SB0002A -1- SB 2 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0002\A SENATE BILL NO. 2 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - FIRST SESSION BY SENATOR SHOWER Introduced: 1/9/23 Referred: Prefiled A BILL FOR AN ACT ENTITLED "An Act relating to elections." 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 * Section 1. AS 15.10.120(c) is amended to read: 3 (c) An election supervisor shall appoint one nominee of the political party of 4 which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST 5 NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING 6 GUBERNATORIAL ELECTION] and one nominee of the political party that 7 received [OR POLITICAL GROUP WITH] the second largest number of votes 8 statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding 9 gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY 10 APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD 11 POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR 12 UNDECLARED VOTER IF] a party district committee or state party central 13 committee of the party of which the governor is a member [OR GROUP WITH 14 THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received 15 33-LS0002\A SB 2 -2- SB0002A New Text Underlined [DELETED TEXT BRACKETED] [OR GROUP WITH] the second largest number of votes statewide in [REGISTERED 1 VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the 2 names prescribed by (b) of this section by April 15 of a regular election year or at least 3 60 days before a special [PRIMARY] election, the election supervisor may appoint 4 any qualified individual registered to vote. 5 * Sec. 2. AS 15.10.170 is amended to read: 6 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct 7 party committee, where an organized precinct committee exists, or the party district 8 committee where no organized precinct committee exists, or the state party 9 chairperson where neither a precinct nor a party district committee exists, may appoint 10 one or more persons as watchers in each precinct and counting center for any election. 11 Each candidate not representing a political party may appoint one or more watchers 12 for each precinct or counting center in the candidate's respective district or the state for 13 any election. Any organization or organized group that sponsors or opposes an 14 initiative, referendum, or recall may have one or more persons as watchers at the polls 15 and counting centers after first obtaining authorization from the director. A state party 16 chairperson, a precinct party committee, a party district committee, or a candidate not 17 representing a political party or organization or organized group may not have 18 more than one watcher on duty at a time in any precinct or counting center. A watcher 19 must be a United States citizen. The watcher may be present at a position inside the 20 place of voting or counting that affords a full view of all action of the election officials 21 taken from the time the polls are opened until the ballots are finally counted and the 22 results certified by the election board or the data processing review board. The 23 election board or the data processing review board may require each watcher to 24 present written proof showing appointment by the precinct party committee, the party 25 district committee, the organization or organized group, or the candidate the watcher 26 represents that is signed by the chairperson of the precinct party committee, the 27 party district committee, the state party chairperson, the organization or 28 organized group, or the candidate representing no party. 29 (b) In addition to the watchers appointed under (a) of this section, in a primary 30 election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under 31 33-LS0002\A SB0002A -3- SB 2 New Text Underlined [DELETED TEXT BRACKETED] AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may 1 appoint one watcher in each precinct and counting center. 2 * Sec. 3. AS 15.13.020(b) is amended to read: 3 (b) The governor shall appoint two members of each of the two political 4 parties whose candidate for governor received the highest number of votes in [OR 5 POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED 6 VOTERS AT THE TIME OF] the most recent preceding general election at which a 7 governor was elected. The two appointees from each of these two parties [OR 8 GROUPS] shall be chosen from a list of four names to be submitted by the central 9 committee of each party [OR GROUP]. 10 * Sec. 4. AS 15.13.020(d) is amended to read: 11 (d) Members of the commission serve staggered terms of five years, or until a 12 successor is appointed and qualifies. The terms of no two members who are members 13 of the same political party [OR POLITICAL GROUP] may expire in consecutive 14 years. A member may not serve more than one term. However, a person appointed to 15 fill the unexpired term of a predecessor may be appointed to a successive full five-year 16 term. 17 * Sec. 5. AS 15.13.074(c) is amended to read: 18 (c) A person or group may not make a contribution 19 (1) to a candidate or an individual who files with the commission the 20 document necessary to permit that individual to incur certain election-related expenses 21 as authorized by AS 15.13.100 when the office is to be filled at a general election 22 before the date that is 18 months before the general election; 23 (2) to a candidate or an individual who files with the commission the 24 document necessary to permit that individual to incur certain election-related expenses 25 as authorized by AS 15.13.100 for an office that is to be filled at a special election or 26 municipal election before the date that is 18 months before the date of the regular 27 municipal election or that is before the date of the proclamation of the special election 28 at which the candidate or individual seeks election to public office; or 29 (3) to any candidate later than the 45th day 30 (A) after the date of the primary [OR SPECIAL PRIMARY] 31 33-LS0002\A SB 2 -4- SB0002A New Text Underlined [DELETED TEXT BRACKETED] election if the candidate was on the ballot and was not nominated [CHOSEN 1 TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at 2 the primary [OR SPECIAL PRIMARY] election; or 3 (B) after the date of the general [OR SPECIAL] election, or 4 after the date of a municipal or municipal runoff election. 5 * Sec. 6. AS 15.13.110(f) is amended to read: 6 (f) During the year in which the election is scheduled, each of the following 7 shall file the campaign disclosure reports in the manner and at the times required by 8 this section: 9 (1) a person who, under the regulations adopted by the commission to 10 implement AS 15.13.100, indicates an intention to become a candidate for elective 11 state executive or legislative office; 12 (2) a person who has filed a nominating petition under 13 AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective 14 state executive or legislative office; 15 (3) a person who campaigns as a write-in candidate for elective state 16 executive or legislative office at the general election; and 17 (4) [(3)] a group or nongroup entity that receives contributions or 18 makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1) 19 OR (2)] of this subsection, except as provided for certain independent expenditures by 20 nongroup entities in AS 15.13.135(a). 21 * Sec. 7. AS 15.13.400(4) is amended to read: 22 (4) "contribution" 23 (A) means a purchase, payment, promise or obligation to pay, 24 loan or loan guarantee, deposit or gift of money, goods, or services for which 25 charge is ordinarily made, and includes the payment by a person other than a 26 candidate or political party, or compensation for the personal services of 27 another person, that is rendered to the candidate or political party, and that is 28 made for the purpose of 29 (i) influencing the nomination or election of a 30 candidate; 31 33-LS0002\A SB0002A -5- SB 2 New Text Underlined [DELETED TEXT BRACKETED] (ii) influencing a ballot proposition or question; or 1 (iii) supporting or opposing an initiative proposal 2 application filed with the lieutenant governor under AS 15.45.020; 3 (B) does not include 4 (i) services provided without compensation by 5 individuals volunteering a portion or all of their time on behalf of a 6 political party, candidate, or ballot proposition or question; 7 (ii) ordinary hospitality in a home; 8 (iii) two or fewer mass mailings before each election by 9 each political party describing the party's slate of candidates for 10 [MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR 11 PUBLIC OFFICE IN THAT] election, which may include photographs, 12 biographies, and information about the party's candidates; 13 (iv) the results of a poll limited to issues and not 14 mentioning any candidate, unless the poll was requested by or designed 15 primarily to benefit the candidate; 16 (v) any communication in the form of a newsletter from 17 a legislator