Alaska eBenchBook

Current as of 2017-2018 legislative session

Title 15. ELECTIONS

Chapter 15.05 QUALIFICATION OF VOTERS

Sec. 15.05.010. Voter qualification. A person may vote at any election who
(1) is a citizen of the United States;
(2) is 18 years of age or older;
(3) has been a resident of the state and of the house district in which the person seeks to vote for at least 30 days just before the election; and
(4) has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction.

Sec. 15.05.011. Qualifications of overseas voters.    (a) A person residing outside the United States may register and vote absentee by qualifying under this section.
(b) Before registering a person under this section, the director shall determine that the person
(1) was domiciled in the state immediately before leaving the United States;
(2) meets the qualifications established in AS 15.05.010(1) and (2);
(3) has not established a domicile in another state, territory, or possession of the United States since leaving this state;
(4) is not registered to vote and has not voted in another state, territory, or possession of the United States since leaving this state;
(5) has a valid passport, card of identity and registration, or other identification issued under the authority of the United States Secretary of State, and identification complying with the requirements of this title.
(c) Lack of a place of abode in the state or lack of intent to return to the state does not disqualify a person who qualifies under (b) of this section.
(d) A person registered under this section may vote in a federal election in this state.
(e) Notwithstanding (b)(1) of this section, a person residing outside the United States may register and vote absentee if
(1) the parent or legal guardian of the person was domiciled in the state immediately before leaving the United States; and
(2) the director determines that the person meets the requirements of (b)(2) – (5) of this section.

Sec. 15.05.012. Voter qualification for presidential election. A person who is otherwise qualified under AS 15.05.010 but who has not been a resident of the house district in which the person seeks to vote for at least 30 days preceding the date of a presidential election is entitled to register and vote for presidential and vice-presidential candidates.

Sec. 15.05.014. Procedures in presidential elections. In accordance with the Voting Rights Act of 1965 (P.L. 89-110; 79 Stat. 437; 42 U.S.C. 1973 et seq.), as amended, the following procedures apply to elections for the office of President and Vice-President of the United States:
(1) registration and absentee voting procedures, except as otherwise provided in this section, shall be identical to the procedures established in this title;
(2) registration of otherwise qualified persons shall be permitted without regard to a durational residency requirement;
(3) if any citizen who is otherwise qualified to vote in the state for president and vice-president has begun residence in another state after the 30th day preceding the election and, for that reason, does not satisfy the registration requirements of that state, that person shall be allowed to vote for president and vice-president either in person in the precinct in which the person resided immediately before removal, or by absentee ballot as provided in AS 15.20.

Sec. 15.05.016. Fee prohibited. [Repealed, Sec. 43 ch 85 SLA 1988].    Repealed or Renumbered

Sec. 15.05.020. Rules for determining residence of voter. For the purpose of determining residence for voting, the place of residence is governed by the following rules:
(1) A person may not be considered to have gained a residence solely by reason of presence nor may a person lose it solely by reason of absence while in the civil or military service of this state or of the United States or of absence because of marriage to a person engaged in the civil or military service of this state or the United States, while a student at an institution of learning, while in an institution or asylum at public expense, while confined in public prison, while engaged in the navigation of waters of this state or the United States or of the high seas, while residing upon an Indian or military reservation, or while residing in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(2) The residence of a person is that place in which the person’s habitation is fixed, and to which, whenever absent, the person has the intention to return. If a person resides in one place, but does business in another, the former is the person’s place of residence. Temporary work sites do not constitute a dwelling place.
(3) A change of residence is made only by the act of removal joined with the intent to remain in another place. There can only be one residence.
(4) A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning.
(5) A person does not gain residence in any place to which the person comes without the present intention to establish a permanent dwelling at that place.
(6) A person loses residence in this state if the person votes in another state’s election, either in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying under AS 15.05.010.
(7) The term of residence is computed by including the day on which the person’s residence begins and excluding the day of election.
(8) The address of a voter as it appears on the official voter registration record is presumptive evidence of the person’s voting residence. This presumption is negated only if the voter notifies the director in writing of a change of voting residence.

Sec. 15.05.030. Loss and restoration of voting rights.    (a) A person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law may not vote in a state, federal, or municipal election from the date of the conviction through the date of the unconditional discharge of the person. Upon the unconditional discharge, the person may register under AS 15.07.
(b) The commissioner of corrections shall establish procedures by which a person unconditionally discharged is advised of the voter registration requirements and procedures.

Sec. 15.05.040. Voter disqualification for unsound mind. [Repealed, Sec. 49 ch 86 SLA 1996].    Repealed or Renumbered

Chapter 15.07 REGISTRATION OF VOTERS

Sec. 15.07.010. Who may vote. The precinct election officials at any election shall allow a person to vote whose name is on the official registration list for that precinct and who is qualified under AS 15.05. A person whose name is not on the official registration list shall be allowed to vote a questioned ballot.

Sec. 15.07.020. Registration as a prerequisite. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.07.030. Who may register.    (a) A person who has the qualifications of a voter as set out in AS 15.05.010(1) – (3) or who will have the qualifications at the succeeding primary or general election is entitled to be registered as a voter in the precinct in which the person resides.
(b) A person qualified under AS 15.05.011 to vote by absentee ballot in a federal election is entitled to be registered as a voter in the house district in which the person resided immediately before departure from the United States.

Sec. 15.07.040. Time for registration. A person who is qualified under AS 15.05.010(1) – (3) is entitled to register at any time throughout the year except that a person under 18 years of age may register at any time within 90 days immediately preceding the person’s 18th birthday.

Sec. 15.07.050. Manner of registration; party affiliation.    (a) Registration may be made
(1) in person before a registration official or through a voter registration agency;
(2) by another individual on behalf of the voter if the voter has executed a written general power of attorney or a written special power of attorney authorizing that other individual to register the voter;
(3) by mail;
(4) by facsimile transmission, scanning, or another method of electronic transmission that the director approves; or
(5) by completing a permanent fund dividend application under AS 43.23.015.
(b) Except as provided in (c) of this section, only the voter or the individual authorized by the voter in a written power of attorney under (a) of this section may mark the voter’s choice of party affiliation on the voter registration application form.
(c) A person may supply a voter registration application form with a political party or group affiliation indicated to a voter only if the voter is already registered as affiliated with the political party or group indicated.

Sec. 15.07.055. Voter registration agencies.    (a) The following agencies are designated voter registration agencies:
(1) the administrative component of the Department of Administration that administers motor vehicle and driver’s license laws;
(2) divisions of the Department of Health and Social Services that provide public assistance through the food stamp program, Medicaid program, Special Supplemental Food Program for Women, Infants, and Children (WIC), and Alaska temporary assistance program;
(3) the division of the Department of Commerce, Community, and Economic Development that is responsible for municipal and regional assistance programs; and
(4) all recruitment offices of the armed forces of the United States located in Alaska.
(b) The director shall designate state-funded agencies that primarily provide services to persons with disabilities as voter registration agencies.
(c) The director may designate other state or local agencies as voter registration agencies. The director may designate a federal or nongovernmental office as a voter registration agency with the agreement of that office.
(d) A voter registration agency shall distribute voter registration materials, assist applicants in completing voter registration forms, and accept and transmit completed voter registration forms to the director in accordance with regulations adopted by the director to comply with 42 U.S.C. 1973gg (National Voter Registration Act of 1993) and other requirements of federal law.
(e) The director shall enter into an agreement with the Department of Administration and the Department of Revenue to match identifying information provided by a voter with existing identification records
(1) maintained by the administrative component of the Department of Administration that administers motor vehicle and driver’s license laws and by the administrative component of the Department of Revenue that administers the permanent fund dividend laws; and
(2) bearing the same identifying number, name, and date of birth provided on the registration.

Sec. 15.07.060. Required registration information.    (a) Each applicant who requests registration or reregistration shall supply the following information:
(1) the applicant’s name and sex;
(2) if issued, the applicant’s State of Alaska driver’s license number or State of Alaska identification card number, or the last four digits of the applicant’s social security number;
(3) the applicant’s date of birth;
(4) the applicant’s Alaska residence address;
(5) a statement of whether the applicant has previously been registered to vote in another jurisdiction, and, if so, the jurisdiction and the address of the previous registration;
(6) a declaration that the applicant will be 18 years of age or older within 90 days after the date of registration;
(7) a declaration that the applicant is a citizen of the United States;
(8) the date of application;
(9) the applicant’s signature or mark;
(10) any former name under which the applicant was registered to vote in the state;
(11) an attestation that the information provided by the applicant in (1) – (10) of this subsection is true; and
(12) a certification that the applicant understands that a false statement on the application may make the applicant subject to prosecution for a misdemeanor under this title or AS 11.
(b) If the applicant has been previously registered to vote in another jurisdiction, the director shall notify the chief elections officer in that jurisdiction that the applicant has registered to vote in Alaska and request that that jurisdiction cancel the applicant’s voter registration there.
(c) Each applicant who requests registration in person before a registration official shall exhibit one form of identification to the official, including a driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license. A registration official who knows the identity of the applicant may waive the identification requirement.
(d) If the applicant requests reregistration, the applicant shall supply under oath any former name under which the applicant was registered to vote in the state.
(e) For an applicant requesting initial registration by mail, by facsimile or other electronic transmission approved by the director under AS 15.07.050, or by completing a permanent fund dividend application, the director shall verify the information provided in compliance with (a)(2) and (3) of this section through state agency records described in AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this section because the applicant has not been issued any of the listed numbers, the applicant may instead submit a copy of one of the following forms of identification: a driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license.
(f) If an applicant who requests registration cannot comply with the requirement of (a)(2) of this section because the applicant has not been issued any of the listed numbers, the division shall assign the applicant a unique identifying number.

Sec. 15.07.064. Information required for voter registration.    (a) A voter requesting registration or reregistration shall provide the director with sufficient information to determine
(1) the location of the residence of the voter within the district;
(2) the precinct in which the voter is qualified to vote;
(3) the other local or regional election jurisdictions in which the voter is eligible to vote.
(b) In determining the sufficiency of the registration information provided by the voter in an application to register, the director may consider
(1) whether the voter is applying in person, by mail from a location within the state, or by mail from a location outside the state;
(2) the location, size, or density of the population within the municipality, established village, or geographic area in which the voter claims residence;
(3) whether the municipality, established village, or geographic area has been divided into precincts or local or regional election subdivisions;
(4) whether specific locations within the municipality, established village, or geographic area have been identified by street name, subdivisions, or other commonly known official descriptions; or
(5) other circumstances considered significant by the director.
(c) A voter requesting registration in a municipality or established village that has been divided into more than one precinct or that includes more than one section of a local or regional election subdivision shall provide the director with information that describes the location of the residence of the voter. In this subsection, the use of a post office box, a postal service center box, a rural route number, general delivery, or other description identified only as a mailing address does not establish the residence of the voter. In addition to the name of the municipality or established village, the voter shall provide the director with information that describes a physical location that may be
(1) a street name, including a number on the street if one exists;
(2) a highway name and mile post number;
(3) a mobile home court and space number;
(4) a boat harbor and slip number;
(5) the name of a subdivision;
(6) the name of a building, institution, military or other reservation for which the location is fixed; or
(7) another descriptive phrase from which the specific physical location of the residence of the voter within the municipality or established village can be determined.
(d) The director is not required to request a voter who claims residence within a municipality or established village to provide the information required under (c) of this section if
(1) the municipality or established village is entirely within a single precinct; and
(2) a local or regional election subdivision is not divided into sections within the boundaries of the municipality or the area of the established village.
(e) The director shall review the information contained within an application by a voter for registration. The director may not reject an application of a voter who qualifies under (d) of this section because the voter provided information in excess of that required to establish qualifications, including excess information qualifying as a mailing address. The director may consider an application for registration within a municipality or established village described in (d) of this section to comply with law based on other information contained in the application, including evidence that
(1) the application was made in person before a voting registrar, election official, or absentee voting official appointed to serve in the municipality or established village;
(2) the application of a voter registering by mail was postmarked by the postal official in the municipality or established village; and
(3) other information contained in the application does not negate the presumption of residency provided under (a) of this section.
(f) A voter who resides in a building, institution, military or other reservation may establish residency for voting purposes by naming that place instead of naming a municipality or established village. In this subsection the use of a post office box, a postal service center box, a rural route number, general delivery, or other description qualifying as a mailing address does not establish the residence of the voter. The director is not required to request a voter who claims residence by naming the building, institution, military or other reservation to provide the information required under (c) of this section if
(1) the physical location of the place named in the application is fixed; and
(2) the place named in the application is contained within the boundaries of a single precinct.
(g) Notwithstanding (a) – (f) of this section, the director may substitute a mailing address provided by the voter for the permanent fund dividend program under AS 43.23 as the mailing address for the voter on the registration records of the director under procedures specified in regulations of the director if necessary to maintain accuracy of voting registration records.
(h) In this section, “established village” means an unincorporated community that is in
(1) the unorganized borough and that has 25 or more permanent residents; or
(2) an organized borough, has 25 or more permanent residents, and
(A) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
(B) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality.

Sec. 15.07.065. Exchange of voter registration information. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.07.070. Procedure for registration.    (a) The director may adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the registration of voters consistent with the requirements of this section and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993).
(b) To register by mail or by facsimile, scanning, or other electronic transmission approved by the director under AS 15.07.050, the director, the area election supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms prepared by the director on which the registration information required under AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if that person is designated to act on behalf of the voter in a power of attorney, or by a person on behalf of the voter if the voter is physically incapacitated. The director may require proof of identification of the applicant as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act). Upon receipt and approval of the completed registration forms, the director or the election supervisor shall forward to the voter an acknowledgment, and the voter’s name shall immediately be placed on the master register. If the registration is denied, the voter shall immediately be informed in writing that registration was denied and the reason for denial. When identifying information has been provided by the voter as required by this chapter, the election supervisor shall forward to the voter a registration card.
(c) The names of persons submitting completed registration forms by mail that are postmarked at least 30 days before the next election, or submitting completed registration forms by facsimile or other electronic transmission approved by the director under AS 15.07.050 that are received at least 30 days before the next election, shall be placed on the official registration list for that election. If a registration form received by mail less than 30 days before an election does not have a legible and dated postmark, the name of the person submitting the form shall be placed on the official registration list for that election if the form was signed and dated by the person at least 30 days before the election and if the form is received by the director or election supervisor at least 25 days before the election. The name of a person submitting a completed registration form by mail or by facsimile or other electronic transmission that does not meet the applicable requirements of this subsection may not be placed on the official registration list for that election but shall be placed on the master register after that election.
(d) Qualified voters may register in person before a registration official or through a voter registration agency at any time throughout the year, except that a person registering within 30 days preceding an election is not eligible to vote at that election. Upon receipt and approval of the registration forms, the director or the election supervisor shall forward to the voter an acknowledgment in the form of a registration card, and the voter’s name shall immediately be placed on the master register. Names of persons registering 30 or more days before an election shall be placed on the official registration list for that election.
(e) [Repealed, Sec. 38 ch 116 SLA 1972].
(f) Incomplete or inaccurate registration forms may not be accepted. A person who submitted an incomplete or inaccurate registration form may register by reexecuting and resubmitting a registration form in person, by mail, or by facsimile or other electronic transmission approved by the director under AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration form resubmitted under this subsection. Notwithstanding the foregoing, an application made under AS 43.23.015 that contains the information required by AS 15.07.060(a)(1) – (4) and (7) – (9), and an attestation that such information is true, shall not be deemed an incomplete registration form and shall be accepted in accordance with AS 15.07.070(i).
(g) The director shall provide voter registration forms prepared under (b) of this section to voter registration agencies designated under AS 15.07.055 for distribution to the public.
(h) The director shall design the form of the voter’s certificate appearing on the envelope that is used for voting an absentee in-person or questioned ballot so that all information required for registration by AS 15.07.060(a) may be obtained from a voter who votes an absentee in-person or questioned ballot. If the voter voting an absentee in-person or questioned ballot has completed all information on the voter registration portion of the absentee in-person or questioned ballot voter’s certificate, the director shall place the name of the voter on the official registration list.
(i) The division shall register voters who submit an application to receive a permanent fund dividend in accordance with (j) – (m) of this section.
(j) The division shall cooperate with the Department of Revenue under AS 43.23.016 to ensure that the permanent fund dividend application form furnished by the Department of Revenue under AS 43.23.015 allows an applicant, a person who is designated in a power of attorney to act on behalf of an applicant, or a person acting on behalf of a physically disabled applicant to submit voter registration information required under AS 15.07.060(a)(1) – (4) and (7) – (9), and an attestation that such information is true. The director may require proof of identification of the applicant, if not already in the Department of Revenue’s possession, as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act).
(k) Upon receipt of the registration information, the director shall, as soon as practicable and in accordance with a schedule established by the director by rule, notify by United States mail and any other means authorized by the director, each applicant not already registered to vote at the address provided in the applicant’s application
(1) of the processes to
(A) decline to be registered as a voter;
(B) maintain an existing voter registration or be newly registered at a valid place of residence not provided in the applicant’s application; and
(C) adopt a political party affiliation; and
(2) that failure to respond to the notification shall constitute the applicant’s consent to cancel any registration to vote in another jurisdiction.
(l) If an applicant does not decline to be registered as a voter within 30 calendar days after the director issues the notification, the application under AS 43.23.015 will constitute a completed registration form. The name of the applicant shall be placed on the master register if the director determines that the person is qualified to vote under AS 15.05.010, and the director shall forward to the applicant a registration card. If registration is denied, the applicant shall immediately be informed in writing that registration was denied and the reason for denial.
(m) Any person who is not eligible to vote and who becomes registered under this provision through human or mechanical error shall not be found on that basis to have had the intent to unlawfully register to vote.

Sec. 15.07.075. Voters unaffiliated with a political party. The director shall consider a voter to be a voter registered as
(1) “nonpartisan” and without a preference for a political party if the voter registers as nonpartisan on a voter registration form;
(2) “undeclared” if the voter
(A) registers as undeclared on a voter registration form;
(B) fails to declare an affiliation with a political group or political party on a voter registration form; or
(C) declares an affiliation with an entity other than a political party or political group on a voter registration form; or
(3) “other” if the voter declares on a voter registration form an affiliation with a political group.

Sec. 15.07.080. Registration officials to serve during the 1968 primary and general election. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.07.081. Registration officials. The director shall appoint one or more registration officials to serve in each precinct polling place in all elections during the hours the polling places are open. An election official appointed under AS 15.10 may also serve as a registration official.

Sec. 15.07.090. Voting after change of name; reregistration; amendment or transfer of registration.    (a) A voter whose name is changed by marriage or court order may vote under the previous name, but a voter who desires to use a new name shall vote a questioned ballot.
(b) A voter shall reregister if the voter’s registration is cancelled as provided in AS 15.07.130. The reregistration is effective for the next election that occurs at least 30 days after the date of reregistration.
(c) The director shall transfer the registration of a voter from one precinct to another within a house district when requested by the voter. The request shall be made 30 or more days before the election day. The director shall transfer the registration of a voter from one house district to another when requested by the voter. The voter must reside in the new house district for at least 30 days in order to vote.
(d) A person who claims to be a registered voter, but for whom no evidence of registration in the precinct can be found, shall be granted the right to vote in the same manner as that of a questioned voter and the ballot shall be treated in the same manner. The ballot shall be considered to be a “questioned ballot” and shall be so designated. The director or the director’s representative shall determine whether the voter is registered in the house district before counting the ballot. A voter who has failed to obtain a transfer as provided in (c) of this section shall vote a “questioned ballot” in the precinct in which the voter resides.

Sec. 15.07.100. Registration officials.    (a) A registration official shall be a qualified state voter and shall take an oath to honestly, faithfully, and promptly perform the duties of the office.
(b) Training for registration officials shall be provided by the director. On the completion of training, the director may require that officials demonstrate their competence by a test or other method.
(c) A registration official serves at the pleasure of the director. Each registration official shall be periodically evaluated by the director based on the completeness of the registration forms, timely filing of registration forms, and the voter registration activity attributed to the registration official.
(d) A registration official shall transmit completed voter registration forms to the election supervisor within five days following completion by the voter.

Sec. 15.07.110. Payment for registration. [Repealed, Sec. 22 ch. 58 SLA 1995].    Repealed or Renumbered

Sec. 15.07.120. Custody of registers. A master register shall at all times remain in the custody of the director. The person who is the area election supervisor shall likewise maintain a register of all voters within the precincts of the area house district that person supervises.

Sec. 15.07.125. Official registration list. The director shall prepare an official registration list for each election consisting of the names of (1) all voters whose registrations are not inactive; and (2) all voters whose names are required to be placed on the list by AS 15.07.070(c) or (d). A list of persons eligible to vote in each precinct at that election shall be prepared from the official registration list.

Sec. 15.07.127. Preparation of master register. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons whose names appear on the master register and their political party affiliation. Subject to the limitations of AS 15.07.195, any person may obtain a copy of the list, or a part of the list, or an electronic format containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director.

