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2 | 2 | | SB0179A -1- SB 179 |
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3 | 3 | | New Text Underlined [DELETED TEXT BRACKETED] |
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4 | 4 | | |
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5 | 5 | | 34-LS0767\A |
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11 | 11 | | SENATE BILL NO. 179 |
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12 | 12 | | |
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13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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14 | 14 | | |
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15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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16 | 16 | | |
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17 | 17 | | BY THE SENATE JUDICIARY COMMITTEE |
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18 | 18 | | |
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19 | 19 | | Introduced: 4/22/25 |
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20 | 20 | | Referred: State Affairs, Community and Regional Affairs |
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21 | 21 | | |
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22 | 22 | | |
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23 | 23 | | A BILL |
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24 | 24 | | |
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25 | 25 | | FOR AN ACT ENTITLED |
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26 | 26 | | |
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27 | 27 | | "An Act relating to ranked-choice voting; and reducing the number of candidates in a 1 |
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28 | 28 | | general election from four to three." 2 |
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29 | 29 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | 30 | | * Section 1. AS 15.15.030 is amended to read: 4 |
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31 | 31 | | Sec. 15.15.030. Preparation of official ballot. The director shall prepare all 5 |
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32 | 32 | | official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to 6 |
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33 | 33 | | reflect most accurately the intent of the voter, and to expedite the administration of 7 |
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34 | 34 | | elections. The following directives shall be followed when applicable: 8 |
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35 | 35 | | (1) The director shall determine the size of the ballot, the type of print, 9 |
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36 | 36 | | necessary additional instruction notes to voters, and other similar matters of form not 10 |
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37 | 37 | | provided by law. 11 |
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38 | 38 | | (2) The director shall number ballots in series to ensure simplicity and 12 |
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39 | 39 | | secrecy and to prevent fraud. 13 |
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40 | 40 | | (3) The director shall contract for the preparation of ballots under 14 34-LS0767\A |
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41 | 41 | | SB 179 -2- SB0179A |
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42 | 42 | | New Text Underlined [DELETED TEXT BRACKETED] |
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43 | 43 | | |
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44 | 44 | | AS 36.30 (State Procurement Code). 1 |
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45 | 45 | | (4) The director may not include on the ballot, as a part of a candidate's 2 |
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46 | 46 | | name, any honorary or assumed title or prefix but may include in the candidate's name 3 |
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47 | 47 | | any nickname or familiar form of a proper name of the candidate. 4 |
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48 | 48 | | (5) The names of the candidates shall be placed in separate sections on 5 |
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49 | 49 | | the state general election ballot under the office designation to which they were 6 |
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50 | 50 | | nominated. If a candidate is registered as affiliated with a political party or political 7 |
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51 | 51 | | group, the party affiliation, if any, may be designated after the name of the candidate, 8 |
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52 | 52 | | upon request of the candidate. If a candidate has requested designation as nonpartisan 9 |
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53 | 53 | | or undeclared, that designation shall be placed after the name of the candidate. If a 10 |
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54 | 54 | | candidate is not registered as affiliated with a political party or political group and has 11 |
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55 | 55 | | not requested to be designated as nonpartisan or undeclared, the candidate shall be 12 |
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56 | 56 | | designated as undeclared. The lieutenant governor and the governor shall be included 13 |
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57 | 57 | | under the same section. Provision shall be made for voting for write-in candidates 14 |
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58 | 58 | | within each section. Paper ballots for the state general election shall be printed on 15 |
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59 | 59 | | white paper. 16 |
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60 | 60 | | (6) The names of the candidates for each office shall be set out in the 17 |
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61 | 61 | | same order on ballots printed for use in each house district. The director shall 18 |
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62 | 62 | | randomly determine the order of the names of the candidates for state representative 19 |
