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HOUSE BILL NO. 43
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE SCHRAGE
Introduced: 1/17/25
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to elections; relating to voters; relating to the crime of unlawful 1
interference with voting; and providing for an effective date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 15.05.010 is amended to read: 4
Sec. 15.05.010. Voter qualification. A person may vote at any election who 5
(1) is a citizen of the United States; 6
(2) is 18 years of age or older; 7
(3) has been a resident of the state and of the house district in which 8
the person seeks to vote for at least 30 days just before the election; and 9
(4) has registered [BEFORE THE ELECTION] as required under 10
AS 15.07 and is not registered to vote in another jurisdiction. 11
* Sec. 2. AS 15.07.060 is amended by adding a new subsection to read: 12
(g) An applicant who requests registration within 30 days before an election in 13
which the applicant desires to vote shall provide 14 34-LS0231\N
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(1) an affidavit, signed under penalty of perjury and witnessed by an 1
election official, stating whether the applicant established residency at least 30 days 2
before the date of the election in 3
(A) the state; and 4
(B) the house district in which the applicant seeks to vote at the 5
election; and 6
(2) a physical or electronic copy of 7
(A) identification issued by the federal government, the state, a 8
municipality, a tribal government, or a secondary or postsecondary school that 9
displays the applicant's Alaska residence address; or 10
(B) a utility bill, bank statement, paycheck, government check, 11
or other government document dated not more than 60 days before the 12
registration or reregistration and displaying the applicant's name and Alaska 13
residence address. 14
* Sec. 3. AS 15.07.070(c) is amended to read: 15
(c) The names of persons submitting completed registration forms by mail that 16
are postmarked at least 30 days before the next election, or submitting completed 17
registration forms by facsimile or other electronic transmission approved by the 18
director under AS 15.07.050 that are received at least 30 days before the next election, 19
shall be placed on the official registration list for that election. If a registration form 20
received by mail less than 30 days before an election does not have a legible and dated 21
postmark, the name of the person submitting the form shall be placed on the official 22
registration list for that election if the form was signed and dated by the person at least 23
30 days before the election and if the form is received by the director or election 24
supervisor at least 25 days before the election. The name of a person submitting a 25
completed registration form by mail or by facsimile or other electronic transmission 26
that does not meet the applicable requirements of this subsection may not be placed on 27
the official registration list for that election but shall be placed on the master register 28
after that election. A person submitting a completed registration form that does 29
not meet the requirements of this subsection for placement on the master register 30
for the next election but who complies with AS 15.07.060(g) may vote an absentee 31 34-LS0231\N
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in-person, special needs, or questioned ballot at that election. 1
* Sec. 4. AS 15.07.070(d) is amended to read: 2
(d) Qualified voters may register in person before a registration official or 3
through a voter registration agency at any time throughout the year. A qualified voter 4
who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days before 5
or on the day of an election may vote only an absentee in-person, special needs, or 6
questioned ballot [PRECEDING AN ELECTION IS NOT ELIGIBLE TO VOTE] at 7
that election. The division may not reject the absentee in-person, special needs, or 8
questioned ballot of a qualified voter who registers within 30 days before or on 9
the day of an election on the grounds that the voter is not on the official 10
registration list for the election. Upon receipt and approval of the registration forms, 11
the director or the election supervisor shall forward to the voter an acknowledgment in 12
the form of a registration card, and the voter's name shall immediately be placed on 13
the master register. Names of persons registering 30 or more days before an election 14
shall be placed on the official registration list for that election. 15
