ABSENTEE BALLOTS

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SENATE BILL NO. 52

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY SENATOR HUGHES

Introduced: 1/24/25
Referred: State Affairs, Finance

A BILL

FOR AN ACT ENTITLED

" A n A c t r e l a t i n g t o t h e d a y o n w h i c h b a l l o t s a r e c o u n t e d i n a n election; relating to 1
absentee voting; and relating to early voting." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 15.15.350(b) is amended to read: 4
(b) Except as provided in AS 15.15.370(b), all ballots shall [ B A L L O T S 5
MAY NOT] be tabulated and counted on or before 11:59 p.m. Alaska [8:00 p.m., 6
LOCAL] time [,] on the day of the election. 7
* Sec. 2. AS 15.15.370 is amended to read: 8
Sec. 15.15.370. Completion of ballot count; ballot delivery; ce rtificate. 9
When the count of ballots is comp leted, and [IN] no [EVENT] lat er than 11:59 p.m. 10
Alaska time on t h e d a y of [AFTER] the election, the election board shall make a 11
certificate in duplicate of the results. However, the director may delay the 12
certificate of the results in order to receive and count ballot s delivered under (b) 13
of this section. The certificate includes the number of votes cast for each can didate, 14
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including, for a candidate in a general election, the number of votes at each round of 1
the ranked-choice tabulation process under AS 15.15.350, the nu mber of votes for and 2
against each proposition, yes or no on each question, and any a dditional information 3
prescribed by the director. The election board shall, immediate ly upon completion of 4
the certificate or as soon thereafter as the local mail service permits, send in one sealed 5
package to the director one copy of the certificate and the reg ister. In addition, all 6
ballots properly cast shall be delivered [MAILED] to the director in a separate, sealed 7
package. Both packages, in addition to an address on the outsid e, shall clearly indicate 8
the precinct from which they come. Each board shall, immediately upon completion of 9
the certification and as soon ther eafter as the local mail serv ice permits, send the 10
duplicate certificate to the respective election supervisor. Th e director may authorize 11
election boards in precincts in those areas of the state where distance and weather 12
make mail communication unreliable to forwa rd their election re sults by telephone or 13
radio. The director may authorize the unofficial totaling of votes on a regional basis by 14
election supervisors, tallying the votes as indicated on duplic ate certificates. To ensure 15
adequate protection, the direct or shall prescribe the manner in w h i c h t h e b a l l o t s , 16
registers, and all other election records and materials are the reafter preserved, 17
transferred, and destroyed. 18
* Sec. 3. AS 15.15.370 is amended by adding a new subsection to read: 19
(b) If ballots that were properly cast in an election are not delivered to the 20
director on the day of the elec tion as a result of weather or a n aircraft mechanical 21
issue, the ballots must be store d in a transparent, secured con tainer in view of a video 22
recording device. The ballots shall be delivered to the director on the first day possible 23
after the weather improves or the aircraft mechanical issue is resolved. 24
* Sec. 4. AS 15.20.064(a) is amended to read: 25
(a) Beginning [FOR] 15 days before an election and ending the Saturday 26
immediately preceding the day of the [ON] election [DAY], a qualified voter who 27
meets the requirements set out in this section may vote in loca tions designated by the 28
director. 29
* Sec. 5. AS 15.20.064(c) is amended to read: 30
(c) After the voter has marked the ballot, the voter shall pla ce the ballot in the 31
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secrecy sleeve and inform the el ection supervisor or other elec tion official. The voter 1
