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HOUSE BILL NO. 63
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
Introduced: 1/22/25
Referred: State Affairs, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to regional educational attendance area elections; relating to terms for 1
members of regional school boards; relating to voter residence; relating to voter 2
registration; relating to the i nclusion of voter registration f orms in permanent fund 3
dividend applications; relating to election administration; rel ating to ballot counting; 4
relating to absentee vot ing; relating to ear ly voting; relating to voting by mail; relating 5
to publication of election pamphlets; and relating to confident ial information in voter 6
registration records." 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
* Section 1. AS 14.08.041(b) is amended to read: 9
(b) The qualified voters of the communities receiving educatio nal services in 10
each regional educational attendance area shall elect a regiona l school board of not 11
less than five nor more than eleven members to be elected [FOR THE SAME TERM,] 12
in the same manner [,] and with the same qualifications as a ci ty or borough school 13
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district board under AS 14.12. Th e initial number of regional s chool board members 1
shall be determined by the depar tment in consultation with the local communities in 2
the regional educational attenda nce areas. However, the qualifi ed voters in a regional 3
educational attendance area may increase or decrease the number of regional school 4
board members established under this section by placing the question on the ballot at a 5
regular school board election in the manner prescribed by law. A change in the 6
number of school board members is not effective until the next regular school board 7
election. 8
* Sec. 2. AS 14.08.061(a) is amended to read: 9
(a) Members elected to a region al school board shall serve sta ggered four-10
year [THREE-YEAR] terms. However, 11
(1) the term of office of all of the members of a regional sch ool board 12
elected from the same multi-member section may not expire at the same time; and 13
(2) for the first board elected, the term of office of each me mber shall 14
be determined by lot, according to the following schedule: 15
(A) the members of the first five-member school board shall 16
hold office for terms as follows: three members [ONE MEMBER FOR A 17
O N E - Y E A R T E R M ; T W O ] f o r a t w o - y e a r t e r m a n d t w o f o r a four-year 18
[THREE-YEAR] term; 19
(B) the members of the first seven-member school board hold 20
office for terms as follows: four [TWO] members for a [ONE-YEAR TERM; 21
TWO FOR A] two-year term and three for a four-year [THREE-YEAR] term; 22
(C) the members of the first nine-member school board hold 23
office for terms as follows: five members [ T H R E E ] f o r a [ O N E - Y E A R 24
TERM; THREE FOR A] two-year term and four [ T H R E E ] f o r a four-year 25
[THREE-YEAR] term; 26
(D) the members of the first 11-member school board hold 27
office for terms as follows: six members [THREE FOR A ONE-YEAR 28
TERM, FOUR] for a two-year term and five [FOUR] for a four-year 29
[THREE-YEAR] term. 30
* Sec. 3. AS 14.08.071(b) is amended to read: 31
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(b) Except for the first election of regional school board mem bers under (a) of 1
this section, elections shall be held biennially [ANNUALLY] on the first Tuesday in 2
October in odd numbered years . Elections shall be supervised by the director of 3
elections in the office of the lieutenant governor, but shall b e administered within 4
second class cities as part of t he regular municipal election. The lieutenant governor 5
shall adopt regulations for the conduct of the election of regi onal school board 6
members comparable, as far as practicable, to those prescribed for election of school 7
board members under AS 14.12 and AS 29.20.300 except that the m ajority election 8
requirements of AS 29.26.060 do not apply to, nor may the regul ations require runoff 9
elections for, the first election of regional school board memb ers under (a) of this 10
section or, if a school board by resolution so requests, to sub sequent elections in the 11
regional educational attendance area served by that school board. 12
* Sec. 4. AS 14.08.071(e) is amended to read: 13
(e) The lieutenant governor may provide for the election of an advisory school 14