to the legislator's constituents, except a communication 18 expressly advocating the election or defeat of a candidate or a 19 newsletter or material in a newsletter that is clearly only for the private 20 benefit of a legislator or a legislative employee; 21 (vi) a fundraising list provided without compensation 22 by one candidate or political party to a candidate or political party; or 23 (vii) an opportunity to participate in a candidate forum 24 provided to a candidate without compensation to the candidate by 25 another person and for which a candidate is not ordinarily charged; 26 * Sec. 8. AS 15.15.030(5) is amended to read: 27 (5) The names of the candidates and their party designations shall be 28 placed in separate sections on the state general election ballot under the office 29 designation to which they were nominated. The [IF A CANDIDATE IS 30 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL 31 33-LS0002\A SB 2 -6- SB0002A New Text Underlined [DELETED TEXT BRACKETED] GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of 1 the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS 2 REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT 3 DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE. 4 IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL 5 PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE 6 DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE 7 SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the 8 governor shall be included under the same section. Provision shall be made within 9 each section for voting for write-in candidates and candidates not representing a 10 political party [WITHIN EACH SECTION]. Paper ballots for the state general 11 election shall be printed on white paper. 12 * Sec. 9. AS 15.15.360(a) is amended to read: 13 (a) The election board shall count ballots according to the following rules: 14 (1) A voter may mark a ballot only by filling in, making "X" marks, 15 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or 16 plus signs that are clearly spaced in the oval opposite the name of the candidate, 17 proposition, or question that the voter desires to designate. [IN A GENERAL 18 ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER 19 TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE 20 USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS 21 OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO 22 DESIGNATE.] 23 (2) A failure to properly mark a ballot as to one or more candidates 24 does not itself invalidate the entire ballot. 25 (3) If a voter marks fewer names than there are persons to be 26 elected to the office, a vote shall be counted for each candidate properly marked. 27 (4) If a voter marks more names than there are persons to be elected to 28 the office, the votes for candidates for that office may not be counted. 29 (5) [(4)] The mark specified in (1) of this subsection shall be counted 30 only if it is substantially inside the oval provided, or touching the oval so as to indicate 31 33-LS0002\A SB0002A -7- SB 2 New Text Underlined [DELETED TEXT BRACKETED] clearly that the voter intended the particular oval to be designated. 1 (6) [(5)] Improper marks on the ballot may not be counted and do not 2 invalidate marks for candidates properly made. 3 (7) [(6)] An erasure or correction invalidates only that section of the 4 ballot in which it appears. 5 (8) [(7)] A vote marked for the candidate for President or Vice-6 President of the United States is considered and counted as a vote for the election of 7 the presidential electors. 8 [(9) REPEALED 9 (10) REPEALED 10 (11) REPEALED 11 (12) REPEALED] 12 * Sec. 10. AS 15.15.370 is amended to read: 13 Sec. 15.15.370. Completion of ballot count; certificate. When the count of 14 ballots is completed, and in no event later than the day after the election, the election 15 board shall make a certificate in duplicate of the results. The certificate includes the 16 number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A 17 GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE 18 RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE 19 NUMBER OF VOTES] for and against each proposition, yes or no on each question, 20 and any additional information prescribed by the director. The election board shall, 21 immediately upon completion of the certificate or as soon thereafter as the local mail 22 service permits, send in one sealed package to the director one copy of the certificate 23 and the register. In addition, all ballots properly cast shall be mailed to the director in a 24 separate, sealed package. Both packages, in addition to an address on the outside, shall 25 clearly indicate the precinct from which they come. Each board shall, immediately 26 upon completion of the certification and as soon thereafter as the local mail service 27 permits, send the duplicate certificate to the respective election supervisor. The 28 director may authorize election boards in precincts in those areas of the state where 29 distance and weather make mail communication unreliable to forward their election 30 results by telephone or radio. The director may authorize the unofficial totaling of 31 33-LS0002\A SB 2 -8- SB0002A New Text Underlined [DELETED TEXT BRACKETED] votes on a regional basis by election supervisors, tallying the votes as indicated on 1 duplicate certificates. To ensure adequate protection, the director shall prescribe the 2 manner in which the ballots, registers, and all other election records and materials are 3 thereafter preserved, transferred, and destroyed. 4 * Sec. 11. AS 15.15.450 is amended to read: 5 Sec. 15.15.450. Certification of state ballot counting review. Upon 6 completion of the state ballot counting review, the director shall certify the person 7 receiving the largest number of votes for the office for which that person was a 8 candidate as elected to that office [NOMINATED OR ELECTED, AS 9 APPLICABLE,] and shall certify the approval of a justice or judge not rejected by a 10 majority of the voters voting on the question. The director shall issue to the elected 11 candidates and approved justices and judges a certificate of their election or approval. 12 The director shall also certify the results of a proposition and other question except 13 that the lieutenant governor shall certify the results of an initiative, referendum, or 14 constitutional amendment. 15 * Sec. 12. AS 15.20.081(a) is amended to read: 16 (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, 17 or other electronic transmission to the director for an absentee ballot under this 18 section. Another individual may apply for an absentee ballot on behalf of a qualified 19 voter if that individual is designated to act on behalf of the voter in a written general 20 power of attorney or a written special power of attorney that authorizes the other 21 individual to apply for an absentee ballot on behalf of the voter. The application must 22 include the address or, if the application requests delivery of an absentee ballot by 23 electronic transmission, the telephone electronic transmission number, to which the 24 absentee ballot is to be returned, the applicant's full Alaska residence address, and the 25 applicant's signature. However, a person residing outside the United States and 26 applying to vote absentee in federal elections in accordance with AS 15.05.011 need 27 not include an Alaska residence address in the application. A person may supply to a 28 voter an absentee ballot application form with a political party or group affiliation 29 indicated only if the voter is already registered as affiliated with the political party or 30 group indicated. Only the voter or the individual designated by the voter in a 31 33-LS0002\A SB0002A -9- SB 2 New Text Underlined [DELETED TEXT BRACKETED] written power of attorney under this subsection may mark the voter's choice of 1 primary ballot on an application. A person supplying an absentee ballot 2 application form may not design or mark the application in a manner that 3 suggests choice of one ballot over another, except that ballot choices may be listed 4 on an application as authorized by the division. The application must be made on a 5 form prescribed or approved by the director. The voter or registration official shall 6 submit the application directly to the division of elections. For purposes of this 7 subsection, "directly to the division of elections" means that an application may not be 8 submitted to any intermediary that could control or delay the submission of the 9 application to the division or gather data on the applicant from the application form. 10 However, nothing in this subsection is intended to prohibit a voter from giving a 11 completed absentee ballot application to a friend, relative, or associate for transfer to 12 the United States Postal Service or a private commercial delivery service for delivery 13 to the division. 