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23rd Legislature(2003-2004)

Bill Text 23rd Legislature

00 Enrolled HB 459                                                                                                         
01 Relating to optically scanned and electronically generated ballots and to early voting; and                             
02 providing for an effective date.                                                                                        
03                           _______________                                                                               
04    * Section 1.  AS 15.15.030(13) is amended to read:                                                                 
05                 (13)  The [NOTWITHSTANDING ANY OTHER PROVISION OF                                                   
06       THIS TITLE, THE] director may provide for the optical scanning of ballots                                     
07       [VOTING BY USE OF ELECTRONIC BALLOTING EQUIPMENT OR                                                               
08       OPTICALLY SCANNED BALLOTS] where the requisite equipment is available.  [IF                                       
09       THE DIRECTOR PROVIDES FOR VOTING BY USE OF ELECTRONIC                                                             
10       BALLOTING EQUIPMENT, THE DIRECTOR SHALL PROVIDE ELECTRONIC                                                        
11       BALLOTING EQUIPMENT THAT WOULD ALLOW VOTERS WITH                                                                  
12       DISABILITIES, INCLUDING THOSE WHO ARE BLIND OR VISUALLY                                                           
13       IMPAIRED, TO CAST PRIVATE, INDEPENDENT, AND VERIFIABLE                                                            
14       BALLOTS.]                                                                                                         
01    * Sec. 2.  AS 15.15.030 is amended by adding a new paragraph to read:                                              
02                 (14)  The director may provide for voting by use of electronically                                      
03       generated ballots by a voter who requests to use a machine that produces electronically                           
04       generated ballots.                                                                                                
05    * Sec. 3.  AS 15.15 is amended by adding a new section to read:                                                    
06            Sec. 15.15.032.  Use of electronically generated ballots.  (a)  If the director                            
07       provides for voting by use of electronically generated ballots, the director shall                                
08       provide balloting equipment that would allow voters with disabilities, including those                            
09       who are blind or visually impaired, to cast private, independent, and verifiable ballots.                         
10       The director may not provide for more than one machine that produces electronically                               
11       generated ballots in a precinct or in a regional supervisor's office, except where the                            
12       director determines that additional machines are needed to accommodate the needs of                               
13       individuals with disabilities, including individuals with physical limitations or visual                          
14       impairments.                                                                                                      
15            (b)  Software for voting by use of electronically generated ballots shall be                                 
16       tested and certified under AS 15.20.900.                                                                          
17            (c)  The director shall provide for a paper record of each electronically                                    
18       generated ballot that can be                                                                                      
19                 (1)  reviewed and corrected by the voter at the time the vote is cast; and                              
20                 (2)  used for a recount of the votes cast at an election in which                                       
21       electronically generated ballots were used.                                                                       
22    * Sec. 4.  AS 15.20.064(a) is amended to read:                                                                     
23            (a)  For 15 days before an election and on election day, a [A] qualified voter                           
24       who meets the requirements set out in this section may vote in locations designated                           
25       by the director [EARLY IN THE OFFICE OF AN ELECTION SUPERVISOR ON                                             
26       OR AFTER THE 15TH DAY BEFORE AN ELECTION UP TO AND INCLUDING                                                      
27       ELECTION DAY].                                                                                                    
28    * Sec. 5.  AS 15.20.064(b) is amended to read:                                                                     
29            (b)  The election supervisor or other election official shall issue a ballot to the                          
30       voter upon                                                                                                        
31                 (1)  exhibition of proof of identification as required in AS 15.15.225;                                 
01                 (2)  verification that the voter's residence address appearing on the                                   
02       official registration list is current [AND WITHIN THE ELECTION SUPERVISOR'S                                       
03       JURISDICTION]; and                                                                                                
04                 (3)  the voter's signing the early voting register.                                                     
05    * Sec. 6.  AS 15.60.010 is amended by adding new paragraphs to read:                                               
06                 (38)  "electronically generated ballot" means any ballot other than a                                   
07       paper ballot that is physically marked by the voter using a writing instrument or a                               
08       mechanical device;                                                                                                
09                 (39)  "optically scanned ballot" means a paper ballot designed to be                                    
10       read by an optical scanning machine.                                                                              
11    * Sec. 7.  The uncodified law of the State of Alaska is amended by adding a new section to                         
12 read:                                                                                                                   
13       TRANSITIONAL PROVISIONS.  (a)  Under AS 15.15.032(c), added by sec. 3 of this                                     
14 Act, for ballots cast in elections in 2004 and 2005, the director of elections shall provide for a                      
15 paper record only to the extent technologically feasible, and only to the extent that federal                           
16 matching funds are available for equipment needed to provide a paper record.                                            
17       (b)  To the extent permitted, the director of elections shall expend federal funds                                
18 available to implement the provisions of this Act to obtain the equipment necessary to provide                          
19 a paper record of ballots electronically generated by equipment the state owns on the effective                         
20 date of this Act, before additional machines that produce electronically generated ballots are                          
21 purchased.                                                                                                              
22    * Sec. 8.  This Act takes effect immediately under AS 01.10.070(c).                                                
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