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SENATE BILL NO. 2
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - FIRST SESSION
BY SENATOR SHOWER
Introduced: 1/18/23
Referred: State Affairs, Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to elections."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 15.10.120(c) is amended to read:
4 (c) An election supervisor shall appoint one nominee of the political party of
5 which the governor is a member [OR POLITICAL GROUP WITH THE LARGEST
6 NUMBER OF REGISTERED VOTERS AT THE TIME OF THE PRECEDING
7 GUBERNATORIAL ELECTION] and one nominee of the political party that
8 received [OR POLITICAL GROUP WITH] the second largest number of votes
9 statewide in [REGISTERED VOTERS AT THE TIME OF] the preceding
10 gubernatorial election. If [HOWEVER, THE ELECTION SUPERVISOR MAY
11 APPOINT A QUALIFIED PERSON REGISTERED AS A MEMBER OF A THIRD
12 POLITICAL PARTY OR POLITICAL GROUP OR AS A NONPARTISAN OR
13 UNDECLARED VOTER IF] a party district committee or state party central
14 committee of the party of which the governor is a member [OR GROUP WITH
15 THE LARGEST NUMBER OF REGISTERED VOTERS] or the party that received
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1 [OR GROUP WITH] the second largest number of votes statewide in [REGISTERED
2 VOTERS AT THE TIME OF] the preceding gubernatorial election fails to present the
3 names prescribed by (b) of this section by April 15 of a regular election year or at least
4 60 days before a special [PRIMARY] election, the election supervisor may appoint
5 any qualified individual registered to vote.
6 * Sec. 2. AS 15.10.170 is amended to read:
7 Sec. 15.10.170. Appointment and privileges of watchers. (a) The precinct
8 party committee, where an organized precinct committee exists, or the party district
9 committee where no organized precinct committee exists, or the state party
10 chairperson where neither a precinct nor a party district committee exists, may appoint
11 one or more persons as watchers in each precinct and counting center for any election.
12 Each candidate not representing a political party may appoint one or more watchers
13 for each precinct or counting center in the candidate's respective district or the state for
14 any election. Any organization or organized group that sponsors or opposes an
15 initiative, referendum, or recall may have one or more persons as watchers at the polls
16 and counting centers after first obtaining authorization from the director. A state party
17 chairperson, a precinct party committee, a party district committee, or a candidate not
18 representing a political party or organization or organized group may not have
19 more than one watcher on duty at a time in any precinct or counting center. A watcher
20 must be a United States citizen. The watcher may be present at a position inside the
21 place of voting or counting that affords a full view of all action of the election officials
22 taken from the time the polls are opened until the ballots are finally counted and the
23 results certified by the election board or the data processing review board. The
24 election board or the data processing review board may require each watcher to
25 present written proof showing appointment by the precinct party committee, the party
26 district committee, the organization or organized group, or the candidate the watcher
27 represents that is signed by the chairperson of the precinct party committee, the
28 party district committee, the state party chairperson, the organization or
29 organized group, or the candidate representing no party.
30 (b) In addition to the watchers appointed under (a) of this section, in a primary
31 election, [OR] special [PRIMARY] election [OR SPECIAL ELECTION] under
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1 AS 15.40.140, or special runoff election under AS 15.40.143, each candidate may
2 appoint one watcher in each precinct and counting center.
3 * Sec. 3. AS 15.13.020(b) is amended to read:
4 (b) The governor shall appoint two members of each of the two political
5 parties whose candidate for governor received the highest number of votes in [OR
6 POLITICAL GROUPS WITH THE LARGEST NUMBER OF REGISTERED
7 VOTERS AT THE TIME OF] the most recent preceding general election at which a
8 governor was elected. The two appointees from each of these two parties [OR
9 GROUPS] shall be chosen from a list of four names to be submitted by the central
10 committee of each party [OR GROUP].
11 * Sec. 4. AS 15.13.020(d) is amended to read:
12 (d) Members of the commission serve staggered terms of five years, or until a
13 successor is appointed and qualifies. The terms of no two members who are members
14 of the same political party [OR POLITICAL GROUP] may expire in consecutive
15 years. A member may not serve more than one term. However, a person appointed to
16 fill the unexpired term of a predecessor may be appointed to a successive full five-year
17 term.