14 * Sec. 13. AS 15.20.081(h) is amended to read: 15 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail 16 from outside the United States or from an overseas voter qualifying under 17 AS 15.05.011 that has been marked and mailed not later than election day may not be 18 counted unless the ballot is received by the election supervisor not later than the close 19 of business on the 20 (1) 10th day following a primary election or special [PRIMARY] 21 election under AS 15.40.140; or 22 (2) 15th day following a general election, special runoff election, or 23 special election, other than a special [PRIMARY] election described in (1) of this 24 subsection. 25 * Sec. 14. AS 15.20.190(a) is amended to read: 26 (a) Thirty days before the date of an election, the election supervisors shall 27 appoint, in the same manner provided for the appointment of election officials 28 prescribed in AS 15.10, district absentee ballot counting boards and district questioned 29 ballot counting boards, each composed of at least four members. At least one member 30 of each board must be a member of the same political party of which the governor is 31 33-LS0002\A SB 2 -10- SB0002A New Text Underlined [DELETED TEXT BRACKETED] a member [OR POLITICAL GROUP WITH THE LARGEST NUMBER OF 1 REGISTERED VOTERS AT THE TIME OF THE PRECEDING 2 GUBERNATORIAL ELECTION], and at least one member of each board must be a 3 member of the political party whose candidate for governor received the second 4 largest number of votes in [OR POLITICAL GROUP WITH THE SECOND 5 LARGEST NUMBER OF REGISTERED VOTERS AT THE TIME OF] the 6 preceding gubernatorial election. The district boards shall assist the election 7 supervisors in counting the absentee and questioned ballots and shall receive the same 8 compensation paid election officials under AS 15.15.380. 9 * Sec. 15. AS 15.20.203(i) is amended to read: 10 (i) The director shall mail the materials described in (h) of this section to the 11 voter not later than 12 (1) 10 days after completion of the review of ballots by the state 13 review board for a primary election or for a special [PRIMARY] election under 14 AS 15.40.140 that is followed by a special runoff election; 15 (2) 60 days after certification of the results of a general election, 16 special runoff election, or special election other than a special [PRIMARY] election 17 described in (1) of this subsection. 18 * Sec. 16. AS 15.20.203(j) is amended to read: 19 (j) The director shall make available through a free access system to each 20 absentee voter a system to check to see whether the voter's ballot was counted and, if 21 not counted, the reason why the ballot was not counted. The director shall make this 22 information available through the free access system not less than 23 (1) 10 days after certification of the results of a primary election or a 24 special [PRIMARY] election under AS 15.40.140 that is followed by a special 25 runoff election; and 26 (2) 30 days after certification of the results of a general or special 27 election, other than a special [PRIMARY] election described in (1) of this subsection. 28 * Sec. 17. AS 15.20.207(i) is amended to read: 29 (i) The director shall mail the materials described in (h) of this section to the 30 voter not later than 31 33-LS0002\A SB0002A -11- SB 2 New Text Underlined [DELETED TEXT BRACKETED] (1) 10 days after completion of the review of ballots by the state 1 review board for a primary election or for a special [PRIMARY] election under 2 AS 15.40.140 that is followed by a special runoff election; 3 (2) 60 days after certification of the results of a general or special 4 election, other than a special [PRIMARY] election described in (1) of this subsection. 5 * Sec. 18. AS 15.20.207(k) is amended to read: 6 (k) The director shall make available through a free access system to each 7 voter voting a questioned ballot a system to check to see whether the voter's ballot was 8 counted and, if not counted, the reason why the ballot was not counted. The director 9 shall make this information available through the free access system not less than 10 (1) 10 days after certification of the results of a primary election or a 11 special [PRIMARY] election under AS 15.40.140 that is followed by a special 12 runoff election; and 13 (2) 30 days after certification of the results of a general or special 14 election, other than a special [PRIMARY] election described in (1) of this subsection. 15 * Sec. 19. AS 15.20.211(d) is amended to read: 16 (d) The director shall mail the materials described in (c) of this section to the 17 voter not later than 18 (1) 10 days after completion of the review of ballots by the state 19 review board for a primary election or for a special [PRIMARY] election under 20 AS 15.40.140 that is followed by a special runoff election; 21 (2) 60 days after certification of the results of a general or special 22 election, other than a special [PRIMARY] election described in (1) of this subsection. 23 * Sec. 20. AS 15.20.211(f) is amended to read: 24 (f) The director shall make available through a free access system to each 25 voter whose ballot was subject to partial counting under this section a system to check 26 to see whether the voter's ballot was partially counted and, if not counted, the reason 27 why the ballot was not counted. The director shall make this information available 28 through the free access system not less than 29 (1) 10 days after certification of the results of a primary election or a 30 special [PRIMARY] election under AS 15.40.140 that is followed by a special 31 33-LS0002\A SB 2 -12- SB0002A New Text Underlined [DELETED TEXT BRACKETED] runoff election; and 1 (2) 30 days after certification of the results of a general or special 2 election, other than a special [PRIMARY] election described in (1) of this subsection. 3 * Sec. 21. AS 15.25.010 is amended to read: 4 Sec. 15.25.010. Provision for primary election. Candidates for the elective 5 state executive and state and national legislative offices shall be nominated in a 6 primary election by direct vote of the people in the manner prescribed by this chapter. 7 The director shall prepare and provide a primary election ballot for each 8 political party. A voter registered as affiliated with a political party may vote that 9 party's ballot. A voter registered as nonpartisan or undeclared rather than as 10 affiliated with a particular political party may vote the political party ballot of 11 the voter's choice unless prohibited from doing so under AS 15.25.015. A voter 12 registered as affiliated with a political party may not vote the ballot of a different 13 political party unless permitted to do so under AS 15.25.015 [THE PRIMARY 14 ELECTION DOES NOT SERVE TO DETERMINE THE NOMINEE OF A 15 POLITICAL PARTY OR POLITICAL GROUP BUT SERVES ONLY TO 16 NARROW THE NUMBER OF CANDIDATES WHOSE NAMES WILL APPEAR 17 ON THE BALLOT AT THE GENERAL ELECTION. EXCEPT AS PROVIDED IN 18 AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE THE 19 GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL ADVANCE TO 20 THE GENERAL ELECTION]. 21 * Sec. 22. AS 15.25 is amended by adding a new section to read: 22 Sec. 15.25.015. Party participation in primary election. (a) Not later than 23 5:00 p.m., Alaska time, on September 1 of the calendar year before the calendar year 24 in which a primary election is to be held, a political party shall submit a notice in 25 writing to the director stating whether the party bylaws expand or limit who may 26 participate in the primary election for selection of the party's candidates for elective 27 state executive and state and national legislative offices. A copy of the party's bylaws 28 expanding or limiting who may participate in the primary election for selection of the 29 party's candidates, documentation required under (b) of this section, and other 30 information required by the director must be submitted along with the notice. The 31 33-LS0002\A SB0002A -13- SB 2 New Text Underlined [DELETED TEXT BRACKETED] notice, bylaws, documentation, and other information required by the director shall be 1 provided by the party's chairperson or another party official designated by the party's 2 bylaws. 3 (b) Once a political party timely submits a notice and bylaws under (a) of this 4 section and the director finds that the party has met the requirements of this chapter 5 and other applicable laws, the director shall permit a voter registered as affiliated with 6 another party to vote the party's ballot if the voter is permitted by the party's bylaws to 7 participate in the selection of the party's candidates and may not permit a voter 8 registered as nonpartisan or undeclared to vote a party's ballot if the party's bylaws 9 restrict participation by nonpartisan or undeclared voters in the party's primary; 10 however, for a subsequent primary election, the party shall timely submit another 11 notice, bylaws, documentation, and other information under (a) of this section if the 12 party's bylaws regarding who may participate in the primary election for selection of 13 the party's candidates change. 