Sec. 15.07.130. Voter registration list maintenance.    (a) Periodically, at times of the director’s choosing, but no less frequently than in January of each calendar year, the director shall examine the master register maintained under AS 15.07.120 and shall send, by nonforwardable mail to the voter’s registration mailing address, a notice requesting address confirmation or correction to each voter
(1) whose mail from the division has been returned to the division in the two years immediately preceding the examination of the register;
(2) who has not contacted the division in the two years immediately preceding the examination of the register; or
(3) who has not voted or appeared to vote in the two general elections immediately preceding the examination of the register.
(b) If a registered voter has not, within the preceding four calendar years, contacted the division and has neither voted nor appeared to vote in a local, regional school board, primary, special, or general election during the last four calendar years and a notice sent to the voter under (a) of this section was returned as undeliverable, the voter shall be advised by a notice sent by forwardable mail to the voter’s last known address that registration will be inactivated unless the voter responds to the notice no later than 45 days after the date of the notice sent under this section. The director shall maintain on the master register the name of a voter whose registration is inactivated. The director shall cancel a voter’s inactive registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, National Voter Registration Act of 1993) after the second general election that occurs after the registration becomes inactive if the voter does not contact the division or vote or appear to vote.
(c) The director shall obtain from the bureau of vital statistics a certified list of all residents over 18 years of age who have died or who have been presumptively declared dead. Promptly after receipt of each list, but, in any event, at least once each month, the director shall cancel the registration of all deceased voters.
(d) The notice sent under (b) of this section must include a postage prepaid and pre-addressed return card on which the voter may state the voter’s current address. The notice must indicate
(1) that the voter should return the card not later than 45 days after the date of the notice if the voter did not change residence;
(2) that failure to return the card by the 45-day deadline could result in removal of the voter’s name from the official registration list for a subsequent election;
(3) that the voter’s registration will be cancelled if the voter does not contact the division during, or vote or appear to vote in an election held during, the period beginning on the date of the notice and ending on the day after the last day of the fourth calendar year that occurs after the date of notice; and
(4) how the voter can continue to be eligible to vote if the voter has changed residence.
(e) For purposes of (b) and (d) of this section, a voter “appears to vote” if
(1) the voter is present at a polling place or at an absentee voting station at a time when the polling place or absentee voting station is operating, for the purpose of casting a vote;
(2) the voter applies to the division to obtain an absentee ballot; or
(3) in an election conducted by mail under AS 15.20.800, a voter who has not received a ballot by mail makes a timely request to the division for a ballot.
(f) For the purpose of this section, a voter “contacts” the division if the voter notifies the division of a change of address, responds to a notice sent under this section, signs a petition for a ballot measure, requests a new voter registration card, or otherwise communicates with the division other than to vote or register to vote.

Sec. 15.07.135. Cancellation of registration of convicted persons.    (a) The director shall make reasonable efforts to obtain the names of persons convicted of a felony involving moral turpitude. Promptly after receipt of evidence satisfactory to the director that a person has been convicted of a felony involving moral turpitude, the director shall cancel the registration of the person.
(b) Upon presenting proof that a person whose registration was canceled under (a) of this section has been unconditionally discharged from custody, the person may register. The director shall make reasonable efforts to verify the unconditional discharge of persons applying for registration under this subsection.

Sec. 15.07.137. Voting information from municipalities. Within 60 days after each election held in a municipality, the municipal clerk shall certify and send to the director the official registration list containing the names, residence addresses, and voter identification numbers of all persons voting in each precinct in that election. The names of the persons who voted in the municipal election shall be indicated on the official registration list sent to the director by the municipal clerk.

Sec. 15.07.140. General administrative supervision by director. The director shall provide general administrative supervision over the registration and reregistration of voters. The director shall, no later than 120 days before any general election, arrange to have the list of registered voters in a usable electronic format provided free of charge to each political party. Upon request by the mayor or manager of a municipality, the director shall furnish registration information for all precincts all or part of which are within the boundaries of the local government unit.

Sec. 15.07.150. Appeals from denial of registration. When a person is refused registration by a registration official, the official shall at the time of the refusal give to the registration applicant, in writing, the reason or reasons for the refusal. The person shall have the right to an immediate appeal to the area election supervisor, which appeal may be taken informally, and either verbally or in writing. When a voter is refused registration by an area election supervisor the action shall be reviewed by the superior court of the judicial district; the area election supervisor shall file a petition with the superior court for a judicial determination. If the petition is filed within 45 days before the date of a statewide election, the petition shall be given precedence over other matters pending before the court.

Sec. 15.07.160. Unlawful action.    (a) Except as provided in AS 15.07.135, a registration official may not refuse to register a person who is qualified to vote under provisions of AS 15.05.010(1) – (3).
(b) A person knowingly lacking the qualifications of a voter may not register under AS 15.07.030 to vote.
(c) [Repealed, Sec. 231 ch 100 SLA 1980].

Sec. 15.07.170. False statements. [Repealed, Sec. 49 ch 86 SLA 1996].    Repealed or Renumbered

Sec. 15.07.180. Fees prohibited. A registration official may not accept a fee from an applicant applying for registration.

Sec. 15.07.190. Violation of AS 15.07.180. A person who violates AS 15.07.180 is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $1,000, or by both.

Sec. 15.07.195. Certain information in voter registration records confidential.    (a) The following information set out in state voter registration records is confidential and is not open to public inspection:
(1) the voter’s age or date of birth;
(2) the voter’s social security number, or any part of that number;
(3) the voter’s driver’s license number;
(4) the voter’s voter identification number;
(5) the voter’s place of birth;
(6) the voter’s signature.
(b) In addition to the information in (a) of this section, a voter may elect in writing to keep the voter’s residential address confidential and not open to public inspection if the voter provides a separate mailing address. However, notwithstanding an election under this subsection, a voter’s residential address may be disclosed to
(1) a watcher appointed under AS 15.10.170 and, in the case of a watcher appointed by an organization or group sponsoring or opposing an initiative, referendum, or recall group, authorized by the director;
(2) an observer of a recount provided under AS 15.20.440(b) by a candidate, political party, or organized group having a direct interest in the recount; or
(3) the subject of a recall election if the voter voted in the recall election.
(c) Notwithstanding other provisions, and in compliance with federal law, information made confidential by this section may be released by the division
(1) to a local, state, or federal government agency, including to the child support services agency created in AS 25.27.010 or the child support enforcement agency of another state; the agency receiving information under this paragraph may use the information only for governmental purposes authorized under law;
(2) in compliance with a court order;
(3) to a person holding a writ of execution against the person or property of the voter;
(4) if the voter about whom information has been requested has provided written consent to the release; or
(5) to another state or an organized group of states for the purpose of ensuring the accuracy of the state’s voter registration list prepared under AS 15.07.125 and the eligibility of persons on the list to vote in state elections, if the other state or organized group of states maintains the confidentiality of the information using information security management policies and procedures that comply with
(A) the information security standards of the International Organization for Standardization; or
(B) a published information security standard used by the state and approved by the Department of Administration.
(d) Nothing in this section shall prohibit the release of a voter’s voter ascension number if that information may be released under other provisions of law.

Sec. 15.07.200. Registration supervision. The registration program is under the supervision of the director in accordance with AS 15.10.105.

Chapter 15.10 ELECTION PRECINCTS, ELECTION OFFICIALS, AND REDISTRICTING

Article 01. ELECTION PRECINCTS AND OFFICIALS Sec. 15.10.010. Precinct boundaries initially established. The state is divided into the election precincts as established for the general election of October 1958, or as subsequently amended as prescribed by law, and shall remain so divided until the precinct boundaries are modified, or the precinct is abolished or a precinct is established as required by the provisions of this title.

Sec. 15.10.020. Precinct boundaries and polling places modified by director.    (a) The director shall have the exclusive power to modify the boundary of a precinct and to establish or abolish a precinct and polling place in the state by regulations adopted under AS 44.62 (Administrative Procedure Act).
(b) [Repealed, Sec. 61 ch 2 FSSLA 2005].

Sec. 15.10.030. Uniform precinct boundaries required for state and local elections. The precinct boundaries established by the director shall be the boundaries for both state and local elections. The director by regulation adopted under AS 44.62 (Administrative Procedure Act) may authorize the combining, consolidation, or altering of precinct boundaries for local elections.

Sec. 15.10.040. Restriction on precinct boundary modification. A precinct may not include territory lying within more than one house district. Whenever practicable, precinct boundaries shall conform to municipal boundaries.

Sec. 15.10.050. General duty and standard for precinct boundary modification. The director shall modify the boundary of a precinct, and shall establish or abolish a precinct if the action serves the convenience of the voters and assures the efficient administration of election laws.

Sec. 15.10.060. Specific duty and standard for precinct boundary modification. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.10.070. Precinct boundary identification. Each precinct shall be given an appropriate name or number and be clearly defined so the boundaries can be readily determined.

Sec. 15.10.080. Dates for designating precinct boundary. The director shall designate boundaries of an election precinct which has been established or modified, not later than 40 days before an election.

Sec. 15.10.090. Notice of precinct boundary or polling place designation and modification. The director shall give full public notice if a precinct is established or abolished, if the boundaries of a precinct are designated, abolished, or modified, or if the location of a polling place is changed. Public notice must include
(1) whenever possible, sending written notice of the change to each affected registered voter in the precinct;
(2) providing notice of the change
(A) by publication once in a local newspaper of general circulation in the precinct; or
(B) if there is not a local newspaper of general circulation in the precinct, by posting written notice in three conspicuous places as close to the precinct as possible; at least one posting location must be in the precinct;
(3) posting notice of the change on the Internet website of the division of elections;
(4) providing notification of the change to the appropriate municipal clerks, community councils, tribal groups, Native villages, and village regional corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement Act); and
(5) inclusion in the official election pamphlet.

Sec. 15.10.100. Judicial review of precinct boundary. Any person aggrieved by a determination of precinct boundaries by the director may bring a civil action to have the determination reviewed in the superior court. If the action receives final determination within 40 days before the election, the director may not make the required modification in precinct boundaries until immediately after the election.

Sec. 15.10.105. Division of elections; personnel rules.    (a) The division of elections is created. The lieutenant governor shall control and supervise the division of elections. The lieutenant governor shall appoint a director of elections. The director shall act for the lieutenant governor in the supervision of central and regional election offices, the hiring, performance evaluation, promotion, termination, and all other matters relating to the employment and training of election personnel, and the administration of all state elections as well as those municipal elections that the state is required to conduct. The director is responsible for the coordination of state responsibilities under 42 U.S.C. 1973gg (National Voter Registration Act of 1993). The director serves at the pleasure of the lieutenant governor.
(b) It is essential that the nonpartisan nature, integrity, credibility, and impartiality of the administration of elections be maintained. To that end,
(1) the director of elections, the election supervisors appointed under AS 15.10.110, and the full-time members of the director’s staff
(A) may not join, support or otherwise participate in a partisan political organization, faction, or activity, including but not limited to the making of political contributions; and
(B) may not hold or campaign for elective office, be an officer of a political party or member or officer of a political committee, permit their name to be used, or make any contributions, in support of or in opposition to a candidate or a ballot proposition or question, participate in any way in a national, state, or local election campaign, or lobby or employ or assist a lobbyist;
(2) the full-time employees of the division of elections, except for the director of elections and the elections supervisors appointed under AS 15.10.110, are subject to the personnel rules adopted under the authority of AS 39.25.150(7), (15), and (16); and
(3) the director of elections, the election supervisors appointed under AS 15.10.110, and the full-time members of the director’s staff may, notwithstanding (1) of this subsection, express private opinion, register as to political party, and vote.

Sec. 15.10.107. Staff training. The director shall, before each primary election in even-numbered years, provide for a comprehensive training program for election officials, both the full-time members of the staff of the division of elections and those who are appointed as members of election boards under AS 15.10.120 – 15.10.140 and other temporary election employees. The director shall prepare and, not later than March 1, file with the lieutenant governor a plan that describes the comprehensive training program for election officials to be provided to those officials during that calendar year.

Sec. 15.10.108. Youth vote ambassador program.    (a) The youth vote ambassador program is established in the division of elections.
(b) In order to serve as a member of the youth vote ambassador program, an individual must
(1) be a student age 16 or older
(A) enrolled in a public or private high school program in this state; or
(B) being educated in the student’s home by a parent or legal guardian in this state under AS 14.30.010(b)(12);
(2) volunteer to serve in the youth vote ambassador program and be appointed to the youth vote ambassador program by the director of elections; and
(3) if appointed, agree to complete a program of training as determined by the director of elections.
(c) An election supervisor may appoint a member of the youth vote ambassador program to serve on a precinct election board appointed under AS 15.10.120. A program member who is appointed to serve on an election board under this subsection serves under the supervision of the chairperson for that board.
(d) A member of the program who is appointed under (c) of this section is compensated as provided in AS 15.15.380 only for service on the election board of the precinct.
(e) A member of the program may provide unpaid volunteer services related to education and outreach on state elections as directed by, and under the supervision of, the director of elections.
(f) In this section, “program” means the youth vote ambassador program.

Sec. 15.10.110. Appointment of election supervisors. The director shall appoint election supervisors, including one in each of the municipalities of Juneau, Anchorage, Fairbanks, and Nome, to assist in the administration of elections in the house districts designated by the director. The director may appoint as an election supervisor a person who is a qualified voter in the area over which the person has jurisdiction and who meets the applicable requirements of AS 15.10.105(b). An election supervisor is entitled to receive compensation in an amount that is comparable to that received for similar state employment as determined by the director.

Sec. 15.10.120. Appointment of election board.    (a) An election supervisor shall appoint in each precinct within the election supervisor’s district an election board composed of at least three qualified voters registered to vote in that precinct. If the election supervisor is unable to locate three qualified individuals registered to vote in that precinct who are willing and able to serve on the election board, the election supervisor may appoint any qualified individual registered to vote in the house district in which the precinct is located. If the election supervisor is unable to locate three qualified individuals registered to vote in the precinct or in the district who are willing and able to serve on the election board, the election supervisor may appoint any qualified individual registered to vote in this state. In addition to the three qualified voters registered to vote in the precinct, district, or state, an election supervisor may also appoint not more than two members of the youth vote ambassador program established in AS 15.10.108 to serve on a precinct election board.
(b) On or before April 15 in each regular election year, or at least 60 days before a special election, a party district committee or state party central committee of each political party may nominate two candidates for each election board. Nominations shall be presented in writing to the election supervisor for the district in which the precinct is located.
(c) An election supervisor shall appoint one nominee of the political party of which the governor is a member and one nominee of the political party that received the second largest number of votes statewide in the preceding gubernatorial election. If a party district committee or state party central committee of the party of which the governor is a member or the party that received the second largest number of votes statewide in the preceding gubernatorial election fails to present the names prescribed by (b) of this section by April 15 of a regular election year or at least 60 days before a special election, the election supervisor may appoint any qualified individual registered to vote.
(d) An election supervisor shall appoint a chairperson for each election board within the election supervisor’s district.
(e) When appointments to the election board have been accepted by the respective appointees, the election supervisor shall notify the director of the names and mailing addresses of the designated chairperson and other election board officials.
(f) For a municipal election in which voters cast ballots at polling places in their precincts, election boards shall be appointed by the appropriate municipality.

Sec. 15.10.125. Appointment of additional election boards. In each precinct having 200 or more voters additional election boards may be appointed.

Sec. 15.10.130. Appointment of clerks. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.10.140. Appointment of counters. The chairperson of the election board may appoint a team of counters to assist with the counting of the ballots in each precinct where the election supervisor considers it necessary. The appointments may be made from among the qualified voters in the precincts in which they reside, and may be made at any time before the completion of the precinct count. There shall be four counters on each counting team, no more than two of whom may be of the same political party.

Sec. 15.10.150. Appointment of nominees for judges and clerks. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.10.160. Date and notice of appointment of election board. [Repealed, Sec. 9 ch 136 SLA 1966].    Repealed or Renumbered

Sec. 15.10.170. Appointment and privileges of watchers.    (a) The precinct party committee, where an organized precinct committee exists, or the party district committee where no organized precinct committee exists, or the state party chairperson where neither a precinct nor a party district committee exists, may appoint one or more persons as watchers in each precinct and counting center for any election. Each candidate not representing a political party may appoint one or more watchers for each precinct or counting center in the candidate’s respective district or the state for any election. Any organization or organized group that sponsors or opposes an initiative, referendum, or recall may have one or more persons as watchers at the polls and counting centers after first obtaining authorization from the director. A state party chairperson, a precinct party committee, a party district committee, or a candidate not representing a political party or organization or organized group may not have more than one watcher on duty at a time in any precinct or counting center. A watcher must be a United States citizen. The watcher may be present at a position inside the place of voting or counting that affords a full view of all action of the election officials taken from the time the polls are opened until the ballots are finally counted and the results certified by the election board or the data processing review board. The election board or the data processing review board may require each watcher to present written proof showing appointment by the precinct party committee, the party district committee, the organization or organized group, or the candidate the watcher represents that is signed by the chairperson of the precinct party committee, the party district committee, the state party chairperson, the organization or organized group, or the candidate representing no party.
(b) In addition to the watchers appointed under (a) of this section, in a primary election, special election under AS 15.40.140, or special runoff election under AS 15.40.141, each candidate may appoint one watcher in each precinct and counting center.

Sec. 15.10.180. Appointment of state ballot counting review board. The director shall appoint two persons from the political party of which the governor is a member and two persons from the political party that received the second largest number of votes statewide in the preceding gubernatorial election to participate in the state ballot counting review. The director may appoint additional individuals to participate in the state ballot counting review. Appointees must be United States citizens. Each political party may present to the director a list of three or more names from which the director shall select the persons to represent the party. The list of names may be submitted in writing at least 30 days before the date of the election. The list of names shall be certified by the state chairperson of the political party or by the person authorized by the party bylaws to act in the absence of the chairperson.

Article 02. CENSUS AND POPULATION Sec. 15.10.200. Definition of “decennial census of the United States” and use of census numbers by redistricting board.    (a) In art. VI, Constitution of the State of Alaska, reference to the official decennial census of the United States is a reference to the census enumeration used to establish apportionment among the several states.
(b) In adopting a redistricting plan under art. VI, Constitution of the State of Alaska, the redistricting board may not adjust the census numbers by using estimates, population surveys, or sampling for the purpose of excluding or discriminating among persons counted based on race, religion, color, national origin, sex, age, occupation, military or civilian status, or length of residency.
(c) A qualified voter may bring an action in the superior court against the redistricting board to enforce the provisions of (b) of this section.

Sec. 15.10.210. Expenditures for population surveys or sampling prohibited. An expenditure of public funds may not be made for a population survey or sampling conducted for purposes of redistricting the legislature without an express appropriation by the legislature for that purpose.

Sec. 15.10.220. Voting Rights Act review and legal representation.    (a) The independent legal counsel for the Redistricting Board provided for in art. VI, sec. 9, Constitution of the State of Alaska, shall
(1) submit the board’s redistricting plan for preclearance to the United States Department of Justice or the United States District Court for the District of Columbia under 42 U.S.C. 1973c; and
(2) defend the plan and board in all matters concerning redistricting until a final plan for redistricting and a proclamation of redistricting have been adopted and all challenges to them brought under art. VI, sec. 11, Constitution of the State of Alaska, have been resolved after final remand or affirmation; the board shall have sole discretion to enter a settlement agreement and control litigation strategy that affects the final proclamation issued under art. VI, sec. 10, Constitution of the State of Alaska.
(b) Nothing in this section denies or creates standing in the governor, the legislature, or another person to be a party to the proceedings described in subsection (a).

Article 03. REDISTRICTING Sec. 15.10.300. Preparation for legislative redistricting.    (a) There is created as an independent agency of the state the Redistricting Planning Committee. The committee shall be composed of five members. One member shall be appointed by the president of the senate, one member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the chief justice of the Alaska Supreme Court, and two members shall be appointed by the governor.
(b) Four members of the committee constitute a quorum to transact business. Meetings of the committee are subject to AS 44.62.310.
(c) The committee may make necessary preparations and arrangements for the Redistricting Board provided for in art. VI, sec. 8, Constitution of the State of Alaska. The committee may arrange for office space for the board and its staff before the convening of the board, including the leasing of appropriate facilities and office equipment.
(d) The committee may compile or contract for the compilation of information necessary for the Redistricting Board to begin its work, including
(1) paper maps or a computer data base received from the United States Bureau of the Census describing all units of census geography;
(2) a computer data base of election and voter registration information from the division of elections to assist the Redistricting Board in determining compliance with 42 U.S.C. 1973-1973l (Voting Rights Act of 1965, as amended) and other statutory and constitutional requirements;
(3) information indicating the location of cultural, economic, geographic, demographic, and trade area factors in the state; and
(4) information or analysis of state and federal court decisions concerning reapportionment.
(e) The committee shall develop and issue a request for competitive sealed proposals to procure a computerized system that uses census data and maps to prepare plans for state senate and house districts in conformity with statutory and constitutional criteria and within applicable time constraints. The committee may award a contract for the acquisition of computer software and hardware and for the provision of computer services to the responsible and responsive offeror whose proposal is determined to be the most advantageous to the state, taking into consideration price and evaluation factors set out in the request for proposals. The computer system must be developed so that it is available for use by the Redistricting Board immediately upon the board’s convening.
(f) The committee may seek assistance as necessary from the legislative council, the Department of Administration, the Department of Labor and Workforce Development, the Department of Law, and the division of elections.
(g) In the event that the committee is determined to be unlawful, the legislative council shall assume the committee’s responsibilities and perform its duties as described in this section.
(h) In this section, “committee” means the Redistricting Planning Committee.