* Sec. 5. AS 15.07.070(h) is amended to read: 16
(h) The director shall design the form of the voter's certificate appearing on 17
the envelope that is used for voting an absentee in-person, special needs, or 18
questioned ballot so that all information required for registration by AS 15.07.060(a) 19
may be obtained from a voter who votes an absentee in-person, special needs, or 20
questioned ballot. The form must include the instruction that a person registering 21
to vote using the voter's certificate who wishes to declare the person's affiliation 22
should complete the affiliation section on the certificate. If the voter voting an 23
absentee in-person, special needs, or questioned ballot has completed all information 24
on the voter registration portion of the absentee in-person, special needs, or 25
questioned ballot voter's certificate, the director shall place the name of the voter on 26
the official registration list. 27
* Sec. 6. AS 15.07.090(b) is amended to read: 28
(b) A voter shall reregister if the voter's registration is cancelled as provided in 29
AS 15.07.130. A person reregistering under this subsection may vote only an 30
absentee in-person, special needs, or questioned ballot until [THE 31 34-LS0231\N
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REREGISTRATION IS EFFECTIVE FOR] the next election that occurs at least 30 1
days after the date of reregistration. The division may not reject the absentee in-2
person, special needs, or questioned ballot of a qualified voter who reregisters 3
within 30 days before or on the day of an election on the grounds that the voter is 4
not on the official registration list for the election. 5
* Sec. 7. AS 15.07.090(c) is amended to read: 6
(c) The director shall transfer the registration of a voter from one precinct to 7
another within a house district when requested by the voter. If a [THE] request is 8
[SHALL BE] made within 30 [OR MORE] days before [THE] election day or on 9
election day, a person transferring registration to a new precinct may vote only 10
an absentee in-person, special needs, or questioned ballot. The division may not 11
reject the absentee in-person, special needs, or questioned ballot of a qualified 12
voter who transfers registration within 30 days before or on the day of an election 13
on the grounds that the voter is not on the official registration list for the election. 14
The director shall transfer the registration of a voter from one house district to another 15
when requested by the voter. The voter must reside in the new house district for at 16
least 30 days in order to vote a ballot for that district. 17
* Sec. 8. AS 15.07.090(d) is amended to read: 18
(d) A person who claims to be a registered voter, but for whom no evidence of 19
registration in the precinct can be found, may vote only an absentee in-person, 20
special needs, or questioned ballot. The division may not reject the absentee in-21
person, special needs, or questioned ballot of a qualified voter who registers 22
within 30 days before or on the day of an election on the grounds that the voter is 23
not on the official registration list for the election [SHALL BE GRANTED THE 24
RIGHT TO VOTE IN THE SAME MANNER AS THAT OF A QUESTIONED 25
VOTER AND THE BALLOT SHALL BE TREATED IN THE SAME MANNER. 26
THE BALLOT SHALL BE CONSIDERED TO BE A "QUESTIONED BALLOT" 27
AND SHALL BE SO DESIGNATED. THE DIRECTOR OR THE DIRECTOR'S 28
REPRESENTATIVE SHALL DETERMINE WHETHER THE VOTER IS 29
REGISTERED IN THE HOUSE DISTRICT BEFORE COUNTING THE BALLOT. 30
A VOTER WHO HAS FAILED TO OBTAIN A TRANSFER AS PROVIDED IN (c) 31 34-LS0231\N
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OF THIS SECTION SHALL VOTE A "QUESTIONED BALLOT" IN THE 1
PRECINCT IN WHICH THE VOTER RESIDES]. 2
* Sec. 9. AS 15.07.130(e) is amended to read: 3
(e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 4
(1) the voter is present at a polling place or at an early [ABSENTEE] 5
voting station designated under AS 15.20.045(b) at a time when the polling place or 6
early [ABSENTEE] voting station is operating, for the purpose of casting a vote; 7
(2) the voter applies to the division to obtain an absentee ballot; or 8
(3) in an election conducted by mail under AS 15.20.800, a voter who 9
has not received a ballot by mail makes a timely request to the division for a ballot. 10
* Sec. 10. AS 15.15.370 is amended to read: 11
Sec. 15.15.370. Completion of ballot count; certificate. When the count of 12
ballots is completed, and in no event later than the day after the election, the election 13