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63 | 63 | | for each house district. The director shall rotate the order of placement of the names of 20 |
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64 | 64 | | candidates for governor, lieutenant governor, United States senator, United States 21 |
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65 | 65 | | representative, and state senator on the ballot for each house district. 22 |
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66 | 66 | | (7) The general election ballot shall be designed with the names of 23 |
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67 | 67 | | candidates of each political party, and of any independent candidates qualified under 24 |
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68 | 68 | | AS 15.30.026, for the office of President and Vice-President of the United States 25 |
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69 | 69 | | placed in the same section on the ballot rather than the names of electors of President 26 |
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70 | 70 | | and Vice-President. 27 |
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71 | 71 | | (8) The general or special election ballot shall be designed with the 28 |
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72 | 72 | | title and proposition for any initiative, referendum, or constitutional amendment 29 |
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73 | 73 | | formulated as prescribed by law and placed on the ballot in the manner prescribed by 30 |
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74 | 74 | | the director. When placed on the ballot, a state ballot proposition or ballot question |
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75 | 75 | | 31 34-LS0767\A |
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76 | 76 | | SB0179A -3- SB 179 |
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77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
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78 | 78 | | |
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79 | 79 | | shall carry the number that was assigned to the petition for the proposition or question. 1 |
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80 | 80 | | Provision shall be made for marking the proposition "Yes" or "No." 2 |
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81 | 81 | | (9) The general or special election ballot shall be designed with the 3 |
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82 | 82 | | question of whether a constitutional convention shall be called placed on the ballot in 4 |
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83 | 83 | | the following manner: "Shall there be a constitutional convention?" Provision shall be 5 |
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84 | 84 | | made for marking the question "Yes" or "No." 6 |
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85 | 85 | | (10) A nonpartisan ballot shall be designed for each judicial district in 7 |
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86 | 86 | | which a justice or judge is seeking retention in office. The ballot shall be divided into 8 |
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87 | 87 | | four parts. Each part must bear a heading indicating the court to which the candidate is 9 |
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88 | 88 | | seeking approval, and provision shall be made for marking each question "Yes" or 10 |
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89 | 89 | | "No." Within each part, the question of whether the justice or judge shall be approved 11 |
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90 | 90 | | or rejected shall be set out in substantially the following manner: 12 |
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91 | 91 | | (A) "Shall . . . . . . . be retained as justice of the supreme court 13 |
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92 | 92 | | for 10 years?"; 14 |
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93 | 93 | | (B) "Shall . . . . . . . be retained as judge of the court of appeals 15 |
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94 | 94 | | for eight years?"; 16 |
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95 | 95 | | (C) "Shall . . . . . . . be retained as judge of the superior court 17 |
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96 | 96 | | for six years?"; or 18 |
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97 | 97 | | (D) "Shall . . . . . . . be retained as judge of the district court for 19 |
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98 | 98 | | four years?" 20 |
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99 | 99 | | (11) When the legislature by law authorizes a state debt for capital 21 |
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100 | 100 | | improvements, the director shall place the question of whether the specific 22 |
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101 | 101 | | authorization shall be ratified by placing the ballot title and question on the next 23 |
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102 | 102 | | general election ballot, or on the special election ballot if a special election is held for 24 |
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103 | 103 | | the purpose of ratifying the state debt for capital improvements before the time of the 25 |
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104 | 104 | | next general election. Unless specifically provided otherwise in the Act authorizing 26 |
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105 | 105 | | the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate 27 |
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106 | 106 | | the general subject of the Act. The question shall, by the use of a few sentences in a 28 |
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107 | 107 | | succinct manner, give a true and impartial summary of the Act authorizing the state 29 |
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108 | 108 | | debt. The question of whether state debt shall be contracted shall be assigned a letter 30 |
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109 | 109 | | of the alphabet on the ballot. Provision shall be made for marking the question 31 34-LS0767\A |