Chapter 15.13 STATE ELECTION CAMPAIGNS

Sec. 15.13.010. Applicability.    (a) This chapter applies
(1) in every election for governor, lieutenant governor, a member of the state legislature, a delegate to a constitutional convention, or judge seeking judicial retention;
(2) to every candidate for election to a municipal office in a municipality with a population of more than 1,000 inhabitants according to the latest United States census figures or estimates of population certified as correct for administrative purposes by the Department of Commerce, Community, and Economic Development unless the municipality has exempted itself from the provisions of this chapter; a municipality may exempt its elected municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800(20), or a special municipality-wide election called for that purpose, votes to exempt its elected municipal officers from the requirements of this chapter; the question of exemption from the requirements of this chapter may be submitted by the governing body by ordinance or by initiative election.
(b) Except as otherwise provided, this chapter applies to contributions, expenditures, and communications made for the purpose of influencing the outcome of a ballot proposition or question as well as those made to influence the nomination or election of a candidate.
(c) This chapter does not prohibit a municipality from regulating by ordinance election campaign contributions and expenditures in municipal elections, or from regulating those campaign contributions and expenditures more strictly than provided in this chapter.
(d) This chapter does not limit the authority of a person to make contributions to influence the outcome of a voter proposition submitted to the public for a vote at a municipal election. In this subsection, in addition to its meaning under AS 15.13.065(c), “proposition” means a municipal reclassification, proposal to adopt or amend a home rule charter, a unification proposal, a boundary change proposal, or the approval of an ordinance when approval by public vote is a requirement for the ordinance.

Sec. 15.13.011. Inapplicability to presidential primary. [Repealed, Sec. 1 ch 2 SLA 1984].    Repealed or Renumbered

Sec. 15.13.020. Alaska Public Offices Commission.    (a) There is created in the Department of Administration the Alaska Public Offices Commission consisting of five members. The governor shall appoint all members of the commission in the manner prescribed in (b) and (c) of this section, subject to confirmation by a majority of the legislature meeting in joint session.
(b) The governor shall appoint two members of each of the two political parties whose candidate for governor received the highest number of votes in the most recent preceding general election at which a governor was elected. The two appointees from each of these two parties shall be chosen from a list of four names to be submitted by the central committee of each party.
(c) The four members selected under (b) of this section shall, by a majority vote, nominate to the governor an individual to serve as the fifth member of the commission. The governor shall either appoint the nominee to the commission, or shall reject the nominee and request those four members to nominate another individual to serve as the fifth member of the commission.
(d) Members of the commission serve staggered terms of five years, or until a successor is appointed and qualifies. The terms of no two members who are members of the same political party may expire in consecutive years. A member may not serve more than one term. However, a person appointed to fill the unexpired term of a predecessor may be appointed to a successive full five-year term.
(e) A member of the commission, during tenure, may not
(1) hold or campaign for elective office;
(2) be an officer of a political party, political committee, or group;
(3) permit the member’s name to be used, or make any contributions whatsoever, in support of or in opposition to a candidate or proposition or question that appears on any ballot in the state including but not limited to that of a municipality; however, contributions may be made to a candidate for the office of President of the United States;
(4) participate in any way in an election campaign or participate in or contribute to any political party; or
(5) lobby, employ or assist a lobbyist.
(f) Members of the commission shall receive compensation of $50 a day while attending commission meetings and shall be entitled to travel expenses and per diem authorized by law for members of other boards and commissions.
(g) The members shall elect a chairperson. Three members of the commission constitute a quorum. A vacancy does not impair the powers of the remaining members to exercise all of the powers of the commission.
(h) A vacancy on the commission shall be filled through the appropriate appointing method for the position within 30 days after the occurrence of the vacancy. Except as provided in AS 39.05.080(4), the appointee shall serve for the remaining term of the appointee’s predecessor.
(i) The commission may employ an executive director and other employees it considers necessary. Neither the executive director nor an employee may have a vote.
(j) The commission shall establish an office, which may be called a regional office, in each senate district in the state to keep on file for public inspection copies of all reports filed with the commission by candidates for statewide office and by candidates for legislative office in that district; however, where one municipality contains more than one house district, only one commission office shall be established in that municipality. The regional office shall make all forms and pertinent material available to candidates. All reports shall be filed by candidates, groups, and individuals directly with the commission’s central district office. The commission shall ensure that copies of all reports by statewide and legislative candidates in each senate district are forwarded promptly to that district or regional office.
(k) The commission shall ensure that copies of reports filed by candidates for municipal office are made available for public inspection in the appropriate municipality.

Sec. 15.13.030. Duties of the commission. The commission shall
(1) develop and provide all forms for the reports and statements required to be made under this chapter, AS 24.45, and AS 39.50;
(2) prepare and publish a manual setting out uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter and otherwise assist all persons in complying with the requirements of this chapter;
(3) receive and hold open for public inspection reports and statements required to be made under this chapter and, upon request, furnish copies at cost to interested persons;
(4) compile and maintain a current list of all filed reports and statements;
(5) prepare a summary of each report filed under AS 15.13.110 and make copies of this summary available to interested persons at their actual cost;
(6) notify, by registered or certified mail, all persons who are delinquent in filing reports and statements required to be made under this chapter;
(7) examine, investigate, and compare all reports, statements, and actions required by this chapter, AS 24.45, and AS 39.50;
(8) prepare and publish a biennial report concerning the activities of the commission, the effectiveness of this chapter, its enforcement by the attorney general’s office, and recommendations and proposals for change; the commission shall notify the legislature that the report is available;
(9) adopt regulations necessary to implement and clarify the provisions of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 (Administrative Procedure Act); and
(10) consider a written request for an advisory opinion concerning the application of this chapter, AS 24.45, AS 24.60.200 – 24.60.260, or AS 39.50.

Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported.    (a) Except as provided in (g) and (l) of this section, each candidate shall make a full report, upon a form prescribed by the commission,
(1) listing
(A) the date and amount of all expenditures made by the candidate;
(B) the total amount of all contributions, including all funds contributed by the candidate;
(C) the name, address, date, and amount contributed by each contributor; and
(D) for contributions in excess of $50 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and
(2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer.
(b) Each group shall make a full report upon a form prescribed by the commission, listing
(1) the name and address of each officer and director;
(2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, “contributor” means the true source of the funds, property, or services being contributed; and
(3) the date and amount of all contributions made by it and all expenditures made, incurred, or authorized by it.
(c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group’s treasurer.
(d) Every person making an independent expenditure shall make a full report of expenditures made and contributions received, upon a form prescribed by the commission, unless exempt from reporting.
(e) Each person required to report under (d) of this section shall file a full report in accordance with AS 15.13.110(h) on a form prescribed by the commission. The report must contain
(1) the name, address, principal occupation, and employer of the individual filing the report;
(2) an itemized list of all expenditures made, incurred, or authorized by the person;
(3) the name of the candidate or the title of the ballot proposition or question supported or opposed by each expenditure and whether the expenditure is made to support or oppose the candidate or ballot proposition or question;
(4) the name and address of each officer and director, when applicable;
(5) the aggregate amount of all contributions made to the person, if any, for the purpose of influencing the outcome of an election; for all contributions, the date of the contribution and amount contributed by each contributor; and, for a contributor
(A) who is an individual, the name and address of the contributor and, for contributions in excess of $50 in the aggregate during a calendar year, the name, address, principal occupation, and employer of the contributor; or
(B) that is not an individual, the name and address of the contributor and the name and address of each officer and director of the contributor.
(f) During each year in which an election occurs, all businesses, persons, or groups that furnish any of the following services, facilities, or supplies to a candidate or group shall maintain a record of each transaction: newspapers, radio, television, advertising, advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation or management, media production or preparation, or computer services. Records of provision of services, facilities, or supplies shall be available for inspection by the commission.
(g) The provisions of (a) and (l) of this section do not apply to a delegate to a constitutional convention, a judge seeking judicial retention, or a candidate for election to a municipal office under AS 15.13.010, if that delegate, judge, or candidate
(1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seeking election to office, including both the primary and general elections;
(2) accepts contributions totaling not more than $5,000 in seeking election to office, including both the primary and general elections; and
(3) makes expenditures totaling not more than $5,000 in seeking election to office, including both the primary and general elections.
(h) The provisions of (d) of this section do not apply to one or more expenditures made by an individual acting independently of any other person if the expenditures
(1) cumulatively do not exceed $500 during a calendar year; and
(2) are made only for billboards, signs, or printed material concerning a ballot proposition as that term is defined by AS 15.13.065(c).
(i) The permission of the owner of real or personal property to post political signs, including bumper stickers, or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter unless the owner customarily charges a fee or receives payment for that activity. The fact that the owner customarily charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political signs.
(j) Except as provided in (l) of this section, each nongroup entity shall make a full report in accordance with AS 15.13.110 upon a form prescribed by the commission and certified by the nongroup entity’s treasurer, listing
(1) the name and address of each officer and director of the nongroup entity;
(2) the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election;
(3) for all contributions described in (2) of this subsection, the name, address, date, and amount contributed by each contributor and, for all contributions described in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and
(4) the date and amount of all contributions made by the nongroup entity, and, except as provided for certain independent expenditures in AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500.
(k) Every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of influencing the outcome of a proposition, and every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of filing an initiative proposal application under AS 15.45.020 or that has filed an initiative proposal application under AS 15.45.020, shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made. The report must include the name, address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that group by that individual, person, nongroup entity, or group during the calendar year.
(l) Notwithstanding (a), (b), and (j) of this section, for any fund-raising activity in which contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or nongroup entity shall report contributions and expenditures and supplying of services under this subsection as follows:
(1) a report under this subsection must
(A) describe the fund-raising activity;
(B) include the number of persons making contributions and the total proceeds from the activity;
(C) report all contributions made for the fund-raising activity that do not exceed $50 a person in amount or value; if a contribution for the fund-raising activity exceeds $50, the contribution shall be reported under (a), (b), and (j) of this section;
(2) for purposes of this subsection,
(A) “contribution” means a cash donation, a purchase such as the purchase of a ticket, the purchase of goods or services offered for sale at a fund-raising activity, or a donation of goods or services for the fund-raising activity;
(B) “fund-raising activity” means an activity, event, or sale of goods undertaken by a candidate, group, or nongroup entity in which contributions are $50 a person or less in amount or value.
(m) Information required under this chapter shall be submitted to the commission electronically, except that the following information may be submitted in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission:
(1) information submitted by
(A) a candidate for election to a borough or city office of mayor, membership on a borough assembly, city council, or school board, or any state office, who
(i) meets the requirements of (g)(1) – (3) of this section; or
(ii) does not have reasonable access to the technology necessary to file electronically; in this sub-subparagraph, a candidate is considered not to have reasonable access to the technology necessary to file electronically if the candidate does not own a personal computer or does not have broadband Internet access at the candidate’s residence; in this sub-subparagraph, “broadband Internet access” means high-speed Internet access that is always on and that is faster than traditional dial-up access; or
(B) a candidate for municipal office for a municipality with a population of less than 15,000; in this subparagraph, “municipal office” means the office of an elected borough or city
(i) mayor; or
(ii) assembly, council, or school board member;
(2) any information if the commission determines that circumstances warrant an exception to the electronic submission requirement.
(n) The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page.
(o) Information required by this chapter that is submitted to the commission on paper and not electronically shall be electronically scanned and published on the Internet by the commission, in a format accessible to the general public, within two working days after the commission receives the information.
(p) Notwithstanding the requirement in (a) of this section that a candidate shall make a full report upon a form prescribed by the commission, the commission shall accept information submitted electronically by a candidate if the information is
(1) entered onto a version of a form accessed on the Internet website of the commission; or
(2) in the form of an electronic spreadsheet or data file that contains field names and data types that conform to a standard defined by the commission.
(q) For purposes of (b), (e), and (j) of this section, “contributor” means the true source of the funds, property, or services being contributed.
(r) For purposes of (e) of this section,
(1) “director” means a member of the board of directors of a corporation or any person performing a similar function with respect to any organization;
(2) “officer” means a president, vice-president, secretary, treasurer, principal financial officer, or comptroller of a corporation, or any person routinely performing functions similar to those of a president, vice-president, secretary, treasurer, principal financial officer, or comptroller with respect to any organization.

Sec. 15.13.045. Investigations, hearings.    (a) The commission may issue subpoenas, administer oaths, hold hearings, and conduct investigations.
(b) In conjunction with (a) of this section, the commission may compel the attendance of witnesses and production of papers, books, records, accounts, documents, and testimony, and may have the deposition of witnesses taken in a manner prescribed by court rule or law for the taking of depositions in civil actions when consistent with the powers and duties assigned to the commission by this chapter.
(c) The commission may examine the papers, books, records, accounts, and documents of any person subject to this chapter to ascertain the correctness of a report filed with the commission, or in conjunction with an investigation or inspection conducted under (a) of this section.
(d) Subpoenas may be issued and shall be served in the manner prescribed by AS 44.62.430 and court rule. The failure, refusal, or neglect to obey a subpoena is punishable as contempt in the manner prescribed by law or court rule. The superior court may compel obedience to the commission’s subpoena in the same manner as prescribed for obedience to a subpoena issued by the court.

Sec. 15.13.050. Registration before expenditure.    (a) Before making an expenditure in support of or in opposition to a candidate or before making an expenditure in support of or in opposition to a ballot proposition or question or to an initiative proposal application filed with the lieutenant governor under AS 15.45.020, each person other than an individual shall register, on forms provided by the commission, with the commission.
(b) If a group intends to support only one candidate or to contribute to or expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the candidate shall be a part of the name of the group. If the group intends to oppose only one candidate or to contribute its funds in opposition to or make expenditures in opposition to a candidate, the group’s name must clearly state that it opposes that candidate by using a word such as “opposes,” “opposing,” “in opposition to,” or “against” in the group’s name. Promptly upon receiving the registration, the commission shall notify the candidate of the group’s organization and intent. A candidate may register more than one group to support the candidate; however, multiple groups controlled by a single candidate shall be treated as a single group for purposes of the contribution limit in AS 15.13.070(b)(1).
(c) If a group intends to make more than 50 percent of its contributions or expenditures in support of or in opposition to a single initiative on the ballot, the title or common name of the initiative must be a part of the name of the group. If the group intends to make more than 50 percent of its contributions or expenditures in opposition to a single initiative on the ballot, the group’s name must clearly state that the group opposes that initiative by using a word such as “opposes,” “opposing,” “in opposition to,” or “against” in the group’s name.

Sec. 15.13.052. Independent expenditures; political activities accounts.    (a) Before making an independent expenditure in support of or in opposition to a candidate or before making an independent expenditure in support of or in opposition to a ballot proposition or question, each person other than an individual, candidate, or nongroup entity with an annual operating budget of $250 or less shall establish a political activities account. The political activities account may be a separate account in the person’s general treasury. The political activities account must be administered using generally accepted accounting principles. All funds used by the person to make independent expenditures must be drawn from the person’s political activities account.
(b) Records necessary to substantiate that the requirements of (a) of this section have been met must be made available for inspection by the commission.
(c) Each person who has established a political activities account under this section shall preserve all records necessary to substantiate the person’s compliance with the requirements of this section for each of the six preceding years.

Sec. 15.13.060. Campaign treasurers.    (a) Each candidate and group shall appoint a campaign treasurer who is responsible for receiving, holding, and disbursing all contributions and expenditures, and for filing all reports and statements required by law. A candidate may be a campaign treasurer.
(b) Each group shall file the name and address of its campaign treasurer with the commission at the time it registers with the commission under AS 15.13.050.
(c) Each candidate for state office shall file the name and address of the campaign treasurer with the commission, or submit, in writing, the name and address of the campaign treasurer to the director for filing with the commission, no later than 15 days after the date of filing the declaration of candidacy or the nominating petition. Each candidate for municipal office shall file the name and address of the campaign treasurer with the commission no later than seven days after the date of filing the declaration of candidacy or the nominating petition. If the candidate does not designate a campaign treasurer, the candidate is the campaign treasurer.
(d) In the case of the death, resignation, or removal of a campaign treasurer, the candidate shall appoint a successor as soon as practicable and file the successor’s name and address with the commission within 48 hours of the appointment. The candidate is disqualified if found to have been in wilful violation of this subsection.
(e) A campaign treasurer may appoint as many deputy campaign treasurers as necessary. The candidate shall file the names and addresses of the deputy campaign treasurers with the commission.
(f) The candidate is responsible for the performance of the campaign treasurer, and any default or violation by the treasurer also shall be considered a default or violation by the candidate if the candidate knew or had reason to know of the default or violation.

Sec. 15.13.065. Contributions.    (a) Individuals, groups, nongroup entities, and political parties may make contributions to a candidate. An individual, group, or nongroup entity may make a contribution to a group, to a nongroup entity, or to a political party.
(b) A political party may contribute to a subordinate unit of the political party, and a subordinate unit of a political party may contribute to the political party of which it is a subordinate unit.
(c) Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of AS 15.13.050, 15.13.060, and 15.13.112 – 15.13.114, the provisions of AS 15.13.010 – 15.13.116 do not apply to limit the authority of a person to make contributions to influence the outcome of a ballot proposition. In this subsection, in addition to its meaning in AS 15.80.010, “proposition” includes
(1) an issue placed on a ballot to determine whether
(A) a constitutional convention shall be called;
(B) a debt shall be contracted;
(C) an advisory question shall be approved or rejected; or
(D) a municipality shall be incorporated;
(2) an initiative proposal application filed with the lieutenant governor under AS 15.45.020.

Sec. 15.13.067. Who may make expenditures. Only the following may make an expenditure that is not an independent expenditure in an election for candidates for elective office:
(1) the candidate;
(2) an individual;
(3) a group that has registered under AS 15.13.050; and
(4) a nongroup entity that has registered under AS 15.13.050.

Sec. 15.13.068. Expenditures and contributions by foreign-influenced corporations and foreign nationals.

(a) A foreign-influenced corporation or foreign national may not, directly or indirectly, in connection with an election under this chapter, make a contribution or expenditure or make an express or implied promise to make a contribution or expenditure.
(b) The provisions of this section prohibit a foreign-influenced corporation or foreign national from making a contribution or expenditure in connection with a state election only to the extent
(1) federal law prohibits the foreign-influenced corporation or foreign national from making a contribution or expenditure in connection with a state election; and
(2) permitted by federal law.
(c) In this section,
(1) “corporation” means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity;
(2) “covered expenditure” means an independent expenditure, electioneering expenditure, or express communication, but does not include a media communication, membership communication, shareholder communication, or expenditure as defined in AS 15.13.400;
(3) “election” means any state or local election, including a special or runoff election;
(4) “electioneering expenditure” means a purchase or transfer of, or a promise or agreement to purchase or transfer, money or a thing of value to enable or facilitate the broadcast or other distribution of a communication that
(A) clearly refers to a candidate for an election under (B) of this paragraph;
(B) occurs in a 60-day period immediately preceding a general, special, or runoff election or within the 30 days preceding a primary or preference election, or a convention or caucus of a political party legally permitted to nominate a candidate for an election under this chapter; and
(C) may be received by 500 or more persons in the jurisdiction the candidate seeks to represent;
(5) “foreign-influenced corporation” means a corporation for which
(A) a foreign national or foreign owner holds, owns, controls, or has direct or indirect beneficial ownership of equity or voting shares in an amount equal to or greater than five percent of all corporate voting shares outstanding or all corporate equity;
(B) two or more foreign nationals or foreign owners combined hold, own, control, or have direct or indirect beneficial ownership of equity or voting shares in an amount equal to or greater than 20 percent of all corporate voting shares outstanding or all corporate equity; or
(C) a foreign national or foreign owner participates directly or indirectly in decisions relating to covered expenditures or contributions;
(6) “foreign national” means
(A)  an individual who is not a United States citizen or lawfully admitted for permanent residence under 8 U.S.C. 1101(a)(20);
(B) a foreign government, every political subdivision of a foreign government, every official, agent, or representative of a foreign government, and every agency, corporation, or instrumentality of the foreign government or of a political subdivision of a foreign government;
(C)  a person outside of the United States, unless it is established that the person is an individual and a citizen of and domiciled in the United States, or that the person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business in the United States; or
(D) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country;
(7) “foreign owner” means a person for whom a foreign national holds, owns, controls, or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares in a corporation in an amount equal to or greater than 50 percent of all corporate voting shares outstanding or all corporate equity;
(8) “media communication” means a communication
(A) in a news story, commentary, or editorial distributed through the facilities of a radio station, television station, cable television system, or satellite system, newspaper, magazine, or other periodical publication, unless the facilities are owned or controlled by a political party, political committee, or candidate; or
(B) that constitutes a public debate or forum that includes at least two opposing candidates for an office or one advocate and one opponent of an issue, or that solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum, provided that the staging organization
(i) is a charitable organization that does not make other covered expenditures and does not otherwise support or oppose any political candidate, political party, ballot propositions or questions, or initiative proposals or is a newspaper, radio station, television station, cable television system, or satellite system, newspaper, magazine, or other periodical publication, or other recognized news medium; and
(ii) does not structure the debate to promote or advance one candidate or issue position over another;
(9) “membership communication” means a direct and private communication between a membership organization or union and one or more members of the organization or union, if the membership organization or union
(A) has members with authority to administer the membership organization or union;
(B) expressly states the qualifications and requirements for membership in articles, bylaws, or other formal organizational documents; and
(C) is not organized primarily for the purpose of making covered expenditures or influencing elections, ballot propositions, ballot questions, or ballot initiative proposals;
(10) “shareholder communication” means a direct and private communication between a corporation and shareholders, executives, or administrative personnel of the corporation.