14 * Sec. 23. AS 15.25.030(a) is amended to read: 15 (a) A member of a political party [PERSON] who seeks to become a 16 candidate of the party in the primary election [OR A SPECIAL PRIMARY 17 ELECTION] shall execute and file a declaration of candidacy. The declaration shall be 18 executed under oath before an officer authorized to take acknowledgments and must 19 state in substance 20 (1) the full name of the candidate; 21 (2) the full mailing address of the candidate; 22 (3) if the candidacy is for the office of state senator or state 23 representative, the house or senate district of which the candidate is a resident; 24 (4) the office for which the candidate seeks nomination; 25 (5) the name of the political party of which the person is a candidate 26 for nomination [OR POLITICAL GROUP WITH WHICH THE CANDIDATE IS 27 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 28 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION PLACED 29 AFTER THE CANDIDATE'S NAME ON THE BALLOT]; 30 (6) the full residence address of the candidate, and the date on which 31 33-LS0002\A SB 2 -14- SB0002A New Text Underlined [DELETED TEXT BRACKETED] residency at that address began; 1 (7) the date of the primary election [OR SPECIAL PRIMARY 2 ELECTION] at which the candidate seeks nomination; 3 (8) the length of residency in the state and in the district of the 4 candidate; 5 (9) that the candidate will meet the specific citizenship requirements of 6 the office for which the person is a candidate; 7 (10) that the candidate is a qualified voter as required by law; 8 (11) that the candidate will meet the specific age requirements of the 9 office for which the person is a candidate; if the candidacy is for the office of state 10 representative, that the candidate will be at least 21 years of age on the first scheduled 11 day of the first regular session of the legislature convened after the election; if the 12 candidacy is for the office of state senator, that the candidate will be at least 25 years 13 of age on the first scheduled day of the first regular session of the legislature convened 14 after the election; if the candidacy is for the office of governor or lieutenant governor, 15 that the candidate will be at least 30 years of age on the first Monday in December 16 following election or, if the office is to be filled by special election under 17 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 18 date of certification of the results of the special election; or, for any other office, by 19 the time that the candidate, if elected, is sworn into office; 20 (12) that the candidate requests that the candidate's name be placed on 21 the primary [ELECTION OR SPECIAL PRIMARY] election ballot; 22 (13) that the required fee accompanies the declaration; 23 (14) that the person is not a candidate for any other office to be voted 24 on at the primary or general election and that the person is not a candidate for this 25 office under any other declaration of candidacy or nominating petition; 26 (15) the manner in which the candidate wishes the candidate's name to 27 appear on the ballot; and 28 (16) that the candidate is registered to vote as a member of the 29 political party whose nomination is being sought [IF THE CANDIDACY IS FOR 30 THE OFFICE OF THE GOVERNOR, THE NAME OF THE CANDIDATE FOR 31 33-LS0002\A SB0002A -15- SB 2 New Text Underlined [DELETED TEXT BRACKETED] LIEUTENANT GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR 1 GOVERNOR; AND 2 (17) IF THE CANDIDACY IS FOR THE OFFICE OF LIEUTENANT 3 GOVERNOR, THE NAME OF THE CANDIDATE FOR GOVERNOR RUNNING 4 JOINTLY WITH THE CANDIDATE FOR LIEUTENANT GOVERNOR]. 5 * Sec. 24. AS 15.25 is amended by adding a new section to read: 6 Sec. 15.25.057. Nomination by party petition. (a) If an unopposed incumbent 7 candidate for renomination dies, becomes disqualified from holding the office the 8 candidate is seeking, or is certified as being incapacitated between June 1 of the 9 election year and that date which is more than 54 days before the date of the primary 10 election, the candidate's place on the ballot may be filled by party petition. The 11 petition shall state that the political party requests the name of the proposed candidate 12 replace that of the incumbent on the primary election ballot and shall be accompanied 13 by a declaration of candidacy from the person named in the petition. The petition must 14 be received by the director not later than 14 days after the death, disqualification, or 15 certification of incapacity of the incumbent or 52 days before the primary election 16 date, whichever time is earlier. 17 (b) The method for certifying an incumbent candidate for nomination as being 18 incapacitated, the method for selecting the person who is to be named in the party 19 petition, and the method for placing the name of the person selected on the primary 20 nomination ballot are the same as those prescribed in AS 15.25.111 and 15.25.131 21 relating to filling vacancies of party nominees in a general election. 22 (c) The death, disqualification, or certification of incapacity of the incumbent 23 within 52 days before or on the primary election date does not affect the counting and 24 review of the ballots. If the result of the counting and review discloses that the 25 candidate, if the candidate had lived, would have been nominated, the candidate shall 26 be declared nominated. The vacancy may be filled by party petition as provided in 27 AS 15.25.111 - 15.25.131. 28 * Sec. 25. AS 15.25.060 is repealed and reenacted to read: 29 Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot. 30 (a) The primary election ballots shall be prepared and distributed by the director in the 31 33-LS0002\A SB 2 -16- SB0002A New Text Underlined [DELETED TEXT BRACKETED] manner prescribed in this section. The director shall prepare and provide a primary 1 election ballot for each political party that contains all of the candidates of that party 2 for elective state executive and state and national legislative offices and all of the 3 ballot titles and propositions required to appear on the ballot at the primary election. 4 The director shall print the ballots on white paper and place the names of all 5 candidates who have properly filed in groups according to offices. The order of the 6 placement of the names for each office shall be as provided for the general election 7 ballot. Blank spaces may not be provided on the ballot for the writing or pasting in of 8 names. The director shall also prepare and print a separate primary election ballot 9 including only the ballot titles and propositions required to appear on the ballot. 10 (b) A voter may vote only one primary election ballot. A voter may vote a 11 political party ballot only if the voter is registered as affiliated with that party, is 12 allowed to participate in the party primary under the party's bylaws, or is registered as 13 nonpartisan or undeclared rather than as affiliated with a particular political party and 14 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in 15 the party's primary. For the purpose of determining which primary election ballot a 16 voter may use, a voter's party affiliation is considered to be the affiliation registered 17 with the director as of the 30th day before the primary election. If a voter changes 18 party affiliation within the 30 days before the primary election, the voter's previous 19 party affiliation shall be used for the determination under this subsection. 20 (c) If a voter is not voting in person and has requested an absentee ballot or 21 special needs ballot but has not indicated a choice of ballot, the director shall provide 22 the voter with the ballot listing the candidates of the political party or group with 23 which the voter is affiliated, as determined under (b) of this section. 24 * Sec. 26. AS 15.25.100 is repealed and reenacted to read: 25 Sec. 15.25.100. Placement of nominees on general election ballot. The 26 director shall place the name of the candidate receiving the highest number of votes 27 for an office by a political party on the general election ballot. 