31-LS1449\M
SENATE BILL NO. 199
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATOR BEGICH
Introduced: 2/19/20
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to elections for state legislative office; and providing for an effective
2 date."
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
4 * Section 1. AS 15.13.110(f) is amended to read:
5 (f) During the year in which the election is scheduled, each of the following
6 shall file the campaign disclosure reports in the manner and at the times required by
7 this section:
8 (1) a person who, under the regulations adopted by the commission to
9 implement AS 15.13.100, indicates an intention to become a candidate for elective
10 state executive or legislative office;
11 (2) a person who has filed a nominating petition under AS 15.25.140 -
12 15.25.200 to become a candidate at the general election for elective state executive
13 [OR LEGISLATIVE] office;
14 (3) a person who campaigns as a write-in candidate for elective state
SB0199A -1- SB 199
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 executive or legislative office at the general election; and
2 (4) a group or nongroup entity that receives contributions or makes
3 expenditures on behalf of or in opposition to a person described in (1) - (3) of this
4 subsection, except as provided for certain independent expenditures by nongroup
5 entities in AS 15.13.135(a).
6 * Sec. 2. AS 15.15.030(5) is amended to read:
7 (5) The names of the candidates [AND THEIR PARTY
8 DESIGNATIONS] shall be placed in separate sections on the state general election
9 ballot under the office designation to which they were nominated. The party
10 affiliation, if any, shall be designated after the name of a [THE] candidate for elective
11 state executive or national legislative office. The lieutenant governor and the
12 governor shall be included under the same section. Provision shall be made for voting
13 for write-in [AND NO-PARTY] candidates within each section and for no-party
14 candidates within sections for elective state executive and national legislative
15 offices. [PAPER BALLOTS FOR THE STATE GENERAL ELECTION SHALL BE
16 PRINTED ON WHITE PAPER.]
17 * Sec. 3. AS 15.15.030 is amended by adding a new paragraph to read:
18 (14) Paper ballots for the state general election shall be printed on
19 white paper.
20 * Sec. 4. AS 15.25.010 is amended by adding a new subsection to read:
21 (c) The director shall prepare and provide a nonpartisan primary election
22 ballot. A voter may, regardless of party affiliation, vote a nonpartisan primary election
23 ballot.
24 * Sec. 5. AS 15.25.014(a) is amended to read:
25 (a) Not later than 5:00 p.m., Alaska time, on September 1 of the calendar year
26 before the calendar year in which a primary election is to be held, a political party
27 shall submit a notice in writing to the director stating whether the party bylaws expand
28 or limit who may participate in the primary election for selection of the party's
29 candidates for elective state executive [AND STATE] and national legislative offices.
30 A copy of the party's bylaws expanding or limiting who may participate in the primary
31 election for selection of the party's candidates, documentation required under (b) of
SB 199 -2- SB0199A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 this section, and other information required by the director [,] must be submitted along
2 with the notice. The notice, bylaws, documentation, and other information required by
3 the director shall be provided by the party's chairperson or another party official
4 designated by the party's bylaws.
