Alaska 2023-2024 Regular Session

Alaska Senate Bill SB2 Compare Versions

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

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11	11	SENATE BILL NO. 2
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - FIRST SESSION
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17	17	BY SENATOR SHOWER
18	18
19	19	Introduced: 1/9/23
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to elections." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 15.10.120(c) is amended to read: 3
30	30	(c) An election supervisor shall appoint one nominee of the political party of
31	31	4
32	32	which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST 5
33	33	NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6
34	34	GUBERNATORIAL ELECTION] and one nominee of the political party that 7
35	35	received [OR POLITICAL GROUP WITH] the second largest number of votes 8
36	36	statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding 9
37	37	gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY 10
38	38	APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD 11
39	39	POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR 12
40	40	UNDECLARED VOTER IF] a party district committee or state party central 13
41	41	committee of the party of which the governor is a member [OR GROUP WITH 14
42	42	THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received 15 33-LS0002\A
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46	46	[OR GROUP WITH] the second largest number of votes statewide in [REGISTERED 1
47	47	VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the 2
48	48	names prescribed by (b) of this section by April 15 of a regular election year or at least 3
49	49	60 days before a special [PRIMARY] election, the election supervisor may appoint 4
50	50	any qualified individual registered to vote. 5
51	51	* Sec. 2. AS 15.10.170 is amended to read: 6
52	52	Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 7
53	53	party committee, where an organized precinct committee exists, or the party district 8
54	54	committee where no organized precinct committee exists, or the state party 9
55	55	chairperson where neither a precinct nor a party district committee exists, may appoint 10
56	56	one or more persons as watchers in each precinct and counting center for any election. 11
57	57	Each candidate not representing a political party may appoint one or more watchers 12
58	58	for each precinct or counting center in the candidate's respective district or the state for 13
59	59	any election. Any organization or organized group that sponsors or opposes an 14
60	60	initiative, referendum, or recall may have one or more persons as watchers at the polls 15
61	61	and counting centers after first obtaining authorization from the director. A state party 16
62	62	chairperson, a precinct party committee, a party district committee, or a candidate not 17
63	63	representing a political party or organization or organized group may not have 18
64	64	more than one watcher on duty at a time in any precinct or counting center. A watcher 19
65	65	must be a United States citizen. The watcher may be present at a position inside the 20
66	66	place of voting or counting that affords a full view of all action of the election officials 21
67	67	taken from the time the polls are opened until the ballots are finally counted and the 22
68	68	results certified by the election board or the data processing review board. The 23
69	69	election board or the data processing review board may require each watcher to 24
70	70	present written proof showing appointment by the precinct party committee, the party 25
71	71	district committee, the organization or organized group, or the candidate the watcher 26
72	72	represents that is signed by the chairperson of the precinct party committee, the 27
73	73	party district committee, the state party chairperson, the organization or 28
74	74	organized group, or the candidate representing no party. 29
75	75	(b) In addition to the watchers appointed under (a) of this section, in a primary 30
76	76	election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under 31 33-LS0002\A
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80	80	AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may 1
81	81	appoint one watcher in each precinct and counting center. 2
82	82	* Sec. 3. AS 15.13.020(b) is amended to read: 3
83	83	(b) The governor shall appoint two members of each of the two political 4
84	84	parties whose candidate for governor received the highest number of votes in [OR 5
85	85	POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED 6
86	86	VOTERS AT THE TIME OF] the most recent preceding general election at which a 7
87	87	governor was elected. The two appointees from each of these two parties [OR 8
88	88	GROUPS] shall be chosen from a list of four names to be submitted by the central 9
89	89	committee of each party [OR GROUP]. 10
90	90	* Sec. 4. AS 15.13.020(d) is amended to read: 11
91	91	(d) Members of the commission serve staggered terms of five years, or until a 12
92	92	successor is appointed and qualifies. The terms of no two members who are members 13
93	93	of the same political party [OR POLITICAL GROUP] may expire in consecutive 14
94	94	years. A member may not serve more than one term. However, a person appointed to 15
95	95	fill the unexpired term of a predecessor may be appointed to a successive full five-year 16
96	96	term. 17
97	97	* Sec. 5. AS 15.13.074(c) is amended to read: 18
98	98	(c) A person or group may not make a contribution 19
99	99	(1) to a candidate or an individual who files with the commission the 20
100	100	document necessary to permit that individual to incur certain election-related expenses 21
101	101	as authorized by AS 15.13.100 when the office is to be filled at a general election 22
102	102	before the date that is 18 months before the general election; 23
103	103	(2) to a candidate or an individual who files with the commission the 24
104	104	document necessary to permit that individual to incur certain election-related expenses 25
105	105	as authorized by AS 15.13.100 for an office that is to be filled at a special election or 26
106	106	municipal election before the date that is 18 months before the date of the regular 27
107	107	municipal election or that is before the date of the proclamation of the special election 28
108	108	at which the candidate or individual seeks election to public office; or 29
109	109	(3) to any candidate later than the 45th day 30
110	110	(A) after the date of the primary [OR SPECIAL PRIMARY] 31 33-LS0002\A
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114	114	election if the candidate was on the ballot and was not nominated [CHOSEN 1
115	115	TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at 2
116	116	the primary [OR SPECIAL PRIMARY] election; or 3
117	117	(B) after the date of the general [OR SPECIAL] election, or 4
118	118	after the date of a municipal or municipal runoff election. 5
119	119	* Sec. 6. AS 15.13.110(f) is amended to read: 6
120	120	(f) During the year in which the election is scheduled, each of the following 7
121	121	shall file the campaign disclosure reports in the manner and at the times required by 8
122	122	this section: 9
123	123	(1) a person who, under the regulations adopted by the commission to 10
124	124	implement AS 15.13.100, indicates an intention to become a candidate for elective 11
125	125	state executive or legislative office; 12
126	126	(2) a person who has filed a nominating petition under 13
127	127	AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective 14
128	128	state executive or legislative office; 15
129	129	(3) a person who campaigns as a write-in candidate for elective state 16
130	130	executive or legislative office at the general election; and 17
131	131	(4) [(3)] a group or nongroup entity that receives contributions or 18
132	132	makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1) 19
133	133	OR (2)] of this subsection, except as provided for certain independent expenditures by 20
134	134	nongroup entities in AS 15.13.135(a). 21
135	135	* Sec. 7. AS 15.13.400(4) is amended to read: 22
136	136	(4) "contribution" 23
137	137	(A) means a purchase, payment, promise or obligation to pay, 24
138	138	loan or loan guarantee, deposit or gift of money, goods, or services for which 25
139	139	charge is ordinarily made, and includes the payment by a person other than a 26
140	140	candidate or political party, or compensation for the personal services of 27
141	141	another person, that is rendered to the candidate or political party, and that is 28
142	142	made for the purpose of 29
143	143	(i) influencing the nomination or election of a 30
144	144	candidate; 31 33-LS0002\A
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148	148	(ii) influencing a ballot proposition or question; or 1
149	149	(iii) supporting or opposing an initiative proposal 2
150	150	application filed with the lieutenant governor under AS 15.45.020; 3
151	151	(B) does not include 4
152	152	(i) services provided without compensation by 5
153	153	individuals volunteering a portion or all of their time on behalf of a 6
154	154	political party, candidate, or ballot proposition or question; 7
155	155	(ii) ordinary hospitality in a home; 8
156	156	(iii) two or fewer mass mailings before each election by 9
157	157	each political party describing the party's slate of candidates for 10
158	158	[MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR 11
159	159	PUBLIC OFFICE IN THAT] election, which may include photographs, 12
160	160	biographies, and information about the party's candidates; 13
161	161	(iv) the results of a poll limited to issues and not 14
162	162	mentioning any candidate, unless the poll was requested by or designed 15
163	163	primarily to benefit the candidate; 16
164	164	(v) any communication in the form of a newsletter from 17
165	165	a legislator to the legislator's constituents, except a communication 18