(d) Notwithstanding (a) of this section, a foreign-influenced corporation may make a contribution to a person who makes covered expenditures or contributions if that person segregates contributions from foreign nationals and foreign-influenced corporations into a separate bank account that may not be used, directly or indirectly, to finance covered expenditures or contributions.
(e) In this section, when determining the percentage of a corporation’s shares outstanding or equity owned by two or more foreign nationals,
(1) ownership in a mutual or pension fund that holds securities is not a form of ownership or control in such securities unless the foreign national or foreign owner can exercise control or participate in the management of the fund;
(2) for privately held corporations, a corporation shall determine its percentage of foreign ownership at the time it obligates funds to make covered expenditures or contributions;
(3) a publicly held corporation shall determine whether it is a foreign- influenced corporation based on its aggregate foreign ownership percentage at the close of trading on the last business day of the calendar quarter preceding the date the corporation makes or obligates funds to make a covered expenditure or contribution, unless the corporation has actual knowledge of its foreign ownership percentage at the time it makes or becomes obligated to make the covered expenditure or contribution; for the purposes of this paragraph, the corporation shall rely on facts, including information
(A) in the corporation’s shareholder register;
(B) in possession of the United States Securities and Exchange Commission or another governmental agency that is available to the general public;
(C) known to the corporation as a result of litigation, financing transactions, or proxies voted at annual or other meetings; and
(D) known to the corporation from another source.

Sec. 15.13.069. Certain expenditures that comply with charitable gaming provisions permitted. Notwithstanding another provision of this title, a charitable gaming permittee that is a qualified organization under AS 05.15.690 may use the net proceeds of a raffle or lottery to make expenditures for the purposes permitted under AS 05.15.150(a)(3).

Sec. 15.13.070. Limitations on amount of political contributions.    (a) An individual or group may make contributions, subject only to the limitations of this chapter and AS 24.45, including the limitations on the maximum amounts set out in this section.
(b) An individual may contribute not more than
(1) $500 per year to a nongroup entity for the purpose of influencing the nomination or election of a candidate, to a candidate, to an individual who conducts a write-in campaign as a candidate, or to a group that is not a political party;
(2) $5,000 per year to a political party.
(c) A group that is not a political party may contribute not more than $1,000 per year
(1) to a candidate, or to an individual who conducts a write-in campaign as a candidate;
(2) to another group, to a nongroup entity, or to a political party.
(d) A political party may contribute to a candidate, or to an individual who conducts a write-in campaign, for the following offices an amount not to exceed
(1) $100,000 per year, if the election is for governor or lieutenant governor;
(2) $15,000 per year, if the election is for the state senate;
(3) $10,000 per year, if the election is for the state house of representatives; and
(4) $5,000 per year, if the election is for
(A) delegate to a constitutional convention;
(B) judge seeking retention; or
(C) municipal office.
(e) This section does not prohibit a candidate from using up to a total of $1,000 from campaign contributions in a year to pay the cost of
(1) attendance by a candidate or guests of the candidate at an event or other function sponsored by a political party or by a subordinate unit of a political party;
(2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; or
(3) co-sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party.
(f) A nongroup entity may contribute not more than $1,000 a year to another nongroup entity for the purpose of influencing the nomination or election of a candidate, to a candidate, to an individual who conducts a write-in campaign as a candidate, to a group, or to a political party.

Sec. 15.13.072. Restrictions on solicitation and acceptance of contributions.    (a) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 may not solicit or accept a contribution from
(1) a person not authorized by law to make a contribution;
(2) an individual who is not a resident of the state at the time the contribution is made, except as provided in (e) of this section;
(3) a group organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made; or
(4) a person registered as a lobbyist if the contribution violates AS 15.13.074(g) or AS 24.45.121(a)(8).
(b) A candidate or an individual who has filed with the commission the document necessary to permit the individual to incur election-related expenses under AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds $100.
(c) An individual, or one acting directly or indirectly on behalf of that individual, may not solicit or accept a contribution
(1) before the date for which contributions may be made as determined under AS 15.13.074(c); or
(2) later than the day after which contributions may not be made as determined under AS 15.13.074(c).
(d) While the legislature is convened in a regular or special legislative session, a legislator or legislative employee may not solicit or accept a contribution to be used for the purpose of influencing the outcome of an election under this chapter unless
(1) it is an election in which the legislator or legislative employee is a candidate and the contribution is for that legislator’s or legislative employee’s campaign;
(2) the solicitation or acceptance occurs during the 90 days immediately preceding that election; and
(3) the solicitation or acceptance occurs in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city.
(e) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made if the amounts contributed by individuals who are not residents do not exceed
(1) $20,000 a calendar year, if the candidate or individual is seeking the office of governor or lieutenant governor;
(2) $5,000 a calendar year, if the candidate or individual is seeking the office of state senator;
(3) $3,000 a calendar year, if the candidate or individual is seeking the office of state representative or municipal or other office.
(f) A group or political party may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made, but the amounts accepted from individuals who are not residents may not exceed 10 percent of total contributions made to the group or political party during the calendar or group year in which the contributions are received.
(g) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 for election or reelection to the office of governor or lieutenant governor may not solicit or accept a contribution in the capital city while the legislature is convened in a regular or special legislative session.
(h) A nongroup entity may solicit or accept contributions for the purpose of influencing the nomination or election of a candidate from an individual who is not a resident of the state at the time the contribution is made or from an entity organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made. The amounts accepted by the nongroup entity from these individuals and entities for the purpose of influencing the nomination or election of a candidate may not exceed 10 percent of total contributions made to the nongroup entity for the purpose of influencing the nomination or election of a candidate during the calendar year in which the contributions are received.

Sec. 15.13.074. Prohibited contributions.    (a) A person, group, or nongroup entity may not make a contribution if the making of the contribution would violate this chapter.
(b) A person or group may not make a contribution anonymously, using a fictitious name, or using the name of another.
(c) A person or group may not make a contribution
(1) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 when the office is to be filled at a general election before the date that is 18 months before the general election;
(2) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the date that is 18 months before the date of the regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or
(3) to any candidate later than the 45th day
(A) after the date of the primary election if the candidate was on the ballot and was not nominated at the primary election; or
(B) after the date of the general election, or after the date of a municipal or municipal runoff election.
(d) A person or group may not make a contribution to a candidate or a person or group who is prohibited by AS 15.13.072(c) from accepting it.
(e) A person or group may not make a cash contribution that exceeds $100.
(f) A corporation, company, partnership, firm, association, entity recognized as tax-exempt under 26 U.S.C. 501(c)(3) (Internal Revenue Code), organization, business trust or surety, labor union, or publicly funded entity that does not satisfy the definition of group or nongroup entity in AS 15.13.400 may not make a contribution to a candidate, group, or nongroup entity.
(g) An individual required to register as a lobbyist under AS 24.45 may not make a contribution to a candidate for the legislature at any time the individual is subject to the registration requirement under AS 24.45 and for one year after the date of the individual’s initial registration or its renewal. However, the individual may make a contribution under this section to a candidate for the legislature in a district in which the individual is eligible to vote or will be eligible to vote on the date of the election. An individual who is subject to the restrictions of this subsection shall report to the commission, on a form provided by the commission, each contribution made while required to register as a lobbyist under AS 24.45. Upon request of the commission, the information required under this subsection shall be submitted electronically. This subsection does not apply to a representational lobbyist as defined in regulations of the commission.
(h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant governor and a group that is not a political party and that, under the definition of the term “group,” is presumed to be controlled by a candidate for governor or lieutenant governor, may not make a contribution to a candidate for another office, to a person who conducts a write-in campaign as a candidate for other office, or to another group of amounts received by that candidate or controlled group as contributions between January 1 and the date of the general election of the year of a general election for an election for governor and lieutenant governor. This subsection does not prohibit
(1) the group described in this subsection from making contributions to the candidates for governor and lieutenant governor whom the group supports; or
(2) the governor or lieutenant governor, or the group described in this subsection, from making contributions under AS 15.13.116(a)(2)(A).
(i) A nongroup entity may not solicit or accept a contribution to be used for the purpose of influencing the outcome of an election unless the potential contributor is notified that the contribution may be used for that purpose.

Sec. 15.13.076. Authorized recipients of contributions. A contribution to a
(1) candidate may be received only by
(A) the candidate; or
(B) the candidate’s campaign treasurer or a deputy campaign treasurer;
(2) group may be received only by the group’s campaign treasurer or a deputy treasurer.

Sec. 15.13.078. Contributions and loans from the candidate.    (a) The provisions of this chapter do not prohibit the individual who is a candidate from giving any amount of the candidate’s own money or other thing of value to the campaign of the candidate. Donations made by the candidate to the candidate’s own campaign shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110.
(b) The provisions of this chapter do not prohibit the individual who is a candidate from lending any amount to the campaign of the candidate. Loans made by the candidate shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. However, the candidate may not
(1) recover, under this section and AS 15.13.116(a)(4), the amount of a loan made by the candidate to the candidate’s own campaign that exceeds
(A) $25,000, if the candidate ran for governor or lieutenant governor;
(B) $10,000, if the candidate ran for
(i) the legislature; or
(ii) delegate to a constitutional convention;
(C) $10,000, if the candidate was a judge seeking retention;
(D) $5,000, if the candidate ran in a municipal election; or
(2) repay a loan that the candidate has made to the candidate’s own campaign unless, within five days of making the loan, the candidate notifies the commission, on a form provided by the commission, of the candidate’s intention to repay the loan under AS 15.13.116(a)(4).
(c) On and after the date determined under AS 15.13.110 as the last day of the period ending three days before the due date of the report required to be filed under AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a candidate may not give or loan to the candidate’s campaign the candidate’s money or other thing of value of the candidate in an amount that exceeds $5,000.
(d) The provisions of this section apply only to the individual who is a candidate, as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize a contribution or loan under this section by an individual described in the definition of the term “candidate” under AS 15.13.400(1)(B).

Sec. 15.13.080. Statement by or on behalf of contributor. [Repealed, Sec. 11 ch 1 TSSLA 2002].    Repealed or Renumbered

Sec. 15.13.082. Limitations on expenditures.    (a) A candidate or group may not make an expenditure in cash that exceeds $100 unless the candidate, or the campaign treasurer or deputy campaign treasurer, obtains a written receipt from the person to whom the expenditure is made.
(b) A person, other than an individual exempt from reporting under AS 15.13.040(h), may not make an expenditure unless the source of the expenditure has been disclosed as required by this chapter.
(c) If a candidate receives a contribution in the form of cash, check, money order, or other negotiable instrument and is subject to being reported to the commission under this chapter, the candidate may neither expend the contribution nor, in the case of a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or deputy campaign treasurer first records the following information for disclosure to the commission:
(1) the name, address, principal occupation, and employer of the contributor; and
(2) the date and amount of the contribution.

Sec. 15.13.084. Prohibited expenditures. A person may not make an expenditure
(1) anonymously, unless the expenditure is
(A) paid for by an individual acting independently of any person;
(B) made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065(c); and
(C) made for
(i) a billboard or sign; or
(ii) printed material, other than an advertisement made in a newspaper or other periodical;
(2) using a fictitious name or using the name of another.

Sec. 15.13.086. Authorized makers of expenditures. An expenditure
(1) authorized by or in behalf of a candidate may be made only by
(A) the candidate; or
(B) the candidate’s campaign treasurer or a deputy campaign treasurer;
(2) authorized by AS 15.13.067(3) by or in behalf of a group may be made only by the group’s campaign treasurer.

Sec. 15.13.090. Identification of communication.    (a) All communications shall be clearly identified by the words “paid for by” followed by the name and address of the person paying for the communication. In addition, except as provided by (d) of this section, a person shall clearly
(1) provide the person’s address or the person’s principal place of business;
(2) for a person other than an individual or candidate, include
(A) the name and title of the person’s principal officer;
(B) a statement from the principal officer approving the communication; and
(C) unless the person is a political party, identification of the name and city and state of residence or principal place of business, as applicable, of each of the person’s three largest contributors under AS 15.13.040(e)(5), if any, during the 12-month period before the date of the communication.
(b) The provisions of (a) of this section do not apply when the communication
(1) is paid for by an individual acting independently of any other person;
(2) is made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065(c); and
(3) is made for
(A) a billboard or sign; or
(B) printed material other than an advertisement made in a newspaper or other periodical.
(c) To satisfy the requirements of (a)(1) of this section and, if applicable, (a)(2)(C) of this section, a communication that includes a print or video component must have the following statement or statements placed in the communication so as to be easily discernible; the second statement is not required if the person paying for the communication has no contributors or is a political party:

This communication was paid for by (person’s name and city and state
of principal place of business). The top contributors of (person’s
name) are (the name and city and state of residence or principal place
of business, as applicable, of the largest contributors to the person
under AS 15.13.090(a)(2)(C)).
(d) Notwithstanding the requirements of (a) of this section, in a communication transmitted through radio or other audio media and in a communication that includes an audio component, the following statements must be read in a manner that is easily heard; the second statement is not required if the person paying for the communication has no contributors or is a political party:

This communication was paid for by (person’s name). The top
contributors of (person’s name) are (the name of the largest
contributors to the person under AS 15.13.090(a)(2)(C)).
(e) Contributors required to be identified under (a)(2)(C) of this section must be listed in order of the amount of their contributions. If more than three of the largest contributors to a person paying for a communication contribute equal amounts, the person may select which of the contributors of equal amounts to identify under (a)(2)(C) of this section. In no case shall a person be required to identify more than three contributors under (a)(2)(C) of this section.
(f) The provisions of this subsection apply to a person who makes an independent expenditure for a communication described in (a) of this section. If the person paying for the communication is not a natural person, the provisions also apply to the responsible officer or officers of the corporation, company, partnership, firm, association, organization, labor organization, business trust, or society who approve the independent expenditure for the communication. A person who makes a communication under this subsection may not, with actual malice, include within or as a part of the communication a false statement of material fact about a candidate for election to public office that constitutes defamation of the candidate. For purposes of this subsection, a statement constitutes defamation of the candidate if the statement
(1) exposes the candidate to strong disapproval, contempt, ridicule, or reproach; or
(2) tends to deprive the candidate of the benefit of public confidence.

Sec. 15.13.095. False statements in telephone polling and calls to convince.    (a) A candidate who is damaged as the result of a false statement about the candidate made with knowledge that it was false, or with reckless disregard for whether it was false or not, made as part of a telephone poll or an organized series of calls, and made with the intent to convince potential voters concerning the outcome of an election in which the candidate is running may recover damages in an action in superior court under this section against the individual who made the telephone call, the individual’s employer, and the person who contracted for or authorized the poll or calls to convince. However, the employer of the individual or the person who contracted for or authorized the poll or calls to convince is liable to the defamed candidate only if the employer or person authorized the statement to be made, knowing that it was false or with reckless disregard for whether it was false or not, as part of the poll or calls to convince.
(b) The court may award damages, including punitive damages. If the court finds that the result of the statement places the integrity of the election process in substantial doubt, the eligibility of the successful candidate to hold the office to which elected shall be determined as provided in AS 15.56.110(b) or, in the case of a candidate for governor or lieutenant governor, by impeachment under art. II, sec. 20, Constitution of the State of Alaska.

Sec. 15.13.100. Expenditures before filing. A political campaign expenditure may not be made or incurred by a person in an election or by a person or group with the person’s knowledge and on the person’s behalf before the date upon which the person files for nomination for the office which the person seeks, except for personal travel expenses or for opinion surveys or polls. These expenditures must be included in the first report required under this chapter after filing for office.

Sec. 15.13.110. Filing of reports.    (a) Each candidate, group, and nongroup entity shall make a full report in accordance with AS 15.13.040 for the period ending three days before the due date of the report and beginning on the last day covered by the most recent previous report. If the report is a first report, it must cover the period from the beginning of the campaign to the date three days before the due date of the report. If the report is a report due February 15, it must cover the period beginning on the last day covered by the most recent previous report or on the day that the campaign started, whichever is later, and ending on February 1 of that year. The report shall be filed
(1) 30 days before the election; however, this report is not required if the deadline for filing a nominating petition or declaration of candidacy is within 30 days of the election;
(2) one week before the election;
(3) 105 days after a special election; and
(4) February 15 for expenditures made and contributions received that were not reported previously, including, if applicable, all amounts expended from a public office expense term account established under AS 15.13.116(a)(8) and all amounts expended from a municipal office account under AS 15.13.116(a)(9), or when expenditures were not made or contributions were not received during the previous year.
(b) Each contribution that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the candidate, group, campaign treasurer, or deputy campaign treasurer. Each contribution to a nongroup entity for the purpose of influencing the outcome of an election that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the nongroup entity.
(c) All reports required by this chapter shall be filed with the commission’s central office and shall be kept open to public inspection. The commission shall keep a report filed on paper under AS 15.13.040(m) open to public inspection by scanning the report and posting a copy of the scanned image on the commission’s Internet website within two working days after the report is filed. The commission shall prepare a summary of each report, which shall be made available to the public at cost upon request. Each summary must use uniform categories of reporting. Summaries for reports filed
(1) electronically shall be made available within 30 days after the report is filed; and
(2) on paper shall be made available within 30 days after each election.
(d) [Repealed, Sec. 35 ch 126 SLA 1994].
(e) A group formed to sponsor a referendum or a recall shall report 30 days after its first filing with the lieutenant governor. Thereafter, each group shall report within 10 days after the end of each calendar quarter on the contributions received and expenditures made during the preceding calendar quarter until reports are due under (a) of this section.
(f) During the year in which the election is scheduled, each of the following shall file the campaign disclosure reports in the manner and at the times required by this section:
(1) a person who, under the regulations adopted by the commission to implement AS 15.13.100, indicates an intention to become a candidate for elective state executive or legislative office;
(2) a person who has filed a nominating petition under AS 15.25.140 – 15.25.200 to become a candidate at the general election for elective state executive or legislative office;
(3) a person who campaigns as a write-in candidate for elective state executive or legislative office at the general election; and
(4) a group or nongroup entity that receives contributions or makes expenditures on behalf of or in opposition to a person described in (1) – (3) of this subsection, except as provided for certain independent expenditures by nongroup entities in AS 15.13.135(a).
(g) An initiative committee, person, group, or nongroup entity receiving contributions exceeding $500 or making expenditures exceeding $500 in a calendar year in support of or in opposition to an initiative on the ballot in a statewide election or an initiative proposal application filed with the lieutenant governor under AS 15.45.020 shall file a report within 10 days after the end of each calendar quarter on the contributions received and expenditures made during the preceding calendar quarter until reports are due under (a) and (b) of this section. If the report is a first report, it must cover the period beginning on the day an initiative proposal application is filed under AS 15.45.020 and ending three days before the due date of the report.
(h) An independent expenditure report required under AS 15.13.040(e) shall be filed with the commission not later than 10 days after an independent expenditure has been made. However, an independent expenditure that exceeds $250 and that is made within nine days of an election shall be reported to the commission not later than 24 hours after the expenditure is made.
(i) During a campaign period, the commission may not change the manner or format in which reports required of a candidate under this chapter must be filed. In this subsection, “campaign period” means the period beginning on the date that a candidate becomes eligible to receive campaign contributions under this chapter and ending on the date that a final report for that same campaign must be filed.
(j) Before the primary election, a candidate seeking nomination by petition under AS 15.25.140 – 15.25.200 for the office of governor, lieutenant governor, state senator, or state representative shall file the reports under (a)(1) and (2) of this section.

Sec. 15.13.111. Preservation of records.    (a) Each person required to report under this chapter shall preserve all records necessary to substantiate information required to be reported under this chapter for a period of six years from the date of the election for which the information was required to be reported, unless the records have been submitted to the commission under (c) of this section.
(b) Information preserved under (a) of this section must be made available for inspection by the commission.
(c) A candidate for state elected office who was not elected or a person who has left state elected office may submit the records required to be preserved under (a) of this section to the commission electronically. Records submitted under this subsection shall be preserved by the commission for a period of six years from the date of the election for which the information was required to be reported.