5 * Sec. 6. AS 15.25.030(a) is amended to read:
6 (a) A person [MEMBER OF A POLITICAL PARTY] who seeks to become a
7 candidate [OF THE PARTY] in the primary election shall execute and file a
8 declaration of candidacy. The declaration shall be executed under oath before an
9 officer authorized to take acknowledgments and must state in substance
10 (1) the full name of the candidate;
11 (2) the full mailing address of the candidate;
12 (3) if the candidacy is for the office of state senator or state
13 representative, the house or senate district of which the candidate is a resident;
14 (4) the office for which the candidate seeks nomination;
15 (5) if the candidacy is for state executive or national legislative
16 office, the name of the political party of which the person is a candidate for
17 nomination;
18 (6) the full residence address of the candidate, and the date on which
19 residency at that address began;
20 (7) the date of the primary election at which the candidate seeks
21 nomination;
22 (8) the length of residency in the state and in the district of the
23 candidate;
24 (9) that the candidate will meet the specific citizenship requirements of
25 the office for which the person is a candidate;
26 (10) that the candidate is a qualified voter as required by law;
27 (11) that the candidate will meet the specific age requirements of the
28 office for which the person is a candidate; if the candidacy is for the office of state
29 representative, that the candidate will be at least 21 years of age on the first scheduled
30 day of the first regular session of the legislature convened after the election; if the
31 candidacy is for the office of state senator, that the candidate will be at least 25 years
SB0199A -3- SB 199
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 of age on the first scheduled day of the first regular session of the legislature convened
2 after the election; if the candidacy is for the office of governor or lieutenant governor,
3 that the candidate will be at least 30 years of age on the first Monday in December
4 following election or, if the office is to be filled by special election under
5 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the
6 date of certification of the results of the special election; or, for any other office, by
7 the time that the candidate, if elected, is sworn into office;
8 (12) that the candidate requests that the candidate's name be placed on
9 the primary election ballot;
10 (13) that the required fee accompanies the declaration;
11 (14) that the person is not a candidate for any other office to be voted
12 on at the primary or general election and that the person is not a candidate for this
13 office under any other declaration of candidacy or nominating petition;
14 (15) the manner in which the candidate wishes the candidate's name to
15 appear on the ballot; and
16 (16) if the candidacy is for state executive or national legislative
17 office, that the candidate is registered to vote as a member of the political party whose
18 nomination is being sought.
19 * Sec. 7. AS 15.25.056 is amended to read:
20 Sec. 15.25.056. Nomination [BY PARTY PETITION] where incumbent
21 dies or is disqualified or incapacitated. (a) If an unopposed incumbent candidate for
22 renomination for state executive or national legislative office dies, becomes
23 disqualified from holding the office the candidate is seeking, or is certified as being
24 incapacitated between June 1 of the election year and that date which is more than 54
25 days before the date of the primary election, the candidate's place on the ballot may be
26 filled by party petition. The petition shall state that the political party requests the
27 name of the proposed candidate replace that of the incumbent on the primary election
28 ballot and shall be accompanied by a declaration of candidacy from the person named
29 in the petition. The petition must be received by the director not later than 14 days
30 after the death, disqualification, or certification of incapacity of the incumbent or 52
31 days before the primary election date, whichever time is earlier.
SB 199 -4- SB0199A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 (b) The method for certifying an incumbent candidate for nomination for state
2 executive or national legislative office as being incapacitated, the method for
3 selecting the person who is to be named in the party petition, and the method for
4 placing the name of the person selected on the primary nomination ballot are the same
5 as those prescribed in AS 15.25.110 and 15.25.130 relating to filling vacancies of
6 party nominees in a general election.
7 (c) The death, disqualification, or certification of incapacity of the incumbent
8 for state executive or national legislative office within 52 days before or on the
9 primary election date does not affect the counting and review of the ballots. If the
10 result of the counting and review discloses that the candidate, if the candidate had
11 lived, would have been nominated, the candidate shall be declared nominated. The
12 vacancy may be filled by party petition as provided in AS 15.25.110 - 15.25.130.
13 * Sec. 8. AS 15.25.060 is amended to read:
14 Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot.
15 (a) The primary election ballots shall be prepared and distributed by the director in the
16 manner prescribed in this section. The director shall prepare and provide a primary
17 election ballot for each political party that contains all of the candidates of that party
18 for elective state executive [AND STATE] and national legislative offices, the names,
19 without party affiliation, of the candidates for elective state legislative office, and
20 [ALL OF] the ballot titles and propositions required to appear on the ballot at the
21 primary election. The director shall print the ballots on white paper and place the
22 names of all candidates who have properly filed in groups according to offices. The
23 order of the placement of the names for each office shall be as provided for the general
24 election ballot. Blank spaces may not be provided on the ballot for the writing or
25 pasting in of names. The director shall also prepare and print a separate nonpartisan
26 primary election ballot including only the names, without party affiliation, of
27 candidates for elective state legislative office and the ballot titles and propositions
28 required to appear on the ballot.
