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SB 93: "An Act relating to absentee voting, voting, and voter registration; establishing a means of registering to vote online; relating to early voting locations at which persons may vote absentee ballots; and providing for an effective date."

00                             SENATE BILL NO. 93                                                                          
01 "An Act relating to absentee voting, voting, and voter registration; establishing a means                               
02 of registering to vote online; relating to early voting locations at which persons may vote                             
03 absentee ballots; and providing for an effective date."                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 15.05.010 is amended to read:                                                                      
06            Sec. 15.05.010. Voter qualification. A person may vote at any election who                                 
07                 (1)  is a citizen of the United States;                                                                 
08                 (2)  is 18 years of age or older;                                                                       
09                 (3)  has been a resident of the state and of the house district in which                                
10       the person seeks to vote for at least 30 days just before the election; and                                       
11                 (4)  has registered [BEFORE THE ELECTION] as required under                                             
12       AS 15.07 and is not registered to vote in another jurisdiction.                                                   
13    * Sec. 2. AS 15.07.050(a) is amended to read:                                                                      
14            (a)  Registration may be made                                                                                
01                 (1)  in person before a registration official or through a voter                                        
02       registration agency;                                                                                              
03                 (2)  by another individual on behalf of the voter if the voter has                                      
04       executed a written general power of attorney or a written special power of attorney                               
05       authorizing that other individual to register the voter;                                                          
06                 (3)  by mail; [OR]                                                                                      
07                 (4)  on the state's Internet website; or                                                            
08                 (5)  by facsimile transmission, scanning, or another method of                                      
09       electronic transmission that the director approves.                                                               
10    * Sec. 3. AS 15.07.055(e) is amended to read:                                                                      
11            (e)  The director shall enter into an agreement with the Department of                                       
12       Administration and the Department of Revenue to match identifying information                                     
13       provided by a voter who initially registers online, by mail, or by facsimile or other                     
14       electronic transmission approved by the director under AS 15.07.050 with existing                                 
15       identification records                                                                                            
16                 (1)  maintained by the administrative component of the Department of                                    
17       Administration that administers motor vehicle and driver's license laws and by the                                
18       administrative component of the Department of Revenue that administers the                                        
19       permanent fund dividend laws; and                                                                                 
20                 (2)  bearing the same identifying number, name, and date of birth                                       
21       provided on the registration.                                                                                     
22    * Sec. 4. AS 15.07.060(a) is amended to read:                                                                      
23            (a)  Each applicant who requests registration or reregistration shall supply the                             
24       following information:                                                                                            
25                 (1)  the applicant's name and sex;                                                                      
26                 (2)  if issued, the applicant's State of Alaska driver's license number or                              
27       State of Alaska identification card number, or the last four digits of the applicant's                            
28       social security number;                                                                                           
29                 (3)  the applicant's date of birth;                                                                     
30                 (4)  the applicant's Alaska residence address;                                                          
31                 (5)  a statement of whether the applicant has previously been registered                                
01       to vote in another jurisdiction, and, if so, the jurisdiction and the address of the                              
02       previous registration;                                                                                            
03                 (6)  a declaration that the applicant will be 18 years of age or older                                  
04       within 90 days after the date of registration;                                                                    
05                 (7)  a declaration that the applicant is a citizen of the United States;                                
06                 (8)  the date of application;                                                                           
07                 (9)  the applicant's signature, electronic signature, or mark;                                      
08                 (10)  any former name under which the applicant was registered to vote                                  
09       in the state;                                                                                                     
10                 (11)  an attestation that the information provided by the applicant in (1)                              
11       - (10) of this subsection is true; and                                                                            
12                 (12)  a certification that the applicant understands that a false statement                             
13       on the application may make the applicant subject to prosecution for a misdemeanor                                
14       under this title or AS 11.                                                                                        
15    * Sec. 5. AS 15.07.060(e) is amended to read:                                                                      
16            (e)  For an applicant requesting initial registration by mail, online, or by                             
17       facsimile or other electronic transmission approved by the director under                                         
18       AS 15.07.050, the director shall verify the information provided in compliance with                               
19       (a)(2) and (3) of this section through state agency records described in                                          
20       AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this                            
21       section because the applicant has not been issued any of the listed numbers, the                                  
22       applicant may instead submit a copy of one of the following forms of identification: a                            
23       driver's license, state identification card, current and valid photo identification, birth                        
24       certificate, passport, or hunting or fishing license.                                                             
25    * Sec. 6. AS 15.07 is amended by adding a new section to read:                                                     
26            Sec. 15.07.062. Registering to vote on state Internet website. The division                                