Sec. 15.13.112. Uses of campaign contributions held by candidate or group.    (a) Except as otherwise provided, campaign contributions held by a candidate or group may be used only to pay the expenses of the candidate or group, and the campaign expenses incurred by the candidate or group, that reasonably relate to election campaign activities, and in those cases only as authorized by this chapter.
(b) Campaign contributions held by a candidate or group may not be
(1) used to give a personal benefit to the candidate or to another person;
(2) converted to personal income of the candidate;
(3) loaned to a person;
(4) knowingly used to pay more than the fair market value for goods or services purchased for the campaign;
(5) used to pay a criminal fine;
(6) used to pay civil penalties; however, campaign contributions held by a candidate or group may be used to pay a civil penalty assessed under this chapter if authorized by the commission or a court after it first determines that
(A) the candidate, campaign treasurer, and deputy campaign treasurer did not cause or participate in the violation for which the civil penalty is imposed and exercised a reasonable level of oversight over the campaign; and
(B) the candidate, campaign treasurer, and deputy campaign treasurer cooperated in the revelation of the violation and in its immediate correction; or
(7) used to make contributions to another candidate or to a group; however, it is not a violation of this paragraph if, in circumstances in which a candidate or group participates in a shared campaign activity, the candidate or group participating in the activity
(A) uses campaign contributions of the candidate or group for payment of
(i) all of the shared campaign activity expense; or
(ii) more than the candidate’s or group’s pro rata share of the activity expense; and
(B) receives, within seven days after payment of the expense, complete reimbursement of the amount of campaign contributions used for payments made on behalf of another candidate or group participating in the activity.
(c) A candidate may use up to a total of $1,000 in campaign contributions in a year to pay the cost of
(1) attending, or paying the cost for guests of the candidate to attend, an event or other function sponsored by a political party or subordinate unit of a political party;
(2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; and
(3) co-sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party.

Sec. 15.13.114. Disposition of prohibited contributions.    (a) A candidate, group, or nongroup entity that receives and accepts a contribution given in violation of AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is prohibited, return it to the contributor. A candidate, group, or nongroup entity that receives and accepts a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall immediately, upon discovery of the prohibited excess contribution, return the excess to the contributor. If the contribution or excess amount cannot be returned in the same form, the equivalent value of the contribution or excess amount shall be returned.
(b) An anonymous contribution is forfeited to the state unless the contributor is identified within five days of its receipt. Money that forfeits to the state under this subsection shall be delivered immediately to the Department of Revenue for deposit in the general fund.

Sec. 15.13.116. Disbursement of campaign assets after election.    (a) A candidate who, after the date of the general, special, municipal, or municipal runoff election or after the date the candidate withdraws as a candidate, whichever comes first, holds unused campaign contributions shall distribute the amount held on February 1 for a general election or within 90 days after a special election. The distribution may only be made to
(1) pay bills incurred for expenditures reasonably related to the campaign and the winding up of the affairs of the campaign, including a victory or thank you party, thank you advertisements, and thank you gifts to campaign employees and volunteers, and to pay expenditures associated with post-election fund raising that may be needed to raise funds to pay off campaign debts;
(2) make donations, without condition, to
(A) a political party;
(B) the state’s general fund;
(C) a municipality of the state; or
(D) the federal government;
(3) make donations, without condition, to organizations qualified as charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled by the candidate or a member of the candidate’s immediate family;
(4) repay loans from the candidate to the candidate’s own campaign under AS 15.13.078(b);
(5) repay contributions to contributors, but only if repayment of the contribution is made pro rata in approximate proportion to the contributions made using one of the following, as the candidate determines:
(A) to all contributors;
(B) to contributors who have contributed most recently; or
(C) to contributors who have made larger contributions;
(6) establish a fund for, and from that fund to pay, attorney fees or costs incurred in the prosecution or defense of an administrative or civil judicial action that directly concerns a challenge to the victory or defeat of the candidate in the election;
(7) transfer all or a portion of the unused campaign contributions to an account for a future election campaign; a transfer under this paragraph is limited to
(A) $50,000, if the transfer is made by a candidate for governor or lieutenant governor;
(B) $10,000, if the transfer is made by a candidate for the state senate;
(C) $5,000, if the transfer is made by a candidate for the state house of representatives; and
(D) $5,000, if the transfer is made by a candidate for an office not described in (A) – (C) of this paragraph;
(8) transfer all or a portion of the unused campaign contributions to a public office expense term account; a transfer under this paragraph is subject to the following:
(A) the authority to transfer is limited to candidates who are elected to the state legislature;
(B) the public office expense term account established under this paragraph may be used only for expenses associated with the candidate’s serving as a member of the legislature;
(C) all amounts expended from the public office expense term account shall be annually accounted for under AS 15.13.110(a)(4);
(D) a transfer under this paragraph is limited to $5,000 multiplied by the number of years in the term to which the candidate is elected plus any accumulated interest; and
(E) unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or (5) of this subsection at the end of the term of office immediately following the campaign for which the contributions were received; and
(9) transfer all or a portion of the unused campaign contributions to a municipal office account; a transfer under this paragraph is subject to the following:
(A) the authority to transfer is limited to candidates who are elected to municipal office, including a municipal school board;
(B) the municipal office account established under this paragraph may be used only for expenses associated with the candidate’s serving as mayor or as a member of the assembly, city council, or school board;
(C) all amounts expended from the municipal office account shall be annually accounted for under AS 15.13.110(a)(4);
(D) a transfer under this paragraph is limited to $5,000; and
(E) unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or (5) of this subsection at the end of the term of office immediately following the campaign for which the contributions were received.
(b) After a general, special, municipal, or municipal runoff election, a candidate may retain the ownership of one computer and one printer and of personal property, except money, that was acquired by and for use in the campaign. The current fair market value of the property retained, exclusive of the computer and printer, may not exceed $5,000. All other property shall be disposed of, or sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. Notwithstanding any other provision of this chapter,
(1) a candidate may (A) retain a bulk mailing permit that was paid for with campaign funds, and (B) use personal funds, campaign funds, or unused campaign contributions transferred to a public office expense term account under (a)(8) of this section to pay the continuing charges for the permit after the election; money used to continue the life of the permit is not considered to be a contribution under this chapter; in addition to any other use permitted under this chapter, during the candidate’s term of office, the candidate may use the bulk mailing permit for mailings associated with service in the office to which the candidate was elected; during the candidate’s term of office, if the candidate files a declaration of candidacy or the document necessary to permit the candidate to incur election-related expenses under AS 15.13.100 for the same or a different elective office, the candidate may also use the bulk mailing permit in that election campaign;
(2) a candidate may retain campaign photographs and use the photographs for any purpose associated with service in the office to which the candidate was elected;
(3) a candidate may retain seasonal greeting cards purchased with campaign funds; and
(4) campaign signs prepared for an election that has already taken place have no monetary value and may be retained or disposed of at the candidate’s discretion.
(c) Property remaining after disbursements are made under (a) – (b) of this section is forfeited to the state. Within 30 days, the candidate shall deliver the property to the Department of Revenue. The Department of Revenue shall deposit any money received into the general fund and dispose of any other property in accordance with law.
(d) [Repealed, Sec. 4 ch 44 SLA 2012].

Sec. 15.13.120. [Renumbered as AS 15.13.380].    Repealed or Renumbered

Sec. 15.13.122. [Renumbered as AS 15.13.385].    Repealed or Renumbered

Sec. 15.13.125. [Renumbered as AS 15.13.390].    Repealed or Renumbered

Sec. 15.13.130. Definitions. [Repealed, Sec. 28 ch 48 SLA 1996].    Repealed or Renumbered

Sec. 15.13.135. Independent expenditures for or against candidates.    (a) An independent expenditure supporting or opposing a candidate for election to public office, except an independent expenditure made by a nongroup entity with an annual operating budget of $250 or less, shall be reported in accordance with AS 15.13.040 and 15.13.100 – 15.13.110 and other requirements of this chapter.
(b) A person who makes independent expenditures for a mass mailing, for distribution of campaign literature of any sort, for a television, radio, newspaper, or magazine advertisement, or any other communication that supports or opposes a candidate for election to public office
(1) shall comply with AS 15.13.090; and
(2) shall place the following statement in the mailing, literature, advertisement, or other communication so that it is readily and easily discernible:

This NOTICE TO VOTERS is required by Alaska law. (I/we) certify that
this (mailing/literature/advertisement) is not authorized, paid for, or
approved by the candidate.

Sec. 15.13.140. Independent expenditures for or against ballot proposition or question.    (a) [Repealed, Sec. 19 ch 36 SLA 2010].
(b) An independent expenditure for or against a ballot proposition or question
(1) shall be reported in accordance with AS 15.13.040 and 15.13.100 – 15.13.110 and other requirements of this chapter; and
(2) may not be made if the expenditure is prohibited by AS 15.13.145.

Sec. 15.13.145. Money of the state and its political subdivisions.    (a) Except as provided in (b) and (c) of this section, each of the following may not use money held by the entity to influence the outcome of the election of a candidate to a state or municipal office:
(1) the state, its agencies, and its corporations;
(2) the University of Alaska and its Board of Regents;
(3) municipalities, school districts, and regional educational attendance areas, or another political subdivision of the state; and
(4) an officer or employee of an entity identified in (1) – (3) of this subsection.
(b) Money held by an entity identified in (a)(1) – (3) of this section may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance.
(c) Money held by an entity identified in (a)(1) – (3) of this section may be used
(1) to disseminate information about the time and place of an election and to hold an election;
(2) to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office.
(d) When expenditure of money is authorized by (b) or (c) of this section and is used to influence the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040.

Sec. 15.13.150. Election educational activities not prohibited. This chapter does not prohibit a person from engaging in educational election-related communications and activities, including
(1) the publication of the date and location of an election;
(2) the education of students about voting and elections;
(3) the sponsorship of candidate debate forums open to the public;
(4) participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party, or political position;
(5) the dissemination of the views of all candidates running for a particular office.

Sec. 15.13.155. Restrictions on earned income and honoraria.    (a) A candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write-in candidate for the office, may not
(1) seek or accept compensation for personal services that involves payments that are not commensurate with the services rendered taking into account the higher rates generally charged by specialists in a profession; or
(2) accept a payment of anything of value, except for actual and necessarily incurred travel expenses, for an appearance or speech; this paragraph does not apply to the salary paid to the candidate for making an appearance or speech as part of the candidate’s normal course of employment.
(b) Notwithstanding (a) of this section, a candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write-in candidate for the office, may accept a payment for an appearance or speech if the appearance or speech is not connected with the individual’s status as a state official or as a candidate.

Sec. 15.13.374. Advisory opinion.    (a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 – 24.60.260, or AS 39.50.
(b) A request for an advisory opinion
(1) must be in writing or contained in a message submitted by electronic mail;
(2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future;
(3) must include a description of all relevant facts, including the identity of the person requesting the advisory opinion; and
(4) may not concern a hypothetical situation or the activity of a third party.
(c) Within seven days after receiving a request satisfying the requirements of (b) of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting.
(d) The approval of a draft advisory opinion requires the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved.
(e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that
(1) was described in an advisory opinion approved under (d) of this section;
(2) is indistinguishable from the description of an activity that was approved in an advisory opinion approved under (d) of this section; or
(3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) of this section and before the commission acted on the draft advisory opinion under (d) of this section, if
(A) the draft advisory opinion would have approved the transaction or activity described; and
(B) the commission disapproved the draft advisory opinion.
(f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25.100 – 40.25.295, except that, if a person requesting an advisory opinion requests that the person’s name be kept confidential, the person’s name shall be kept confidential and the commission shall redact the name of the requester from the request and from the advisory opinion before making the request and opinion public.

Sec. 15.13.380. Violations; limitations on actions.    (a) Promptly after the final date for filing statements and reports under this chapter, the commission shall notify all persons who have become delinquent in filing them, including contributors who failed to file a statement in accordance with AS 15.13.040, and shall make available a list of those delinquent filers for public inspection. The commission shall also report to the attorney general the names of all candidates in an election whose campaign treasurers have failed to file the reports required by this chapter.
(b) A person who believes a violation of this chapter or a regulation adopted under this chapter has occurred or is occurring may file an administrative complaint with the commission within five years after the date of the alleged violation. If a member of the commission has filed the complaint, that member may not participate as a commissioner in any proceeding of the commission with respect to the complaint. The commission may consider a complaint on an expedited basis or a regular basis.
(c) The complainant or the respondent to the complaint may request in writing that the commission expedite consideration of the complaint. A request for expedited consideration must be accompanied by evidence to support expedited consideration and be served on the opposing party. The commission shall grant or deny the request within two days after receiving it. In deciding whether to expedite consideration, the commission shall consider such factors as whether the alleged violation, if not immediately restrained, could materially affect the outcome of an election or other impending event; whether the alleged violation could cause irreparable harm that penalties could not adequately remedy; and whether there is reasonable cause to believe that a violation has occurred or will occur. Notwithstanding the absence of a request to expedite consideration, the commission may independently expedite consideration of the complaint if the commission finds that the standards for expedited consideration set out in this subsection have been met.
(d) If the commission expedites consideration, the commission shall hold a hearing on the complaint within two days after granting expedited consideration. Not later than one day after affording the respondent notice and an opportunity to be heard, the commission shall
(1) enter an emergency order requiring the violation to be ceased or to be remedied and assess civil penalties under AS 15.13.390 if the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter;
(2) enter an emergency order dismissing the complaint if the commission finds that the respondent has not or is not about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter; or
(3) remand the complaint to the executive director of the commission for consideration by the commission on a regular rather than an expedited basis.
(e) If the commission accepts the complaint for consideration on a regular rather than an expedited basis, the commission shall notify the respondent within seven days after receiving the complaint and shall investigate the complaint. The respondent may answer the complaint by filing a written response with the commission within 15 days after the commission notifies the respondent of the complaint. The commission may grant the respondent additional time to respond to the complaint only for good cause. The commission shall hold a hearing on the complaint not later than 45 days after the respondent’s written response is due. Not later than 10 days after the hearing, the commission shall issue its order. If the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter, the commission shall enter an order requiring the violation to be ceased or to be remedied and shall assess civil penalties under AS 15.13.390.
(f) If the complaint involves a challenge to the constitutionality of a statute or regulation, necessary witnesses that are not subject to the commission’s subpoena authority, or other issues outside the commission’s authority, the commission may request the attorney general to file a complaint in superior court alleging a violation of this chapter. The commission may request the attorney general to file a complaint in superior court to remedy the violation of a commission order.
(g) A commission order under (d) or (e) of this section may be appealed to the superior court by either the complainant or respondent within 30 days in accordance with the Alaska Rules of Appellate Procedure.
(h) If the commission does not complete action on an administrative complaint within 90 days after the complaint was filed, the complainant may file a complaint in superior court alleging a violation of this chapter by a respondent as described in the administrative complaint filed with the commission. The complainant shall provide copies of the complaint filed in the superior court to the commission and the attorney general. This subsection does not create a private cause of action against the commission; against the commission’s members, officers, or employees; or against the state.
(i) If a person who was a successful candidate or the campaign treasurer or deputy campaign treasurer of a person who was a successful candidate is convicted of a violation of this chapter, after the candidate is sworn into office, proceedings shall be held and appropriate action taken in accordance with
(1) art. II, sec. 12, of the state constitution, if the successful candidate is a member of the state legislature;
(2) art. II, sec. 20, of the state constitution, if the successful candidate is governor or lieutenant governor;
(3) the provisions of the call for the constitutional convention, if the successful candidate is a constitutional convention delegate;
(4) art. IV, sec. 10, of the state constitution, if the successful candidate is a judge.
(j) Information developed by the commission under (b) – (e) of this section shall be considered during a proceeding under (i) of this section.
(k) If, after a successful candidate is sworn into office, the successful candidate or the campaign treasurer or deputy campaign treasurer of the person who was a successful candidate is charged with a violation of this chapter, the case shall be promptly tried and accorded a preferred position for purposes of argument and decision so as to ensure a speedy disposition of the matter.

Sec. 15.13.385. Legal counsel.    (a) The attorney general is legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in actions to which it is a party. If, in the opinion of the commission, the public interest warrants, the commission may request the chief justice of the supreme court to appoint a special prosecutor to represent the commission in a proceeding involving an alleged violation of this chapter and to prosecute that violation.
(b) When the public interest warrants, the commission may employ temporary legal counsel from time to time in matters in which the commission is involved.

Sec. 15.13.390. Civil penalty; late filing of required reports.    (a) A person who fails to register when required by AS 15.13.050(a) or who fails to file a properly completed and certified report within the time required by AS 15.13.040, 15.13.060(b) – (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who fails to file a properly completed and certified report within the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who violates a provision of this chapter, except a provision requiring registration or filing of a report within a time required as otherwise specified in this section, is subject to a civil penalty of not more than $50 a day for each day the violation continues as determined by the commission, subject to right of appeal to the superior court. An affidavit stating facts in mitigation may be submitted to the commission by a person against whom a civil penalty is assessed. However, the imposition of the penalties prescribed in this section or in AS 15.13.380 does not excuse that person from registering or filing reports required by this chapter.
(b) When an administrative complaint has been filed under AS 15.13.380, the commission shall give the respondent due notice and an opportunity to be heard. If, at the conclusion of the hearing, the commission determines that the respondent engaged in the alleged violation, the commission shall assess
(1) civil penalties under (a) of this section;
(2) the commission’s costs of investigation and adjudication; and
(3) reasonable attorney fees.
(c) The commission’s determination under (b) of this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).
(d) When an action has been filed in the superior court under AS 15.13.380, upon proof of the violation, the court shall enter a judgment in the amount of the civil penalty authorized to be collected by (a) of this section.
(e) If the commission or superior court finds that the violation was not a repeat violation or was not part of a series or pattern of violations, was inadvertent, was quickly corrected, and had no adverse effect on the campaign of another, the commission or the court may
(1) suspend imposition of the penalties; and
(2) order the penalties set aside if the person does not engage in a similar violation for a period of one year.
(f) A party who has filed a civil action under AS 15.13.380
(1) is not entitled to trial by jury on the civil action;
(2) is not entitled to be represented by legal counsel at public expense.

Sec. 15.13.400. Definitions. In this chapter,
(1) “candidate”
(A) means an individual who files for election to the state legislature, for governor, for lieutenant governor, for municipal office, for retention in judicial office, or for constitutional convention delegate, or who campaigns as a write-in candidate for any of these offices; and
(B) when used in a provision of this chapter that limits or prohibits the donation, solicitation, or acceptance of campaign contributions, or limits or prohibits an expenditure, includes
(i) a candidate’s campaign treasurer and a deputy campaign treasurer;
(ii) a member of the candidate’s immediate family;
(iii) a person acting as agent for the candidate;
(iv) the candidate’s campaign committee; and
(v) a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of the candidate;
(2) “commission” means the Alaska Public Offices Commission;
(3) “communication” means an announcement or advertisement disseminated through print or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c);
(4) “contribution”
(A) means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which charge is ordinarily made, and includes the payment by a person other than a candidate or political party, or compensation for the personal services of another person, that is rendered to the candidate or political party, and that is made for the purpose of
(i) influencing the nomination or election of a candidate;
(ii) influencing a ballot proposition or question; or
(iii) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020;
(B) does not include
(i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question;
(ii) ordinary hospitality in a home;
(iii) two or fewer mass mailings before each election by each political party describing the party’s slate of candidates for election, which may include photographs, biographies, and information about the party’s candidates;
(iv) the results of a poll limited to issues and not mentioning any candidate, unless the poll was requested by or designed primarily to benefit the candidate;
(v) any communication in the form of a newsletter from a legislator to the legislator’s constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee;
(vi) a fundraising list provided without compensation by one candidate or political party to a candidate or political party; or
(vii) an opportunity to participate in a candidate forum provided to a candidate without compensation to the candidate by another person and for which a candidate is not ordinarily charged;
(5) “electioneering communication” means a communication that
(A) directly or indirectly identifies a candidate;
(B) addresses an issue of national, state, or local political importance and attributes a position on that issue to the candidate identified; and
(C) occurs within the 30 days preceding a general or municipal election;
(6) “expenditure”
(A) means a purchase or a transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, incurred or made for the purpose of
(i) influencing the nomination or election of a candidate or of any individual who files for nomination at a later date and becomes a candidate;
(ii) use by a political party;
(iii) the payment by a person other than a candidate or political party of compensation for the personal services of another person that are rendered to a candidate or political party;
(iv) influencing the outcome of a ballot proposition or question; or
(v) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020;
(B) does not include a candidate’s filing fee or the cost of preparing reports and statements required by this chapter;
(C) includes an express communication and an electioneering communication, but does not include an issues communication;
(7) “express communication” means a communication that, when read as a whole and with limited reference to outside events, is susceptible of no other reasonable interpretation but as an exhortation to vote for or against a specific candidate;
(8) “group” means
(A) every state and regional executive committee of a political party;
(B) any combination of two or more individuals acting jointly who organize for the principal purpose of influencing the outcome of one or more elections and who take action the major purpose of which is to influence the outcome of an election; a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate shall be considered to be controlled by that candidate; a group whose major purpose is to further the nomination, election, or candidacy of only one individual, or intends to expend more than 50 percent of its money on a single candidate, shall be considered to be controlled by that candidate and its actions done with the candidate’s knowledge and consent unless, within 10 days from the date the candidate learns of the existence of the group the candidate files with the commission, on a form provided by the commission, an affidavit that the group is operating without the candidate’s control; a group organized for more than one year preceding an election and endorsing candidates for more than one office or more than one political party is presumed not to be controlled by a candidate; however, a group that contributes more than 50 percent of its money to or on behalf of one candidate shall be considered to support only one candidate for purposes of AS 15.13.070, whether or not control of the group has been disclaimed by the candidate; and
(C) any combination of two or more individuals acting jointly who organize for the principal purpose of filing an initiative proposal application under AS 15.45.020 or who file an initiative proposal application under AS 15.45.020;
(9) “immediate family” means the spouse, parent, child, including a stepchild and an adopted child, and sibling of an individual;
(10) “independent expenditure” means an expenditure that is made without the direct or indirect consultation or cooperation with, or at the suggestion or the request of, or with the prior consent of, a candidate, a candidate’s campaign treasurer or deputy campaign treasurer, or another person acting as a principal or agent of the candidate;
(11) “individual” means a natural person;
(12) “issues communication” means a communication that
(A) directly or indirectly identifies a candidate; and
(B) addresses an issue of national, state, or local political importance and does not support or oppose a candidate for election to public office;
(13) “nongroup entity” means a person, other than an individual, that takes action the major purpose of which is to influence the outcome of an election, and that
(A) cannot participate in business activities;
(B) does not have shareholders who have a claim on corporate earnings; and
(C) is independent from the influence of business corporations.
(14) “person” has the meaning given in AS 01.10.060, and includes a labor union, nongroup entity, and a group;
(15) “political party” means any group that is a political party under AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or bylaws of the political party, the unit conducts or supports campaign operations in a municipality, neighborhood, house district, or precinct;
(16) “publicly funded entity” means a person, other than an individual, that receives half or more of the money on which it operates during a calendar year from government, including a public corporation.