board shall make a certificate in duplicate of the results. The certificate includes the 14
number of votes cast for each candidate, including, for a candidate in a general 15
election, the number of votes at each round of the ranked-choice tabulation process 16
under AS 15.15.350, the number of votes for and against each proposition, yes or no 17
on each question, and any additional information prescribed by the director. The 18
election board shall, immediately upon completion of the certificate or as soon 19
thereafter as the local mail service permits, send in one sealed package to the director 20
one copy of the certificate and the register. In addition, all ballots properly cast shall 21
be mailed to the director in a separate, sealed package. Both packages, in addition to 22
an address on the outside, shall clearly indicate the precinct from which they come. 23
Each board shall, immediately upon completion of the certification and as soon 24
thereafter as the local mail service permits, send the duplicate certificate to the 25
respective election supervisor. The director may authorize election boards in precincts 26
in those areas of the state where distance and weather make mail communication 27
unreliable to forward their election results by telephone or radio. The director may 28
authorize the unofficial totaling of votes on a regional basis by election supervisors, 29
tallying the votes as indicated on duplicate certificates. If the director publishes 30
unofficial results, the director shall include, for each candidate, the subsequent 31 34-LS0231\N
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candidate rankings selected by the voters who ranked that candidate as the 1
voters' first choice. 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 15.20.030 is amended to read: 5
Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The 6
director shall provide ballots for use as absentee ballots in all districts. The director 7
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 8
and shall provide a postage-paid return [AN] envelope with the prescribed voter's 9
certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The 10
director shall prescribe the form of and prepare the voter's certificate, envelopes, and 11
other material used in absentee voting. The voter's certificate shall include a 12
declaration, for use when required, that the voter is a qualified voter in all respects, a 13
blank for the voter's signature, and a space for recording the date that the voter 14
signed the certificate. An envelope may not identify a voter's party affiliation [, A 15
CERTIFICATION THAT THE AFFIANT PROPERLY EXECUTED THE 16
MARKING OF THE BALLOT AND GAVE THE VOTER'S IDENTITY, BLANKS 17
FOR THE ATTESTING OFFICIAL OR WITNESS, AND A PLACE FOR 18
RECORDING THE DATE THE ENVELOPE WAS SEALED AND WITNESSED]. 19
The envelope with the voter's certificate must include a notice that false statements 20
made by the voter [OR BY THE ATTESTING OFFICIAL OR WITNESS] on the 21
certificate are punishable by law. 22
* Sec. 12. AS 15.20.045 is amended to read: 23
Sec. 15.20.045. Designation of absentee voting officials and stations. (a) 24
The director or election supervisor may designate persons to act as absentee voting 25
officials under AS 15.20.010 - 15.20.220 in areas where election supervisors do not 26
have offices. Magistrates may, with the approval of the administrative director of the 27
Alaska Court System, be designated under this section. At least 30 [15] days before 28
the election the director shall supply each absentee voting official with appropriate 29
ballots. 30
(b) The director may designate by regulation [ADOPTED UNDER AS 44.62 31 34-LS0231\N
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(ADMINISTRATIVE PROCEDURE ACT)] locations at which early [ABSENTEE] 1
voting stations will be operated for persons to vote absentee ballots on or after the 2
30th [15TH] day before an election up to and including the date of the election. The 3
director shall supply these [ABSENTEE] voting stations with absentee ballots for all 4
house districts in the state and shall designate absentee voting officials to serve at the 5
[ABSENTEE] voting stations. 6
(c) In a municipality in which the division will not be operating an early 7
[ABSENTEE] voting station under this section, the director may designate the 8
municipal clerk as an absentee voting official for the limited purpose of distributing 9
absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters' 10
representatives under AS 15.20.072. At least 30 [15] days before the election, the 11