27       shall provide a means for a person to register or reregister to vote on the state's                               
28       Internet website.                                                                                                 
29    * Sec. 7. AS 15.07.064(b) is amended to read:                                                                      
30            (b)  In determining the sufficiency of the registration information provided by                              
31       the voter in an application to register, the director may consider                                                
01                 (1)  whether the voter is applying in person, online, by facsimile or                               
02       other electronic transmission approved by the director under AS 15.07.050, by                                 
03       mail from a location within the state, or by mail from a location outside the state;                              
04                 (2)  the location, size, or density of the population within the                                        
05       municipality, established village, or geographic area in which the voter claims                                   
06       residence;                                                                                                        
07                 (3)  whether the municipality, established village, or geographic area                                  
08       has been divided into precincts or local or regional election subdivisions;                                       
09                 (4)  whether specific locations within the municipality, established                                    
10       village, or geographic area have been identified by street name, subdivisions, or other                           
11       commonly known official descriptions; or                                                                          
12                 (5)  other circumstances considered significant by the director.                                        
13    * Sec. 8. AS 15.07.070(b) is amended to read:                                                                      
14            (b)  To register online, by mail, or by facsimile, scanning, or other electronic                     
15       transmission approved by the director under AS 15.07.050, the director, the area                                  
16       election supervisor, or a voter registration agency shall furnish, at no cost to the voter,                       
17       forms prepared by the director on which the registration information required under                               
18       AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if that                           
19       person is designated to act on behalf of the voter in a power of attorney, or by a person                         
20       on behalf of the voter if the voter is physically incapacitated. The director may require                         
21       proof of identification of the applicant as required by regulations adopted by the                                
22       director under AS 44.62 (Administrative Procedure Act). Upon receipt and approval of                              
23       the completed registration forms, the director or the election supervisor shall forward                           
24       to the voter an acknowledgment, and the voter's name shall immediately be placed on                               
25       the master register. If the registration is denied, the voter shall immediately be                                
26       informed in writing that registration was denied and the reason for denial. When                                  
27       identifying information has been provided by the voter as required by this chapter, the                           
28       election supervisor shall forward to the voter a registration card.                                               
29    * Sec. 9. AS 15.07.070(c) is amended to read:                                                                      
30            (c)  The names of persons submitting completed registration forms by mail that                               
31       are postmarked at least 30 days before the next election, or submitting completed                                 
01       registration forms online or by facsimile or other electronic transmission approved by                        
02       the director under AS 15.07.050 that are received at least 30 days before the next                                
03       election, shall be placed on the official registration list for that election. If a                               
04       registration form received by mail less than 30 days before an election does not have a                           
05       legible and dated postmark, the name of the person submitting the form shall be placed                            
06       on the official registration list for that election if the form was signed and dated by the                       
07       person at least 30 days before the election and if the form is received by the director or                        
08       election supervisor at least 25 days before the election. The name of a person                                    
09       submitting a completed registration form online, by mail, or by facsimile or other                        
10       electronic transmission that does not meet the applicable requirements of this                                    
11       subsection may not be placed on the official registration list for that election but shall                        
12       be placed on the master register after that election.                                                             
13    * Sec. 10. AS 15.07.070(d) is amended to read:                                                                     
14            (d)  Qualified voters may register in person before a registration official or                               
15       through a voter registration agency at any time throughout the year. A qualified voter                        
16       who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days                                             
17       preceding an election or on the day of an election shall vote a questioned ballot [IS                         
18       NOT ELIGIBLE TO VOTE] at that election. Upon receipt and approval of the                                          
19       registration forms, the director or the election supervisor shall forward to the voter an                         
20       acknowledgment in the form of a registration card, and the voter's name shall                                     
21       immediately be placed on the master register. Names of persons registering 30 or more                             
22       days before an election shall be placed on the official registration list for that election.                      
23    * Sec. 11. AS 15.07.070(f) is amended to read:                                                                     
24            (f)  Incomplete or inaccurate registration forms may not be accepted. A person                               
25       who submitted an incomplete or inaccurate registration form may register by                                       
26       reexecuting and resubmitting a registration form in person, online, by mail, or by                            
27       facsimile or other electronic transmission approved by the director under                                         
28       AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration                              
29       form resubmitted under this subsection.                                                                           
30    * Sec. 12. AS 15.07.130(e) is amended to read:                                                                     
31            (e)  For purposes of (b) and (d) of this section, a voter "appears to vote" if                               
01                 (1)  the voter is present at a polling place or at an early [ABSENTEE]                              
02       voting station designated under AS 15.20.045(b) at a time when the polling place or                           
03       early [ABSENTEE] voting station is operating, for the purpose of casting a vote;                              
04                 (2)  the voter applies to the division to obtain an absentee ballot; or                                 
05                 (3)  in an election conducted by mail under AS 15.20.800, a voter who                                   
06       has not received a ballot by mail makes a timely request to the division for a ballot.                            