Chapter 15.15 ELECTIONS AND BALLOTS

Sec. 15.15.010. General administrative supervision by director. The director shall provide general administrative supervision over the conduct of state elections, and may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary for the administration of state elections. The director shall adopt regulations that establish for the broadcasting of notices under AS 15.15.070 the frequency of the broadcasts, appropriate broadcast times, and the locations for the broadcasts. The broadcasting regulations must be reasonably calculated to provide the widest possible exposure of the notices.

Sec. 15.15.020. Date of general election. The general election is held on the Tuesday after the first Monday in November in every even numbered year.

Sec. 15.15.030. Preparation of official ballot. The director shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. The following directives shall be followed when applicable:
(1) The director shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters of form not provided by law.
(2) The director shall number ballots in series to ensure simplicity and secrecy and to prevent fraud.
(3) The director shall contract for the preparation of ballots under AS 36.30 (State Procurement Code).
(4) The director may not include on the ballot, as a part of a candidate’s name, any honorary or assumed title or prefix but may include in the candidate’s name any nickname or familiar form of a proper name of the candidate.
(5) The names of the candidates and their party designations shall be placed in separate sections on the state general election ballot under the office designation to which they were nominated. The party affiliation, if any, shall be designated after the name of the candidate. The lieutenant governor and the governor shall be included under the same section. Provision shall be made for voting for write-in and no-party candidates within each section. Paper ballots for the state general election shall be printed on white paper.
(6) The names of the candidates for each office shall be set out in the same order on ballots printed for use in each house district. The director shall randomly determine the order of the names of the candidates for state representative for each house district. The director shall rotate the order of placement of the names of candidates for governor, lieutenant governor, United States senator, United States representative, and state senator on the ballot for each house district.
(7) The general election ballot shall be designed with the names of candidates of each political party, and of any independent candidates qualified under AS 15.30.026, for the office of President and Vice-President of the United States placed in the same section on the ballot rather than the names of electors of President and Vice-President.
(8) The general or special election ballot shall be designed with the title and proposition for any initiative, referendum, or constitutional amendment formulated as prescribed by law and placed on the ballot in the manner prescribed by the director. When placed on the ballot, a state ballot proposition or ballot question shall carry the number that was assigned to the petition for the proposition or question. Provision shall be made for marking the proposition “Yes” or “No.”
(9) The general or special election ballot shall be designed with the question of whether a constitutional convention shall be called placed on the ballot in the following manner: “Shall there be a constitutional convention?” Provision shall be made for marking the question “Yes” or “No.”
(10) A nonpartisan ballot shall be designed for each judicial district in which a justice or judge is seeking retention in office. The ballot shall be divided into four parts. Each part must bear a heading indicating the court to which the candidate is seeking approval, and provision shall be made for marking each question “Yes” or “No.” Within each part, the question of whether the justice or judge shall be approved or rejected shall be set out in substantially the following manner:
(A) “Shall . . . . . . . be retained as justice of the supreme court for 10 years?”;
(B) “Shall . . . . . . . be retained as judge of the court of appeals for eight years?”;
(C) “Shall . . . . . . . be retained as judge of the superior court for six years?”; or
(D) “Shall . . . . . . . be retained as judge of the district court for four years?”
(11) When the legislature by law authorizes a state debt for capital improvements, the director shall place the question of whether the specific authorization shall be ratified by placing the ballot title and question on the next general election ballot, or on the special election ballot if a special election is held for the purpose of ratifying the state debt for capital improvements before the time of the next general election. Unless specifically provided otherwise in the Act authorizing the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate the general subject of the Act. The question shall, by the use of a few sentences in a succinct manner, give a true and impartial summary of the Act authorizing the state debt. The question of whether state debt shall be contracted shall be assigned a letter of the alphabet on the ballot. Provision shall be made for marking the question substantially as follows:
“Bonds. . . . . . . Yes” or “Bonds. . . . . . . No,”
followed by an appropriate oval.
(12) The director may provide for the optical scanning of ballots where the requisite equipment is available.
(13) The director may provide for voting by use of electronically generated ballots by a voter who requests to use a machine that produces electronically generated ballots.

Sec. 15.15.032. Use of electronically generated ballots.    (a) If the director provides for voting by use of electronically generated ballots, the director shall provide balloting equipment that would allow voters with disabilities, including those who are blind or visually impaired, to cast private, independent, and verifiable ballots. The director may not provide for more than one machine that produces electronically generated ballots in a precinct or in a regional supervisor’s office, except where the director determines that additional machines are needed to accommodate the needs of individuals with disabilities, including individuals with physical limitations or visual impairments.
(b) Software for voting by use of electronically generated ballots shall be tested and certified under AS 15.20.900.
(c) The director shall provide for a paper record of each electronically generated ballot that can be
(1) reviewed and corrected by the voter at the time the vote is cast; and
(2) used for a recount of the votes cast at an election in which electronically generated ballots were used.

Sec. 15.15.035. Printing of ballots and other material. The director may not be required to do business with a printing company while the company is involved in a labor dispute.

Sec. 15.15.040. Preparation of other election materials.    (a) The director shall prescribe the form of and prepare tinted sample ballots and all other materials, forms, and supplies required for the election.
(b) The director shall prepare and issue or make available with each sample ballot for a special election the statement provided for in AS 24.08.037 of the scope of each project included in a proposed general obligation bond issue creating a state debt for capital improvements that is submitted to the electorate for ratification under AS 15.15.030(11). The statement of scope for each project shall be the same statement included in the authorization bill. When a ballot proposition is submitted to the voters at a primary or a special election, a statement the same as that provided for in the election pamphlet under AS 15.58.020(a)(6) shall be made available with each sample ballot.
(c) The director shall provide materials, forms, and supplies for each polling place, including information regarding the date of the election and hours the polling place will be open, instructions on how to cast a questioned ballot, instructions for first-time voters who initially registered by mail, general information on voting rights, prohibitions on acts of fraud and misrepresentation, and whom to contact to report violations.

Sec. 15.15.050. Distribution of election materials. The director shall distribute an adequate supply of sample and official ballots and all other materials, forms, and supplies required for the election to the election supervisors for distribution to chairpersons of election boards in precincts not less than 25 days before the date for the election.

Sec. 15.15.060. Polling places, voting booths, and supplies.    (a) Immediately following the appointment of the election board, the election supervisor in conjunction with the election board chair shall secure polling places for holding the election, suitable ballot boxes that will assure security, and an adequate number of voting booths or screens, national flags, pens, and pencils. At every polling place, at least one voting booth shall be furnished and not less than one voting booth or screen shall be furnished for each 100 votes or fractional part of 100 votes cast in the previous election. At every polling place, at least one-half of the voting booths used shall be not less than six feet in height, enclosed on three sides, and provided with a curtain extending from the top of the voting booth to within approximately 30 inches of the floor. The curtain of the voting booth must conceal the voter while voting. The election supervisor and the election board chair may, in an emergency, secure an alternate location for a polling place.
(b) To assure administrative economy and to protect the secrecy of the ballot, the director may adopt regulations prescribing
(1) the type of polling place for holding the election;
(2) the requirements regarding ballot boxes, voting screens, national flags, and other supplies; and
(3) subject to the specifications of (a) of this section, the requirements regarding voting booths.
(c) The director shall pay the cost of necessary election expenses incurred in securing a place for holding the election, a suitable ballot box, and an adequate number of voting booths, screens, national flags, and other supplies. The national flag shall be displayed over or near the entrance of each polling place.
(d) When the director determines that there is an area in the state where a voter may be confused as to the voter’s correct precinct polling place, the director shall provide each polling place in that area with maps and materials that indicate house district boundaries, precinct boundaries, and polling places.

Sec. 15.15.070. Public notice of election required.    (a) The director shall give and is authorized to contract to give full public notice of the election. The director may select a manner reasonably calculated to give actual knowledge of the election to the voters.
(b) The notice shall be given by publication at least twice in one or more newspapers of general circulation in each of the four judicial districts. The printed notice must specifically include the date of election, the hours between which the polling places will be open, the offices to which candidates are to be nominated or elected, and the subject of the propositions and questions that are to be voted on.
(c) Public notice shall also be given by posting notices in those communities that do not have newspapers of general circulation where posting of notice is considered necessary by the director. The posted notice must specifically include the date of election, the location of the polling places, the hours between which the polling places will be open, the offices to which candidates are to be nominated or elected, the subject of the propositions and questions that are to be voted on, and other information considered necessary by the director.
(d) The first publication, broadcast, or posting of the notice shall be made not less than 10 days before the election.
(e) [Repealed, Sec. 15 ch 82 SLA 2000].
(f) [Repealed, Sec. 15 ch 82 SLA 2000].
(g) The director shall pay the cost of election expenses incurred in giving notice of an election.
(h) An abbreviated form of the notice published under (b) of this section shall be broadcast on one or more radio or television stations in each of the four judicial districts. The broadcast notice must include at a minimum the date of the election, the hours between which the polling places will be open, and the address and phone number of the election supervisor or supervisors for the judicial district in which the notice is broadcast.

Sec. 15.15.080. Time for opening and closing polls.    (a) Except as provided in (b) of this section, on the day of any election, each election board shall open the polls for voting at seven o’clock in the morning, shall close the polls for voting at eight o’clock in the evening, and shall keep the polls open during the time between these hours. The election board members shall report to the polling place at 6:30 in the morning of an election day.
(b) On the day of any election that is not a general election, a primary election, a special election, or a federal election held under this title, the director shall require each election board to open the polls for voting at eight o’clock in the morning, shall close the polls for voting at eight o’clock in the evening, and shall keep the polls open during the time between these hours. The election board members shall report to the polling place one-half hour before the polls are to open on election day.

Sec. 15.15.090. Designation of precinct polling place. The polling place shall be located within the precinct unless the election supervisor and the election board chairperson determine that a building located in an adjoining precinct is more suitable or convenient to the voters.

Sec. 15.15.100. Time off for voting. A qualified voter who does not have sufficient time outside working hours within which to vote at a state election may, without loss of pay, take off as much working time as will enable voting. If any employee has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee’s regular working shift, or between the end of the regular working shift and the closing of the polls, the employee shall be considered to have sufficient time outside working hours within which to vote.

Sec. 15.15.110. General duties and oath of election board. The election board shall supervise the election in the precinct. Before entering upon the duties of office, each election official shall take an oath to honestly, faithfully, and promptly perform the duties of office. Any appointed election official, including an appointed election official who has not personally subscribed to the oath, may administer the oath to another election official. The chairperson of the election board shall rotate the time at which election officials may be relieved for meals.

Sec. 15.15.120. Filling vacancies in election board. If an appointed election board member fails to appear and subscribe to the oath on election day or becomes incapacitated during the time of the election or the counting of the ballots, the election board members present shall elect, by a majority voice vote, a qualified voter to fill the vacancy. The qualified voter elected to fill the vacancy shall be of the same political party as the person for whom the substitution is made unless, after reasonable effort, the election board members determine that a qualified voter of the same political party is not available.

Sec. 15.15.130. Majority decision of election board. The decision of the majority of election board members determines the action that the election board shall take regarding any question that arises during the course of the election.

Sec. 15.15.140. Permitted use of unofficial ballots.    (a) If the election board receives an insufficient number of official ballots or official election materials, it shall provide and the voters may use unmarked substitute ballots or other election materials to indicate the intent of the voter.
(b) The election board shall certify the facts which prevented the use of the official ballots and materials and shall include the certificate in the election returns to the director. The initial failure to certify to the facts or include the certificate required does not invalidate any ballots.
(c) On disclosure that unofficial ballots have been used without the certification required under (b) of this section, the director shall notify the chairperson of the election board by telephone or electronic transmission of the failure to certify the ballots properly.
(d) The director may accept a certificate made by electronic transmission and count the ballots if the certificate is proper and actually received by the director within 10 days after the date that the chairperson of the election board was notified under (c) of this section.

Sec. 15.15.150. Official opening of polls. On the day and hour of election, the election board shall announce that the polls are open and receive the voters.

Sec. 15.15.160. Prohibition of political discussion by election board. During the hours that the polls are open, an election board member may not discuss any political party, candidate, or issue while on duty.

Sec. 15.15.170. Prohibition of political persuasion near election polls. During the hours the polls are open, a person who is in the polling place or within 200 feet of any entrance to the polling place may not attempt to persuade a person to vote for or against a candidate, proposition, or question. The election officials shall post warning notices at the required distance in the form and manner prescribed by the director.

Sec. 15.15.180. Keeping of register. The election officials shall keep a register or registers in which each voter before receiving a ballot shall sign the voter’s name and give both a residence and mailing address. A record shall be kept in the registration book in space provided of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote.

Sec. 15.15.190. Keeping of duplicate register. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.15.180].    Repealed or Renumbered

Sec. 15.15.195. Voters on official registration list. An election official in a precinct shall allow a voter on the official registration list to vote in the precinct unless the voter is questioned in accordance with AS 15.15.210.

Sec. 15.15.198. Voters not on official registration list.    (a) If a voter’s name does not appear on the official registration list in the precinct in which the voter seeks to vote, the election official shall affirmatively advise the voter that the voter may cast a questioned ballot, and the voter shall be allowed to vote a questioned ballot. At the time the voter casts a questioned ballot, the voter shall be given written information stating that the voter will be able to ascertain whether the ballot was counted and, if not counted, the reason the ballot was not counted.
(b) A person whose registration is inactive under AS 15.07.130(b) and who votes a questioned or absentee ballot shall have the ballot counted if
(1) the person was registered to vote in the last four calendar years;
(2) the person signs a statement to that effect; and
(3) the earlier registration is verified by the director.

Sec. 15.15.200. Questioning of voter of doubtful qualification. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.15.210. Questioning of voters of suspect qualification. Every election official shall question, and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified under AS 15.05. All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person shall, before voting, subscribe to a declaration in a form provided by the director attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election, and certifying that the person understands that a false statement on the declaration may subject the person to prosecution for a misdemeanor under this title or AS 11. After the questioned person has executed the declaration, the person may vote. If the questioned person refuses to execute the declaration, the person may not vote.

Sec. 15.15.213. Questioning a voter’s ballot. [Repealed, Sec. 43 ch 85 SLA 1988].    Repealed or Renumbered

Sec. 15.15.215. Disposition of questioned votes.    (a) A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. When the ballot box is opened, the envelopes shall be segregated, counted, compared to the voting list, and delivered to the official or body supervising the election. The merits of the question shall be determined by this official or body in accordance with the procedure prescribed for questioned votes in AS 15.20.207.
(b) [Repealed, Sec. 231 ch 100 SLA 1980].

Sec. 15.15.220. Administration of oaths. Any election official may administer to a voter any oath that is necessary in the administration of the election.

Sec. 15.15.225. Voter identification at polls.    (a) Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including
(1) an official voter registration card, driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
(2) an original or a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item exhibited under this paragraph must show the name and current address of the voter.
(b) An election official may waive the identification requirement if the election official knows the identity of the voter. The identification requirement may not be waived for voters who are first-time voters who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, and did not provide identification as required in AS 15.07.060.
(c) A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.

Sec. 15.15.230. Providing ballot to voter. When the voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot.

Sec. 15.15.240. Voter assistance. A qualified voter needing assistance in voting may request an election official, a person, or not more than two persons of the voter’s choice to assist. If the election official is requested, the election official shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that the person will not divulge the vote cast by the person assisted.

Sec. 15.15.250. Disposition of spoiled ballot. If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and the election board shall provide another ballot, with a maximum of three. The board shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it.

Sec. 15.15.260. Placing ballot in ballot box by voter. When the voter has marked a ballot, the voter shall inform the election official. The ballot shall be deposited in the ballot box by the voter in the presence of the election official unless the voter requests the election official to deposit the ballot on the voter’s behalf. Separate ballot boxes may be used for separate ballots.

Sec. 15.15.270. Prohibiting the leaving of the polling place with ballot. A voter may not leave the polling place with the official ballot that the voter received to mark.

Sec. 15.15.280. Prohibiting the exhibition of marked ballots. Subject to AS 15.15.240 a voter may not exhibit the voter’s ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.

Sec. 15.15.290. Prohibiting the identification of ballots. While the polls are open, an election official may not open any ballot received from a voter, or mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

Sec. 15.15.300. Prohibiting the count of exhibited ballots. An election official may not allow a ballot to be placed in the ballot box that the official knows to have been unlawfully exhibited by the voter. A ballot unlawfully exhibited shall be recorded as a spoiled ballot and destroyed.

Sec. 15.15.310. Official closing of polls. Fifteen minutes before and at the time of closing the polls, the election board shall announce the present time and the time of closing the polls.

Sec. 15.15.320. Voters in line when polls close. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

Sec. 15.15.330. Commencement of ballot count. When the polls are closed and the last vote has been cast in a hand-count precinct, the election board shall immediately proceed to open the ballot box and to count the votes cast. In all cases, the election board shall cause the count to be continued without adjournment until the count is complete.

Sec. 15.15.340. Duties, oath, and vacancies of additional election officials. Additional election officials shall report to the election board at the polls at the time designated by the election supervisor or the chairperson of the election board to assume their duties to assist the election board in counting the vote. Before undertaking the duties of office, each additional election official shall subscribe to an oath to honestly, faithfully, impartially, and promptly carry out the duties of the position. If an additional election official fails to appear and subscribe to the oath at the time designated by the election supervisor, the election board shall appoint any qualified voter to fill the vacancy.

Sec. 15.15.350. General procedure for ballot count.    (a) The director may adopt regulations prescribing the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the elections supervisor or the election supervisor’s designee. The board shall count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. The election board, in hand-count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read. A person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for mailing may not have a marking device in hand or remove a ballot from the immediate vicinity of the polls.
(b) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.

Sec. 15.15.360. Rules for counting ballots.    (a) The election board shall count ballots according to the following rules:
(1) A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate.
(2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.
(3) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
(4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.
(5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.
(6) Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.
(7) An erasure or correction invalidates only that section of the ballot in which it appears.
(8) A vote marked for the candidate for President or Vice-President of the United States is considered and counted as a vote for the election of the presidential electors.
(9) [Repealed, Sec. 3 ch 10 SLA 2011].
(10) [Repealed, Sec. 3 ch 10 SLA 2011].
(11) [Repealed, Sec. 3 ch 10 SLA 2011].
(12) [Repealed, Sec. 3 ch 10 SLA 2011].
(b) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.
(c) [Repealed, Sec. 24 ch 113 SLA 2003].
(d) Write-in votes shall be counted according to the following rules:
(1) writing in the name of a candidate whose name is printed on the ballot does not invalidate a write-in vote unless the director determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot;
(2) in order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with (a)(1) of this section;
(3) a vote for a write-in candidate, other than a write-in vote for governor and lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name of the candidate, as it appears on the write-in declaration of candidacy, or the last name of the candidate is written in the space provided;
(4) if the write-in vote is for governor and lieutenant governor, the vote shall be counted if the oval is filled in and the names of the candidates for governor and lieutenant governor, as they appear on the write-in declaration of candidacy, or the last names of the candidates for governor and lieutenant governor, or the name of the candidate for governor, as it appears on the write-in declaration of candidacy, or the last name of the candidate for governor is written in the space provided;
(5) in counting votes for a write-in candidate, the director shall disregard any abbreviation, misspelling, or other minor variation in the form of the name of a candidate if the intention of the voter can be ascertained.

Sec. 15.15.361. Stickers. Affixing stickers on a ballot in an election to vote for a write-in candidate is prohibited.