166	166	expressly advocating the election or defeat of a candidate or a 19
167	167	newsletter or material in a newsletter that is clearly only for the private 20
168	168	benefit of a legislator or a legislative employee; 21
169	169	(vi) a fundraising list provided without compensation 22
170	170	by one candidate or political party to a candidate or political party; or 23
171	171	(vii) an opportunity to participate in a candidate forum 24
172	172	provided to a candidate without compensation to the candidate by 25
173	173	another person and for which a candidate is not ordinarily charged; 26
174	174	* Sec. 8. AS 15.15.030(5) is amended to read: 27
175	175	(5) The names of the candidates and their party designations shall be 28
176	176	placed in separate sections on the state general election ballot under the office 29
177	177	designation to which they were nominated. The [IF A CANDIDATE IS 30
178	178	REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL 31 33-LS0002\A
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182	182	GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of 1
183	183	the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS 2
184	184	REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT 3
185	185	DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE. 4
186	186	IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL 5
187	187	PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE 6
188	188	DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE 7
189	189	SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the 8
190	190	governor shall be included under the same section. Provision shall be made within 9
191	191	each section for voting for write-in candidates and candidates not representing a 10
192	192	political party [WITHIN EACH SECTION]. Paper ballots for the state general 11
193	193	election shall be printed on white paper. 12
194	194	* Sec. 9. AS 15.15.360(a) is amended to read: 13
195	195	(a) The election board shall count ballots according to the following rules: 14
196	196	(1) A voter may mark a ballot only by filling in, making "X" marks, 15
197	197	diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 16
198	198	plus signs that are clearly spaced in the oval opposite the name of the candidate, 17
199	199	proposition, or question that the voter desires to designate. [IN A GENERAL 18
200	200	ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER 19
201	201	TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE 20
202	202	USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS 21
203	203	OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO 22
204	204	DESIGNATE.] 23
205	205	(2) A failure to properly mark a ballot as to one or more candidates 24
206	206	does not itself invalidate the entire ballot. 25
207	207	(3) If a voter marks fewer names than there are persons to be 26
208	208	elected to the office, a vote shall be counted for each candidate properly marked. 27
209	209	(4) If a voter marks more names than there are persons to be elected to 28
210	210	the office, the votes for candidates for that office may not be counted. 29
211	211	(5) [(4)] The mark specified in (1) of this subsection shall be counted 30
212	212	only if it is substantially inside the oval provided, or touching the oval so as to indicate 31 33-LS0002\A
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216	216	clearly that the voter intended the particular oval to be designated. 1
217	217	(6) [(5)] Improper marks on the ballot may not be counted and do not 2
218	218	invalidate marks for candidates properly made. 3
219	219	(7) [(6)] An erasure or correction invalidates only that section of the 4
220	220	ballot in which it appears. 5
221	221	(8) [(7)] A vote marked for the candidate for President or Vice-6
222	222	President of the United States is considered and counted as a vote for the election of 7
223	223	the presidential electors. 8
224	224	[(9) REPEALED 9
225	225	(10) REPEALED 10
226	226	(11) REPEALED 11
227	227	(12) REPEALED] 12
228	228	* Sec. 10. AS 15.15.370 is amended to read: 13
229	229	Sec. 15.15.370. Completion of ballot count; certificate. When the count of 14
230	230	ballots is completed, and in no event later than the day after the election, the election 15
231	231	board shall make a certificate in duplicate of the results. The certificate includes the 16
232	232	number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A 17
233	233	GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE 18
234	234	RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE 19
235	235	NUMBER OF VOTES] for and against each proposition, yes or no on each question, 20
236	236	and any additional information prescribed by the director. The election board shall, 21
237	237	immediately upon completion of the certificate or as soon thereafter as the local mail 22
238	238	service permits, send in one sealed package to the director one copy of the certificate 23
239	239	and the register. In addition, all ballots properly cast shall be mailed to the director in a 24
240	240	separate, sealed package. Both packages, in addition to an address on the outside, shall 25
241	241	clearly indicate the precinct from which they come. Each board shall, immediately 26
242	242	upon completion of the certification and as soon thereafter as the local mail service 27
243	243	permits, send the duplicate certificate to the respective election supervisor. The 28
244	244	director may authorize election boards in precincts in those areas of the state where 29
245	245	distance and weather make mail communication unreliable to forward their election 30
246	246	results by telephone or radio. The director may authorize the unofficial totaling of 31 33-LS0002\A
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250	250	votes on a regional basis by election supervisors, tallying the votes as indicated on 1
251	251	duplicate certificates. To ensure adequate protection, the director shall prescribe the 2
252	252	manner in which the ballots, registers, and all other election records and materials are 3
253	253	thereafter preserved, transferred, and destroyed. 4
254	254	* Sec. 11. AS 15.15.450 is amended to read: 5
255	255	Sec. 15.15.450. Certification of state ballot counting review. Upon 6
256	256	completion of the state ballot counting review, the director shall certify the person 7
257	257	receiving the largest number of votes for the office for which that person was a 8
258	258	candidate as elected to that office [NOMINATED OR ELECTED, AS 9
259	259	APPLICABLE,] and shall certify the approval of a justice or judge not rejected by a 10
260	260	majority of the voters voting on the question. The director shall issue to the elected 11
261	261	candidates and approved justices and judges a certificate of their election or approval. 12
262	262	The director shall also certify the results of a proposition and other question except 13
263	263	that the lieutenant governor shall certify the results of an initiative, referendum, or 14
264	264	constitutional amendment. 15
265	265	* Sec. 12. AS 15.20.081(a) is amended to read: 16
266	266	(a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 17
267	267	or other electronic transmission to the director for an absentee ballot under this 18
268	268	section. Another individual may apply for an absentee ballot on behalf of a qualified 19
269	269	voter if that individual is designated to act on behalf of the voter in a written general 20
270	270	power of attorney or a written special power of attorney that authorizes the other 21
271	271	individual to apply for an absentee ballot on behalf of the voter. The application must 22
272	272	include the address or, if the application requests delivery of an absentee ballot by 23
273	273	electronic transmission, the telephone electronic transmission number, to which the 24
274	274	absentee ballot is to be returned, the applicant's full Alaska residence address, and the 25
275	275	applicant's signature. However, a person residing outside the United States and 26
276	276	applying to vote absentee in federal elections in accordance with AS 15.05.011 need 27
277	277	not include an Alaska residence address in the application. A person may supply to a 28
278	278	voter an absentee ballot application form with a political party or group affiliation 29
279	279	indicated only if the voter is already registered as affiliated with the political party or 30
280	280	group indicated. Only the voter or the individual designated by the voter in a 31 33-LS0002\A
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283	283
284	284	written power of attorney under this subsection may mark the voter's choice of 1
285	285	primary ballot on an application. A person supplying an absentee ballot 2
286	286	application form may not design or mark the application in a manner that 3
287	287	suggests choice of one ballot over another, except that ballot choices may be listed 4
288	288	on an application as authorized by the division. The application must be made on a 5
289	289	form prescribed or approved by the director. The voter or registration official shall 6
290	290	submit the application directly to the division of elections. For purposes of this 7
291	291	subsection, "directly to the division of elections" means that an application may not be 8
292	292	submitted to any intermediary that could control or delay the submission of the 9
293	293	application to the division or gather data on the applicant from the application form. 10
294	294	However, nothing in this subsection is intended to prohibit a voter from giving a 11
295	295	completed absentee ballot application to a friend, relative, or associate for transfer to 12
296	296	the United States Postal Service or a private commercial delivery service for delivery 13
297	297	to the division. 14
298	298	* Sec. 13. AS 15.20.081(h) is amended to read: 15
299	299	(h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 16
300	300	from outside the United States or from an overseas voter qualifying under 17