18 * Sec. 5. AS 15.13.074(c) is amended to read:
19 (c) A person or group may not make a contribution
20 (1) to a candidate or an individual who files with the commission the
21 document necessary to permit that individual to incur certain election-related expenses
22 as authorized by AS 15.13.100 when the office is to be filled at a general election
23 before the date that is 18 months before the general election;
24 (2) to a candidate or an individual who files with the commission the
25 document necessary to permit that individual to incur certain election-related expenses
26 as authorized by AS 15.13.100 for an office that is to be filled at a special election or
27 municipal election before the date that is 18 months before the date of the regular
28 municipal election or that is before the date of the proclamation of the special election
29 at which the candidate or individual seeks election to public office; or
30 (3) to any candidate later than the 45th day
31 (A) after the date of the primary [OR SPECIAL PRIMARY]
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1 election if the candidate was on the ballot and was not nominated [CHOSEN
2 TO APPEAR ON THE GENERAL OR SPECIAL ELECTION BALLOT] at
3 the primary [OR SPECIAL PRIMARY] election; or
4 (B) after the date of the general [OR SPECIAL] election, or
5 after the date of a municipal or municipal runoff election.
6 * Sec. 6. AS 15.13.110(f) is amended to read:
7 (f) During the year in which the election is scheduled, each of the following
8 shall file the campaign disclosure reports in the manner and at the times required by
9 this section:
10 (1) a person who, under the regulations adopted by the commission to
11 implement AS 15.13.100, indicates an intention to become a candidate for elective
12 state executive or legislative office;
13 (2) a person who has filed a nominating petition under
14 AS 15.25.141 - 15.25.201 to become a candidate at the general election for elective
15 state executive or legislative office;
16 (3) a person who campaigns as a write-in candidate for elective state
17 executive or legislative office at the general election; and
18 (4) [(3)] a group or nongroup entity that receives contributions or
19 makes expenditures on behalf of or in opposition to a person described in (1) - (3) [(1)
20 OR (2)] of this subsection, except as provided for certain independent expenditures by
21 nongroup entities in AS 15.13.135(a).
22 * Sec. 7. AS 15.13.400(4) is amended to read:
23 (4) "contribution"
24 (A) means a purchase, payment, promise or obligation to pay,
25 loan or loan guarantee, deposit or gift of money, goods, or services for which
26 charge is ordinarily made, and includes the payment by a person other than a
27 candidate or political party, or compensation for the personal services of
28 another person, that is rendered to the candidate or political party, and that is
29 made for the purpose of
30 (i) influencing the nomination or election of a
31 candidate;
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1 (ii) influencing a ballot proposition or question; or
2 (iii) supporting or opposing an initiative proposal
3 application filed with the lieutenant governor under AS 15.45.020;
4 (B) does not include
5 (i) services provided without compensation by
6 individuals volunteering a portion or all of their time on behalf of a
7 political party, candidate, or ballot proposition or question;
8 (ii) ordinary hospitality in a home;
9 (iii) two or fewer mass mailings before each election by
10 each political party describing the party's slate of candidates for
11 [MEMBERS OF THE PARTY RUNNING AS CANDIDATES FOR
12 PUBLIC OFFICE IN THAT] election, which may include photographs,
13 biographies, and information about the party's candidates;
14 (iv) the results of a poll limited to issues and not
15 mentioning any candidate, unless the poll was requested by or designed
16 primarily to benefit the candidate;
17 (v) any communication in the form of a newsletter from
18 a legislator to the legislator's constituents, except a communication
19 expressly advocating the election or defeat of a candidate or a
20 newsletter or material in a newsletter that is clearly only for the private
21 benefit of a legislator or a legislative employee;
22 (vi) a fundraising list provided without compensation
23 by one candidate or political party to a candidate or political party; or
24 (vii) an opportunity to participate in a candidate forum
25 provided to a candidate without compensation to the candidate by
26 another person and for which a candidate is not ordinarily charged;
27 * Sec. 8. AS 15.15.030(5) is amended to read:
28 (5) The names of the candidates and their party designations shall be
29 placed in separate sections on the state general election ballot under the office
30 designation to which they were nominated. The [IF A CANDIDATE IS
31 REGISTERED AS AFFILIATED WITH A POLITICAL PARTY OR POLITICAL
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1 GROUP, THE] party affiliation, if any, shall [MAY] be designated after the name of
