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HOUSE BILL NO. 390
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTIETH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE PARISH
Introduced: 2/21/18
Referred: Community and Regional Affairs, State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act establishing a ranked-choice primary election system for nomination to state
2 executive and state and national legislative offices; establishing a ranked-choice general
3 election system for election to state and national legislative offices; repealing the special
4 runoff election for the office of United States senator or United States representative;
5 and requiring certain written notices to appear in election pamphlets and polling
6 places."
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
8 * Section 1. AS 15.10.170(b) is amended to read:
9 (b) In addition to the watchers appointed under (a) of this section, in a primary
10 election or a [,] special election under AS 15.40.140, [OR SPECIAL RUNOFF
11 ELECTION UNDER AS 15.40.141,] each candidate may appoint one watcher in each
12 precinct and counting center.
13 * Sec. 2. AS 15.13.074(c) is amended to read:
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1 (c) A person or group may not make a contribution
2 (1) to a candidate or an individual who files with the commission the
3 document necessary to permit that individual to incur certain election-related expenses
4 as authorized by AS 15.13.100 when the office is to be filled at a general election
5 before the date that is 18 months before the general election;
6 (2) to a candidate or an individual who files with the commission the
7 document necessary to permit that individual to incur certain election-related expenses
8 as authorized by AS 15.13.100 for an office that is to be filled at a special election or
9 municipal election before the date that is 18 months before the date of the regular
10 municipal election or that is before the date of the proclamation of the special election
11 at which the candidate or individual seeks election to public office; or
12 (3) to any candidate later than the 45th day
13 (A) after the date of the primary election if the candidate was
14 [ON THE BALLOT AND WAS] not nominated at the primary election; or
15 (B) after the date of the general or special election, or after the
16 date of a municipal or municipal runoff election.
17 * Sec. 3. AS 15.15.030 is amended by adding new paragraphs to read:
18 (14) The director shall design the primary election ballots so that
19 candidates for the offices of governor and lieutenant governor, for the legislature, and
20 for the United States Congress are selected by ranked-choice voting.
21 (15) The director shall design the general and special election ballots
22 so that candidates for the
23 (A) offices of governor and lieutenant governor are selected by
24 majority vote at a general or special election; and
25 (B) legislature and United States Congress
26 are selected by ranked-choice voting.
27 (16) For those offices for which candidates are selected by ranked-
28 choice voting, the director shall design the ballot to direct the voter to mark candidates
29 in order of preference and to mark as many choices as the voter wishes, but not to
30 assign the same ranking to more than one candidate for the same office.
31 * Sec. 4. AS 15.15.350 is amended by adding new subsections to read:
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1 (c) When counting ballots in a ranked-choice election, the election board shall
2 initially tabulate each validly cast ballot as one vote for the highest-ranked candidate
3 on that ballot or as an exhausted ballot. If a candidate is ranked-highest on more than
4 one-half of the tabulated ballots, that candidate is elected and the tabulation is
5 complete. Otherwise, tabulation proceeds in sequential rounds as follows:
6 (1) if two or fewer continuing candidates remain, the candidate with
7 the largest number of votes is elected and the tabulation is complete; otherwise, the
8 tabulation continues under (2) of this subsection;
9 (2) the candidate with the fewest votes is defeated, and votes cast for
10 the defeated candidate shall cease counting for the defeated candidate and shall be
11 added to the totals of each ballot's next-highest-ranked continuing candidate or
12 considered an exhausted ballot under (e) of this section for that candidate, and a new
13 round begins under (1) of this subsection.
14 (d) When counting ranked-choice election ballots,
15 (1) a ballot assigning the same ranking to more than one candidate for
16 an office shall be declared invalid when the double ranking is reached;
17 (2) if a ballot skips a ranking, then the election board shall count the
18 next ranking; and
19 (3) if there is a tie vote between continuing candidates, the procedures
20 in AS 15.15.460 and AS 15.20.430 - 15.20.530 shall be followed.