board established under AS 14.08.115. An election conducted und er this subsection 15
shall be held on the first Tuesday in October in odd numbered years . The lieutenant 16
governor may adopt regulations g overning an election conducted under this 17
subsection. 18
* Sec. 5. AS 15.05.020 is amended to read: 19
Sec. 15.05.020. Rules for determining residence of voter. For the purpose of 20
determining residence for voting, the place of residence is gov erned by the following 21
rules: 22
(1) A person may not be considered to have gained a residence solely 23
by reason of presence nor may a person lose it solely by reason of absence while in the 24
civil or military service of this state or of the United States or of absence because of 25
marriage to a person engaged in the civil or military service o f this state or the United 26
States, while a student at an institution of learning, while in an institution or asylum at 27
public expense, while confined in public prison, while engaged in the navigation of 28
waters of this state or the United States or of the high seas, while residing upon an 29
Indian or military reservation, or while residing in the Alaska Pioneers' Home or the 30
Alaska Veterans' Home. 31
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( 2 ) T h e r e s i d e n c e o f a p e r s o n i s t h a t p l a c e i n w h i c h t h e p e r s on's 1
habitation is fixed [, AND TO WHICH, WHENEVER ABSENT, THE PERSON HAS 2
THE INTENTION TO RETURN]. If a person resides in one place, but does business 3
in another, the former is the person's place of residence. Temp orary work sites do not 4
constitute a dwelling place. 5
(3) A change of residence is made only by the act of removal j oined 6
with the intent to remain in another place. There can only be one residence. 7
(4) A person does not lose reside nce if the person leaves home and 8
goes to another country, state, or place in this state for temp orary purposes only [AND 9
WITH THE INTENT OF RETURNING]. 10
(5) A person does not gain residence in any place to which the person 11
comes without the present intention to establish a permanent dwelling at that place. 12
(6) A person loses residence in this state if the person votes in another 13
state's election, either in person or by absentee ballot, and w ill not be eligible to vote 14
in this state until again qualifying under AS 15.05.010. 15
(7) The term of residence is computed by including the day on which 16
the person's residence begins and excluding the day of election. 17
(8) The address of a voter as it appears on the official voter registration 18
record is presumptive evidence of the person's voting residence . This presumption is 19
negated only if the voter notifies the director in writing of a change of voting 20
residence. 21
* Sec. 6. AS 15.07.050(a) is amended to read: 22
(a) Registration may be made 23
(1) in person before a registra tion official or through a vote r 24
registration agency; 25
(2) by another individual on be half of the voter if the voter has 26
executed a written general power of attorney or a written speci al power of attorney 27
authorizing that other individual to register the voter; 28
(3) by mail; or 29
(4) by facsimile transmission, s canning, or another method of 30
electronic transmission that the director approves [; OR 31
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(5) BY COMPLETING A PERMANENT FUND DIVIDEND 1
APPLICATION UNDER AS 43.23.015]. 2
* Sec. 7. AS 15.07.060(e) is amended to read: 3
(e) For an applicant requesting initial registration by mail, by facsimile or 4
other electronic transmission a pproved by the director under AS 15.07.050, [OR BY 5
COMPLETING A PERMANENT FUND DIVIDEND APPLICATION,] the director 6
shall verify the information provi ded in compliance with (a)(2) and (3) of this section 7
through state agency records described in AS 15.07.055(e). If t he applicant cannot 8
comply with the requirement of (a)(2) of this section because t he applicant has not 9
been issued any of the listed numbers, the applicant may instea d submit a copy of one 10
of the following forms of identification: a driver's license, s tate identification card, 11
current and valid photo identification, birth certificate, pass port, or hunting or fishing 12
license. 13
* Sec. 8. AS 15.07.070(f) is amended to read: 14
(f) Incomplete or inaccurate reg istration forms may not be acc epted. A person 15