director shall supply municipal clerks designated under this subsection with absentee 12
ballots. 13
* Sec. 13. AS 15.20.050 is amended to read: 14
Sec. 15.20.050. Requirement of full public notice. The director shall give full 15
public notice of the dates and manner of voting absentee and may select any means of 16
communication permitted to be used in giving notice of the date and time of the 17
general election. The director shall give notice under this section of the location of 18
early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45 19
days before each election. 20
* Sec. 14. AS 15.20.061(a) is amended to read: 21
(a) A qualified voter may apply in person for an absentee ballot to the 22
following election officials at the times specified: 23
(1) to an absentee voting official on or after the 30th [15TH] day 24
before an election up to and including the date of the election; 25
(2) to an election supervisor on or after the 30th [15TH] day before an 26
election up to and including the date of the election; 27
(3) to an absentee voting official at an early [ABSENTEE] voting 28
station designated under AS 15.20.045(b) on or after the 30th [15TH] day before an 29
election up to and including the date of the election; 30
(4) to an absentee voting official in the precinct in which no volunteers 31 34-LS0231\N
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can be located to serve on the election board on or after the 30th [15TH] day before an 1
election up to and including election day. 2
* Sec. 15. AS 15.20.064(a) is amended to read: 3
(a) For 30 [15] days before an election and on election day, a qualified voter 4
who meets the requirements set out in this section may vote in locations designated by 5
the director. 6
* Sec. 16. AS 15.20.064 is amended by adding a new subsection to read: 7
(e) If a voter fails to satisfy the requirements of (b) of this section, the voter 8
shall be allowed to vote an absentee ballot in the manner provided in AS 15.20.061. 9
* Sec. 17. AS 15.20.072(b) is amended to read: 10
(b) The voter may, through a representative, request a special needs ballot 11
from the following election officials at the times specified: 12
(1) from an absentee voting official on or after the 30th [15TH] day 13
before an election, up to and including election day; 14
(2) from an election supervisor on or after the 30th [15TH] day before 15
an election up to and including election day; 16
(3) from an absentee voting official at an early [ABSENTEE] voting 17
station designated under AS 15.20.045(b) on or after the 30th [15TH] day before an 18
election up to and including the date of the election; or 19
(4) from a member of the precinct election board on election day. 20
* Sec. 18. AS 15.20.081(d) is amended to read: 21
(d) Upon receipt of an absentee ballot by mail, the voter [, IN THE 22
PRESENCE OF A NOTARY PUBLIC, COMMISSIONED OFFICER OF THE 23
ARMED FORCES INCLUDING THE NATIONAL GUARD, DISTRICT JUDGE 24
OR MAGISTRATE, UNITED STATES POSTAL OFFICIAL, REGISTRATION 25
OFFICIAL, OR OTHER PERSON QUALIFIED TO ADMINISTER OATHS,] may 26
proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place 27
the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the 28
envelope. The [IN THE PRESENCE OF AN OFFICIAL LISTED IN THIS 29
SUBSECTION WHO SHALL SIGN AS ATTESTING OFFICIAL AND SHALL 30
DATE THE SIGNATURE. IF NONE OF THE OFFICIALS LISTED IN THIS 31 34-LS0231\N
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SUBSECTION IS REASONABLY ACCESSIBLE, AN ABSENTEE VOTER 1
SHALL SIGN THE VOTER'S CERTIFICATE IN THE PRESENCE OF AN 2
INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER, WHO SHALL SIGN AS 3
A WITNESS AND ATTEST TO THE DATE ON WHICH THE VOTER SIGNED 4
THE CERTIFICATE IN THE INDIVIDUAL'S PRESENCE, AND, IN ADDITION, 5
THE] voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that 6
the statements in the voter's certification are true. 7
* Sec. 19. AS 15.20.201(a) is amended to read: 8
(a) Not [NO] less than 10 [SEVEN] days preceding the day of election, the 9
election supervisor, in the presence and with the assistance of the district absentee 10
ballot counting board, shall begin to review all voter certificates and envelopes of 11
absentee ballots received by that date. The review of absentee ballots shall continue at 12
times designated by the election supervisor until completed. An absentee ballot may 13
not be counted until the accompanying voter certificate has been reviewed. 14
* Sec. 20. AS 15.20.203(b) is amended to read: 15
(b) The board shall reject an [AN] absentee ballot [MAY NOT BE 16
