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).