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110 | 110 | | SB 179 -4- SB0179A |
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111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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112 | 112 | | |
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113 | 113 | | substantially as follows: 1 |
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114 | 114 | | "Bonds. . . . . . . Yes" or "Bonds. . . . . . . No," 2 |
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115 | 115 | | followed by an appropriate oval. 3 |
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116 | 116 | | (12) The director may provide for the optical scanning of ballots where 4 |
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117 | 117 | | the requisite equipment is available. 5 |
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118 | 118 | | (13) The director may provide for voting by use of electronically 6 |
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119 | 119 | | generated ballots by a voter who requests to use a machine that produces electronically 7 |
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120 | 120 | | generated ballots. 8 |
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121 | 121 | | (14) The director shall include the following statement on the ballot: 9 |
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122 | 122 | | A candidate's designated affiliation does not imply that the 10 |
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123 | 123 | | candidate is nominated or endorsed by the political party or group or 11 |
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124 | 124 | | that the party or group approves of or associates with that candidate, 12 |
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125 | 125 | | but only that the candidate is registered as affiliated with the political 13 |
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126 | 126 | | party or political group. 14 |
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127 | 127 | | (15) Instead of the statement provided by (14) of this section, when 15 |
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128 | 128 | | candidates for President and Vice-President of the United States appear on a general 16 |
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129 | 129 | | election ballot, the director shall include the following statement on the ballot: 17 |
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130 | 130 | | A candidate's designated affiliation does not imply that the 18 |
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131 | 131 | | candidate is nominated or endorsed by the political party or political 19 |
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132 | 132 | | group or that the political party or political group approves of or 20 |
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133 | 133 | | associates with that candidate, but only that the candidate is registered 21 |
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134 | 134 | | as affiliated with the party or group. The election for President and 22 |
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135 | 135 | | Vice-President of the United States is different. Some candidates for 23 |
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136 | 136 | | President and Vice-President are the official nominees of their political 24 |
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137 | 137 | | party. 25 |
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138 | 138 | | (16) The director shall design the general election ballots so that the 26 |
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139 | 139 | | candidates are selected by ranked-choice voting. 27 |
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140 | 140 | | (17) The director shall design the general election ballot to direct the 28 |
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141 | 141 | | voter to mark up to two candidates in order of preference [AND TO MARK AS 29 |
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142 | 142 | | MANY CHOICES AS THE VOTER WISHES], but not to assign the same ranking to 30 |
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143 | 143 | | more than one candidate for the same office. 31 34-LS0767\A |
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144 | 144 | | SB0179A -5- SB 179 |
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145 | 145 | | New Text Underlined [DELETED TEXT BRACKETED] |
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146 | 146 | | |
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147 | 147 | | * Sec. 2. AS 15.15.350(e) is amended to read: 1 |
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148 | 148 | | (e) When counting general election ballots, 2 |
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149 | 149 | | (1) a ballot containing an overvote shall be considered an inactive 3 |
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150 | 150 | | ballot once the overvote is encountered at the highest ranking for a continuing 4 |
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151 | 151 | | candidate; 5 |
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152 | 152 | | (2) if a ballot skips a ranking, then the election board shall count the 6 |
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153 | 153 | | next ranking [. IF THE NEXT RANKING IS ANOTHER SKIPPED RANKING, THE 7 |
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154 | 154 | | BALLOT SHALL BE CONSIDERED AN INACTIVE BALLOT ONCE THE 8 |
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155 | 155 | | SECOND SKIPPED RANKING IS ENCOUNTERED]; and 9 |
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156 | 156 | | (3) in the event of a tie between the final two continuing candidates, 10 |
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157 | 157 | | the procedures in AS 15.15.460 and AS 15.20.430 - 15.20.530 shall apply to 11 |
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158 | 158 | | determine the winner of the general election; in the event of a tie between two 12 |
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159 | 159 | | candidates with the fewest votes, the tie shall be resolved by lot to determine which 13 |