28 * Sec. 27. AS 15.25.105(a) is amended to read: 29 (a) If a candidate does not appear on the primary election ballot or is not 30 successful in advancing to the general election and wishes to be a candidate in the 31 33-LS0002\A SB0002A -17- SB 2 New Text Underlined [DELETED TEXT BRACKETED] general election, the candidate may file as a write-in candidate. Votes for a write-in 1 candidate may not be counted unless that candidate has filed a letter of intent with the 2 director stating 3 (1) the full name of the candidate; 4 (2) the full residence address of the candidate and the date on which 5 residency at that address began; 6 (3) the full mailing address of the candidate; 7 (4) the name of the political party or political group of which the 8 candidate is a member, if any [WITH WHICH THE CANDIDATE IS 9 REGISTERED AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD 10 PREFER A NONPARTISAN OR UNDECLARED DESIGNATION]; 11 (5) if the candidate is for the office of state senator or state 12 representative, the house or senate district of which the candidate is a resident; 13 (6) the office that the candidate seeks; 14 (7) the date of the election at which the candidate seeks election; 15 (8) the length of residency in the state and in the house district of the 16 candidate; 17 (9) the name of the candidate as the candidate wishes it to be written 18 on the ballot by the voter; 19 (10) that the candidate meets the specific citizenship requirements of 20 the office for which the person is a candidate; 21 (11) that the candidate will meet the specific age requirements of the 22 office for which the person is a candidate; if the candidacy is for the office of state 23 representative, that the candidate will be at least 21 years of age on the first scheduled 24 day of the first regular session of the legislature convened after the election; if the 25 candidacy is for the office of state senator, that the candidate will be at least 25 years 26 of age on the first scheduled day of the first regular session of the legislature convened 27 after the election; if the candidacy is for the office of governor or lieutenant governor, 28 that the candidate will be at least 30 years of age on the first Monday in December 29 following election or, if the office is to be filled by special election under 30 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the 31 33-LS0002\A SB 2 -18- SB0002A New Text Underlined [DELETED TEXT BRACKETED] date of certification of the results of the special election; or, for any other office, by 1 the time that the candidate, if elected, is sworn into office; 2 (12) that the candidate is a qualified voter as required by law; and 3 (13) that the candidate is not a candidate for any other office to be 4 voted on at the general election and that the candidate is not a candidate for this office 5 under any other nominating petition or declaration of candidacy. 6 * Sec. 28. AS 15.25.105(b) is amended to read: 7 (b) If a write-in candidate is running for the office of governor, the candidate 8 must file a joint letter of intent together with a candidate for lieutenant governor. Both 9 candidates must be of the same political party or group. 10 * Sec. 29. AS 15.25 is amended by adding new sections to article 1 to read: 11 Sec. 15.25.111. Filling vacancies by party petition. If a candidate of a 12 political party nominated at the primary election dies, withdraws, resigns, becomes 13 disqualified from holding the office for which the candidate is nominated, or is 14 certified as being incapacitated in the manner prescribed by this section after the 15 primary election and 64 days or more before the general election, the vacancy may be 16 filled by party petition. The central committee of any political party or any party 17 district committee may certify as being incapacitated any candidate nominated by their 18 respective party by presenting to the director a sworn statement made by a panel of 19 three licensed physicians, not more than two of whom may be of the same political 20 party, that the candidate is physically or mentally incapacitated to an extent that 21 would, in the panel's judgment, prevent the candidate from active service during the 22 term of office if elected. The director shall place the name of the person nominated by 23 party petition on the general election ballot. The name of a candidate disqualified 24 under this section may not appear on the general election ballot. 25 Sec. 15.25.121. Requirements for party petition. Party petitions for the 26 nomination of candidates shall state in substance that the political party desires and 27 intends to support the named candidate for the named office and requests that the 28 name of the proposed candidate be placed on the general election ballot. The petition 29 may be filed not later than 64 days before the date of the general election. 30 Sec. 15.25.131. Selection of nominees for party petition. The nominees of 31 33-LS0002\A SB0002A -19- SB 2 New Text Underlined [DELETED TEXT BRACKETED] political parties by party petition may be selected for statewide offices by the state 1 party central committee or in any other manner prescribed by the party bylaws, and the 2 petition for statewide offices shall be signed by the state chairperson of the political 3 party or, in the absence of the state chairperson, by any two members of the state party 4 central committee. The nominees of political parties by party petition may be selected 5 for district-wide offices by the respective party district committee or in any other 6 manner prescribed by the party bylaws, and the petition for district-wide offices shall 7 be signed by the chairperson of the party district committee or, in the absence of the 8 chairperson, by any two members of the party district committee, or in any other 9 manner prescribed by the party bylaws. The petition may be delivered in person or by 10 mail, facsimile, or other reliable electronic transmission. 11 * Sec. 30. AS 15.25 is amended by adding new sections to article 2 to read: 12 Sec. 15.25.141. Provision for no-party candidate nominations. Candidates 13 not representing a political party are nominated by petition. 14 Sec. 15.25.151. Date of filing petition. A candidate seeking nomination by 15 petition shall submit the information required under AS 15.25.181(a)(1) - (8) and (11) 16 - (17) to the director in the time and manner specified in AS 15.25.040. The full 17 petition with voter signatures shall be filed with the director by actual physical 18 delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary 19 election in the year in which a general election is held for the office, or by actual 20 physical delivery to the director by registered or certified mail return receipt requested 21 that is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary 22 election in the year in which a general election is held for the office, and received not 23 more than 15 days after that time. If the postmark is illegible, a dated receipt from the 24 post office where dispatched shall be acceptable as evidence of mailing. 25 Sec. 15.25.161. Required number of signatures for statewide office. 26 Petitions for the nomination of candidates for the office of governor, lieutenant 27 governor, United States senator, and United States representative shall be signed by 28 qualified voters of the state equal in number to at least one percent of the number of 29 voters who cast ballots in the preceding general election. 30 Sec. 15.25.171. Required number of signatures for district-wide office. 31 33-LS0002\A SB 2 -20- SB0002A New Text Underlined [DELETED TEXT BRACKETED] Petitions for the nomination of candidates for the office of state senator or state 1 representative shall be signed by qualified voters of the house or senate district in 2 which the proposed nominee desires to be a candidate equal in number to at least one 3 percent of the number of voters who cast ballots in the proposed nominee's respective 4 house or senate district in the preceding general election. A nominating petition may 5 not contain fewer than 50 signatures for any district. 6 Sec. 15.25.181. Requirements for petition. (a) The petition must state in 7 substance 8 (1) the full name of the candidate; 9 (2) the full residence address of the candidate and the date on which 10 residency at that address began; 11 (3) the full mailing address of the candidate; 12 (4) the name of the political group, if any, supporting the candidate; 13 (5) if the candidacy is for the office of state senator or state 14 representative, the house or senate district of which the candidate is a resident; 15 (6) the office for which the candidate is nominated; 16 (7) the date of the election at which the candidate seeks election; 17 (8) the length of residency in the state and in the district of the 18 candidate; 19 (9) that the subscribers are qualified voters of the state or house or 20 senate district in which the candidate resides; 21 (10) that the subscribers request that the candidate's name be placed on 22 the general election ballot; 23 (11) that the proposed candidate accepts the nomination and will serve 24 if elected with the statement signed by the proposed candidate; 25 (12) the name of the candidate as the candidate wishes it to appear on 26 the ballot; 27 (13) that the candidate is not a candidate for any other office to be 28 voted on at the primary or general election and that the candidate is not a candidate for 29 this office under any other nominating petition or declaration of candidacy; 30 (14) that the candidate meets the specific citizenship requirements of 31 33-LS0002\A SB0002A -21- SB 2 New Text Underlined [DELETED TEXT BRACKETED] the office for which the person is a candidate; 1 (15) that the candidate will meet the specific age requirements of the 2 office for which the person is a candidate; if the candidacy is for the office of state 3 representative, that the candidate will be at least 21 years of age on the first scheduled 4 day of the first regular session of the legislature convened after the election; if the 5 candidacy is for the office of state senator, that the candidate will be at least 25 years 6 of age on the first scheduled day of the first regular session of the legislature convened 7 after the election; and if the candidacy is for the office of governor or lieutenant 8 governor, that the candidate will be at least 30 years of age on the first Monday in 9 December following the election or, if the office is to be filled by special election 10 under AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on 11 the date of certification of the results of the special election; or, for any other office, 12 by the time that the candidate, if elected, is sworn into office; 13 (16) that the candidate is a qualified voter; and 14 (17) if the candidacy is for the office of the governor, the name of the 15 candidate for lieutenant governor running jointly with the candidate for governor. 