21 (e) The election board may not count an exhausted ballot for a continuing
22 candidate if the ballot
23 (1) does not contain a ranking for a continuing candidate;
24 (2) contains an overvote in the highest ranking for a continuing
25 candidate; or
26 (3) contains two or more consecutive skipped rankings before its
27 highest continuing ranking.
28 (f) In this section,
29 (1) "continuing candidate" means a candidate that has not been
30 defeated or nominated at a primary election or elected at a general or special election;
31 (2) "overvote" means the assignment by a voter of the same ranking to
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1 more than one candidate;
2 (3) "ranking" or "ranked" means the number assigned by a voter to a
3 candidate to express the voter's choice for that candidate; a ranking of "1" is the
4 highest ranking, followed by "2," and then "3," and so on;
5 (4) "round" means an instance of the sequence of voting tabulation in a
6 primary or special primary election;
7 (5) "skipped ranking" means a ranking blank on a ballot on which a
8 voter has ranked another candidate at a subsequent ranking.
9 * Sec. 5. AS 15.15.360(a) is amended to read:
10 (a) The election board shall count ballots according to the following rules:
11 (1) A voter may mark a ballot only by filling in, making "X" marks,
12 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or
13 plus signs that are clearly spaced in the oval opposite the name of the candidate,
14 proposition, or question that the voter desires to designate. In an election by ranked-
15 choice voting, a voter may mark a ballot that requires the voter to vote for
16 candidates in order of ranked preference by the use of Roman or Arabic
17 numbers that are clearly spaced in one of the squares opposite the name of the
18 candidate that the voter desires to designate.
19 (2) A failure to properly mark a ballot as to one or more candidates
20 does not itself invalidate the entire ballot.
21 (3) [IF A VOTER MARKS FEWER NAMES THAN THERE ARE
22 PERSONS TO BE ELECTED TO THE OFFICE, A VOTE SHALL BE COUNTED
23 FOR EACH CANDIDATE PROPERLY MARKED.
24 (4)] If a voter marks more than one name each for the offices of
25 governor or lieutenant governor at a general or special election, the voter's votes
26 [NAMES THAN THERE ARE PERSONS TO BE ELECTED TO THE OFFICE,
27 THE VOTES FOR CANDIDATES FOR THAT OFFICE] may not be counted.
28 (4) [(5)] The mark specified in (1) of this subsection shall be counted
29 only if it is substantially inside the oval provided, or touching the oval so as to indicate
30 clearly that the voter intended the particular oval to be designated.
31 (5) [(6)] Improper marks on the ballot may not be counted and do not
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1 invalidate marks for candidates properly made.
2 (6) [(7)] An erasure or correction invalidates only that section of the
3 ballot in which it appears.
4 (7) [(8)] A vote marked for the candidate for President or Vice-
5 President of the United States is considered and counted as a vote for the election of
6 the presidential electors.
7 (9) [REPEALED]
8 (10) [REPEALED]
9 (11) [REPEALED]
10 (12) [REPEALED]
11 * Sec. 6. AS 15.15.370 is amended to read:
12 Sec. 15.15.370. Completion of ballot count; certificate. When the count of
13 ballots is completed, and in no event later than the day after the election, the election
14 board shall make a certificate in duplicate of the results. The certificate includes the
15 number of votes cast for each candidate, including, for a candidate in a ranked-
16 choice election, the number of votes at each round of the ranked-choice
17 tabulation process under AS 15.15.350(c), and the number of votes for and against
18 each proposition, yes or no on each question, and any additional information
19 prescribed by the director. The election board shall, immediately upon completion of
20 the certificate or as soon thereafter as the local mail service permits, send in one sealed
21 package to the director one copy of the certificate and the register. In addition, all
22 ballots properly cast shall be mailed to the director in a separate, sealed package. Both
23 packages, in addition to an address on the outside, shall clearly indicate the precinct
24 from which they come. Each board shall, immediately upon completion of the
25 certification and as soon thereafter as the local mail service permits, send the duplicate
26 certificate to the respective election supervisor. The director may authorize election
27 boards in precincts in those areas of the state where distance and weather make mail
28 communication unreliable to forward their election results by telephone, telegram, or
29 radio. The director may authorize the unofficial totaling of votes on a regional basis by
30 election supervisors, tallying the votes as indicated on duplicate certificates. To
31 ensure [ASSURE] adequate protection, the director shall prescribe the manner in
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1 which the ballots, registers, and all other election records and materials are thereafter
2 preserved, transferred, and destroyed.