301	301	AS 15.05.011 that has been marked and mailed not later than election day may not be 18
302	302	counted unless the ballot is received by the election supervisor not later than the close 19
303	303	of business on the 20
304	304	(1) 10th day following a primary election or special [PRIMARY] 21
305	305	election under AS 15.40.140; or 22
306	306	(2) 15th day following a general election, special runoff election, or 23
307	307	special election, other than a special [PRIMARY] election described in (1) of this 24
308	308	subsection. 25
309	309	* Sec. 14. AS 15.20.190(a) is amended to read: 26
310	310	(a) Thirty days before the date of an election, the election supervisors shall 27
311	311	appoint, in the same manner provided for the appointment of election officials 28
312	312	prescribed in AS 15.10, district absentee ballot counting boards and district questioned 29
313	313	ballot counting boards, each composed of at least four members. At least one member 30
314	314	of each board must be a member of the same political party of which the governor is 31 33-LS0002\A
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318	318	a member [OR POLITICAL GROUP WITH THE LARGEST NUMBER OF 1
319	319	REGISTERED VOTERS AT THE TIME OF THE PRECEDING 2
320	320	GUBERNATORIAL ELECTION], and at least one member of each board must be a 3
321	321	member of the political party whose candidate for governor received the second 4
322	322	largest number of votes in [OR POLITICAL GROUP WITH THE SECOND 5
323	323	LARGEST NUMBER OF REGISTERED VOTERS AT THE TIME OF] the 6
324	324	preceding gubernatorial election. The district boards shall assist the election 7
325	325	supervisors in counting the absentee and questioned ballots and shall receive the same 8
326	326	compensation paid election officials under AS 15.15.380. 9
327	327	* Sec. 15. AS 15.20.203(i) is amended to read: 10
328	328	(i) The director shall mail the materials described in (h) of this section to the 11
329	329	voter not later than 12
330	330	(1) 10 days after completion of the review of ballots by the state 13
331	331	review board for a primary election or for a special [PRIMARY] election under 14
332	332	AS 15.40.140 that is followed by a special runoff election; 15
333	333	(2) 60 days after certification of the results of a general election, 16
334	334	special runoff election, or special election other than a special [PRIMARY] election 17
335	335	described in (1) of this subsection. 18
336	336	* Sec. 16. AS 15.20.203(j) is amended to read: 19
337	337	(j) The director shall make available through a free access system to each 20
338	338	absentee voter a system to check to see whether the voter's ballot was counted and, if 21
339	339	not counted, the reason why the ballot was not counted. The director shall make this 22
340	340	information available through the free access system not less than 23
341	341	(1) 10 days after certification of the results of a primary election or a 24
342	342	special [PRIMARY] election under AS 15.40.140 that is followed by a special 25
343	343	runoff election; and 26
344	344	(2) 30 days after certification of the results of a general or special 27
345	345	election, other than a special [PRIMARY] election described in (1) of this subsection. 28
346	346	* Sec. 17. AS 15.20.207(i) is amended to read: 29
347	347	(i) The director shall mail the materials described in (h) of this section to the 30
348	348	voter not later than 31 33-LS0002\A
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352	352	(1) 10 days after completion of the review of ballots by the state 1
353	353	review board for a primary election or for a special [PRIMARY] election under 2
354	354	AS 15.40.140 that is followed by a special runoff election; 3
355	355	(2) 60 days after certification of the results of a general or special 4
356	356	election, other than a special [PRIMARY] election described in (1) of this subsection. 5
357	357	* Sec. 18. AS 15.20.207(k) is amended to read: 6
358	358	(k) The director shall make available through a free access system to each 7
359	359	voter voting a questioned ballot a system to check to see whether the voter's ballot was 8
360	360	counted and, if not counted, the reason why the ballot was not counted. The director 9
361	361	shall make this information available through the free access system not less than 10
362	362	(1) 10 days after certification of the results of a primary election or a 11
363	363	special [PRIMARY] election under AS 15.40.140 that is followed by a special 12
364	364	runoff election; and 13
365	365	(2) 30 days after certification of the results of a general or special 14
366	366	election, other than a special [PRIMARY] election described in (1) of this subsection. 15
367	367	* Sec. 19. AS 15.20.211(d) is amended to read: 16
368	368	(d) The director shall mail the materials described in (c) of this section to the 17
369	369	voter not later than 18
370	370	(1) 10 days after completion of the review of ballots by the state 19
371	371	review board for a primary election or for a special [PRIMARY] election under 20
372	372	AS 15.40.140 that is followed by a special runoff election; 21
373	373	(2) 60 days after certification of the results of a general or special 22
374	374	election, other than a special [PRIMARY] election described in (1) of this subsection. 23
375	375	* Sec. 20. AS 15.20.211(f) is amended to read: 24
376	376	(f) The director shall make available through a free access system to each 25
377	377	voter whose ballot was subject to partial counting under this section a system to check 26
378	378	to see whether the voter's ballot was partially counted and, if not counted, the reason 27
379	379	why the ballot was not counted. The director shall make this information available 28
380	380	through the free access system not less than 29
381	381	(1) 10 days after certification of the results of a primary election or a 30
382	382	special [PRIMARY] election under AS 15.40.140 that is followed by a special 31 33-LS0002\A
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386	386	runoff election; and 1
387	387	(2) 30 days after certification of the results of a general or special 2
388	388	election, other than a special [PRIMARY] election described in (1) of this subsection. 3
389	389	* Sec. 21. AS 15.25.010 is amended to read: 4
390	390	Sec. 15.25.010. Provision for primary election. Candidates for the elective 5
391	391	state executive and state and national legislative offices shall be nominated in a 6
392	392	primary election by direct vote of the people in the manner prescribed by this chapter. 7
393	393	The director shall prepare and provide a primary election ballot for each 8
394	394	political party. A voter registered as affiliated with a political party may vote that 9
395	395	party's ballot. A voter registered as nonpartisan or undeclared rather than as 10
396	396	affiliated with a particular political party may vote the political party ballot of 11
397	397	the voter's choice unless prohibited from doing so under AS 15.25.015. A voter 12
398	398	registered as affiliated with a political party may not vote the ballot of a different 13
399	399	political party unless permitted to do so under AS 15.25.015 [THE PRIMARY 14
400	400	ELECTION DOES NOT SERVE TO DETERMINE THE NOMINEE OF A 15
401	401	POLITICAL PARTY OR POLITICAL GROUP BUT SERVES ONLY TO 16
402	402	NARROW THE NUMBER OF CANDIDATES WHOSE NAMES WILL APPEAR 17
403	403	ON THE BALLOT AT THE GENERAL ELECTION. EXCEPT AS PROVIDED IN 18
404	404	AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE THE 19
405	405	GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL ADVANCE TO 20
406	406	THE GENERAL ELECTION]. 21
407	407	* Sec. 22. AS 15.25 is amended by adding a new section to read: 22
408	408	Sec. 15.25.015. Party participation in primary election. (a) Not later than 23
409	409	5:00 p.m., Alaska time, on September 1 of the calendar year before the calendar year 24
410	410	in which a primary election is to be held, a political party shall submit a notice in 25
411	411	writing to the director stating whether the party bylaws expand or limit who may 26
412	412	participate in the primary election for selection of the party's candidates for elective 27
413	413	state executive and state and national legislative offices. A copy of the party's bylaws 28
414	414	expanding or limiting who may participate in the primary election for selection of the 29
415	415	party's candidates, documentation required under (b) of this section, and other 30
416	416	information required by the director must be submitted along with the notice. The 31 33-LS0002\A
417	417	SB0002A -13- SB 2
418	418	New Text Underlined [DELETED TEXT BRACKETED]
419	419
420	420	notice, bylaws, documentation, and other information required by the director shall be 1
421	421	provided by the party's chairperson or another party official designated by the party's 2
422	422	bylaws. 3
423	423	(b) Once a political party timely submits a notice and bylaws under (a) of this 4
424	424	section and the director finds that the party has met the requirements of this chapter 5
425	425	and other applicable laws, the director shall permit a voter registered as affiliated with 6
426	426	another party to vote the party's ballot if the voter is permitted by the party's bylaws to 7
427	427	participate in the selection of the party's candidates and may not permit a voter 8
428	428	registered as nonpartisan or undeclared to vote a party's ballot if the party's bylaws 9
429	429	restrict participation by nonpartisan or undeclared voters in the party's primary; 10
430	430	however, for a subsequent primary election, the party shall timely submit another 11
431	431	notice, bylaws, documentation, and other information under (a) of this section if the 12
432	432	party's bylaws regarding who may participate in the primary election for selection of 13
433	433	the party's candidates change. 14
434	434	* Sec. 23. AS 15.25.030(a) is amended to read: 15
435	435	(a) A member of a political party [PERSON] who seeks to become a 16