29 (b) A voter may vote only one primary election ballot. A voter may vote a
30 political party ballot only if the voter is registered as affiliated with that party, is
31 allowed to participate in the party primary under the party's bylaws, or is registered as
SB0199A -5- SB 199
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 nonpartisan or undeclared rather than as affiliated with a particular political party and
2 the party's bylaws do not restrict participation by nonpartisan or undeclared voters in
3 the party's primary. For the purpose of determining which primary election ballot a
4 voter may use, a voter's party affiliation is considered to be the affiliation registered
5 with the director as of the 30th day before the primary election. If a voter changes
6 party affiliation within the 30 days before the primary election, the voter's previous
7 party affiliation shall be used for the determination under this subsection. A voter
8 may, regardless of party affiliation, vote a nonpartisan primary election ballot.
9 (c) If a voter is not voting in person and has requested an absentee ballot or
10 special needs ballot but has not indicated a choice of ballot, the director shall provide
11 the voter with the ballot listing the candidates of the political party or group with
12 which the voter is affiliated, if any, as determined under (b) of this section. If the
13 voter is not affiliated with a political party or group, the director shall provide
14 the voter with a nonpartisan primary election ballot.
15 * Sec. 9. AS 15.25.100 is amended to read:
16 Sec. 15.25.100. Placement of nominees on general election ballot. For state
17 executive and national legislative offices, the [THE] director shall place the name of
18 the candidate receiving the highest number of votes for an office by a political party
19 on the general election ballot. For state legislative offices, the director shall place
20 the names of the two candidates receiving the highest number of votes for an
21 office on the general election ballot.
22 * Sec. 10. AS 15.25.105(a) is amended to read:
23 (a) If a candidate does not appear on the primary election ballot or is not
24 successful in advancing to the general election and wishes to be a candidate in the
25 general election, the candidate may file as a write-in candidate. Votes for a write-in
26 candidate may not be counted unless that candidate has filed a letter of intent with the
27 director stating
28 (1) the full name of the candidate;
29 (2) the full residence address of the candidate and the date on which
30 residency at that address began;
31 (3) the full mailing address of the candidate;
SB 199 -6- SB0199A
New Text Underlined [DELETED TEXT BRACKETED]
 31-LS1449\M
1 (4) if the candidacy is for state executive or national legislative
2 office, the name of the political party or political group of which the candidate is a
3 member, if any;
4 (5) if the candidacy [CANDIDATE] is for the office of state senator
5 or state representative, the house or senate district of which the candidate is a resident;
6 (6) the office that the candidate seeks;
7 (7) the date of the election at which the candidate seeks election;
8 (8) the length of residency in the state and in the house district of the
9 candidate;
10 (9) the name of the candidate as the candidate wishes it to be written
11 on the ballot by the voter;
12 (10) that the candidate meets the specific citizenship requirements of
13 the office for which the person is a candidate;
14 (11) that the candidate will meet the specific age requirements of the
15 office for which the person is a candidate; if the candidacy is for the office of state
16 representative, that the candidate will be at least 21 years of age on the first scheduled
17 day of the first regular session of the legislature convened after the election; if the
18 candidacy is for the office of state senator, that the candidate will be at least 25 years
19 of age on the first scheduled day of the first regular session of the legislature convened
20 after the election; if the candidacy is for the office of governor or lieutenant governor,
21 that the candidate will be at least 30 years of age on the first Monday in December
22 following election or, if the office is to be filled by special election under
23 AS 15.40.230 - 15.40.310, that the candidate will be at least 30 years of age on the
24 date of certification of the results of the special