COUNTED] if 17
(1) the voter has failed to properly sign [EXECUTE] the certificate; 18
(2) [AN OFFICIAL OR THE WITNESSES AUTHORIZED BY LAW 19
TO ATTEST THE VOTER'S CERTIFICATE FAIL TO EXECUTE THE 20
CERTIFICATE, EXCEPT THAT AN ABSENTEE BALLOT CAST IN PERSON 21
AND ACCEPTED BY AN ABSENTEE VOTING OFFICIAL OR ELECTION 22
SUPERVISOR MAY BE COUNTED DESPITE FAILURE OF THE ABSENTEE 23
VOTING OFFICIAL OR ELECTION SUPERVISOR TO PROPERLY SIGN AND 24
DATE THE VOTER'S CERTIFICATE AS ATTESTING OFFICIAL AS REQUIRED 25
UNDER AS 15.20.061(c); 26
(3) THE BALLOT IS NOT ATTESTED ON OR BEFORE THE 27
DATE OF THE ELECTION; 28
(4)] the ballot envelope and certificate, if delivered by mail after the 29
day of the election [POSTMARKED], 30
(A) is [NOT] postmarked after [ON OR BEFORE] the date of 31 34-LS0231\N
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the election; or 1
(B) has a United States Postal Service tracking barcode or a 2
division of elections ballot tracking barcode verifying that the ballot was 3
mailed after the date of the election; 4
(3) [(5)] after the day of election, the ballot was delivered by a means 5
other than mail; or 6
(4) [OR (6)] the voter voted 7
(A) in person and is a 8
(i) first-time voter who initially registered by mail or by 9
facsimile or other electronic transmission approved by the director 10
under AS 15.07.050, has not provided the identification required by 11
AS 15.15.225(a), was not eligible for waiver of the identification 12
requirement under AS 15.15.225(b), and has not provided the 13
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 14
through state agency records described in AS 15.07.055(e); or 15
(ii) voter other than one described in (i) of this 16
subparagraph, did not provide identification described in 17
AS 15.15.225(a), was not personally known by the election official, 18
and has not provided the identifiers required in AS 15.07.060(a)(2) and 19
(3); or 20
(B) by mail or electronic transmission, is a first-time voter who 21
initially registered by mail or by facsimile or other electronic transmission 22
approved by the director under AS 15.07.050 to vote, has not met the 23
identification requirements set out in AS 15.07.060, and does not submit with 24
the ballot a copy of a 25
(i) driver's license, state identification card, current and 26
valid photo identification, birth certificate, passport, or hunting or 27
fishing license; or 28
(ii) current utility bill, bank statement, paycheck, 29
government check, or other government document; an item described 30
in this sub-subparagraph must show the name and current address of 31 34-LS0231\N
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the voter. 1
* Sec. 21. AS 15.20.220(b) is amended to read: 2
(b) The state review board shall review and count absentee ballots under 3
AS 15.20.081(e) and (h), absentee ballots properly cured under AS 15.20.222, and 4
questioned ballots that have been forwarded to the director and that have not been 5
reviewed or counted by a district counting board. 6
* Sec. 22. AS 15.20 is amended by adding a new section to read: 7
Sec. 15.20.222. Procedure for curing uncounted ballot. (a) If a voter returns 8
a ballot that is rejected because the certificate is missing a signature or the voter 9
provided insufficient voter identification, the director shall immediately make a 10
reasonable effort to contact the voter, explain the ballot deficiency, explain how the 11
deficiency may be cured, and inform the voter of the deadline to cure the ballot. The 12
director shall, within 24 hours, attempt to begin sending notices of deficiency by 13
electronic mail to the voter's electronic mail address if the voter has provided an 14
electronic mail address. If the voter has provided a telephone number, the director 15
shall, within 24 hours, attempt to notify the voter of the deficiency by telephone call 16
and text message. The director shall, within 48 hours and not later than five days after 17
election day, send a notice of deficiency by first class, nonforwardable mail to the 18
address on the voter's registration record. 19
(b) A notice of deficiency must include a form for the voter to confirm that the 20
voter returned a ballot to the division and provide a copy of a form of identification 21
accepted by the division under AS 15.15.225(a). The director shall provide a printed 22
copy of the form with the notice of deficiency mailed to the voter. The director shall 23
also make the form available in a format that can be completed and returned 24
electronically. 25