436	436	candidate of the party in the primary election [OR A SPECIAL PRIMARY 17
437	437	ELECTION] shall execute and file a declaration of candidacy. The declaration shall be 18
438	438	executed under oath before an officer authorized to take acknowledgments and must 19
439	439	state in substance 20
440	440	(1) the full name of the candidate; 21
441	441	(2) the full mailing address of the candidate; 22
442	442	(3) if the candidacy is for the office of state senator or state 23
443	443	representative, the house or senate district of which the candidate is a resident; 24
444	444	(4) the office for which the candidate seeks nomination; 25
445	445	(5) the name of the political party of which the person is a candidate 26
446	446	for nomination [OR POLITICAL GROUP WITH WHICH THE CANDIDATE IS 27
447	447	REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 28
448	448	PREFER A NONPARTISAN OR UNDECLARED DESIGNATION PLACED 29
449	449	AFTER THE CANDIDATE'S NAME ON THE BALLOT]; 30
450	450	(6) the full residence address of the candidate, and the date on which 31 33-LS0002\A
451	451	SB 2 -14- SB0002A
452	452	New Text Underlined [DELETED TEXT BRACKETED]
453	453
454	454	residency at that address began; 1
455	455	(7) the date of the primary election [OR SPECIAL PRIMARY 2
456	456	ELECTION] at which the candidate seeks nomination; 3
457	457	(8) the length of residency in the state and in the district of the 4
458	458	candidate; 5
459	459	(9) that the candidate will meet the specific citizenship requirements of 6
460	460	the office for which the person is a candidate; 7
461	461	(10) that the candidate is a qualified voter as required by law; 8
462	462	(11) that the candidate will meet the specific age requirements of the 9
463	463	office for which the person is a candidate; if the candidacy is for the office of state 10
464	464	representative, that the candidate will be at least 21 years of age on the first scheduled 11
465	465	day of the first regular session of the legislature convened after the election; if the 12
466	466	candidacy is for the office of state senator, that the candidate will be at least 25 years 13
467	467	of age on the first scheduled day of the first regular session of the legislature convened 14
468	468	after the election; if the candidacy is for the office of governor or lieutenant governor, 15
469	469	that the candidate will be at least 30 years of age on the first Monday in December 16
470	470	following election or, if the office is to be filled by special election under 17
471	471	AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 18
472	472	date of certification of the results of the special election; or, for any other office, by 19
473	473	the time that the candidate, if elected, is sworn into office; 20
474	474	(12) that the candidate requests that the candidate's name be placed on 21
475	475	the primary [ELECTION OR SPECIAL PRIMARY] election ballot; 22
476	476	(13) that the required fee accompanies the declaration; 23
477	477	(14) that the person is not a candidate for any other office to be voted 24
478	478	on at the primary or general election and that the person is not a candidate for this 25
479	479	office under any other declaration of candidacy or nominating petition; 26
480	480	(15) the manner in which the candidate wishes the candidate's name to 27
481	481	appear on the ballot; and 28
482	482	(16) that the candidate is registered to vote as a member of the 29
483	483	political party whose nomination is being sought [IF THE CANDIDACY IS FOR 30
484	484	THE OFFICE OF THE GOVERNOR, THE NAME OF THE CANDIDATE FOR 31 33-LS0002\A
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486	486	New Text Underlined [DELETED TEXT BRACKETED]
487	487
488	488	LIEUTENANT GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR 1
489	489	GOVERNOR; AND 2
490	490	(17) IF THE CANDIDACY IS FOR THE OFFICE OF LIEUTENANT 3
491	491	GOVERNOR, THE NAME OF THE CANDIDATE FOR GOVERNOR RUNNING 4
492	492	JOINTLY WITH THE CANDIDATE FOR LIEUTENANT GOVERNOR]. 5
493	493	* Sec. 24. AS 15.25 is amended by adding a new section to read: 6
494	494	Sec. 15.25.057. Nomination by party petition. (a) If an unopposed incumbent 7
495	495	candidate for renomination dies, becomes disqualified from holding the office the 8
496	496	candidate is seeking, or is certified as being incapacitated between June 1 of the 9
497	497	election year and that date which is more than 54 days before the date of the primary 10
498	498	election, the candidate's place on the ballot may be filled by party petition. The 11
499	499	petition shall state that the political party requests the name of the proposed candidate 12
500	500	replace that of the incumbent on the primary election ballot and shall be accompanied 13
501	501	by a declaration of candidacy from the person named in the petition. The petition must 14
502	502	be received by the director not later than 14 days after the death, disqualification, or 15
503	503	certification of incapacity of the incumbent or 52 days before the primary election 16
504	504	date, whichever time is earlier. 17
505	505	(b) The method for certifying an incumbent candidate for nomination as being 18
506	506	incapacitated, the method for selecting the person who is to be named in the party 19
507	507	petition, and the method for placing the name of the person selected on the primary 20
508	508	nomination ballot are the same as those prescribed in AS 15.25.111 and 15.25.131 21
509	509	relating to filling vacancies of party nominees in a general election. 22
510	510	(c) The death, disqualification, or certification of incapacity of the incumbent 23
511	511	within 52 days before or on the primary election date does not affect the counting and 24
512	512	review of the ballots. If the result of the counting and review discloses that the 25
513	513	candidate, if the candidate had lived, would have been nominated, the candidate shall 26
514	514	be declared nominated. The vacancy may be filled by party petition as provided in 27
515	515	AS 15.25.111 - 15.25.131. 28
516	516	* Sec. 25. AS 15.25.060 is repealed and reenacted to read: 29
517	517	Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 30
518	518	(a) The primary election ballots shall be prepared and distributed by the director in the 31 33-LS0002\A
519	519	SB 2 -16- SB0002A
520	520	New Text Underlined [DELETED TEXT BRACKETED]
521	521
522	522	manner prescribed in this section. The director shall prepare and provide a primary 1
523	523	election ballot for each political party that contains all of the candidates of that party 2
524	524	for elective state executive and state and national legislative offices and all of the 3
525	525	ballot titles and propositions required to appear on the ballot at the primary election. 4
526	526	The director shall print the ballots on white paper and place the names of all 5
527	527	candidates who have properly filed in groups according to offices. The order of the 6
528	528	placement of the names for each office shall be as provided for the general election 7
529	529	ballot. Blank spaces may not be provided on the ballot for the writing or pasting in of 8
530	530	names. The director shall also prepare and print a separate primary election ballot 9
531	531	including only the ballot titles and propositions required to appear on the ballot. 10
532	532	(b) A voter may vote only one primary election ballot. A voter may vote a 11
533	533	political party ballot only if the voter is registered as affiliated with that party, is 12
534	534	allowed to participate in the party primary under the party's bylaws, or is registered as 13
535	535	nonpartisan or undeclared rather than as affiliated with a particular political party and 14
536	536	the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 15
537	537	the party's primary. For the purpose of determining which primary election ballot a 16
538	538	voter may use, a voter's party affiliation is considered to be the affiliation registered 17
539	539	with the director as of the 30th day before the primary election. If a voter changes 18
540	540	party affiliation within the 30 days before the primary election, the voter's previous 19
541	541	party affiliation shall be used for the determination under this subsection. 20
542	542	(c) If a voter is not voting in person and has requested an absentee ballot or 21
543	543	special needs ballot but has not indicated a choice of ballot, the director shall provide 22
544	544	the voter with the ballot listing the candidates of the political party or group with 23
545	545	which the voter is affiliated, as determined under (b) of this section. 24
546	546	* Sec. 26. AS 15.25.100 is repealed and reenacted to read: 25
547	547	Sec. 15.25.100. Placement of nominees on general election ballot. The 26
548	548	director shall place the name of the candidate receiving the highest number of votes 27
549	549	for an office by a political party on the general election ballot. 28
550	550	* Sec. 27. AS 15.25.105(a) is amended to read: 29
551	551	(a) If a candidate does not appear on the primary election ballot or is not 30
552	552	successful in advancing to the general election and wishes to be a candidate in the 31 33-LS0002\A
553	553	SB0002A -17- SB 2
554	554	New Text Underlined [DELETED TEXT BRACKETED]
555	555
556	556	general election, the candidate may file as a write-in candidate. Votes for a write-in 1
557	557	candidate may not be counted unless that candidate has filed a letter of intent with the 2
558	558	director stating 3
559	559	(1) the full name of the candidate; 4
560	560	(2) the full residence address of the candidate and the date on which 5
561	561	residency at that address began; 6
562	562	(3) the full mailing address of the candidate; 7
563	563	(4) the name of the political party or political group of which the 8
564	564	candidate is a member, if any [WITH WHICH THE CANDIDATE IS 9
565	565	REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 10
566	566	PREFER A NONPARTISAN OR UNDECLARED DESIGNATION]; 11