who submitted an incomplete or inaccurate registration form may register by 16
reexecuting and resubmitting a registration form in person, by mail, or by facsimile or 17
other electronic transmission a pproved by the director under AS 15.07.050. The 18
requirements of (c) or (d) of this section apply to a registration form resubmitted under 19
this subsection. [NOTWITHSTANDING THE FOREGOING, AN APPLICATION 20
MADE UNDER AS 43.23.015 THAT CONTAINS THE INFORMATION 21
REQUIRED BY AS 15.07.060(a)(1) - (4) AND (7) - (9), AND AN ATTE STATION 22
THAT SUCH INFORMATION IS TRUE, SHALL NOT BE DEEMED AN 23
INCOMPLETE REGISTRATION FORM AND SHALL BE ACCEPTED IN 24
ACCORDANCE WITH AS 15.07.070(i)]. 25
* Sec. 9. AS 15.07.130(a) is amended to read: 26
(a) Periodically, at times of the director's choosing, but no less frequently than 27
in January of each calendar year, the director shall examine th e master register 28
maintained under AS 15.07.120 and shall send, by forwardable 29
[NONFORWARDABLE] mail to the vot er's registration mailing addre ss, a notice 30
requesting address conf irmation or correction . The notice must explain that the 31
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voter's registration will be inactivated unless the voter respo nds to the notice 1
within 45 days after the date the notice is sent. The director shall send the notice 2
to each voter 3
(1) whose mail from the division has been returned to the divi sion in 4
the two years immediately preceding the examination of the register; 5
(2) who has not contacted the division in the two years immedi ately 6
preceding the examination of the register; [OR] 7
(3) who has not voted or appeared to vote in the two general e lections 8
immediately preceding the examination of the register; 9
(4) who became ineligible to receive a permanent fund dividend 10
under AS 43.23.005 in the two years immediately preceding the e xamination of 11
the register; or 12
(5) who received a driver's license in another state in the tw o years 13
immediately preceding the examination of the register. 14
* Sec. 10. AS 15.07.130(b) is amended to read: 15
(b) If a registered voter does not respond to a notice sent under (a) of this 16
section within 45 days after the date the notice is sent, the d irector shall 17
inactivate the vot er's registration [HAS NOT, WITHIN THE PRECEDING FOUR 18
CALENDAR YEARS, CONTACTED THE DIVISION AND HAS NEITHER 19
VOTED NOR APPEARED TO VOTE IN A LOCAL, REGIONAL SCHOOL 20
BOARD, PRIMARY, SPECIAL, OR GENERAL ELECTION DURING THE LAST 21
FOUR CALENDAR YEARS AND A NOTICE SENT TO THE VOTER UNDER (a) 22
OF THIS SECTION WAS RETURNED AS UNDELIVERABLE, THE VOTER 23
SHALL BE ADVISED BY A NOTICE SENT BY FORWARDABLE MAIL TO THE 24
VOTER'S LAST KNOWN ADDRESS THAT REGISTRATION WILL BE 25
INACTIVATED UNLESS THE VOTER RESPONDS TO THE NOTICE NO 26
LATER THAN 45 DAYS AFTER THE DATE OF THE NOTICE SENT UNDER 27
THIS SECTION]. The director shall maintain on the master regist er the name of a 28
voter whose registration is inac tivated. The director shall can cel a voter's inactive 29
registration in accordance with the procedures set out in 52 U.S.C. 20507 [42 U.S.C. 30
1973GG-6] (sec. 8, National Vote r Registration Act of 1993) aft er the second general 31
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election that occurs after the registration becomes inactive if the voter does not contact 1
the division or vote or appear to vote. 2
* Sec. 11. AS 15.15.060(a) is amended to read: 3
(a) Immediately following the appointment of the election boar d, the election 4
supervisor in conjunction with t he election board chair shall s ecure polling places for 5
holding the election, suitable b allot boxes that will assure se curity, and an adequate 6
number of voting booths or screens, national flags, pens, and p encils. At every polling 7
place, at least one voting booth shall be furnished and not les s than one voting booth 8
or screen shall be furnished for each 100 votes or fractional p art of 100 votes cast in 9
the previous election. [AT EVERY POLLING PLACE, AT LEAST ONE-HA LF OF 10
THE VOTING BOOTHS USED SHALL BE NOT LESS THAN SIX FEET IN 11
HEIGHT, ENCLOSED ON THREE SIDES, AND PROVIDED WITH A CURTAIN 12
EXTENDING FROM THE TOP OF THE VOTING BOOTH TO WITHIN 13
APPROXIMATELY 30 INCHES OF THE FLOOR. THE CURTAIN OF THE 14
VOTING BOOTH MUST CONCEAL THE VOTER WHILE VOTING.] The election 15
supervisor and the election board chair may, in an emergency, s ecure an alternate 16