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160 | 160 | | candidate is defeated. 14 |
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161 | 161 | | * Sec. 3. AS 15.25.010 is amended to read: 15 |
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162 | 162 | | Sec. 15.25.010. Provision for primary election. Candidates for the elective 16 |
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163 | 163 | | state executive and state and national legislative offices shall be nominated in a 17 |
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164 | 164 | | primary election by direct vote of the people in the manner prescribed by this chapter. 18 |
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165 | 165 | | The primary election does not serve to determine the nominee of a political party or 19 |
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166 | 166 | | political group but serves only to narrow the number of candidates whose names will 20 |
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167 | 167 | | appear on the ballot at the general election. Except as provided in AS 15.25.100(d), 21 |
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168 | 168 | | only the three [FOUR] candidates who receive the greatest number of votes for any 22 |
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169 | 169 | | office shall advance to the general election. 23 |
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170 | 170 | | * Sec. 4. AS 15.25.100(a) is amended to read: 24 |
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171 | 171 | | (a) Except as provided in (b) - (g) of this section, of the names of candidates 25 |
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172 | 172 | | that appear on the primary election ballot under AS 15.25.010, the director shall place 26 |
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173 | 173 | | on the general election ballot only the names of the three [FOUR] candidates 27 |
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174 | 174 | | receiving the greatest number of votes for an office. For purposes of this subsection 28 |
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175 | 175 | | and (b) of this section, candidates for lieutenant governor and governor are treated as a 29 |
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176 | 176 | | single paired unit. 30 |
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177 | 177 | | * Sec. 5. AS 15.25.100(b) is amended to read: 31 34-LS0767\A |
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178 | 178 | | SB 179 -6- SB0179A |
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179 | 179 | | New Text Underlined [DELETED TEXT BRACKETED] |
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180 | 180 | | |
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181 | 181 | | (b) If two candidates tie in having the third [FOURTH] greatest number of 1 |
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182 | 182 | | votes for an office in the primary election, the director shall determine under (g) of 2 |
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183 | 183 | | this section which candidate's name shall appear on the general election ballot. 3 |
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184 | 184 | | * Sec. 6. AS 15.25.100(c) is amended to read: 4 |
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185 | 185 | | (c) Except as otherwise provided in (d) of this section, if a candidate 5 |
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186 | 186 | | nominated at the primary election dies, withdraws, resigns, becomes disqualified from 6 |
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187 | 187 | | holding office for which the candidate is nominated, or is certified as being 7 |
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188 | 188 | | incapacitated in the manner prescribed by this section after the primary election and 64 8 |
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189 | 189 | | or more days before the general election, the vacancy shall be filled by the director by 9 |
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190 | 190 | | replacing the withdrawn candidate with the candidate who received the fourth 10 |
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191 | 191 | | [FIFTH] most votes in the primary election. 11 |
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192 | 192 | | * Sec. 7. AS 15.58.020(a) is amended to read: 12 |
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193 | 193 | | (a) Each general election pamphlet must contain 13 |
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194 | 194 | | (1) photographs and campaign statements submitted by eligible 14 |
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195 | 195 | | candidates for elective office in the region; 15 |
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196 | 196 | | (2) information and recommendations filed under AS 15.58.050 on 16 |
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197 | 197 | | judicial officers subject to a retention election in the region; 17 |
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198 | 198 | | (3) a map of the house district or districts of the region; 18 |
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199 | 199 | | (4) sample ballots for house districts of the region; 19 |
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200 | 200 | | (5) an absentee ballot application; 20 |
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201 | 201 | | (6) for each ballot proposition submitted to the voters by initiative or 21 |
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202 | 202 | | referendum petition or by the legislature, 22 |
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203 | 203 | | (A) the full text of the proposition specifying constitutional or 23 |
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204 | 204 | | statutory provisions proposed to be affected; 24 |
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205 | 205 | | (B) the ballot title and the summary of the proposition prepared 25 |
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206 | 206 | | by the director or by the lieutenant governor; 26 |
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207 | 207 | | (C) a statement of the costs to the state of implementing the law 27 |