567	567	(5) if the candidate is for the office of state senator or state 12
568	568	representative, the house or senate district of which the candidate is a resident; 13
569	569	(6) the office that the candidate seeks; 14
570	570	(7) the date of the election at which the candidate seeks election; 15
571	571	(8) the length of residency in the state and in the house district of the 16
572	572	candidate; 17
573	573	(9) the name of the candidate as the candidate wishes it to be written 18
574	574	on the ballot by the voter; 19
575	575	(10) that the candidate meets the specific citizenship requirements of 20
576	576	the office for which the person is a candidate; 21
577	577	(11) that the candidate will meet the specific age requirements of the 22
578	578	office for which the person is a candidate; if the candidacy is for the office of state 23
579	579	representative, that the candidate will be at least 21 years of age on the first scheduled 24
580	580	day of the first regular session of the legislature convened after the election; if the 25
581	581	candidacy is for the office of state senator, that the candidate will be at least 25 years 26
582	582	of age on the first scheduled day of the first regular session of the legislature convened 27
583	583	after the election; if the candidacy is for the office of governor or lieutenant governor, 28
584	584	that the candidate will be at least 30 years of age on the first Monday in December 29
585	585	following election or, if the office is to be filled by special election under 30
586	586	AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 31 33-LS0002\A
587	587	SB 2 -18- SB0002A
588	588	New Text Underlined [DELETED TEXT BRACKETED]
589	589
590	590	date of certification of the results of the special election; or, for any other office, by 1
591	591	the time that the candidate, if elected, is sworn into office; 2
592	592	(12) that the candidate is a qualified voter as required by law; and 3
593	593	(13) that the candidate is not a candidate for any other office to be 4
594	594	voted on at the general election and that the candidate is not a candidate for this office 5
595	595	under any other nominating petition or declaration of candidacy. 6
596	596	* Sec. 28. AS 15.25.105(b) is amended to read: 7
597	597	(b) If a write-in candidate is running for the office of governor, the candidate 8
598	598	must file a joint letter of intent together with a candidate for lieutenant governor. Both 9
599	599	candidates must be of the same political party or group. 10
600	600	* Sec. 29. AS 15.25 is amended by adding new sections to article 1 to read: 11
601	601	Sec. 15.25.111. Filling vacancies by party petition. If a candidate of a 12
602	602	political party nominated at the primary election dies, withdraws, resigns, becomes 13
603	603	disqualified from holding the office for which the candidate is nominated, or is 14
604	604	certified as being incapacitated in the manner prescribed by this section after the 15
605	605	primary election and 64 days or more before the general election, the vacancy may be 16
606	606	filled by party petition. The central committee of any political party or any party 17
607	607	district committee may certify as being incapacitated any candidate nominated by their 18
608	608	respective party by presenting to the director a sworn statement made by a panel of 19
609	609	three licensed physicians, not more than two of whom may be of the same political 20
610	610	party, that the candidate is physically or mentally incapacitated to an extent that 21
611	611	would, in the panel's judgment, prevent the candidate from active service during the 22
612	612	term of office if elected. The director shall place the name of the person nominated by 23
613	613	party petition on the general election ballot. The name of a candidate disqualified 24
614	614	under this section may not appear on the general election ballot. 25
615	615	Sec. 15.25.121. Requirements for party petition. Party petitions for the 26
616	616	nomination of candidates shall state in substance that the political party desires and 27
617	617	intends to support the named candidate for the named office and requests that the 28
618	618	name of the proposed candidate be placed on the general election ballot. The petition 29
619	619	may be filed not later than 64 days before the date of the general election. 30
620	620	Sec. 15.25.131. Selection of nominees for party petition. The nominees of 31 33-LS0002\A
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622	622	New Text Underlined [DELETED TEXT BRACKETED]
623	623
624	624	political parties by party petition may be selected for statewide offices by the state 1
625	625	party central committee or in any other manner prescribed by the party bylaws, and the 2
626	626	petition for statewide offices shall be signed by the state chairperson of the political 3
627	627	party or, in the absence of the state chairperson, by any two members of the state party 4
628	628	central committee. The nominees of political parties by party petition may be selected 5
629	629	for district-wide offices by the respective party district committee or in any other 6
630	630	manner prescribed by the party bylaws, and the petition for district-wide offices shall 7
631	631	be signed by the chairperson of the party district committee or, in the absence of the 8
632	632	chairperson, by any two members of the party district committee, or in any other 9
633	633	manner prescribed by the party bylaws. The petition may be delivered in person or by 10
634	634	mail, facsimile, or other reliable electronic transmission. 11
635	635	* Sec. 30. AS 15.25 is amended by adding new sections to article 2 to read: 12
636	636	Sec. 15.25.141. Provision for no-party candidate nominations. Candidates 13
637	637	not representing a political party are nominated by petition. 14
638	638	Sec. 15.25.151. Date of filing petition. A candidate seeking nomination by 15
639	639	petition shall submit the information required under AS 15.25.181(a)(1) - (8) and (11) 16
640	640	- (17) to the director in the time and manner specified in AS 15.25.040. The full 17
641	641	petition with voter signatures shall be filed with the director by actual physical 18
642	642	delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary 19
643	643	election in the year in which a general election is held for the office, or by actual 20
644	644	physical delivery to the director by registered or certified mail return receipt requested 21
645	645	that is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary 22
646	646	election in the year in which a general election is held for the office, and received not 23
647	647	more than 15 days after that time. If the postmark is illegible, a dated receipt from the 24
648	648	post office where dispatched shall be acceptable as evidence of mailing. 25
649	649	Sec. 15.25.161. Required number of signatures for statewide office. 26
650	650	Petitions for the nomination of candidates for the office of governor, lieutenant 27
651	651	governor, United States senator, and United States representative shall be signed by 28
652	652	qualified voters of the state equal in number to at least one percent of the number of 29
653	653	voters who cast ballots in the preceding general election. 30
654	654	Sec. 15.25.171. Required number of signatures for district-wide office. 31 33-LS0002\A
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656	656	New Text Underlined [DELETED TEXT BRACKETED]
657	657
658	658	Petitions for the nomination of candidates for the office of state senator or state 1
659	659	representative shall be signed by qualified voters of the house or senate district in 2
660	660	which the proposed nominee desires to be a candidate equal in number to at least one 3
661	661	percent of the number of voters who cast ballots in the proposed nominee's respective 4
662	662	house or senate district in the preceding general election. A nominating petition may 5
663	663	not contain fewer than 50 signatures for any district. 6
664	664	Sec. 15.25.181. Requirements for petition. (a) The petition must state in 7
665	665	substance 8
666	666	(1) the full name of the candidate; 9
667	667	(2) the full residence address of the candidate and the date on which 10
668	668	residency at that address began; 11
669	669	(3) the full mailing address of the candidate; 12
670	670	(4) the name of the political group, if any, supporting the candidate; 13
671	671	(5) if the candidacy is for the office of state senator or state 14
672	672	representative, the house or senate district of which the candidate is a resident; 15
673	673	(6) the office for which the candidate is nominated; 16
674	674	(7) the date of the election at which the candidate seeks election; 17
675	675	(8) the length of residency in the state and in the district of the 18
676	676	candidate; 19
677	677	(9) that the subscribers are qualified voters of the state or house or 20
678	678	senate district in which the candidate resides; 21
679	679	(10) that the subscribers request that the candidate's name be placed on 22
680	680	the general election ballot; 23
681	681	(11) that the proposed candidate accepts the nomination and will serve 24
682	682	if elected with the statement signed by the proposed candidate; 25
683	683	(12) the name of the candidate as the candidate wishes it to appear on 26
684	684	the ballot; 27
685	685	(13) that the candidate is not a candidate for any other office to be 28
686	686	voted on at the primary or general election and that the candidate is not a candidate for 29
687	687	this office under any other nominating petition or declaration
688	688	of candidacy; 30
689	689	(14) that the candidate meets the specific citizenship requirements of 31 33-LS0002\A
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691	691	New Text Underlined [DELETED TEXT BRACKETED]
692	692
693	693	the office for which the person is a candidate; 1
694	694	(15) that the candidate will meet the specific age requirements of the 2
