voter 14
(1) if the signature on the voter's ballot is missing or is determined not 15
to match the signature in the voter's registration record under AS 15.20.203(k), the 16
process by which the voter may cure the lack of signature or verify the voter's identity; 17
and 18
(2) if the voter's ballot was not counted, the reason the ballot was not 19
counted. 20
(c) The online system established under (a) of this section must allow an 21
election official access to the names and political affiliations of all persons 22
(1) named on the master register, including a person whose voter 23
registration is inactivated under AS 15.07.130(b); and 24
(2) whose names are placed on the official registration list under 25
AS 15.07.070(c) or (d). 26
(d) In establishing the online system under (a) of this section, the director shall 27
ensure that the design of the system allows a voter to access information easily under 28
(a) and (b) of this section through a mobile electronic device. 29
Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 30
a ballot and the voter does not have a signature stored in voter registration records, the 31 33-LS0185\A
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certificate is missing a signature, or the signature on the certificate is determined under 1
AS 15.20.203(k) not to match the signature in voter registration records, the director 2
shall, within 48 hours, but in no event later than two days after election day, send a 3
notification by first class, nonforwardable mail to the address indicated in the voter's 4
registration record and, if provided, by electronic mail to the voter's electronic mail 5
address or by telephone call or text message to the voter's telephone number. 6
(b) The notification provided to the voter under (a) of this section must 7
include an explanation of the need for a signature for verification purposes and 8
provide the voter a form and instructions for the voter to, within the period specified in 9
(c)(1) of this section, 10
(1) confirm that the voter returned a ballot to the division; 11
(2) provide a copy of a form of identification accepted by the division 12
under AS 15.07.060(e); and 13
(3) provide a signature for verification. 14
(c) A voter's ballot that is not counted for a reason set out in (a) of this section 15
may be counted only if 16
(1) the division receives the form sent to the voter under (b) of this 17
section from the voter within 14 days after election day and the form confirms that the 18
voter returned a ballot to the division; 19
(2) the voter provides a signature for verification and includes a copy 20
of a form of identification accepted by the division under AS 15.07.060(e); and 21
(3) the ballot is otherwise valid. 22
(d) A voter's ballot may not be counted and the director shall, if applicable, 23
send copies of the signature on the voter's return envelope and the signature stored in 24
voter registration records to the attorney general for investigation if 25
(1) the voter returns the form received under (b) of this section and the 26
form indicates that the voter did not return a ballot to the division; or 27
(2) the voter does not return the form received under (b) of this section 28
within 14 days after election day. 29
(e) An election official may not determine that the signature on a voter's return 30
envelope does not match the signature stored in the voter's registration record solely
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based on substitution of initials or use of a common nickname. 1
(f) The director shall provide training in signature comparison and the use of 2
signature comparison software to election officials who compare signatures under this 3
section. 4
(g) The division shall update the signature stored in voter registration records 5
if the voter, after providing a copy of a form of identification accepted by the division 6
under AS 15.07.060(e), either provides a signature for the voter's missing signature or 7
cures a nonmatching signature under this section. 8
* Sec. 7. AS 15.56.035(a) is amended to read: 9
(a) A person commits the crime of unlawful interference with voting in the 10
second degree if the person 11
(1) has an official ballot in possession outside of the voting room 12
unless the person is an election official or other person authorized by law or local 13
ordinance, or by the director or chief municipal elections official in a local election; 14
(2) makes, or knowingly has in possession, a counterfeit of an official 15
election ballot; 16
(3) knowingly solicits or encourages, directly or indirectly, a registered 17
voter who is no longer qualified to vote under AS 15.05.010, to vote in an election; 18
(4) as a registration official 19
(A) knowingly refuses to register a person who is entitled to 20
register under AS 15.07.030; or 21
(B) accepts a fee from an applicant applying for registration; 22
(5) violates AS 15.20.081(a) by knowingly supplying or encouraging 23
or assisting another person to supply to a voter an absentee ballot application form 24
with a political party or group affiliation indicated if the voter is not already registered 25
as affiliated with that political party or group; 26
(6) knowingly designs, marks, or encourages or assists another person 27
to design or mark an absentee ballot application in a manner that suggests choice of 28
one ballot over another as prohibited by AS 15.20.081(a); [OR] 29
(7) knowingly submits or encourages or assists another person to 30
submit an absentee ballot application to an intermediary who could control or delay 31 33-LS0185\A
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the submission of the application to the division of elections or who could gather data 1
from the application form as prohibited by AS 15.20.081(a); or 2
(8) knowingly possesses a ballot provided to another voter under 3
this title unless the person is 4
(A) a family member of the voter; 5
(B) a caregiver of the voter; 6
(C) engaged in official duties as an election official or a 7
worker for the United States Postal Service or a private commercial 8
delivery service; or 9
(D) collecting a ballot on behalf of a charitable or 10
educational organization in the state that is exempt from taxation under 11
26 U.S.C. 501(c)(3) (Internal Revenue Code), and is 12
(i) a registered voter; or 13
(ii) an employee of the organization. 14
* Sec. 8. AS 15.20.203(j), 15.20.207(k), and 15.20.211(f) are repealed. 15
* Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 16
read: 17
APPLICABILITY. AS 15.56.035(a), as amended by sec. 7 of this Act, applies to 18
offenses committed on or after the effective date of sec. 7 of this Act. 19
* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 20
read: 21
TRANSITION: REGULATIONS. The director of elections may adopt regulations to 22
implement the changes made by this Act. The regulations take effect under AS 44.62 23
(Administrative Procedure Act), but not before the effective date of the law implemented by 24
the regulations. 25
* Sec. 11. Section 10 of this Act takes effect immediately under AS 01.10.070(c). 26
* Sec. 12. Except as provided in sec. 11 of this Act, this Act takes effect January 1, 2024. 27