16 (b) A person filing a nominating petition under this section, other than a 17 person subject to AS 24.60 who is filing a petition for a state legislative office, shall 18 simultaneously file with the director a statement of income sources and business 19 interests that complies with the requirements of AS 39.50. A person who is subject to 20 AS 24.60 and is filing a nominating petition for state legislative office shall 21 simultaneously file with the director a disclosure statement that complies with the 22 requirements of AS 24.60.200. 23 (c) An incumbent public official, other than a legislator, who has a current 24 statement of income sources and business interests under AS 39.50 on file with the 25 Alaska Public Offices Commission, or an incumbent legislator who has a current 26 disclosure statement under AS 24.60.200 on file with the Alaska Public Offices 27 Commission, is not required to file a statement of income sources and business 28 interests or a disclosure statement with the nominating petition under (b) of this 29 section. 30 Sec. 15.25.186. Eligibility of candidate. The provisions of AS 15.25.042 and 31 33-LS0002\A SB 2 -22- SB0002A New Text Underlined [DELETED TEXT BRACKETED] 15.25.043 apply to determinations of a candidate's eligibility when a candidate seeks 1 nomination by petition under AS 15.25.141 - 15.25.201. 2 Sec. 15.25.191. Placement of names on general election ballot. The director 3 shall place the names and the political group affiliation of persons who have been 4 properly nominated by petition on the general election ballot. 5 Sec. 15.25.201. Withdrawal of candidate's name. If a candidate nominated 6 by petition dies or withdraws after the petition has been filed and 64 days or more 7 before the general election, the director may not place the name of the candidate on 8 the general election ballot. 9 * Sec. 31. AS 15.30.010 is amended to read: 10 Sec. 15.30.010. Provision for selection of electors. Electors of President and 11 Vice President of the United States are selected by election at the general election in 12 presidential election years [, IN THE MANNER AND AS DETERMINED BY THE 13 RANKED-CHOICE METHOD OF TABULATING VOTES DESCRIBED IN 14 AS 15.15.350 - 15.15.370]. 15 * Sec. 32. AS 15.40.140 is amended to read: 16 Sec. 15.40.140. Condition of calling [SPECIAL PRIMARY ELECTION 17 AND] special election. When a vacancy occurs in the office of United States senator 18 or United States representative, the governor shall, by proclamation, call a special 19 [PRIMARY] election under AS 15.40.144(a); however, [TO BE HELD ON A DATE 20 NOT LESS THAN 60, NOR MORE THAN 90, DAYS AFTER THE DATE THE 21 VACANCY OCCURS, TO BE FOLLOWED BY A SPECIAL ELECTION ON THE 22 FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS 23 THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION. HOWEVER, IN 24 AN ELECTION YEAR IN WHICH A CANDIDATE FOR THAT OFFICE IS NOT 25 REGULARLY ELECTED,] if the vacancy occurs on a date that is [NOT] less than 60 26 [, NOR MORE THAN 90,] days before or is on or after the date of 27 [(1)] the primary election in the general election year during which 28 a candidate to fill the office is regularly elected, the governor may not call a [, 29 THE] special [PRIMARY] election [SHALL BE HELD ON THE DATE OF THE 30 PRIMARY ELECTION WITH THE SUBSEQUENT SPECIAL ELECTION TO BE 31 33-LS0002\A SB0002A -23- SB 2 New Text Underlined [DELETED TEXT BRACKETED] HELD ON THE DATE OF THE GENERAL ELECTION; OR 1 (2) THE GENERAL ELECTION, THE SPECIAL PRIMARY 2 ELECTION SHALL BE HELD ON THE DATE OF THE GENERAL ELECTION 3 WITH THE SUBSEQUENT SPECIAL ELECTION TO BE HELD ON THE FIRST 4 TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING NOT LESS THAN 5 60 DAYS AFTER THE SPECIAL PRIMARY AND GENERAL ELECTION]. 6 * Sec. 33. AS 15.40 is amended by adding new sections to read: 7 Sec. 15.40.143. Condition of calling a special runoff election. (a) If no 8 candidate in a special election called under AS 15.40.140 receives over 50 percent of 9 the votes cast for the office, the governor shall, by proclamation, call a special runoff 10 election under AS 15.40.144(b). 11 (b) In a special runoff election called under (a) of this section, the director 12 shall place the names of the candidates receiving the greatest number of votes and the 13 second greatest number of votes in the special election on the special runoff election 14 ballot. 15 Sec. 15.40.144. Time of calling the special election and special runoff 16 election. (a) Except as provided in (c) of this section, if a special election is called 17 under AS 15.40.140, the special election shall be held on a date not less than 60, nor 18 more than 90, days after the date the vacancy occurs. 19 (b) Except as provided in (c) of this section, a special runoff election under 20 AS 15.40.143 shall be held on the first Tuesday that is not a state holiday occurring 21 not less than 60 days after the special election. 22 (c) In an election year in which a candidate for the vacant office is not 23 regularly elected, and the vacancy occurs on a date that is not less than 60, nor more 24 than 90, days before the date of 25 (1) the primary election, the special election shall be held on the date 26 of the primary election with any subsequent special runoff election under 27 AS 15.40.143 to be held on the date of the general election; or 28 (2) the general election, the special election shall be held on the date of 29 the general election with any subsequent special runoff election under AS 15.40.143 to 30 be held on the first Tuesday that is not a state holiday occurring not less than 60 days 31 33-LS0002\A SB 2 -24- SB0002A New Text Underlined [DELETED TEXT BRACKETED] after the special and general election. 1 * Sec. 34. AS 15.40 is amended by adding a new section to read: 2 Sec. 15.40.151. Condition for holding special election with primary. If the 3 vacancy occurs on a date not less than 60, nor more than 90, days before the date of 4 the primary election, the governor shall, by proclamation, call the special election to 5 be held on the date of the primary election. 6 * Sec. 35. AS 15.40.160 is amended to read: 7 Sec. 15.40.160. Proclamation. The governor shall issue the proclamation 8 [CALLING THE SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at 9 least 50 days before the 10 (1) special [PRIMARY] election; and 11 (2) if a special runoff election is required under AS 15.40.143(a), 12 special runoff election. 13 * Sec. 36. AS 15.40.165 is amended to read: 14 Sec. 15.40.165. Term of elected senator. At the special election, or, as 15 provided in AS 15.40.143, at the special runoff election, a United States senator 16 shall be elected to fill the remainder of the unexpired term. The person elected shall 17 take office on the date the United States Senate meets, convenes, or reconvenes 18 following the certification of the results of the special election or special runoff 19 election by the director. 20 * Sec. 37. AS 15.40.170 is amended to read: 21 Sec. 15.40.170. Term of elected representative. At the special election, or, as 22 provided in AS 15.40.143, at the special runoff election, a United States 23 representative shall be elected to fill the remainder of the unexpired term. The person 24 elected shall take office on the date the United States house of representatives meets, 25 convenes, or reconvenes following the certification of the results of the special 26 election or special runoff election by the director. 