695	695	office for which the person is a candidate; if the candidacy is for the office of state 3
696	696	representative, that the candidate will be at least 21 years of age on the first scheduled 4
697	697	day of the first regular session of the legislature convened after the election; if the 5
698	698	candidacy is for the office of state senator, that the candidate will be at least 25 years 6
699	699	of age on the first scheduled day of the first regular session of the legislature convened 7
700	700	after the election; and if the candidacy is for the office of governor or lieutenant 8
701	701	governor, that the candidate will be at least 30 years of age on the first Monday in 9
702	702	December following the election or, if the office is to be filled by special election 10
703	703	under AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on 11
704	704	the date of certification of the results of the special election; or, for any other office, 12
705	705	by the time that the candidate, if elected, is sworn into office; 13
706	706	(16) that the candidate is a qualified voter; and 14
707	707	(17) if the candidacy is for the office of the governor, the name of the 15
708	708	candidate for lieutenant governor running jointly with the candidate for governor. 16
709	709	(b) A person filing a nominating petition under this section, other than a 17
710	710	person subject to AS 24.60 who is filing a petition for a state legislative office, shall 18
711	711	simultaneously file with the director a statement of income sources and business 19
712	712	interests that complies with the requirements of AS 39.50. A person who is subject to 20
713	713	AS 24.60 and is filing a nominating petition for state legislative office shall 21
714	714	simultaneously file with the director a disclosure statement that complies with the 22
715	715	requirements of AS 24.60.200. 23
716	716	(c) An incumbent public official, other than a legislator, who has a current 24
717	717	statement of income sources and business interests under AS 39.50 on file with the 25
718	718	Alaska Public Offices Commission, or an incumbent legislator who has a current 26
719	719	disclosure statement under AS 24.60.200 on file with the Alaska Public Offices 27
720	720	Commission, is not required to file a statement of income sources and business 28
721	721	interests or a disclosure statement with the nominating petition under (b) of this 29
722	722	section. 30
723	723	Sec. 15.25.186. Eligibility of candidate. The provisions of AS 15.25.042 and 31 33-LS0002\A
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725	725	New Text Underlined [DELETED TEXT BRACKETED]
726	726
727	727	15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 1
728	728	nomination by petition under AS 15.25.141 - 15.25.201. 2
729	729	Sec. 15.25.191. Placement of names on general election ballot. The director 3
730	730	shall place the names and the political group affiliation of persons who have been 4
731	731	properly nominated by petition on the general election ballot. 5
732	732	Sec. 15.25.201. Withdrawal of candidate's name. If a candidate nominated 6
733	733	by petition dies or withdraws after the petition has been filed and 64 days or more 7
734	734	before the general election, the director may not place the name of the candidate on 8
735	735	the general election ballot. 9
736	736	* Sec. 31. AS 15.30.010 is amended to read: 10
737	737	Sec. 15.30.010. Provision for selection of electors. Electors of President and 11
738	738	Vice President of the United States are selected by election at the general election in 12
739	739	presidential election years [, IN THE MANNER AND AS DETERMINED BY THE 13
740	740	RANKED-CHOICE METHOD OF TABULATING VOTES DESCRIBED IN 14
741	741	AS 15.15.350 - 15.15.370]. 15
742	742	* Sec. 32. AS 15.40.140 is amended to read: 16
743	743	Sec. 15.40.140. Condition of calling [SPECIAL PRIMARY ELECTION 17
744	744	AND] special election. When a vacancy occurs in the office of United States senator 18
745	745	or United States representative, the governor shall, by proclamation, call a special 19
746	746	[PRIMARY] election under AS 15.40.144(a); however, [TO BE HELD ON A DATE 20
747	747	NOT LESS THAN 60, NOR MORE THAN 90, DAYS AFTER THE DATE THE 21
748	748	VACANCY OCCURS, TO BE FOLLOWED BY A SPECIAL ELECTION ON THE 22
749	749	FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS 23
750	750	THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION. HOWEVER, IN 24
751	751	AN ELECTION YEAR IN WHICH A CANDIDATE FOR THAT OFFICE IS NOT 25
752	752	REGULARLY ELECTED,] if the vacancy occurs on a date that is [NOT] less than 60 26
753	753	[, NOR MORE THAN 90,] days before or is on or after the date of 27
754	754	[(1)] the primary election in the general election year during which 28
755	755	a candidate to fill the office is regularly elected, the governor may not call a [, 29
756	756	THE] special [PRIMARY] election [SHALL BE HELD ON THE DATE OF THE 30
757	757	PRIMARY ELECTION WITH THE SUBSEQUENT SPECIAL ELECTION TO BE 31 33-LS0002\A
758	758	SB0002A -23- SB 2
759	759	New Text Underlined [DELETED TEXT BRACKETED]
760	760
761	761	HELD ON THE DATE OF THE GENERAL ELECTION; OR 1
762	762	(2) THE GENERAL ELECTION, THE SPECIAL PRIMARY 2
763	763	ELECTION SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION 3
764	764	WITH THE SUBSEQUENT SPECIAL ELECTION TO BE HELD ON THE FIRST 4
765	765	TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS THAN 5
766	766	60 DAYS AFTER THE SPECIAL PRIMARY AND GENERAL ELECTION]. 6
767	767	* Sec. 33. AS 15.40 is amended by adding new sections to read: 7
768	768	Sec. 15.40.143. Condition of calling a special runoff election. (a) If no 8
769	769	candidate in a special election called under AS 15.40.140 receives over 50 percent of 9
770	770	the votes cast for the office, the governor shall, by proclamation, call a special runoff 10
771	771	election under AS 15.40.144(b). 11
772	772	(b) In a special runoff election called under (a) of this section, the director 12
773	773	shall place the names of the candidates receiving the greatest number of votes and the 13
774	774	second greatest number of votes in the special election on the special runoff election 14
775	775	ballot. 15
776	776	Sec. 15.40.144. Time of calling the special election and special runoff 16
777	777	election. (a) Except as provided in (c) of this section, if a special election is called 17
778	778	under AS 15.40.140, the special election shall be held on a date not less than 60, nor 18
779	779	more than 90, days after the date the vacancy occurs. 19
780	780	(b) Except as provided in (c) of this section, a special runoff election under 20
781	781	AS 15.40.143 shall be held on the first Tuesday that is not a state holiday occurring 21
782	782	not less than 60 days after the special election. 22
783	783	(c) In an election year in which a candidate for the vacant office is not 23
784	784	regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 24
785	785	than 90, days before the date of 25
786	786	(1) the primary election, the special election shall be held on the date 26
787	787	of the primary election with any subsequent special runoff election under 27
788	788	AS 15.40.143 to be held on the date of the general election; or 28
789	789	(2) the general election, the special election shall be held on the date of 29
790	790	the general election with any subsequent special runoff election under AS 15.40.143 to 30
791	791	be held on the first Tuesday that is not a state holiday occurring not less than 60 days 31 33-LS0002\A
792	792	SB 2 -24- SB0002A
793	793	New Text Underlined [DELETED TEXT BRACKETED]
794	794
795	795	after the special and general election. 1
796	796	* Sec. 34. AS 15.40 is amended by adding a new section to read: 2
797	797	Sec. 15.40.151. Condition for holding special election with primary. If the 3
798	798	vacancy occurs on a date not less than 60, nor more than 90, days before the date of 4
799	799	the primary election, the governor shall, by proclamation, call the special election to 5
800	800	be held on the date of the primary election. 6
801	801	* Sec. 35. AS 15.40.160 is amended to read: 7
802	802	Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 8
803	803	[CALLING THE SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at 9
804	804	least 50 days before the 10
805	805	(1) special [PRIMARY] election; and 11
806	806	(2) if a special runoff election is required under AS 15.40.143(a), 12
807	807	special runoff election. 13
808	808	* Sec. 36. AS 15.40.165 is amended to read: 14
809	809	Sec. 15.40.165. Term of elected senator. At the special election, or, as 15
810	810	provided in AS 15.40.143, at the special runoff election, a United States senator 16
811	811	shall be elected to fill the remainder of the unexpired term. The person elected shall 17
812	812	take office on the date the United States Senate meets, convenes, or reconvenes 18
813	813	following the certification of the results of the special election or special runoff 19
814	814	election by the director. 20
815	815	* Sec. 37. AS 15.40.170 is amended to read: 21
816	816	Sec. 15.40.170. Term of elected representative. At the special election, or, as 22
817	817	provided in AS 15.40.143, at the special runoff election, a United States 23
818	818	representative shall be elected to fill the remainder of the unexpired term. The person 24
819	819	elected shall take office on the date the United States house of representatives meets, 25
820	820	convenes, or reconvenes following the certification of the results of the special 26
821	821	election or special runoff election by the director. 27
822	822	* Sec. 38. AS 15.40.190 is amended to read: 28
823	823	Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions 29
824	824	for the nomination of candidates not representing a political party shall be signed 30
825	825	by qualified voters of the state equal in number to at least one percent of the 31 33-LS0002\A
826	826	SB0002A -25- SB 2
827	827	New Text Underlined [DELETED TEXT BRACKETED]
828	828
829	829	number of voters who cast ballots in the preceding general election and shall 1