Sec. 15.15.365. Counting of write-in votes in general election.    (a) Write-in votes on a general election ballot shall be counted for a candidate only if the aggregate of all votes cast for all write-in candidates for the particular office is
(1) the highest number of votes received by any candidate for the office; or
(2) the second highest number of votes received by any candidate and the difference between the total number of votes received by the candidate having the highest number of votes and the aggregate of all votes cast for all write-in candidates for the office is less than the percentage necessary for a recount at the state’s cost under AS 15.20.450.
(b) Write-in votes that do not meet the requirements of this section may not be individually counted under this section.
(c) If the director determines that the requirements of (a) of this section have been met, the director shall establish the date for counting those write-in votes, and the director, or a designee of the director, shall count all write-in ballots under AS 15.15.360(d).
(d) This section does not apply to the counting of federal write-in absentee ballots submitted under 42 U.S.C. 1973ff.
(e) Write-in ballots shall be counted by the director, or a designee of the director, in a public place at the location where write-in ballots are sent for counting following an election.

Sec. 15.15.370. Completion of ballot count; certificate. When the count of ballots is completed, and in no event later than the day after the election, the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the director. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the director one copy of the certificate and the register. In addition, all ballots properly cast shall be mailed to the director in a separate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from which they come. Each board shall, immediately upon completion of the certification and as soon thereafter as the local mail service permits, send the duplicate certificate to the respective election supervisor. The director may authorize election boards in precincts in those areas of the state where distance and weather make mail communication unreliable to forward their election results by telephone, telegram, or radio. The director may authorize the unofficial totaling of votes on a regional basis by election supervisors, tallying the votes as indicated on duplicate certificates. To assure adequate protection the director shall prescribe the manner in which the ballots, registers, and all other election records and materials are thereafter preserved, transferred, and destroyed.

Sec. 15.15.380. Payment of election board members. The director shall pay each election board member for time spent at election duties, including the receiving of instructions. Election board chairpersons and the chairperson and members of the absentee ballot, questioned ballot, and state ballot counting review boards shall be paid for time spent at their election duties. The director shall set the compensation to be paid under this section by regulation.

Sec. 15.15.390. Election expenses. The director shall prescribe the manner of certifying, auditing, and paying election expenses, including the cost of giving notice, renting polling places, paying election officials, securing a ballot box, postage, and stationery, and obtaining similar election necessities.

Sec. 15.15.400. Preparation of voter list. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons who voted in the election and their political party affiliation. Any person may obtain a copy of the list, or a part of the list, or a computer tape containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director.

Sec. 15.15.410. Plural voting. Upon a determination that a person has voted more than once in the same election, the director shall notify the attorney general.

Sec. 15.15.420. Duty to review the ballot counting. The director shall review the counting of the ballots with the assistance of and in the presence of the appointed representatives from the political parties.

Sec. 15.15.430. Scope of the review of ballot counting.    (a) The review of ballot counting by the director shall include only
(1) a review of the precinct registers, tallies, and ballots cast;
(2) a review of absentee and questioned ballots as prescribed by law; and
(3) unless the ballot for the house district contains nothing but uncontested offices, a hand count of ballots from one randomly selected precinct in each house district that accounts for at least five percent of the ballots cast in that district.
(b) If, following the ballot review set out in (a) of this section, the director finds there is a discrepancy of more than one percent between the results of the hand count under (a)(3) of this section and the count certified by the election board, the director shall conduct a hand count of the ballots from that district.
(c) If the director finds an unexplained discrepancy in the ballot count in any precinct, the director may count the ballots from that precinct.
(d) The director shall certify in writing to the state ballot counting review board and publish on the division’s Internet website any changes resulting from a count performed under (b) or (c) of this section.

Sec. 15.15.440. State ballot counting review. The state ballot counting review shall begin as soon as practicable after the election is completed and no later than 16 days after an election and shall be continued until completed. The director may designate the hours each day during which the state ballot counting review board is to conduct its ballot counting review. The director shall close the review when the director is satisfied that no missing precinct certificate of election would, if received, change the result of the election. If no election certificate has been received from a precinct, the director may secure from the election supervisors and may count a certified copy of the duplicate election certificate of the precinct. If no election materials have been received, but election results have been received by telephone, telegram, or radio, the director shall count the election results so received. If the director has reason to believe that a missing precinct certificate, if received, would affect the result of the election, the director shall await the receipt of the certificate until the close of business on the 15th day after the date of election. A certificate not actually delivered to the director by the close of business on the 15th day after the election may not be counted at the state ballot counting review.

Sec. 15.15.450. Certification of state ballot counting review. Upon completion of the state ballot counting review the director shall certify the person receiving the largest number of votes for the office for which that person was a candidate as elected to that office and shall certify the approval of a justice or judge not rejected by a majority of the voters voting on the question. The director shall issue to the elected candidates and approved justices and judges a certificate of their election or approval. The director shall also certify the results of a proposition and other question except that the lieutenant governor shall certify the results of an initiative, referendum, or constitutional amendment.

Sec. 15.15.460. Tie votes. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the director shall so notify the candidates who are tied. The director shall immediately proceed with the recount of votes in the manner provided by AS 15.20.430 – 15.20.530.

Sec. 15.15.470. Preservation of election ballots, papers, and materials. The director shall preserve all precinct election certificates, tallies, and registers for four years after the election. All ballots and stubs for elections other than national elections may be destroyed 30 days after the certification of the state ballot counting review unless an application for recount has been filed and not completed, or unless their destruction is stayed by an order of the court. All ballots for national elections may be destroyed in accordance with federal law. The director may permit the inspection of election materials upon call by the Congress, the state legislature, or a court of competent jurisdiction.

Sec. 15.15.480. Security of ballots. All official ballots in the possession of election officials, whether voted or not voted, shall be kept in a secure manner until destroyed in accordance with law. The director shall provide for the security of ballots during transportation and storage under AS 44.62 (Administrative Procedure Act).

Sec. 15.15.500. – 15.15.535l [Repealed, Sec. 1 ch 34 SLA 2001].    Repealed or Renumbered

Sec. 15.15.550. – 15.15.575l [Repealed, Sec. 1 ch 34 SLA 2001].    Repealed or Renumbered

TITLE 15. ELECTIONS

Chapter 15.05 QUALIFICATION OF VOTERS

Sec. 15.05.010. Voter qualification.

 

RECENT BILLS THAT WILL MODIFY THIS

HB 1 ELECTION REGISTRATION AND VOTING
HB 95 ELECTION REGISTRATION AND VOTING
SB 93 ELECTION REGISTRATION AND VOTING

IMPLEMENTED AS

6 AAC 25.027
6 AAC 25.400
6 AAC 25.531
6 AAC 27.165

REFERENCES

2 AAC 40.045
6 AAC 25.027
6 AAC 25.580
6 AAC 25.630
6 AAC 25.640
6 AAC 25.650
AS 15.05.011Qualifications of overseas voters.
AS 15.05.012 Voter qualification for presidential election.
AS 15.05.020 Rules for determining residence of voter.
AS 15.07.030 Who may register.
AS 15.07.040 Time for registration.
AS 15.07.070Procedure for registration.
AS 15.07.160Unlawful action.
AS 15.20.015 Moving from house district just before election.
AS 15.56.035Unlawful interference with voting in the second degree.
AS 15.80.008Recognized political party status.
AS 29.26.050 Voter qualification.

HISTORY

(Sec. 1.01 ch 83 SLA 1960; am Sec. 1 ch 125 SLA 1962; am Sec. 1 ch 80 SLA 1963; am Sec. 1 ch 211 SLA 1968; am Sec. 1 ch 88 SLA 1969; am Sec. 1 ch 15 SLA 1970; am Sec. 1 ch 75 SLA 1972; am Sec. 1, 38 ch 116 SLA 1972; am Sec. 2, 3 ch 197 SLA 1975; am Sec. 1 ch 100 SLA 1980; am Sec. 27 ch 21 SLA 2000)

 

NOTICE:
This online infobase is an unofficial version of the Alaska Statutes and may contain errors or omissions. The information is provided as a convenience to the public. The State of Alaska, Alaska State Legislature, and Legislative Affairs Agency make no warranty, express or implied, of the accuracy of the information presented here. Use of the information is the sole responsibility of the user. For the official version of the Alaska Statutes, please refer to the printed version of the Alaska Statutes.

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Sec. 15.05.010. Voter qualification. A person may vote at any election who
(1) is a citizen of the United States;
(2) is 18 years of age or older;
(3) has been a resident of the state and of the house district in which the person seeks to vote for at least 30 days just before the election; and
(4) has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction.

Sec. 15.05.011. Qualifications of overseas voters.    (a) A person residing outside the United States may register and vote absentee by qualifying under this section.
(b) Before registering a person under this section, the director shall determine that the person
(1) was domiciled in the state immediately before leaving the United States;
(2) meets the qualifications established in AS 15.05.010(1) and (2);
(3) has not established a domicile in another state, territory, or possession of the United States since leaving this state;
(4) is not registered to vote and has not voted in another state, territory, or possession of the United States since leaving this state;
(5) has a valid passport, card of identity and registration, or other identification issued under the authority of the United States Secretary of State, and identification complying with the requirements of this title.
(c) Lack of a place of abode in the state or lack of intent to return to the state does not disqualify a person who qualifies under (b) of this section.
(d) A person registered under this section may vote in a federal election in this state.
(e) Notwithstanding (b)(1) of this section, a person residing outside the United States may register and vote absentee if
(1) the parent or legal guardian of the person was domiciled in the state immediately before leaving the United States; and
(2) the director determines that the person meets the requirements of (b)(2) – (5) of this section.

Sec. 15.05.012. Voter qualification for presidential election. A person who is otherwise qualified under AS 15.05.010 but who has not been a resident of the house district in which the person seeks to vote for at least 30 days preceding the date of a presidential election is entitled to register and vote for presidential and vice-presidential candidates.

Sec. 15.05.014. Procedures in presidential elections. In accordance with the Voting Rights Act of 1965 (P.L. 89-110; 79 Stat. 437; 42 U.S.C. 1973 et seq.), as amended, the following procedures apply to elections for the office of President and Vice-President of the United States:
(1) registration and absentee voting procedures, except as otherwise provided in this section, shall be identical to the procedures established in this title;
(2) registration of otherwise qualified persons shall be permitted without regard to a durational residency requirement;
(3) if any citizen who is otherwise qualified to vote in the state for president and vice-president has begun residence in another state after the 30th day preceding the election and, for that reason, does not satisfy the registration requirements of that state, that person shall be allowed to vote for president and vice-president either in person in the precinct in which the person resided immediately before removal, or by absentee ballot as provided in AS 15.20.

Sec. 15.05.016. Fee prohibited. [Repealed, Sec. 43 ch 85 SLA 1988].    Repealed or Renumbered

Sec. 15.05.020. Rules for determining residence of voter. For the purpose of determining residence for voting, the place of residence is governed by the following rules:
(1) A person may not be considered to have gained a residence solely by reason of presence nor may a person lose it solely by reason of absence while in the civil or military service of this state or of the United States or of absence because of marriage to a person engaged in the civil or military service of this state or the United States, while a student at an institution of learning, while in an institution or asylum at public expense, while confined in public prison, while engaged in the navigation of waters of this state or the United States or of the high seas, while residing upon an Indian or military reservation, or while residing in the Alaska Pioneers’ Home or the Alaska Veterans’ Home.
(2) The residence of a person is that place in which the person’s habitation is fixed, and to which, whenever absent, the person has the intention to return. If a person resides in one place, but does business in another, the former is the person’s place of residence. Temporary work sites do not constitute a dwelling place.
(3) A change of residence is made only by the act of removal joined with the intent to remain in another place. There can only be one residence.
(4) A person does not lose residence if the person leaves home and goes to another country, state, or place in this state for temporary purposes only and with the intent of returning.
(5) A person does not gain residence in any place to which the person comes without the present intention to establish a permanent dwelling at that place.
(6) A person loses residence in this state if the person votes in another state’s election, either in person or by absentee ballot, and will not be eligible to vote in this state until again qualifying under AS 15.05.010.
(7) The term of residence is computed by including the day on which the person’s residence begins and excluding the day of election.
(8) The address of a voter as it appears on the official voter registration record is presumptive evidence of the person’s voting residence. This presumption is negated only if the voter notifies the director in writing of a change of voting residence.

Sec. 15.05.030. Loss and restoration of voting rights.    (a) A person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law may not vote in a state, federal, or municipal election from the date of the conviction through the date of the unconditional discharge of the person. Upon the unconditional discharge, the person may register under AS 15.07.
(b) The commissioner of corrections shall establish procedures by which a person unconditionally discharged is advised of the voter registration requirements and procedures.

Sec. 15.05.040. Voter disqualification for unsound mind. [Repealed, Sec. 49 ch 86 SLA 1996].    Repealed or Renumbered

Chapter 15.07 REGISTRATION OF VOTERS

Sec. 15.07.010. Who may vote. The precinct election officials at any election shall allow a person to vote whose name is on the official registration list for that precinct and who is qualified under AS 15.05. A person whose name is not on the official registration list shall be allowed to vote a questioned ballot.

Sec. 15.07.020. Registration as a prerequisite. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.07.030. Who may register.    (a) A person who has the qualifications of a voter as set out in AS 15.05.010(1) – (3) or who will have the qualifications at the succeeding primary or general election is entitled to be registered as a voter in the precinct in which the person resides.
(b) A person qualified under AS 15.05.011 to vote by absentee ballot in a federal election is entitled to be registered as a voter in the house district in which the person resided immediately before departure from the United States.

Sec. 15.07.040. Time for registration. A person who is qualified under AS 15.05.010(1) – (3) is entitled to register at any time throughout the year except that a person under 18 years of age may register at any time within 90 days immediately preceding the person’s 18th birthday.

Sec. 15.07.050. Manner of registration; party affiliation.    (a) Registration may be made
(1) in person before a registration official or through a voter registration agency;
(2) by another individual on behalf of the voter if the voter has executed a written general power of attorney or a written special power of attorney authorizing that other individual to register the voter;
(3) by mail;
(4) by facsimile transmission, scanning, or another method of electronic transmission that the director approves; or
(5) by completing a permanent fund dividend application under AS 43.23.015.
(b) Except as provided in (c) of this section, only the voter or the individual authorized by the voter in a written power of attorney under (a) of this section may mark the voter’s choice of party affiliation on the voter registration application form.
(c) A person may supply a voter registration application form with a political party or group affiliation indicated to a voter only if the voter is already registered as affiliated with the political party or group indicated.

Sec. 15.07.055. Voter registration agencies.    (a) The following agencies are designated voter registration agencies:
(1) the administrative component of the Department of Administration that administers motor vehicle and driver’s license laws;
(2) divisions of the Department of Health and Social Services that provide public assistance through the food stamp program, Medicaid program, Special Supplemental Food Program for Women, Infants, and Children (WIC), and Alaska temporary assistance program;
(3) the division of the Department of Commerce, Community, and Economic Development that is responsible for municipal and regional assistance programs; and
(4) all recruitment offices of the armed forces of the United States located in Alaska.
(b) The director shall designate state-funded agencies that primarily provide services to persons with disabilities as voter registration agencies.
(c) The director may designate other state or local agencies as voter registration agencies. The director may designate a federal or nongovernmental office as a voter registration agency with the agreement of that office.
(d) A voter registration agency shall distribute voter registration materials, assist applicants in completing voter registration forms, and accept and transmit completed voter registration forms to the director in accordance with regulations adopted by the director to comply with 42 U.S.C. 1973gg (National Voter Registration Act of 1993) and other requirements of federal law.
(e) The director shall enter into an agreement with the Department of Administration and the Department of Revenue to match identifying information provided by a voter with existing identification records
(1) maintained by the administrative component of the Department of Administration that administers motor vehicle and driver’s license laws and by the administrative component of the Department of Revenue that administers the permanent fund dividend laws; and
(2) bearing the same identifying number, name, and date of birth provided on the registration.

Sec. 15.07.060. Required registration information.    (a) Each applicant who requests registration or reregistration shall supply the following information:
(1) the applicant’s name and sex;
(2) if issued, the applicant’s State of Alaska driver’s license number or State of Alaska identification card number, or the last four digits of the applicant’s social security number;
(3) the applicant’s date of birth;
(4) the applicant’s Alaska residence address;
(5) a statement of whether the applicant has previously been registered to vote in another jurisdiction, and, if so, the jurisdiction and the address of the previous registration;
(6) a declaration that the applicant will be 18 years of age or older within 90 days after the date of registration;
(7) a declaration that the applicant is a citizen of the United States;
(8) the date of application;
(9) the applicant’s signature or mark;
(10) any former name under which the applicant was registered to vote in the state;
(11) an attestation that the information provided by the applicant in (1) – (10) of this subsection is true; and
(12) a certification that the applicant understands that a false statement on the application may make the applicant subject to prosecution for a misdemeanor under this title or AS 11.
(b) If the applicant has been previously registered to vote in another jurisdiction, the director shall notify the chief elections officer in that jurisdiction that the applicant has registered to vote in Alaska and request that that jurisdiction cancel the applicant’s voter registration there.
(c) Each applicant who requests registration in person before a registration official shall exhibit one form of identification to the official, including a driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license. A registration official who knows the identity of the applicant may waive the identification requirement.
(d) If the applicant requests reregistration, the applicant shall supply under oath any former name under which the applicant was registered to vote in the state.
(e) For an applicant requesting initial registration by mail, by facsimile or other electronic transmission approved by the director under AS 15.07.050, or by completing a permanent fund dividend application, the director shall verify the information provided in compliance with (a)(2) and (3) of this section through state agency records described in AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this section because the applicant has not been issued any of the listed numbers, the applicant may instead submit a copy of one of the following forms of identification: a driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license.
(f) If an applicant who requests registration cannot comply with the requirement of (a)(2) of this section because the applicant has not been issued any of the listed numbers, the division shall assign the applicant a unique identifying number.

Sec. 15.07.064. Information required for voter registration.    (a) A voter requesting registration or reregistration shall provide the director with sufficient information to determine
(1) the location of the residence of the voter within the district;
(2) the precinct in which the voter is qualified to vote;
(3) the other local or regional election jurisdictions in which the voter is eligible to vote.
(b) In determining the sufficiency of the registration information provided by the voter in an application to register, the director may consider
(1) whether the voter is applying in person, by mail from a location within the state, or by mail from a location outside the state;
(2) the location, size, or density of the population within the municipality, established village, or geographic area in which the voter claims residence;
(3) whether the municipality, established village, or geographic area has been divided into precincts or local or regional election subdivisions;
(4) whether specific locations within the municipality, established village, or geographic area have been identified by street name, subdivisions, or other commonly known official descriptions; or
(5) other circumstances considered significant by the director.
(c) A voter requesting registration in a municipality or established village that has been divided into more than one precinct or that includes more than one section of a local or regional election subdivision shall provide the director with information that describes the location of the residence of the voter. In this subsection, the use of a post office box, a postal service center box, a rural route number, general delivery, or other description identified only as a mailing address does not establish the residence of the voter. In addition to the name of the municipality or established village, the voter shall provide the director with information that describes a physical location that may be
(1) a street name, including a number on the street if one exists;
(2) a highway name and mile post number;
(3) a mobile home court and space number;
(4) a boat harbor and slip number;
(5) the name of a subdivision;
(6) the name of a building, institution, military or other reservation for which the location is fixed; or
(7) another descriptive phrase from which the specific physical location of the residence of the voter within the municipality or established village can be determined.
(d) The director is not required to request a voter who claims residence within a municipality or established village to provide the information required under (c) of this section if
(1) the municipality or established village is entirely within a single precinct; and
(2) a local or regional election subdivision is not divided into sections within the boundaries of the municipality or the area of the established village.
(e) The director shall review the information contained within an application by a voter for registration. The director may not reject an application of a voter who qualifies under (d) of this section because the voter provided information in excess of that required to establish qualifications, including excess information qualifying as a mailing address. The director may consider an application for registration within a municipality or established village described in (d) of this section to comply with law based on other information contained in the application, including evidence that
(1) the application was made in person before a voting registrar, election official, or absentee voting official appointed to serve in the municipality or established village;
(2) the application of a voter registering by mail was postmarked by the postal official in the municipality or established village; and
(3) other information contained in the application does not negate the presumption of residency provided under (a) of this section.
(f) A voter who resides in a building, institution, military or other reservation may establish residency for voting purposes by naming that place instead of naming a municipality or established village. In this subsection the use of a post office box, a postal service center box, a rural route number, general delivery, or other description qualifying as a mailing address does not establish the residence of the voter. The director is not required to request a voter who claims residence by naming the building, institution, military or other reservation to provide the information required under (c) of this section if
(1) the physical location of the place named in the application is fixed; and
(2) the place named in the application is contained within the boundaries of a single precinct.
(g) Notwithstanding (a) – (f) of this section, the director may substitute a mailing address provided by the voter for the permanent fund dividend program under AS 43.23 as the mailing address for the voter on the registration records of the director under procedures specified in regulations of the director if necessary to maintain accuracy of voting registration records.
(h) In this section, “established village” means an unincorporated community that is in
(1) the unorganized borough and that has 25 or more permanent residents; or
(2) an organized borough, has 25 or more permanent residents, and
(A) is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
(B) is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality.