27 * Sec. 38. AS 15.40.190 is amended to read: 28 Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions 29 for the nomination of candidates not representing a political party shall be signed 30 by qualified voters of the state equal in number to at least one percent of the 31 33-LS0002\A SB0002A -25- SB 2 New Text Underlined [DELETED TEXT BRACKETED] number of voters who cast ballots in the preceding general election and shall 1 [MUST BE EXECUTED UNDER OATH,] state in substance that which is required 2 for nomination petitions under AS 15.25.181 [A DECLARATION OF 3 CANDIDACY UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED 4 UNDER AS 15.25.050(a)]. 5 * Sec. 39. AS 15.40 is amended by adding new sections to read: 6 Sec. 15.40.201. Requirements of party petition. Petitions for the nomination 7 of candidates of political parties shall state in substance that the party desires and 8 intends to support the named candidate for the office of United States senator or 9 United States representative, as appropriate, at the special election and requests that 10 the name of the candidate nominated be placed on the ballot. 11 Sec. 15.40.211. Selection of party nominees. The nominees of political 12 parties may be selected by the state convention or in any other manner prescribed by 13 the party bylaws, and the petition shall be signed by the chairperson and secretary of 14 the state convention, or, if the nominees are selected by the party central committee, 15 the petition shall be signed by the chairperson of the central committee or in any other 16 manner prescribed by the party bylaws. 17 * Sec. 40. AS 15.40.220 is amended to read: 18 Sec. 15.40.220. General provisions for conduct of [THE] special 19 [PRIMARY] election and special runoff election. Unless specifically provided 20 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 21 general election shall govern the conduct of the special [PRIMARY] election and the 22 special runoff election of the United States senator or United States representative, 23 including provisions concerning voter qualifications; provisions regarding the duties, 24 powers, rights, and obligations of the director, of other election officials, and of 25 municipalities; provision for notification of the election; provision for payment of 26 election expenses; provisions regarding employees being allowed time from work to 27 vote; provisions for the counting, reviewing, and certification of returns; provisions 28 for running as, voting for, and counting ballots for a write-in candidate; 29 provisions for the determination of the votes and of recounts, contests, and appeal; and 30 provision for absentee voting. 31 33-LS0002\A SB 2 -26- SB0002A New Text Underlined [DELETED TEXT BRACKETED] * Sec. 41. AS 15.40.230 is amended to read: 1 Sec. 15.40.230. Condition and time of calling [SPECIAL PRIMARY 2 ELECTION AND] special election. When a person appointed to succeed to the 3 office of lieutenant governor succeeds to the office of acting governor, the acting 4 governor shall, by proclamation, call a special [PRIMARY] election to be held on a 5 date not less than 60, nor more than 90, days after the date the vacancy in the office of 6 the governor occurred [AND A SUBSEQUENT SPECIAL ELECTION TO BE HELD 7 ON THE FIRST TUESDAY THAT IS NOT A STATE HOLIDAY OCCURRING 8 NOT LESS THAN 60 DAYS AFTER THE SPECIAL PRIMARY ELECTION]. 9 However, if the vacancy occurs on a date that is less than 60 days before or is on or 10 after the date of the primary election in years in which a governor is regularly elected, 11 the acting governor shall serve the remainder of the unexpired term and may not call a 12 special election. 13 * Sec. 42. AS 15.40.240 is amended to read: 14 Sec. 15.40.240. Conditions for holding special [PRIMARY ELECTION 15 AND SPECIAL] election with primary or general election. If the vacancy occurs 16 on a date not less than 60, nor more than 90, days before the date of the primary 17 election in years in which a governor is regularly elected [IN AN ELECTION 18 YEAR IN WHICH A GOVERNOR IS NOT REGULARLY ELECTED, THE 19 ACTING GOVERNOR SHALL, BY PROCLAMATION, CALL THE SPECIAL 20 PRIMARY ELECTION TO BE HELD ON THE DATE OF THE PRIMARY 21 ELECTION AND THE SPECIAL ELECTION TO BE HELD ON THE DATE OF 22 THE GENERAL ELECTION,] or [,] if the vacancy occurs on a date not less than 60, 23 nor more than 90, days before the date of the primary election or general election in 24 election years in which a governor is not regularly elected, the acting governor shall, 25 by proclamation, call the special [PRIMARY] election to be held on the date of the 26 primary election or general election [WITH THE SUBSEQUENT SPECIAL 27 ELECTION TO BE HELD ON THE FIRST TUESDAY THAT IS NOT A STATE 28 HOLIDAY OCCURRING NOT LESS THAN 60 DAYS AFTER THE SPECIAL 29 PRIMARY AND GENERAL ELECTION]. 30 * Sec. 43. AS 15.40.250 is amended to read: 31 33-LS0002\A SB0002A -27- SB 2 New Text Underlined [DELETED TEXT BRACKETED] Sec. 15.40.250. Proclamation of [SPECIAL PRIMARY ELECTION AND] 1 special election. The acting governor shall issue the proclamation [CALLING THE 2 SPECIAL PRIMARY ELECTION AND SPECIAL ELECTION] at least 50 days 3 before the [SPECIAL PRIMARY] election. 4 * Sec. 44. AS 15.40.280 is amended to read: 5 Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions 6 for the nomination of candidates not representing a political party shall be signed 7 by qualified voters of the state equal in number to at least one percent of the 8 number of voters who cast ballots in the preceding general election, shall include 9 nominees for the office of governor and lieutenant governor, and shall [MUST BE 10 EXECUTED UNDER OATH,] state in s ubstance that which is required for 11 nomination petitions under AS 15.25.181 [A DECLARATION OF CANDIDACY 12 UNDER AS 15.25.030, AND INCLUDE THE FEE REQUIRED UNDER 13 AS 15.25.050(a)]. 14 * Sec. 45. AS 15.40 is amended by adding new sections to read: 15 Sec. 15.40.291. Requirements of party petition. Petitions for the nomination 16 of candidates of political parties shall state in substance that the party desires and 17 intends to support the named candidates for the offices of governor and lieutenant 18 governor at the special election and requests that the names of the two candidates 19 nominated be placed on the ballot. 20 Sec. 15.40.301. Selection of party nominees. The nominees of political 21 parties may be selected by state convention or in any other manner prescribed by the 22 party bylaws, and the petition shall be signed by the chairperson and secretary of the 23 state convention, or, if the nominees are selected by the party central committee, the 24 petition shall be signed by the state chairperson of the political party or in any other 25 manner prescribed by the party bylaws. 26 * Sec. 46. AS 15.40.310 is amended to read: 27 Sec. 15.40.310. General provisions for conduct of [THE SPECIAL 28 PRIMARY ELECTION AND] special election. Unless specifically provided 29 otherwise, all provisions regarding the conduct of the [PRIMARY AND] general 30 election shall govern the conduct of the special [PRIMARY ELECTION AND 31 33-LS0002\A SB 2 -28- SB0002A New Text Underlined [DELETED TEXT BRACKETED] SPECIAL] election of the governor and lieutenant governor, including provisions 1 concerning voter qualifications; provisions regarding the duties, powers, rights, and 2 obligations of the director, of other election officials, and of municipalities; provision 3 for notification of the election; provision for payment of election expenses; provisions 4 regarding employees being allowed time from work to vote; provisions for the 5 counting, reviewing, and certification of returns; provisions for the determination of 6 the votes and of recounts, contests, and appeal; and provision for absentee voting. 7 * Sec. 47. AS 15.40.330 is amended to read: 8 Sec. 15.40.330. Qualification and confirmation of appointee. (a) The 9 appointee shall meet the qualifications of a member of the legislature as prescribed in 10 art. II, sec. 2, Constitution of the State of Alaska, [AND, IF THE PREDECESSOR IN 11 OFFICE WAS A MEMBER OF A POLITICAL PARTY OR POLITICAL GROUP 12 AT THE TIME OF THE VACANCY, (1)] shall be a member of the same political 13 party [OR POLITICAL GROUP] as that which nominated the predecessor in office, 14 [;] and [(2)] shall be subject to confirmation by a majority of the members of the 15 legislature who are members of the same political party as that which nominated 16 [OR POLITICAL GROUP] the predecessor in office and of the same house as was the 17 predecessor in office. If the predecessor in office was not nominated by [A 18 MEMBER OF] a political party or [POLITICAL GROUP AT THE TIME OF THE 19 VACANCY, OR,] if no other member of the predecessor's political party [OR 20 POLITICAL GROUP] is a member of the predecessor's house of the legislature, the 21 governor may appoint any qualified person. If the appointee is not a member of a 22 political party [OR POLITICAL GROUP, AS PROVIDED IN (b) OF THIS 23 SECTION], the appointment is not subject to confirmation. If the appointee is a 24 member of a political party [OR POLITICAL GROUP], the appointment is subject to 25 confirmation as provided in [BY (b) OF] this section for the confirmation of political 26 party [OR POLITICAL GROUP] appointees. 