830	830	[MUST BE EXECUTED UNDER OATH,] state in substance that which is required 2
831	831	for nomination petitions under AS 15.25.181 [A DECLARATION OF 3
832	832	CANDIDACY UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED 4
833	833	UNDER AS 15.25.050(a)]. 5
834	834	* Sec. 39. AS 15.40 is amended by adding new sections to read: 6
835	835	Sec. 15.40.201. Requirements of party petition. Petitions for the nomination 7
836	836	of candidates of political parties shall state in substance that the party desires and 8
837	837	intends to support the named candidate for the office of United States senator or 9
838	838	United States representative, as appropriate, at the special election and requests that 10
839	839	the name of the candidate nominated be placed on the ballot. 11
840	840	Sec. 15.40.211. Selection of party nominees. The nominees of political 12
841	841	parties may be selected by the state convention or in any other manner prescribed by 13
842	842	the party bylaws, and the petition shall be signed by the chairperson and secretary of 14
843	843	the state convention, or, if the nominees are selected by the party central committee, 15
844	844	the petition shall be signed by the chairperson of the central committee or in any other 16
845	845	manner prescribed by the party bylaws. 17
846	846	* Sec. 40. AS 15.40.220 is amended to read: 18
847	847	Sec. 15.40.220. General provisions for conduct of [THE] special 19
848	848	[PRIMARY] election and special runoff election. Unless specifically provided 20
849	849	otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 21
850	850	general election shall govern the conduct of the special [PRIMARY] election and the 22
851	851	special runoff election of the United States senator or United States representative, 23
852	852	including provisions concerning voter qualifications; provisions regarding the duties, 24
853	853	powers, rights, and obligations of the director, of other election officials, and of 25
854	854	municipalities; provision for notification of the election; provision for payment of 26
855	855	election expenses; provisions regarding employees being allowed time from work to 27
856	856	vote; provisions for the counting, reviewing, and certification of returns; provisions 28
857	857	for running as, voting for, and counting ballots for a write-in candidate; 29
858	858	provisions for the determination of the votes and of recounts, contests, and appeal; and 30
859	859	provision for absentee voting. 31 33-LS0002\A
860	860	SB 2 -26- SB0002A
861	861	New Text Underlined [DELETED TEXT BRACKETED]
862	862
863	863	* Sec. 41. AS 15.40.230 is amended to read: 1
864	864	Sec. 15.40.230. Condition and time of calling [SPECIAL PRIMARY 2
865	865	ELECTION AND] special election. When a person appointed to succeed to the 3
866	866	office of lieutenant governor succeeds to the office of acting governor, the acting 4
867	867	governor shall, by proclamation, call a special [PRIMARY] election to be held on a 5
868	868	date not less than 60, nor more than 90, days after the date the vacancy in the office of 6
869	869	the governor occurred [AND A SUBSEQUENT SPECIAL ELECTION TO BE HELD 7
870	870	ON THE FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING 8
871	871	NOT LESS THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION]. 9
872	872	However, if the vacancy occurs on a date that is less than 60 days before or is on or 10
873	873	after the date of the primary election in years in which a governor is regularly elected, 11
874	874	the acting governor shall serve the remainder of the unexpired term and may not call a 12
875	875	special election. 13
876	876	* Sec. 42. AS 15.40.240 is amended to read: 14
877	877	Sec. 15.40.240. Conditions for holding special [PRIMARY ELECTION 15
878	878	AND SPECIAL] election with primary or general election. If the vacancy occurs 16
879	879	on a date not less than 60, nor more than 90, days before the date of the primary 17
880	880	election in years in which a governor is regularly elected [IN AN ELECTION 18
881	881	YEAR IN WHICH A GOVERNOR IS NOT REGULARLY ELECTED, THE 19
882	882	ACTING GOVERNOR SHALL, BY PROCLAMATION, CALL THE SPECIAL 20
883	883	PRIMARY ELECTION TO BE HELD ON THE DATE OF THE PRIMARY 21
884	884	ELECTION AND THE SPECIAL ELECTION TO BE HELD ON THE DATE OF 22
885	885	THE GENERAL ELECTION,] or [,] if the vacancy occurs on a date not less than 60, 23
886	886	nor more than 90, days before the date of the primary election or general election in 24
887	887	election years in which a governor is not regularly elected, the acting governor shall, 25
888	888	by proclamation, call the special [PRIMARY] election to be held on the date of the 26
889	889	primary election or general election [WITH THE SUBSEQUENT SPECIAL 27
890	890	ELECTION TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A STATE 28
891	891	HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE SPECIAL 29
892	892	PRIMARY AND GENERAL ELECTION]. 30
893	893	* Sec. 43. AS 15.40.250 is amended to read: 31 33-LS0002\A
894	894	SB0002A -27- SB 2
895	895	New Text Underlined [DELETED TEXT BRACKETED]
896	896
897	897	Sec. 15.40.250. Proclamation of [SPECIAL PRIMARY ELECTION AND] 1
898	898	special election. The acting governor shall issue the proclamation [CALLING THE 2
899	899	SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at least 50 days 3
900	900	before the [SPECIAL PRIMARY] election. 4
901	901	* Sec. 44. AS 15.40.280 is amended to read: 5
902	902	Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions 6
903	903	for the nomination of candidates not representing a political party shall be signed 7
904	904	by qualified voters of the state equal in number to at least one percent of the 8
905	905	number of voters who cast ballots in the preceding general election, shall include 9
906	906	nominees for the office of governor and lieutenant governor, and shall [MUST BE 10
907	907	EXECUTED UNDER OATH,] state in s ubstance that which is required for 11
908	908	nomination petitions under AS 15.25.181 [A DECLARATION OF CANDIDACY 12
909	909	UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 13
910	910	AS 15.25.050(a)]. 14
911	911	* Sec. 45. AS 15.40 is amended by adding new sections to read: 15
912	912	Sec. 15.40.291. Requirements of party petition. Petitions for the nomination 16
913	913	of candidates of political parties shall state in substance that the party desires and 17
914	914	intends to support the named candidates for the offices of governor and lieutenant 18
915	915	governor at the special election and requests that the names of the two candidates 19
916	916	nominated be placed on the ballot. 20
917	917	Sec. 15.40.301. Selection of party nominees. The nominees of political 21
918	918	parties may be selected by state convention or in any other manner prescribed by the 22
919	919	party bylaws, and the petition shall be signed by the chairperson and secretary of the 23
920	920	state convention, or, if the nominees are selected by the party central committee, the 24
921	921	petition shall be signed by the state chairperson of the political party or in any other 25
922	922	manner prescribed by the party bylaws. 26
923	923	* Sec. 46. AS 15.40.310 is amended to read: 27
924	924	Sec. 15.40.310. General provisions for conduct of [THE SPECIAL 28
925	925	PRIMARY ELECTION AND] special election. Unless specifically provided 29
926	926	otherwise, all provisions regarding the conduct of the [PRIMARY AND] general 30
927	927	election shall govern the conduct of the special [PRIMARY ELECTION AND 31 33-LS0002\A
928	928	SB 2 -28- SB0002A
929	929	New Text Underlined [DELETED TEXT BRACKETED]
930	930
931	931	SPECIAL] election of the governor and lieutenant governor, including provisions 1
932	932	concerning voter qualifications; provisions regarding the duties, powers, rights, and 2
933	933	obligations of the director, of other election officials, and of municipalities; provision 3
934	934	for notification of the election; provision for payment of election expenses; provisions 4
935	935	regarding employees being allowed time from work to vote; provisions for the 5
936	936	counting, reviewing, and certification of returns; provisions for the determination of 6
937	937	the votes and of recounts, contests, and appeal; and provision for absentee voting. 7
938	938	* Sec. 47. AS 15.40.330 is amended to read: 8
939	939	Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 9
940	940	appointee shall meet the qualifications of a member of the legislature as prescribed in 10
941	941	art. II, sec. 2, Constitution of the State of Alaska, [AND, IF THE PREDECESSOR IN 11
942	942	OFFICE WAS A MEMBER OF A POLITICAL PARTY OR POLITICAL GROUP 12
943	943	AT THE TIME OF THE VACANCY, (1)] shall be a member of the same political 13
944	944	party [OR POLITICAL GROUP] as that which nominated the predecessor in office, 14
945	945	[;] and [(2)] shall be subject to confirmation by a majority of the members of the 15
946	946	legislature who are members of the same political party as that which nominated 16
947	947	[OR POLITICAL GROUP] the predecessor in office and of the same house as was the 17
948	948	predecessor in office. If the predecessor in office was not nominated by [A 18
949	949	MEMBER OF] a political party or [POLITICAL GROUP AT THE TIME OF THE 19
950	950	VACANCY, OR,] if no other member of the predecessor's political party [OR 20
951	951	POLITICAL GROUP] is a member of the predecessor's house of the legislature, the 21
952	952	governor may appoint any qualified person. If the appointee is not a member of a 22
953	953	political party [OR POLITICAL GROUP, AS PROVIDED IN (b) OF THIS 23
954	954	SECTION], the appointment is not subject to confirmation. If the appointee is a 24
955	955	member of a political party [OR POLITICAL GROUP], the appointment is subject to 25
956	956	confirmation as provided in [BY (b) OF] this section for the confirmation of political 26
957	957	party [OR POLITICAL GROUP] appointees. 27