2 the candidate [, UPON REQUEST OF THE CANDIDATE. IF A CANDIDATE HAS
3 REQUESTED DESIGNATION AS NONPARTISAN OR UNDECLARED, THAT
4 DESIGNATION SHALL BE PLACED AFTER THE NAME OF THE CANDIDATE.
5 IF A CANDIDATE IS NOT REGISTERED AS AFFILIATED WITH A POLITICAL
6 PARTY OR POLITICAL GROUP AND HAS NOT REQUESTED TO BE
7 DESIGNATED AS NONPARTISAN OR UNDECLARED, THE CANDIDATE
8 SHALL BE DESIGNATED AS UNDECLARED]. The lieutenant governor and the
9 governor shall be included under the same section. Provision shall be made within
10 each section for voting for write-in candidates and candidates not representing a
11 political party [WITHIN EACH SECTION]. Paper ballots for the state general
12 election shall be printed on white paper.
13 * Sec. 9. AS 15.15.360(a) is amended to read:
14 (a) The election board shall count ballots according to the following rules:
15 (1) A voter may mark a ballot only by filling in, making "X" marks,
16 diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or
17 plus signs that are clearly spaced in the oval opposite the name of the candidate,
18 proposition, or question that the voter desires to designate. [IN A GENERAL
19 ELECTION, A VOTER MAY MARK A BALLOT THAT REQUIRES THE VOTER
20 TO VOTE FOR CANDIDATES IN ORDER OF RANKED PREFERENCE BY THE
21 USE OF NUMERALS THAT ARE CLEARLY SPACED IN ONE OF THE OVALS
22 OPPOSITE THE NAME OF THE CANDIDATE THAT THE VOTER DESIRES TO
23 DESIGNATE.]
24 (2) A failure to properly mark a ballot as to one or more candidates
25 does not itself invalidate the entire ballot.
26 (3) If a voter marks fewer names than there are persons to be
27 elected to the office, a vote shall be counted for each candidate properly marked.
28 (4) If a voter marks more names than there are persons to be elected to
29 the office, the votes for candidates for that office may not be counted.
30 (5) [(4)] The mark specified in (1) of this subsection shall be counted
31 only if it is substantially inside the oval provided, or touching the oval so as to indicate
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1 clearly that the voter intended the particular oval to be designated.
2 (6) [(5)] Improper marks on the ballot may not be counted and do not
3 invalidate marks for candidates properly made.
4 (7) [(6)] An erasure or correction invalidates only that section of the
5 ballot in which it appears.
6 (8) [(7)] A vote marked for the candidate for President or Vice-
7 President of the United States is considered and counted as a vote for the election of
8 the presidential electors.
9 [(9) REPEALED
10 (10) REPEALED
11 (11) REPEALED
12 (12) REPEALED]
13 * Sec. 10. AS 15.15.370 is amended to read:
14 Sec. 15.15.370. Completion of ballot count; certificate. When the count of
15 ballots is completed, and in no event later than the day after the election, the election
16 board shall make a certificate in duplicate of the results. The certificate includes the
17 number of votes cast for each candidate, [INCLUDING, FOR A CANDIDATE IN A
18 GENERAL ELECTION, THE NUMBER OF VOTES AT EACH ROUND OF THE
19 RANKED-CHOICE TABULATION PROCESS UNDER AS 15.15.350, THE
20 NUMBER OF VOTES] for and against each proposition, yes or no on each question,
21 and any additional information prescribed by the director. The election board shall,
22 immediately upon completion of the certificate or as soon thereafter as the local mail
23 service permits, send in one sealed package to the director one copy of the certificate
24 and the register. In addition, all ballots properly cast shall be mailed to the director in a
25 separate, sealed package. Both packages, in addition to an address on the outside, shall
26 clearly indicate the precinct from which they come. Each board shall, immediately
27 upon completion of the certification and as soon thereafter as the local mail service
28 permits, send the duplicate certificate to the respective election supervisor. The
29 director may authorize election boards in precincts in those areas o