location for a polling place. 17
* Sec. 12. AS 15.15.060(b) is amended to read: 18
(b) To assure administrative ec onomy and to protect the secrec y of the ballot, 19
the director may adopt regulations prescribing 20
(1) the type of polling place for holding the election; 21
(2) the requirements regarding ballot boxes, voting screens, n ational 22
flags, and other supplies; and 23
(3) [SUBJECT TO THE SPECIFICATIONS OF (a) OF THIS 24
SECTION,] the requirements regarding voting booths. 25
* Sec. 13. AS 15.15.380 is amended to read: 26
Sec. 15.15.380. Payment of election board members. The director shall pay 27
each election board member for time spent at election duties, i ncluding the receiving 28
of instructions. Election board c hairpersons and the chairperso n and members of the 29
absentee ballot, questioned ballo t, and state ballot counting r eview boards shall be 30
paid for time spent at their election duties. The director shal l set the compensation to 31
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be paid under this section [BY REGULATION]. 1
* Sec. 14. AS 15.20.030 is amended to read: 2
Sec. 15.20.030. Preparation of ballots, envelopes, and other ma terial. The 3
director shall provide ballots for u s e a s a b s e n te e b a llo ts in all districts. The director 4
shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, 5
and shall provide a postage prepaid and pre-addressed return [AN] envelope with 6
the prescribed voter's certificate on it, in which the secrecy sleeve with ballot enclosed 7
shall be placed. The director shall prescribe the form of and p repare the voter's 8
certificate, envelopes, and other material used in absentee vot ing. The voter's 9
certificate shall include a declar ation, for use when required, that the voter is a 10
qualified voter in all respects, a blank for the voter's signat ure, a certification that the 11
affiant properly executed the marking of the ballot and gave the voter's identity, blanks 12
for the attesting official or witness, and a place for recording the date the envelope was 13
sealed and witnessed. The envelope with the voter's certificate must include a notice 14
that false statements made by the voter or by the attesting off icial or witness on the 15
certificate are punishable by law. 16
* Sec. 15. AS 15.20.064(a) is amended to read: 17
(a) On or after the 15th day before an election and up to five days before 18
the date of the election [FOR 15 DAYS BEFORE AN ELECTION AND ON 19
ELECTION DAY], a qualified voter who meets the requirements set out in this 20
section may vote in locations designated by the director. 21
* Sec. 16. AS 15.20.072 is amended by adding a new subsection to read: 22
(h) The division may not reject a voter's special needs ballot based on an error 23
by an election official or representative on the register under (c) of this section or an 24
error by a representative under (d) of this section. 25
* Sec. 17. AS 15.20.081(e) is amended to read: 26
(e) A [AN ABSENTEE BALLOT MUST BE MARKED ON OR BEFORE 27
THE DATE OF THE ELECTION. EXCEPT AS PROVIDED IN (h) OF THIS 28
SECTION, A] voter who returns an [THE] absentee ballot by mail, whether provided 29
to the voter by mail or by electronic transmission, shall use a mail service at least 30
equal to first class and mail the ballot [NOT LATER THAN THE DA Y OF THE 31
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ELECTION] to the election supervisor for the house district in which the voter seeks 1
to vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is 2
received by the close of business on or before election day [THE 10TH DAY 3
AFTER THE ELECTION. IF THE BALLOT IS POSTMARKED, IT MUST BE 4
POSTMARKED ON OR BEFORE ELECTION DAY. AFTER THE DAY OF THE 5
ELECTION, BALLOTS MAY NOT BE ACCEPTED UNLESS RECEIVED BY 6
MAIL]. 7
* Sec. 18. AS 15.20.170 is amended to read: 8
Sec. 15.20.170. Disposition of ballots. Each absentee voting official shall 9
transmit the dated envelopes containing the marked ballots by t he most expeditious 10
mail service to the election supervisor for the district. In this section, "mail service" 11
includes delivery by optical scanning and electronic transmissi on. [UPON 12
RECEIPT OF THE ABSENTEE BALLOTS THE ELECTION SUPERVISOR 13
SHALL STAMP ON THE ENVELOPE THE DATE ON WHICH THE BALLOT IS 14
RECEIVED.] 15
* Sec. 19. AS 15.20.201(a) is amended to read: 16
(a) No less than 10 [SEVEN] days preceding the day of election, the election 17