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208 | 208 | | proposed in an initiative, or of voter approval or rejection of the act that is the 28 |
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209 | 209 | | subject of a referendum; 29 |
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210 | 210 | | (D) a neutral summary of the proposition prepared by the 30 |
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211 | 211 | | Legislative Affairs Agency; 31 34-LS0767\A |
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212 | 212 | | SB0179A -7- SB 179 |
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213 | 213 | | New Text Underlined [DELETED TEXT BRACKETED] |
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214 | 214 | | |
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215 | 215 | | (E) statements submitted that advocate voter approval or 1 |
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216 | 216 | | rejection of the proposition not to exceed 500 words; 2 |
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217 | 217 | | (7) for each bond question, a statement of the scope of each project as 3 |
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218 | 218 | | it appears in the bond authorization; 4 |
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219 | 219 | | (8) a maximum of two pages of material submitted under 5 |
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220 | 220 | | AS 15.58.040 by each political party; 6 |
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221 | 221 | | (9) additional information on voting procedures that the lieutenant 7 |
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222 | 222 | | governor considers necessary; 8 |
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223 | 223 | | (10) for the question whether a constitutional convention shall be 9 |
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224 | 224 | | called, 10 |
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225 | 225 | | (A) a full statement of the question placed on the ballot; 11 |
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226 | 226 | | (B) statements not to exceed 500 words that advocate voter 12 |
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227 | 227 | | approval or rejection of the question; 13 |
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228 | 228 | | (11) under AS 37.13.170, the Alaska permanent fund annual income 14 |
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229 | 229 | | statement and balance sheet for the two fiscal years preceding the publication of the 15 |
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230 | 230 | | election pamphlet; 16 |
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231 | 231 | | (12) under AS 15.10.090, notice of 17 |
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232 | 232 | | (A) the establishment or abolition of a precinct; 18 |
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233 | 233 | | (B) the designation, abolition, or modification of precinct 19 |
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234 | 234 | | boundaries; and 20 |
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235 | 235 | | (C) a change in the location of a polling place; 21 |
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236 | 236 | | (13) the following statement written in bold in a conspicuous location: 22 |
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237 | 237 | | Each candidate may designate the political party or political 23 |
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238 | 238 | | group that the candidate is registered as affiliated with. A candidate's 24 |
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239 | 239 | | political party or political group designation on a ballot does not imply 25 |
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240 | 240 | | that the candidate is nominated or endorsed by the party or political 26 |
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241 | 241 | | group or that the party or group approves of or associates with that 27 |
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242 | 242 | | candidate. 28 |
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243 | 243 | | In each race, you may vote for any candidate listed. If a primary 29 |
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244 | 244 | | election was held for a state office, United States senator, or United 30 |
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245 | 245 | | States representative, the three [FOUR] candidates who received the 31 34-LS0767\A |
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246 | 246 | | SB 179 -8- SB0179A |
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247 | 247 | | New Text Underlined [DELETED TEXT BRACKETED] |
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248 | 248 | | |
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249 | 249 | | most votes for the office in the primary election advanced to the 1 |
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250 | 250 | | general election. However, if one of the three [FOUR] candidates who 2 |
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251 | 251 | | received the most votes for an office at the primary election died, 3 |
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252 | 252 | | withdrew, resigned, was disqualified, or was certified as incapacitated 4 |
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253 | 253 | | 64 days or more before the general election, the candidate who received 5 |
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254 | 254 | | the fourth [FIFTH] most votes for the office advanced to the general 6 |
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255 | 255 | | election. 7 |
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256 | 256 | | At the general election, each candidate will be selected through 8 |
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257 | 257 | | a ranked-choice voting process and the candidate with the greatest 9 |
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258 | 258 | | number of votes will be elected. For a general election, you must rank 10 |
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259 | 259 | | the candidates in the numerical order of your preference, ranking up to 11 |
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260 | 260 | | two [AS MANY] candidates [AS YOU WISH]. Your second [, 12 |