shall deposit the ballot in the ballot box in the presence of t he election supervisor or 2
other election official unless the voter requests the election supervisor or other election 3
official to deposit the ballot on the voter's behalf. Early voting ballots shall be 4
tabulated not later than 11:59 p.m. Alaska [THE TABULATION OF EARLY 5
VOTING BALLOTS MAY NOT BEGIN BEFORE 8:00 p.m. PREVAILING] time on 6
the day of the election [DAY]. 7
* Sec. 6. AS 15.20.081(e) is amended to read: 8
(e) An absentee ballot must be marked on or before the day [DATE] of the 9
election. A [EXCEPT AS PROVIDED IN (h) OF THIS SECTION, A] voter who 10
returns the absentee ballot by mail, whether provided to the vo ter by mail or by 11
electronic transmission, shall use a mail service at least equal to first class and mail the 12
ballot [NOT LATER THAN THE DAY OF THE ELECTION] to the election 13
supervisor for the house district in which the voter seeks to v ote. A [ E X C E P T A S 14
PROVIDED IN AS 15.20.480, THE] ballot may not be counted if [UNLESS] it is 15
received after the day of [BY THE CLOSE OF BUSINESS ON THE 10TH DAY 16
AFTER] the election. If the ballot is postmarked, it must be po stmarked on or before 17
election day. [AFTER THE DAY OF THE ELECTION, BALLOTS MAY NOT B E 18
ACCEPTED UNLESS RECEIVED BY MAIL.] 19
* Sec. 7. AS 15.20.081(h) is amended to read: 20
(h) An [EXCEPT AS PROVIDED IN AS 15.20.480, AN] absentee ballot 21
returned by mail from outside the United States or from an over seas voter qualifying 22
under AS 15.05.011 that has been marked and mailed not later th an election day may 23
not be counted unless the ballot is received by the election supervisor not later than the 24
close of business on the 25
[(1) 10TH] day of the [FOLLOWING A PRIMARY] election [OR 26
SPECIAL PRIMARY ELECTION UNDER AS 15.40.140; OR 27
(2) 15TH DAY FOLLOWING A GENERAL ELECTION OR 28
SPECIAL ELECTION, OTHER THAN A SPECIAL PRIMARY ELECTION 29
DESCRIBED IN (1) OF THIS SUBSECTION]. 30
* Sec. 8. AS 15.20.081(k) is amended to read: 31
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(k) The director shall send an absentee ballot and other voting mat erial to 1
an absent uniformed services voter or an overseas voter 2
(1) at least 60 days before an election if the voter submits a n 3
application to the division at least 60 days before an election; or 4
(2) at least 45 days before an election in [IN] accordance with 52 5
U.S.C. 20302(a)(8)(A) if the voter submits [42 U.S.C. 1973ff-1(a)(8)(A), IF] an 6
application to the division [IS RECEIVED] at least 45 days before an election [AND 7
IS FROM AN ABSENT UNIFORMED SERVICES VOTER OR AN OVERSEAS 8
VOTER, THE DIRECTOR SHALL SEND AN ABSENTEE BALLOT AND OTHER 9
VOTING MATERIAL TO THE APPLICANT NOT LATER THAN 45 DAYS 10
BEFORE THE ELECTION]. 11
* Sec. 9. AS 15.20.201(b) is amended to read: 12
(b) Counting of absentee ballots that have been reviewed shall conclude by 13
11:59 p.m. Alaska [BEGIN AT 8:00 p.m., LOCAL] time [,] on the day of the election 14
at places designated by each election supervisor [AND SHALL CON TINUE UNTIL 15
ALL ABSENTEE BALLOTS REVIEWED AND ELIGIBLE FOR COUNTING 16
HAVE BEEN COUNTED]. The counting teams shall report the count o f absentee 17
ballots to the district absentee ballot counting board. An elec tion supervisor or an 18
election official may not count absentee ballots after 11:59 p.m. Alaska [B E F O RE 19
8:00 p.m., LOCAL] time [,] on the day of the election. [COUNTIN G OF THE 20
ABSENTEE BALLOTS SHALL CONTINUE AT TIMES DESIGNATED BY THE 21
ELECTION SUPERVISOR UNTIL ALL ABSENTEE BALLOTS ARE COUNTED.] 22
* Sec. 10. AS 15.20.201(c) is amended to read: 23
(c) Not later than 11:59 p.m. Alaska time on the [15TH DAY FOLLOWING 24
THE] day of the election, the di strict absentee ballot counting board shall certify the 25
absentee ballot review. 26
* Sec. 11. AS 15.20.203(b) is amended to read: 27
(b) An absentee ballot may not be counted if 28
(1) the voter has failed to properly execute the certificate; 29