supervisor, in the presence and with the assistance of the dist rict absentee ballot 18
counting board, shall review all voter certificates of absentee ballots received by that 19
date. The review of absentee ballots shall continue at times de signated by the election 20
supervisor until completed. 21
* Sec. 20. AS 15.20.220(b) is amended to read: 22
(b) The state review board sha ll review and count absentee bal lots under 23
AS 15.20.081(e) [AND (h)] and questioned ballots that have been f o r w a r d e d t o t h e 24
director and that have not been reviewed or counted by a district counting board. 25
* Sec. 21. AS 15.20.480 is amended to read: 26
Sec. 15.20.480. Procedure for recount. In conducting the recount, the director 27
shall review all ballots, whether the ballots were counted at t he precinct or by 28
computer or by the district absentee counting board or the ques tioned ballot counting 29
board, to determine which ballots, or part of ballots, were pro perly marked and which 30
ballots are to be counted in the recount, and shall check the a ccuracy of the original 31
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count, the precinct certificate, a nd the review. [THE DIRECTOR SHALL COUNT 1
ABSENTEE BALLOTS RECEIVED BEFORE THE COMPLETION OF THE 2
RECOUNT.] For administrative purposes, the director may join an d include two or 3
more applications in a single r eview and count of votes. The ru les in AS 15.15.360 4
governing the counting of ballots shall be followed in the reco unt when a ballot is 5
challenged on the basis of a question regarding the voter's int ent to vote for the 6
candidate, proposition, or questi on. The ballots and other elec tion material must 7
remain in the custody of the director during the recount, and the highest degree of care 8
shall be exercised to protect the ballots against alteration or mutilation. The recount 9
shall be completed within 10 days. The director may employ addi tional personnel 10
necessary to assist in the recount. 11
* Sec. 22. AS 15.20.800(a) is amended to read: 12
(a) The director may conduct an election by mail if it is 13
(1) held at a time other than when t he general, party primary, or 14
municipal election is held; or 15
(2) for a community with a population of 750 or less. 16
* Sec. 23. AS 15.58.010 is amended to read: 17
Sec. 15.58.010. Election pamphlet. Before each state general election, and 18
before each state primary, special, or special primary election at which a ballot 19
proposition is scheduled to appear on the ballot, the lieutenan t governor shall prepare 20
and publish an election pamphlet consistent with AS 15.58.020 [, PUBLISH, AND 21
MAIL AT LEAST ONE ELECTION PAMPHLET TO EACH HOUSEHOLD 22
IDENTIFIED FROM THE OFFICIAL REGISTRATION LIST]. The pamphlet s hall 23
be prepared and published on a regional basis as determined by the lieutenant 24
governor. 25
* Sec. 24. AS 43.23.110(a) is amended to read: 26
(a) Information [ E X C E P T A S P R O V I D E D I N ( c ) O F T H I S S E C T I O N , 27
INFORMATION] on each permanent fund dividend application, except the applicant's 28
name, is confidential. The department may only release informat ion that is 29
confidential under this section 30
(1) to a local, state, or federal government agency; 31
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(2) in compliance with a court order; 1
(3) to the individual who or agency that files an application on behalf 2
of another; 3
(4) to a banking institution to verify the direct deposit of a permanent 4
fund dividend or correct an error in that deposit; 5
(5) as directed to do so by the applicant; 6
(6) to a contractor who has a contract with a person entitled to obtain 7
the information under (1) - (5) of this section to receive, sto re, or manage the 8
information on that person's beha lf; a contractor receiving dat a under this paragraph 9
may only use the data as directed by and for the purposes of th e person entitled to 10
obtain the information; 11
(7) to the division of elections [AS REQUIRED BY AS 43.23.101]. 12
* Sec. 25. AS 15.07.070(i), 15.07.070(j), 15.07.070(k), 15.07.070(l); AS 15.20.081(h); 13
AS 43.23.015(b)(3), 43.23.101, and 43.23.110(c) are repealed. 14
* Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 15
read: 16
TRANSITION. The terms of regional school board members serving on the effective 17
d a t e o f t h i s A c t a r e n o t a f f e c t e d b y t h i s A c t . T h e i r t e r m s e x p ire as provided before the 18
enactment of this Act. 19