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261 | 261 | | THIRD, AND SUBSEQUENT] ranked choice [CHOICES] will be 13 |
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262 | 262 | | counted only if the candidate you ranked first does not receive enough 14 |
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263 | 263 | | votes to continue on to the next round of counting, so ranking a second 15 |
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264 | 264 | | [, THIRD, OR SUBSEQUENT CHOICE] will not hurt your first-16 |
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265 | 265 | | choice candidate. Your ballot will be counted regardless of whether you 17 |
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266 | 266 | | choose to rank one or [,] two [, OR MORE] candidates for each office, 18 |
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267 | 267 | | but it will not be counted if you assign the same ranking to more than 19 |
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268 | 268 | | one candidate for the same office. 20 |
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269 | 269 | | * Sec. 8. AS 15.58.020(c) is amended to read: 21 |
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270 | 270 | | (c) Notwithstanding (a) of this section, if a pamphlet is prepared and published 22 |
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271 | 271 | | under AS 15.58.010 for a 23 |
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272 | 272 | | (1) primary election, the pamphlet must contain the following 24 |
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273 | 273 | | statement written in bold in a conspicuous location, instead of the statement provided 25 |
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274 | 274 | | by (a)(13) of this section: 26 |
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275 | 275 | | In each race, you may vote for any candidate listed. The three 27 |
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276 | 276 | | [FOUR] candidates who receive the most votes for a state office, 28 |
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277 | 277 | | United States senator, or United States representative will advance to 29 |
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278 | 278 | | the general election. However, if, after the primary election and 64 days 30 |
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279 | 279 | | or more before the general election, one of the three [FOUR] 31 34-LS0767\A |
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280 | 280 | | SB0179A -9- SB 179 |
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281 | 281 | | New Text Underlined [DELETED TEXT BRACKETED] |
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282 | 282 | | |
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283 | 283 | | candidates who received the most votes for an office at the primary 1 |
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284 | 284 | | election dies, withdraws, resigns, is disqualified, or is certified as 2 |
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285 | 285 | | incapacitated, the candidate who received the fourth [FIFTH] most 3 |
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286 | 286 | | votes for the office will advance to the general election. 4 |
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287 | 287 | | Each candidate may designate the political party or political group that the candidate is 5 |
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288 | 288 | | registered as affiliated with. A candidate's political party or political group designation on a 6 |
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289 | 289 | | ballot does not imply that the candidate is nominated or endorsed by the party or group or that 7 |
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290 | 290 | | the party or group approves of or associates with that candidate; 8 |
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291 | 291 | | (2) special primary election, the pamphlet must contain the following 9 |
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292 | 292 | | statement written in bold in a conspicuous location, instead of the statement provided 10 |
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293 | 293 | | by (a)(13) of this section: 11 |
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294 | 294 | | In each race, you may vote for any candidate listed. The three 12 |
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295 | 295 | | [FOUR] candidates who receive the most votes for a state office or 13 |
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296 | 296 | | United States senator will advance to the special election. However, if, 14 |
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297 | 297 | | after the special primary election and 64 days or more before the 15 |
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298 | 298 | | special election, one of the three [FOUR] candidates who received the 16 |
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299 | 299 | | most votes for a state office or United States senator at the primary 17 |
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300 | 300 | | election dies, withdraws, resigns, is disqualified, or is certified as 18 |
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301 | 301 | | incapacitated, the candidate who received the fourth [FIFTH] most 19 |
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302 | 302 | | votes for the office will advance to the general election. Each candidate 20 |
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303 | 303 | | may designate the political party or political group that the candidate is 21 |
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304 | 304 | | registered as affiliated with. A candidate's political party or political 22 |
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305 | 305 | | group designation on a ballot does not imply that the candidate is 23 |
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306 | 306 | | nominated or endorsed by the party or group or that the party or group 24 |
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307 | 307 | | approves of or associates with that candidate. 25 |
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