(c) The rejected ballot of a voter who received a notice of deficiency may be 26
counted only if 27
(1) the voter returns the form sent with the notice of deficiency, the 28
division receives the form within 14 days after election day, and the form confirms 29
that the voter returned a ballot to the division; 30
(2) the voter provides a signature and includes a copy of a form of 31 34-LS0231\N
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identification accepted by the division under AS 15.15.225(a); and 1
(3) the ballot is otherwise valid. 2
(d) The director shall, if applicable, send copies of the signature on the voter's 3
return envelope and the signature stored in voter registration records to the attorney 4
general for investigation if the voter returns the form and the form indicates that the 5
voter did not return a ballot to the division. 6
* Sec. 23. AS 15.56.030(d) is amended to read: 7
(d) For purposes of (a)(2) and (3) of this section, "other valuable thing" 8
(1) includes 9
(A) an entry in a game of chance in which a prize of money or 10
other present or future pecuniary gain or advantage may be awarded to a 11
participant wherein the total of the prizes offered is greater than $2 per 12
participant with a maximum of $100; and 13
(B) government employment or benefits; 14
(2) does not include 15
(A) materials having a nominal value bearing the name, 16
likeness, or other identification of a candidate, political party, political group, 17
party district committee, or organization, or stating a position on a ballot 18
proposition or question; 19
(B) food and refreshments provided incidental to an activity 20
that is nonpartisan in nature and directed at encouraging persons to vote, or 21
incidental to a gathering in support of or in opposition to a candidate, political 22
party, political group, party district committee, organization, or ballot question 23
or proposition; 24
(C) care of the voter's dependents provided in connection with 25
the absence of a voter from home for the purpose of voting; 26
(D) services provided by a person acting as a representative 27
under AS 15.20.072; 28
(E) services provided by an election official as defined in 29
AS 15.80.010; [AND] 30
(F) transportation of a voter to or from the polls without 31 34-LS0231\N
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charge; and 1
(G) postage-paid return envelopes required in 2
AS 15.20.030. 3
* Sec. 24. AS 15.58.030(h) is amended to read: 4
(h) The lieutenant governor shall prepare and publish on the division's Internet 5
website the photograph and statement of a candidate for an office designated under 6
(a), (b), or (g) of this section. The lieutenant governor shall indicate that the 7
photograph and statement are provided and paid for by the candidate. A photograph 8
and a statement of a candidate that have been timely filed with the lieutenant governor 9
shall be published on the website at least 30 [15] days before an election at which the 10
candidate will appear on the ballot. 11
* Sec. 25. AS 29.20.380(c) is amended to read: 12
(c) The municipal clerk may act as an absentee voting official under 13
AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified 14
voters or qualified voters' representatives under AS 15.20.072 in a municipality in 15
which the division of elections will not be operating an early [ABSENTEE] voting 16
station under AS 15.20.045(b). 17
* Sec. 26. AS 29.26.050 is amended by adding a new subsection to read: 18
(d) Except as a municipality may require for elections held only in specific 19
local election districts or service areas under (b) of this section, a person who has lived 20
within the municipality for at least 30 days, but who has not registered to vote in state 21
elections at a residence address within the municipality at least 30 days before a 22
municipal election, may vote only an absentee, special needs, or questioned ballot in 23
that election. The municipality may not reject the absentee, special needs, or 24
questioned ballot of a qualified voter who registers within 30 days before or on the day 25
of an election on the grounds that the voter is not on the official registration list for the 26
election. 27
* Sec. 27. AS 29.26.050(a)(3) is repealed. 28
* Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 29
read: 30
APPLICABILITY. AS 15.56.030(d), as amended by sec. 23 of this Act, applies to 31 34-LS0231\N
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offenses committed on or after the effective date of sec. 23 of this Act. 1
* Sec. 29. This Act takes effect January 1, 2026. 2