3 * Sec. 7. AS 15.15.450 is amended to read:
4 Sec. 15.15.450. Certification of state ballot counting review. Upon
5 completion of the state ballot counting review for a ranked-choice election, the
6 director shall certify the person receiving the largest number of votes for the
7 office as nominated or elected, as applicable. At the general election, the director
8 shall certify the candidates for governor and lieutenant governor [PERSON]
9 receiving the highest [LARGEST] number of votes [FOR THE OFFICE FOR
10 WHICH THAT PERSON WAS A CANDIDATE] as elected to those offices [THAT
11 OFFICE] and shall certify the approval of a justice or judge not rejected by a majority
12 of the voters voting on the question. The director shall issue to the elected candidates
13 and approved justices and judges a certificate of their election or approval. The
14 director shall also certify the results of a proposition and other question except that the
15 lieutenant governor shall certify the results of an initiative, referendum, or
16 constitutional amendment.
17 * Sec. 8. AS 15.20.081(h) is amended to read:
18 (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail
19 from outside the United States or from an overseas voter qualifying under
20 AS 15.05.011 that has been marked and mailed not later than election day may not be
21 counted unless the ballot is received by the election supervisor not later than the close
22 of business on the
23 (1) 10th day following a primary election or special election under
24 AS 15.40.140; or
25 (2) 15th day following a general election [, SPECIAL RUNOFF
26 ELECTION,] or special election, other than a special election described in (1) of this
27 subsection.
28 * Sec. 9. AS 15.20.203(i) is amended to read:
29 (i) The director shall mail the materials described in (h) of this section to the
30 voter not later than
31 (1) 10 days after completion of the review of ballots by the state
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1 review board for a primary election [,] or [FOR] a special election under AS 15.40.140
2 [THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION];
3 (2) 60 days after certification of the results of a general election [,
4 SPECIAL RUNOFF ELECTION,] or special election other than a special election
5 described in (1) of this subsection.
6 * Sec. 10. AS 15.20.203(j) is amended to read:
7 (j) The director shall make available through a free access system to each
8 absentee voter a system to check to see whether the voter's ballot was counted and, if
9 not counted, the reason why the ballot was not counted. The director shall make this
10 information available through the free access system not less than
11 (1) 10 days after certification of the results of a primary election [, OR
12 A SPECIAL ELECTION UNDER AS 15.40.140 THAT IS FOLLOWED BY A
13 SPECIAL RUNOFF ELECTION]; and
14 (2) 30 days after certification of the results of a general or special
15 election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF THIS
16 SUBSECTION].
17 * Sec. 11. AS 15.20.207(i) is amended to read:
18 (i) The director shall mail the materials described in (h) of this section to the
19 voter not later than
20 (1) 10 days after completion of the review of ballots by the state
21 review board for a primary election [, OR FOR A SPECIAL ELECTION UNDER
22 AS 15.40.140 THAT IS FOLLOWED BY A SPECIAL RUNOFF ELECTION];
23 (2) 60 days after certification of the results of a general or special
24 election [, OTHER THAN A SPECIAL ELECTION DESCRIBED IN (1) OF THIS
25 SUBSECTION].
26 * Sec. 12. AS 15.20.207(k) is amended to read:
27 (k) The director shall make available through a free access system to each
28 voter voting a questioned ballot a system to check to see whether the voter's ballot was
29 counted and, if not counted, the reason why the ballot was not counted. The director
30 shall make this information available through the free access system not less than
31 (1) 10 days after certification of the results of a primary election [, OR
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