958	958	(b) A member of a political party [OR POLITICAL GROUP] is a person who 28
959	959	supports the political program of a [POLITICAL] party [OR POLITICAL GROUP]. 29
960	960	The filing for office of a candidate as an independent candidate or a candidate not 30
961	961	representing a political party [ABSENCE OF A POLITICAL PARTY OR 31 33-LS0002\A
962	962	SB0002A -29- SB 2
963	963	New Text Underlined [DELETED TEXT BRACKETED]
964	964
965	965	POLITICAL GROUP DESIGNATION AFTER A CANDIDATE'S NAME ON AN 1
966	966	ELECTION BALLOT] does not preclude a candidate from being a member of a 2
967	967	political party [OR POLITICAL GROUP]. Recognition of an independent candidate 3
968	968	or a candidate not representing a political party [A CANDIDATE] as a member of 4
969	969	a [POLITICAL] party [OR POLITICAL GROUP] caucus of members of t he 5
970	970	legislature at the legislative session following the election of the independent 6
971	971	candidate or candidate not representing a political party is recognition of that 7
972	972	person's [POLITICAL] party [OR POLITICAL GROUP] membership at the time 8
973	973	filings were made by party candidates for the preceding general election [FOR 9
974	974	THE PURPOSES OF CONFIRMATION UNDER THIS SECTION]. 10
975	975	* Sec. 48. AS 15.40.380 is amended to read: 11
976	976	Sec. 15.40.380. Conditions for part-term senate appointment and special 12
977	977	election. If the vacancy is for an unexpired senate term of more than two years and 13
978	978	five full calendar months, the governor shall call a special [PRIMARY ELECTION 14
979	979	AND A SPECIAL] election by proclamation and the appointment shall expire on the 15
980	980	date the state senate first convenes or reconvenes following the certification of the 16
981	981	results of the special election by the director. 17
982	982	* Sec. 49. AS 15.40.390 is amended to read: 18
983	983	Sec. 15.40.390. Date of special [PRIMARY ELECTION AND SPECIAL] 19
984	984	election. The special [PRIMARY] election to fill a vacancy in the state senate shall be 20
985	985	held on the date of the first general [PRIMARY] election held more than three full 21
986	986	calendar months [60 DAYS] after the senate vacancy occurs [, AND THE SPECIAL 22
987	987	ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL 23
988	988	ELECTION THEREAFTER]. 24
989	989	* Sec. 50. AS 15.40.400 is amended to read: 25
990	990	Sec. 15.40.400. Proclamation of [SPECIAL PRIMARY ELECTION AND] 26
991	991	special election. The governor shall issue the proclamation calling the [SPECIAL 27
992	992	PRIMARY ELECTION AND] special election at least 50 days before the [SPECIAL 28
993	993	PRIMARY] election. 29
994	994	* Sec. 51. AS 15.40.440 is amended to read: 30
995	995	Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 31 33-LS0002\A
996	996	SB 2 -30- SB0002A
997	997	New Text Underlined [DELETED TEXT BRACKETED]
998	998
999	999	for the nomination of candidates not representing a political party shall be signed 1
1000	1000	by qualified voters equal in number to at least one percent of the number of 2
1001	1001	voters who cast ballots in the proposed nominee's respective house or senate 3
1002	1002	district in the preceding general election. A nominating petition may not contain 4
1003	1003	fewer than 50 signatures for any district and must [BE EXECUTED UNDER 5
1004	1004	OATH,] state in substance that which is required in petitions for nomination under 6
1005	1005	AS 15.25.181 [A DECLARATION OF CANDIDACY UNDER AS 15.25.030, AND 7
1006	1006	INCLUDE THE FEE REQUIRED UNDER AS 15.25.050(a)]. 8
1007	1007	* Sec. 52. AS 15.40 is amended by adding new sections to read: 9
1008	1008	Sec. 15.40.451. Requirements of petition by political party. Petitions for the 10
1009	1009	nomination of candidates of political parties shall state in substance that the party 11
1010	1010	desires and intends to support the named candidate for the office of state senator at the 12
1011	1011	special election and requests that the name of the candidate be placed on the ballot. 13
1012	1012	Sec. 15.40.461. Selection of political party nominees. The nominees of 14
1013	1013	political parties may be selected by the respective party district committee or by any 15
1014	1014	other manner as provided by the party bylaws, and the petition shall be signed by the 16
1015	1015	chairperson of the party district committee or by any other party official designated by 17
1016	1016	the party bylaws. 18
1017	1017	* Sec. 53. AS 15.40.470 is amended to read: 19
1018	1018	Sec. 15.40.470. General provision for conduct of [THE SPECIAL 20
1019	1019	PRIMARY ELECTION AND] special election. Unless specifically provided 21
1020	1020	otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 22
1021	1021	general election shall govern the conduct of the special [PRIMARY ELECTION AND 23
1022	1022	SPECIAL] election of state senators, including provisions concerning voter 24
1023	1023	qualifications; provisions regarding the duties, powers, rights, and obligations of the 25
1024	1024	director, of other election officials, and of municipalities; provision for notification of 26
1025	1025	the election; provision for payment of election expenses; provisions regarding 27
1026	1026	employees being allowed time from work to vote; provisions for the counting, 28
1027	1027	reviewing, and certification of returns; provisions for the determination of the votes 29
1028	1028	and of recounts, contests, and appeal; and provision for absentee voting. 30
1029	1029	* Sec. 54. AS 15.45.190 is amended to read: 31 33-LS0002\A
1030	1030	SB0002A -31- SB 2
1031	1031	New Text Underlined [DELETED TEXT BRACKETED]
1032	1032
1033	1033	Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 1
1034	1034	direct the director to place the ballot title and proposition on the election ballot of the 2
1035	1035	first statewide general, special, special runoff [PRIMARY], or primary election that is 3
1036	1036	held after 4
1037	1037	(1) the petition has been filed; 5
1038	1038	(2) a legislative session has convened and adjourned; and 6
1039	1039	(3) a period of 120 days has expired since the adjournment of the 7
1040	1040	legislative session. 8
1041	1041	* Sec. 55. AS 15.45.420 is amended to read: 9
1042	1042	Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 10
1043	1043	direct the director to place the ballot title and proposition on the election ballot for the 11
1044	1044	first statewide general, special, special runoff [PRIMARY], or primary election held 12
1045	1045	more than 180 days after adjournment of the legislative session at which the act was 13
1046	1046	passed. 14
1047	1047	* Sec. 56. AS 15.58.010 is amended to read: 15
1048	1048	Sec. 15.58.010. Election pamphlet. Before each state general election, and 16
1049	1049	before each state primary, special, or special runoff [PRIMARY] election at which a 17
1050	1050	ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 18
1051	1051	prepare, publish, and mail at least one election pamphlet to each household identified 19
1052	1052	from the official registration list. The pamphlet shall be prepared on a regional basis as 20
1053	1053	determined by the lieutenant governor. 21
1054	1054	* Sec. 57. AS 15.58.020(b) is amended to read: 22
1055	1055	(b) Each primary, special, or special runoff [PRIMARY] election pamphlet 23
1056	1056	shall contain only the information specified in (a)(6) and (a)(9) of this section for each 24
1057	1057	ballot measure scheduled to appear on the primary, special, or special runoff 25
1058	1058	[PRIMARY] election ballot. 26
1059	1059	* Sec. 58. AS 15.58.030(b) is amended to read: 27
1060	1060	(b) Not later than July 22 of a year in which a state general election will be 28
1061	1061	held, an individual who becomes a candidate for the office of United States senator, 29
1062	1062	United States representative, governor, lieutenant governor, state senator, or state 30
1063	1063	representative under AS 15.25.030 or 15.25.181 may file with the lieutenant governor 31 33-LS0002\A
1064	1064	SB 2 -32- SB0002A
1065	1065	New Text Underlined [DELETED TEXT BRACKETED]
1066	1066
1067	1067	a photograph and a statement advocating the candidacy. An individual who becomes 1
1068	1068	a candidate for the office of United States senator, United States representative, 2
1069	1069	governor, lieutenant governor, state senator, or state representative by party 3
1070	1070	petition filed under AS 15.25.111 may file with the lieutenant governor a 4
1071	1071	photograph and a statement advocating the candidacy within 10 days of 5
1072	1072	becoming a candidate. 6
1073	1073	* Sec. 59. AS 15.80.010(9) is amended to read: 7
1074	1074	(9) "federal election" means a general, special, special runoff 8
1075	1075	[PRIMARY], or primary election held solely or in part for the purpose of selecting, 9
1076	1076	nominating, or electing a candidate for the office of President, Vice-President, 10
1077	1077	presidential elector, United States senator, or United States representative; 11
1078	1078	* Sec. 60. AS 39.50.020(b) is amended to read: 12
1079	1079	(b) A public official or former public official other than an elected or 13
1080	1080	appointed municipal officer shall file the statement with the Alaska Public Offices 14
1081	1081	Commission. Candidates for the office of governor and lieutenant governor and, if the 15
1082	1082	candidate is not subject to AS 24.60, the legislature shall file the statement under 16
1083	1083	AS 15.25.030 or 15.25.181. Municipal officers, former municipal officers, and 17
1084	1084	candidates for elective municipal office shall file with the municipal clerk or other 18
1085	1085	municipal official designated to receive their filing for office. All statements required 19
1086	1086	to be filed under this chapter are public records. 20
1087	1087	* Sec. 61. AS 15.15.025, 15.15.030(14), 15.15.030(15), 15.15.030(16), 15.15.030(17), 21
1088	1088	15.15.060(e), 15.15.350(c), 15.15.350(d), 15.15.350(e), 15.15.350(f), 15.15.350(g); 22
1089	1089	AS 15.58.020(a)(13), 15.58.020(c); and AS 15.80.010(34) are repealed. 23