07    * Sec. 13. AS 15.20.045 is amended to read:                                                                        
08            Sec. 15.20.045. Designation of absentee voting officials and early voting                                
09       stations for voting absentee ballots. (a) The director or election supervisor may                             
10       designate persons to act as absentee voting officials under AS 15.20.010 - 15.20.220 in                           
11       areas where election supervisors do not have offices. Magistrates may, with the                                   
12       approval of the administrative director of the Alaska Court System, be designated                                 
13       under this section. At least 15 days before the election the director shall supply each                           
14       absentee voting official with appropriate ballots.                                                                
15            (b)  The director may designate by regulation adopted under AS 44.62                                         
16       (Administrative Procedure Act) locations at which early [ABSENTEE] voting stations                            
17       will be operated for persons who vote absentee ballots on or after the 15th day                               
18       before an election up to and including the date of the election. The director shall                               
19       supply these [ABSENTEE] voting stations with absentee ballots for all house districts                     
20       in the state and shall designate absentee voting officials to serve at the [ABSENTEE]                         
21       voting stations. A designation as an early voting station under this subsection                               
22       remains in effect unless                                                                                      
23                 (1)  the location is no longer available for use as an early voting                                 
24       station; or                                                                                                   
25                 (2)  the director determines that the location is no longer                                         
26       appropriate for use as an early voting station and makes that determination                                   
27       available to the public in writing.                                                                           
28            (c)  In a municipality in which the division will not be operating an early                              
29       [ABSENTEE] voting station under this section, the director may designate the                                  
30       municipal clerk as an absentee voting official for the limited purpose of distributing                            
31       absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters'                               
01       representatives under AS 15.20.072. At least 15 days before the election, the director                            
02       shall supply municipal clerks designated under this subsection with absentee ballots.                             
03    * Sec. 14. AS 15.20.050 is amended to read:                                                                        
04            Sec. 15.20.050. Requirement of full public notice. The director shall give full                            
05       public notice of the dates and manner of voting absentee and may select any means of                              
06       communication permitted to be used in giving notice of the date and time of the                                   
07       general election. The director shall give notice under this section of the location of                            
08       early [ABSENTEE] voting stations designated under AS 15.20.045(b) at least 45                             
09       days before each election.                                                                                        
10    * Sec. 15. AS 15.20.061(a) is amended to read:                                                                     
11            (a)  A qualified voter may apply in person for an absentee ballot to the                                     
12       following election officials at the times specified:                                                              
13                 (1)  to an absentee voting official on or after the 15th day before an                                  
14       election up to and including the date of the election;                                                            
15                 (2)  to an election supervisor on or after the 15th day before an election                              
16       up to and including the date of the election;                                                                     
17                 (3)  to an absentee voting official at an early [ABSENTEE] voting                                   
18       station designated under AS 15.20.045(b) on or after the 15th day before an election                              
19       up to and including the date of the election;                                                                     
20                 (4)  to an absentee voting official in the precinct in which no volunteers                              
21       can be located to serve on the election board on or after the 15th day before an election                         
22       up to and including election day.                                                                                 
23    * Sec. 16. AS 15.20.072(b) is amended to read:                                                                     
24            (b)  The voter may, through a representative, request a special needs ballot                                 
25       from the following election officials at the times specified:                                                     
26                 (1)  from an absentee voting official on or after the 15th day before an                                
27       election, up to and including election day;                                                                       
28                 (2)  from an election supervisor on or after the 15th day before an                                     
29       election up to and including election day;                                                                        
30                 (3)  from an absentee voting official at an early [ABSENTEE] voting                                 
31       station designated under AS 15.20.045(b) on or after the 15th day before an election                              
01       up to and including the date of the election; or                                                                  
02                 (4)  from a member of the precinct election board on election day.                                      
03    * Sec. 17. AS 15.20.081 is amended by adding a new subsection to read:                                             
04            (m)  An absentee ballot application must include an option for a qualified voter                             
05       to choose to receive absentee ballots by mail for future regularly scheduled state                                
06       elections. The division may not require a voter who chooses this option to reapply for                            
07       an absentee ballot by mail unless                                                                                 
08                 (1)  the voter has not voted an absentee ballot for a period of four years;                             
09       or                                                                                                                
10                 (2)  the voter's previous absentee ballot sent under this section was                                   
11       returned to the division as undeliverable.                                                                        
12    * Sec. 18. AS 15.80.010 is amended by adding a new paragraph to read:                                              
13                 (46)  "electronic signature" has the meaning given in AS 09.80.190.                                     
14    * Sec. 19. AS 29.20.380(c) is amended to read:                                                                     
15            (c)  The municipal clerk may act as an absentee voting official under                                        
16       AS 15.20.045(c) for the limited purpose of distributing absentee ballots to qualified                             
17       voters or qualified voters' representatives under AS 15.20.072 in a municipality in                               
18       which the division of elections will not be operating an early [ABSENTEE] voting                              
19       station under AS 15.20.045(b).                                                                                
20    * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to                         
21 read:                                                                                                                   
22       TRANSITIONAL PROVISIONS: REGULATIONS. The director of elections may                                               
23 adopt or amend regulations as necessary to implement the changes made by this Act. The                                  
24 regulations take effect under AS 44.62 (Administrative Procedure Act), but not before the                               
25 effective date of the law implemented by the regulations.                                                               
26    * Sec. 21. This Act takes effect January 1, 2016.