(2) an official or the witnesses authorized by law to attest t he voter's 30
certificate fail to execute the certificate, except that an abs entee ballot cast in person 31
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and accepted by an absentee voting official or election supervi sor may be counted 1
despite failure of the absentee voting official or election sup ervisor to properly sign 2
and date the voter's certificate as attesting official as required under AS 15.20.061(c); 3
(3) the ballot is not attested on or before the day [ D A T E ] o f t h e 4
election; 5
(4) the ballot, if postmarked, is not postmarked on or before the day 6
[DATE] of the election; 7
(5) the ballot is received a f t e r t h e d a y o f the e l e c t i o n [ , T H E 8
BALLOT WAS DELIVERED BY A MEANS OTHER THAN MAIL]; or 9
(6) the voter voted 10
(A) in person and is a 11
(i) first-time voter who initially registered by mail or by 12
facsimile or other electronic transmission approved by the dire ctor 13
under AS 15.07.050, has not provided the identification require d by 14
AS 15.15.225(a), was not eligible for waiver of the identificat ion 15
requirement under AS 15.15.225(b), and has not provided the 16
identifiers required in AS 15.07.060(a)(2) and (3) that can be verified 17
through state agency records described in AS 15.07.055(e); or 18
(ii) voter other than one described in (i) of this 19
subparagraph, did not provide i dentification described in 20
AS 15.15.225(a), was not personally known by the election offic ial, 21
and has not provided the iden tifiers required in AS 15.07.060(a)(2) and 22
(3); or 23
(B) by mail or electronic transmissi on, is a first-time voter who 24
initially registered by mail or by facsimile or other electroni c transmission 25
approved by the director under AS 15.07.050 to vote, has not me t the 26
identification requirements set out in AS 15.07.060, and does n ot submit with 27
the ballot a copy of a 28
(i) driver's license, state identification card, current and 29
valid photo identification, birth certificate, passport, or hun ting or 30
fishing license; or 31
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(ii) current utility bill, bank statement, paycheck, 1
government check, or other gover nment document; an item describ ed 2
in this sub-subparagraph must show the name and current address o f 3
the voter. 4
* Sec. 12. AS 15.20.220(b) is amended to read: 5
(b) The state review board sha ll review and count absentee bal lots under 6
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 7
director and that have not been reviewed or counted by a district counting board. 8
* Sec. 13. AS 15.20.480 is amended to read: 9
Sec. 15.20.480. Procedure for recount. In conducting the recount, the director 10
shall review all ballots, whether the ballots were counted at t he precinct or by 11
computer or by the district absentee counting board or the ques tioned ballot counting 12
board, to determine which ballots, or part of ballots, were pro perly marked and which 13
ballots are to be counted in the recount, and shall check the a ccuracy of the original 14
count, the precinct certificate, and the review. The director shall count absentee ballots 15
received on or before the day of the election [COMPLETION OF THE RECOUNT]. 16
For administrative purposes, the director may join and include two or more 17
applications in a single review and count of votes. The rules i n AS 15.15.360 18
governing the counting of ballots shall be followed in the reco unt when a ballot is 19
challenged on the basis of a question regarding the voter's int ent to vote for the 20
candidate, proposition, or questi on. The ballots and other elec tion material must 21
remain in the custody of the director during the recount, and the highest degree of care 22
shall be exercised to protect the ballots against alteration or mutilation. The recount 23
shall be completed within 10 days. The director may employ addi tional personnel 24
necessary to assist in the recount. 25