27 (b) A member of a political party [OR POLITICAL GROUP] is a person who 28 supports the political program of a [POLITICAL] party [OR POLITICAL GROUP]. 29 The filing for office of a candidate as an independent candidate or a candidate not 30 representing a political party [ABSENCE OF A POLITICAL PARTY OR 31 33-LS0002\A SB0002A -29- SB 2 New Text Underlined [DELETED TEXT BRACKETED] POLITICAL GROUP DESIGNATION AFTER A CANDIDATE'S NAME ON AN 1 ELECTION BALLOT] does not preclude a candidate from being a member of a 2 political party [OR POLITICAL GROUP]. Recognition of an independent candidate 3 or a candidate not representing a political party [A CANDIDATE] as a member of 4 a [POLITICAL] party [OR POLITICAL GROUP] caucus of members of t he 5 legislature at the legislative session following the election of the independent 6 candidate or candidate not representing a political party is recognition of that 7 person's [POLITICAL] party [OR POLITICAL GROUP] membership at the time 8 filings were made by party candidates for the preceding general election [FOR 9 THE PURPOSES OF CONFIRMATION UNDER THIS SECTION]. 10 * Sec. 48. AS 15.40.380 is amended to read: 11 Sec. 15.40.380. Conditions for part-term senate appointment and special 12 election. If the vacancy is for an unexpired senate term of more than two years and 13 five full calendar months, the governor shall call a special [PRIMARY ELECTION 14 AND A SPECIAL] election by proclamation and the appointment shall expire on the 15 date the state senate first convenes or reconvenes following the certification of the 16 results of the special election by the director. 17 * Sec. 49. AS 15.40.390 is amended to read: 18 Sec. 15.40.390. Date of special [PRIMARY ELECTION AND SPECIAL] 19 election. The special [PRIMARY] election to fill a vacancy in the state senate shall be 20 held on the date of the first general [PRIMARY] election held more than three full 21 calendar months [60 DAYS] after the senate vacancy occurs [, AND THE SPECIAL 22 ELECTION SHALL BE HELD ON THE DATE OF THE FIRST GENERAL 23 ELECTION THEREAFTER]. 24 * Sec. 50. AS 15.40.400 is amended to read: 25 Sec. 15.40.400. Proclamation of [SPECIAL PRIMARY ELECTION AND] 26 special election. The governor shall issue the proclamation calling the [SPECIAL 27 PRIMARY ELECTION AND] special election at least 50 days before the [SPECIAL 28 PRIMARY] election. 29 * Sec. 51. AS 15.40.440 is amended to read: 30 Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions 31 33-LS0002\A SB 2 -30- SB0002A New Text Underlined [DELETED TEXT BRACKETED] for the nomination of candidates not representing a political party shall be signed 1 by qualified voters equal in number to at least one percent of the number of 2 voters who cast ballots in the proposed nominee's respective house or senate 3 district in the preceding general election. A nominating petition may not contain 4 fewer than 50 signatures for any district and must [BE EXECUTED UNDER 5 OATH,] state in substance that which is required in petitions for nomination under 6 AS 15.25.181 [A DECLARATION OF CANDIDACY UNDER AS 15.25.030, AND 7 INCLUDE THE FEE REQUIRED UNDER AS 15.25.050(a)]. 8 * Sec. 52. AS 15.40 is amended by adding new sections to read: 9 Sec. 15.40.451. Requirements of petition by political party. Petitions for the 10 nomination of candidates of political parties shall state in substance that the party 11 desires and intends to support the named candidate for the office of state senator at the 12 special election and requests that the name of the candidate be placed on the ballot. 13 Sec. 15.40.461. Selection of political party nominees. The nominees of 14 political parties may be selected by the respective party district committee or by any 15 other manner as provided by the party bylaws, and the petition shall be signed by the 16 chairperson of the party district committee or by any other party official designated by 17 the party bylaws. 18 * Sec. 53. AS 15.40.470 is amended to read: 19 Sec. 15.40.470. General provision for conduct of [THE SPECIAL 20 PRIMARY ELECTION AND] special election. Unless specifically provided 21 otherwise, all provisions regarding the conduct of the [PRIMARY ELECTION AND] 22 general election shall govern the conduct of the special [PRIMARY ELECTION AND 23 SPECIAL] election of state senators, including provisions concerning voter 24 qualifications; provisions regarding the duties, powers, rights, and obligations of the 25 director, of other election officials, and of municipalities; provision for notification of 26 the election; provision for payment of election expenses; provisions regarding 27 employees being allowed time from work to vote; provisions for the counting, 28 reviewing, and certification of returns; provisions for the determination of the votes 29 and of recounts, contests, and appeal; and provision for absentee voting. 30 * Sec. 54. AS 15.45.190 is amended to read: 31 33-LS0002\A SB0002A -31- SB 2 New Text Underlined [DELETED TEXT BRACKETED] Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall 1 direct the director to place the ballot title and proposition on the election ballot of the 2 first statewide general, special, special runoff [PRIMARY], or primary election that is 3 held after 4 (1) the petition has been filed; 5 (2) a legislative session has convened and adjourned; and 6 (3) a period of 120 days has expired since the adjournment of the 7 legislative session. 8 * Sec. 55. AS 15.45.420 is amended to read: 9 Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall 10 direct the director to place the ballot title and proposition on the election ballot for the 11 first statewide general, special, special runoff [PRIMARY], or primary election held 12 more than 180 days after adjournment of the legislative session at which the act was 13 passed. 14 * Sec. 56. AS 15.58.010 is amended to read: 15 Sec. 15.58.010. Election pamphlet. Before each state general election, and 16 before each state primary, special, or special runoff [PRIMARY] election at which a 17 ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall 18 prepare, publish, and mail at least one election pamphlet to each household identified 19 from the official registration list. The pamphlet shall be prepared on a regional basis as 20 determined by the lieutenant governor. 21 * Sec. 57. AS 15.58.020(b) is amended to read: 22 (b) Each primary, special, or special runoff [PRIMARY] election pamphlet 23 shall contain only the information specified in (a)(6) and (a)(9) of this section for each 24 ballot measure scheduled to appear on the primary, special, or special runoff 25 [PRIMARY] election ballot. 26 * Sec. 58. AS 15.58.030(b) is amended to read: 27 (b) Not later than July 22 of a year in which a state general election will be 28 held, an individual who becomes a candidate for the office of United States senator, 29 United States representative, governor, lieutenant governor, state senator, or state 30 representative under AS 15.25.030 or 15.25.181 may file with the lieutenant governor 31 33-LS0002\A SB 2 -32- SB0002A New Text Underlined [DELETED TEXT BRACKETED] a photograph and a statement advocating the candidacy. An individual who becomes 1 a candidate for the office of United States senator, United States representative, 2 governor, lieutenant governor, state senator, or state representative by party 3 petition filed under AS 15.25.111 may file with the lieutenant governor a 4 photograph and a statement advocating the candidacy within 10 days of 5 becoming a candidate. 6 * Sec. 59. AS 15.80.010(9) is amended to read: 7 (9) "federal election" means a general, special, special runoff 8 [PRIMARY], or primary election held solely or in part for the purpose of selecting, 9 nominating, or electing a candidate for the office of President, Vice-President, 10 presidential elector, United States senator, or United States representative; 11 * Sec. 60. AS 39.50.020(b) is amended to read: 12 (b) A public official or former public official other than an elected or 13 appointed municipal officer shall file the statement with the Alaska Public Offices 14 Commission. Candidates for the office of governor and lieutenant governor and, if the 15 candidate is not subject to AS 24.60, the legislature shall file the statement under 16 AS 15.25.030 or 15.25.181. Municipal officers, former municipal officers, and 17 candidates for elective municipal office shall file with the municipal clerk or other 18 municipal official designated to receive their filing for office. All statements required 19 to be filed under this chapter are public records. 20 * Sec. 61. AS 15.15.025, 15.15.030(14), 15.15.030(15), 15.15.030(16), 15.15.030(17), 21 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 AS 15.58.020(a)(13), 15.58.020(c); and AS 15.80.010(34) are repealed. 23