Sec. 15.07.065. Exchange of voter registration information. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.07.070. Procedure for registration.    (a) The director may adopt regulations under AS 44.62 (Administrative Procedure Act) relating to the registration of voters consistent with the requirements of this section and federal law, including 42 U.S.C. 1973gg (National Voter Registration Act of 1993).
(b) To register by mail or by facsimile, scanning, or other electronic transmission approved by the director under AS 15.07.050, the director, the area election supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms prepared by the director on which the registration information required under AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if that person is designated to act on behalf of the voter in a power of attorney, or by a person on behalf of the voter if the voter is physically incapacitated. The director may require proof of identification of the applicant as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act). Upon receipt and approval of the completed registration forms, the director or the election supervisor shall forward to the voter an acknowledgment, and the voter’s name shall immediately be placed on the master register. If the registration is denied, the voter shall immediately be informed in writing that registration was denied and the reason for denial. When identifying information has been provided by the voter as required by this chapter, the election supervisor shall forward to the voter a registration card.
(c) The names of persons submitting completed registration forms by mail that are postmarked at least 30 days before the next election, or submitting completed registration forms by facsimile or other electronic transmission approved by the director under AS 15.07.050 that are received at least 30 days before the next election, shall be placed on the official registration list for that election. If a registration form received by mail less than 30 days before an election does not have a legible and dated postmark, the name of the person submitting the form shall be placed on the official registration list for that election if the form was signed and dated by the person at least 30 days before the election and if the form is received by the director or election supervisor at least 25 days before the election. The name of a person submitting a completed registration form by mail or by facsimile or other electronic transmission that does not meet the applicable requirements of this subsection may not be placed on the official registration list for that election but shall be placed on the master register after that election.
(d) Qualified voters may register in person before a registration official or through a voter registration agency at any time throughout the year, except that a person registering within 30 days preceding an election is not eligible to vote at that election. Upon receipt and approval of the registration forms, the director or the election supervisor shall forward to the voter an acknowledgment in the form of a registration card, and the voter’s name shall immediately be placed on the master register. Names of persons registering 30 or more days before an election shall be placed on the official registration list for that election.
(e) [Repealed, Sec. 38 ch 116 SLA 1972].
(f) Incomplete or inaccurate registration forms may not be accepted. A person who submitted an incomplete or inaccurate registration form may register by reexecuting and resubmitting a registration form in person, by mail, or by facsimile or other electronic transmission approved by the director under AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration form resubmitted under this subsection. Notwithstanding the foregoing, an application made under AS 43.23.015 that contains the information required by AS 15.07.060(a)(1) – (4) and (7) – (9), and an attestation that such information is true, shall not be deemed an incomplete registration form and shall be accepted in accordance with AS 15.07.070(i).
(g) The director shall provide voter registration forms prepared under (b) of this section to voter registration agencies designated under AS 15.07.055 for distribution to the public.
(h) The director shall design the form of the voter’s certificate appearing on the envelope that is used for voting an absentee in-person or questioned ballot so that all information required for registration by AS 15.07.060(a) may be obtained from a voter who votes an absentee in-person or questioned ballot. If the voter voting an absentee in-person or questioned ballot has completed all information on the voter registration portion of the absentee in-person or questioned ballot voter’s certificate, the director shall place the name of the voter on the official registration list.
(i) The division shall register voters who submit an application to receive a permanent fund dividend in accordance with (j) – (m) of this section.
(j) The division shall cooperate with the Department of Revenue under AS 43.23.016 to ensure that the permanent fund dividend application form furnished by the Department of Revenue under AS 43.23.015 allows an applicant, a person who is designated in a power of attorney to act on behalf of an applicant, or a person acting on behalf of a physically disabled applicant to submit voter registration information required under AS 15.07.060(a)(1) – (4) and (7) – (9), and an attestation that such information is true. The director may require proof of identification of the applicant, if not already in the Department of Revenue’s possession, as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act).
(k) Upon receipt of the registration information, the director shall, as soon as practicable and in accordance with a schedule established by the director by rule, notify by United States mail and any other means authorized by the director, each applicant not already registered to vote at the address provided in the applicant’s application
(1) of the processes to
(A) decline to be registered as a voter;
(B) maintain an existing voter registration or be newly registered at a valid place of residence not provided in the applicant’s application; and
(C) adopt a political party affiliation; and
(2) that failure to respond to the notification shall constitute the applicant’s consent to cancel any registration to vote in another jurisdiction.
(l) If an applicant does not decline to be registered as a voter within 30 calendar days after the director issues the notification, the application under AS 43.23.015 will constitute a completed registration form. The name of the applicant shall be placed on the master register if the director determines that the person is qualified to vote under AS 15.05.010, and the director shall forward to the applicant a registration card. If registration is denied, the applicant shall immediately be informed in writing that registration was denied and the reason for denial.
(m) Any person who is not eligible to vote and who becomes registered under this provision through human or mechanical error shall not be found on that basis to have had the intent to unlawfully register to vote.

Sec. 15.07.075. Voters unaffiliated with a political party. The director shall consider a voter to be a voter registered as
(1) “nonpartisan” and without a preference for a political party if the voter registers as nonpartisan on a voter registration form;
(2) “undeclared” if the voter
(A) registers as undeclared on a voter registration form;
(B) fails to declare an affiliation with a political group or political party on a voter registration form; or
(C) declares an affiliation with an entity other than a political party or political group on a voter registration form; or
(3) “other” if the voter declares on a voter registration form an affiliation with a political group.

Sec. 15.07.080. Registration officials to serve during the 1968 primary and general election. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.07.081. Registration officials. The director shall appoint one or more registration officials to serve in each precinct polling place in all elections during the hours the polling places are open. An election official appointed under AS 15.10 may also serve as a registration official.

Sec. 15.07.090. Voting after change of name; reregistration; amendment or transfer of registration.    (a) A voter whose name is changed by marriage or court order may vote under the previous name, but a voter who desires to use a new name shall vote a questioned ballot.
(b) A voter shall reregister if the voter’s registration is cancelled as provided in AS 15.07.130. The reregistration is effective for the next election that occurs at least 30 days after the date of reregistration.
(c) The director shall transfer the registration of a voter from one precinct to another within a house district when requested by the voter. The request shall be made 30 or more days before the election day. The director shall transfer the registration of a voter from one house district to another when requested by the voter. The voter must reside in the new house district for at least 30 days in order to vote.
(d) A person who claims to be a registered voter, but for whom no evidence of registration in the precinct can be found, shall be granted the right to vote in the same manner as that of a questioned voter and the ballot shall be treated in the same manner. The ballot shall be considered to be a “questioned ballot” and shall be so designated. The director or the director’s representative shall determine whether the voter is registered in the house district before counting the ballot. A voter who has failed to obtain a transfer as provided in (c) of this section shall vote a “questioned ballot” in the precinct in which the voter resides.

Sec. 15.07.100. Registration officials.    (a) A registration official shall be a qualified state voter and shall take an oath to honestly, faithfully, and promptly perform the duties of the office.
(b) Training for registration officials shall be provided by the director. On the completion of training, the director may require that officials demonstrate their competence by a test or other method.
(c) A registration official serves at the pleasure of the director. Each registration official shall be periodically evaluated by the director based on the completeness of the registration forms, timely filing of registration forms, and the voter registration activity attributed to the registration official.
(d) A registration official shall transmit completed voter registration forms to the election supervisor within five days following completion by the voter.

Sec. 15.07.110. Payment for registration. [Repealed, Sec. 22 ch. 58 SLA 1995].    Repealed or Renumbered

Sec. 15.07.120. Custody of registers. A master register shall at all times remain in the custody of the director. The person who is the area election supervisor shall likewise maintain a register of all voters within the precincts of the area house district that person supervises.

Sec. 15.07.125. Official registration list. The director shall prepare an official registration list for each election consisting of the names of (1) all voters whose registrations are not inactive; and (2) all voters whose names are required to be placed on the list by AS 15.07.070(c) or (d). A list of persons eligible to vote in each precinct at that election shall be prepared from the official registration list.

Sec. 15.07.127. Preparation of master register. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons whose names appear on the master register and their political party affiliation. Subject to the limitations of AS 15.07.195, any person may obtain a copy of the list, or a part of the list, or an electronic format containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director.

Sec. 15.07.130. Voter registration list maintenance.    (a) Periodically, at times of the director’s choosing, but no less frequently than in January of each calendar year, the director shall examine the master register maintained under AS 15.07.120 and shall send, by nonforwardable mail to the voter’s registration mailing address, a notice requesting address confirmation or correction to each voter
(1) whose mail from the division has been returned to the division in the two years immediately preceding the examination of the register;
(2) who has not contacted the division in the two years immediately preceding the examination of the register; or
(3) who has not voted or appeared to vote in the two general elections immediately preceding the examination of the register.
(b) If a registered voter has not, within the preceding four calendar years, contacted the division and has neither voted nor appeared to vote in a local, regional school board, primary, special, or general election during the last four calendar years and a notice sent to the voter under (a) of this section was returned as undeliverable, the voter shall be advised by a notice sent by forwardable mail to the voter’s last known address that registration will be inactivated unless the voter responds to the notice no later than 45 days after the date of the notice sent under this section. The director shall maintain on the master register the name of a voter whose registration is inactivated. The director shall cancel a voter’s inactive registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, National Voter Registration Act of 1993) after the second general election that occurs after the registration becomes inactive if the voter does not contact the division or vote or appear to vote.
(c) The director shall obtain from the bureau of vital statistics a certified list of all residents over 18 years of age who have died or who have been presumptively declared dead. Promptly after receipt of each list, but, in any event, at least once each month, the director shall cancel the registration of all deceased voters.
(d) The notice sent under (b) of this section must include a postage prepaid and pre-addressed return card on which the voter may state the voter’s current address. The notice must indicate
(1) that the voter should return the card not later than 45 days after the date of the notice if the voter did not change residence;
(2) that failure to return the card by the 45-day deadline could result in removal of the voter’s name from the official registration list for a subsequent election;
(3) that the voter’s registration will be cancelled if the voter does not contact the division during, or vote or appear to vote in an election held during, the period beginning on the date of the notice and ending on the day after the last day of the fourth calendar year that occurs after the date of notice; and
(4) how the voter can continue to be eligible to vote if the voter has changed residence.
(e) For purposes of (b) and (d) of this section, a voter “appears to vote” if
(1) the voter is present at a polling place or at an absentee voting station at a time when the polling place or absentee voting station is operating, for the purpose of casting a vote;
(2) the voter applies to the division to obtain an absentee ballot; or
(3) in an election conducted by mail under AS 15.20.800, a voter who has not received a ballot by mail makes a timely request to the division for a ballot.
(f) For the purpose of this section, a voter “contacts” the division if the voter notifies the division of a change of address, responds to a notice sent under this section, signs a petition for a ballot measure, requests a new voter registration card, or otherwise communicates with the division other than to vote or register to vote.

Sec. 15.07.135. Cancellation of registration of convicted persons.    (a) The director shall make reasonable efforts to obtain the names of persons convicted of a felony involving moral turpitude. Promptly after receipt of evidence satisfactory to the director that a person has been convicted of a felony involving moral turpitude, the director shall cancel the registration of the person.
(b) Upon presenting proof that a person whose registration was canceled under (a) of this section has been unconditionally discharged from custody, the person may register. The director shall make reasonable efforts to verify the unconditional discharge of persons applying for registration under this subsection.

Sec. 15.07.137. Voting information from municipalities. Within 60 days after each election held in a municipality, the municipal clerk shall certify and send to the director the official registration list containing the names, residence addresses, and voter identification numbers of all persons voting in each precinct in that election. The names of the persons who voted in the municipal election shall be indicated on the official registration list sent to the director by the municipal clerk.

Sec. 15.07.140. General administrative supervision by director. The director shall provide general administrative supervision over the registration and reregistration of voters. The director shall, no later than 120 days before any general election, arrange to have the list of registered voters in a usable electronic format provided free of charge to each political party. Upon request by the mayor or manager of a municipality, the director shall furnish registration information for all precincts all or part of which are within the boundaries of the local government unit.

Sec. 15.07.150. Appeals from denial of registration. When a person is refused registration by a registration official, the official shall at the time of the refusal give to the registration applicant, in writing, the reason or reasons for the refusal. The person shall have the right to an immediate appeal to the area election supervisor, which appeal may be taken informally, and either verbally or in writing. When a voter is refused registration by an area election supervisor the action shall be reviewed by the superior court of the judicial district; the area election supervisor shall file a petition with the superior court for a judicial determination. If the petition is filed within 45 days before the date of a statewide election, the petition shall be given precedence over other matters pending before the court.

Sec. 15.07.160. Unlawful action.    (a) Except as provided in AS 15.07.135, a registration official may not refuse to register a person who is qualified to vote under provisions of AS 15.05.010(1) – (3).
(b) A person knowingly lacking the qualifications of a voter may not register under AS 15.07.030 to vote.
(c) [Repealed, Sec. 231 ch 100 SLA 1980].

Sec. 15.07.170. False statements. [Repealed, Sec. 49 ch 86 SLA 1996].    Repealed or Renumbered

Sec. 15.07.180. Fees prohibited. A registration official may not accept a fee from an applicant applying for registration.

Sec. 15.07.190. Violation of AS 15.07.180. A person who violates AS 15.07.180 is guilty of a misdemeanor and upon conviction is punishable by imprisonment for not more than one year, or by a fine of not more than $1,000, or by both.

Sec. 15.07.195. Certain information in voter registration records confidential.    (a) The following information set out in state voter registration records is confidential and is not open to public inspection:
(1) the voter’s age or date of birth;
(2) the voter’s social security number, or any part of that number;
(3) the voter’s driver’s license number;
(4) the voter’s voter identification number;
(5) the voter’s place of birth;
(6) the voter’s signature.
(b) In addition to the information in (a) of this section, a voter may elect in writing to keep the voter’s residential address confidential and not open to public inspection if the voter provides a separate mailing address. However, notwithstanding an election under this subsection, a voter’s residential address may be disclosed to
(1) a watcher appointed under AS 15.10.170 and, in the case of a watcher appointed by an organization or group sponsoring or opposing an initiative, referendum, or recall group, authorized by the director;
(2) an observer of a recount provided under AS 15.20.440(b) by a candidate, political party, or organized group having a direct interest in the recount; or
(3) the subject of a recall election if the voter voted in the recall election.
(c) Notwithstanding other provisions, and in compliance with federal law, information made confidential by this section may be released by the division
(1) to a local, state, or federal government agency, including to the child support services agency created in AS 25.27.010 or the child support enforcement agency of another state; the agency receiving information under this paragraph may use the information only for governmental purposes authorized under law;
(2) in compliance with a court order;
(3) to a person holding a writ of execution against the person or property of the voter;
(4) if the voter about whom information has been requested has provided written consent to the release; or
(5) to another state or an organized group of states for the purpose of ensuring the accuracy of the state’s voter registration list prepared under AS 15.07.125 and the eligibility of persons on the list to vote in state elections, if the other state or organized group of states maintains the confidentiality of the information using information security management policies and procedures that comply with
(A) the information security standards of the International Organization for Standardization; or
(B) a published information security standard used by the state and approved by the Department of Administration.
(d) Nothing in this section shall prohibit the release of a voter’s voter ascension number if that information may be released under other provisions of law.

Sec. 15.07.200. Registration supervision. The registration program is under the supervision of the director in accordance with AS 15.10.105.

Chapter 15.10 ELECTION PRECINCTS, ELECTION OFFICIALS, AND REDISTRICTING

Article 01. ELECTION PRECINCTS AND OFFICIALS Sec. 15.10.010. Precinct boundaries initially established. The state is divided into the election precincts as established for the general election of October 1958, or as subsequently amended as prescribed by law, and shall remain so divided until the precinct boundaries are modified, or the precinct is abolished or a precinct is established as required by the provisions of this title.

Sec. 15.10.020. Precinct boundaries and polling places modified by director.    (a) The director shall have the exclusive power to modify the boundary of a precinct and to establish or abolish a precinct and polling place in the state by regulations adopted under AS 44.62 (Administrative Procedure Act).
(b) [Repealed, Sec. 61 ch 2 FSSLA 2005].

Sec. 15.10.030. Uniform precinct boundaries required for state and local elections. The precinct boundaries established by the director shall be the boundaries for both state and local elections. The director by regulation adopted under AS 44.62 (Administrative Procedure Act) may authorize the combining, consolidation, or altering of precinct boundaries for local elections.

Sec. 15.10.040. Restriction on precinct boundary modification. A precinct may not include territory lying within more than one house district. Whenever practicable, precinct boundaries shall conform to municipal boundaries.

Sec. 15.10.050. General duty and standard for precinct boundary modification. The director shall modify the boundary of a precinct, and shall establish or abolish a precinct if the action serves the convenience of the voters and assures the efficient administration of election laws.

Sec. 15.10.060. Specific duty and standard for precinct boundary modification. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.10.070. Precinct boundary identification. Each precinct shall be given an appropriate name or number and be clearly defined so the boundaries can be readily determined.

Sec. 15.10.080. Dates for designating precinct boundary. The director shall designate boundaries of an election precinct which has been established or modified, not later than 40 days before an election.

Sec. 15.10.090. Notice of precinct boundary or polling place designation and modification. The director shall give full public notice if a precinct is established or abolished, if the boundaries of a precinct are designated, abolished, or modified, or if the location of a polling place is changed. Public notice must include
(1) whenever possible, sending written notice of the change to each affected registered voter in the precinct;
(2) providing notice of the change
(A) by publication once in a local newspaper of general circulation in the precinct; or
(B) if there is not a local newspaper of general circulation in the precinct, by posting written notice in three conspicuous places as close to the precinct as possible; at least one posting location must be in the precinct;
(3) posting notice of the change on the Internet website of the division of elections;
(4) providing notification of the change to the appropriate municipal clerks, community councils, tribal groups, Native villages, and village regional corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement Act); and
(5) inclusion in the official election pamphlet.

Sec. 15.10.100. Judicial review of precinct boundary. Any person aggrieved by a determination of precinct boundaries by the director may bring a civil action to have the determination reviewed in the superior court. If the action receives final determination within 40 days before the election, the director may not make the required modification in precinct boundaries until immediately after the election.

Sec. 15.10.105. Division of elections; personnel rules.    (a) The division of elections is created. The lieutenant governor shall control and supervise the division of elections. The lieutenant governor shall appoint a director of elections. The director shall act for the lieutenant governor in the supervision of central and regional election offices, the hiring, performance evaluation, promotion, termination, and all other matters relating to the employment and training of election personnel, and the administration of all state elections as well as those municipal elections that the state is required to conduct. The director is responsible for the coordination of state responsibilities under 42 U.S.C. 1973gg (National Voter Registration Act of 1993). The director serves at the pleasure of the lieutenant governor.
(b) It is essential that the nonpartisan nature, integrity, credibility, and impartiality of the administration of elections be maintained. To that end,
(1) the director of elections, the election supervisors appointed under AS 15.10.110, and the full-time members of the director’s staff
(A) may not join, support or otherwise participate in a partisan political organization, faction, or activity, including but not limited to the making of political contributions; and
(B) may not hold or campaign for elective office, be an officer of a political party or member or officer of a political committee, permit their name to be used, or make any contributions, in support of or in opposition to a candidate or a ballot proposition or question, participate in any way in a national, state, or local election campaign, or lobby or employ or assist a lobbyist;
(2) the full-time employees of the division of elections, except for the director of elections and the elections supervisors appointed under AS 15.10.110, are subject to the personnel rules adopted under the authority of AS 39.25.150(7), (15), and (16); and
(3) the director of elections, the election supervisors appointed under AS 15.10.110, and the full-time members of the director’s staff may, notwithstanding (1) of this subsection, express private opinion, register as to political party, and vote.

Sec. 15.10.107. Staff training. The director shall, before each primary election in even-numbered years, provide for a comprehensive training program for election officials, both the full-time members of the staff of the division of elections and those who are appointed as members of election boards under AS 15.10.120 – 15.10.140 and other temporary election employees. The director shall prepare and, not later than March 1, file with the lieutenant governor a plan that describes the comprehensive training program for election officials to be provided to those officials during that calendar year.

Sec. 15.10.108. Youth vote ambassador program.    (a) The youth vote ambassador program is established in the division of elections.
(b) In order to serve as a member of the youth vote ambassador program, an individual must
(1) be a student age 16 or older
(A) enrolled in a public or private high school program in this state; or
(B) being educated in the student’s home by a parent or legal guardian in this state under AS 14.30.010(b)(12);
(2) volunteer to serve in the youth vote ambassador program and be appointed to the youth vote ambassador program by the director of elections; and
(3) if appointed, agree to complete a program of training as determined by the director of elections.
(c) An election supervisor may appoint a member of the youth vote ambassador program to serve on a precinct election board appointed under AS 15.10.120. A program member who is appointed to serve on an election board under this subsection serves under the supervision of the chairperson for that board.
(d) A member of the program who is appointed under (c) of this section is compensated as provided in AS 15.15.380 only for service on the election board of the precinct.
(e) A member of the program may provide unpaid volunteer services related to education and outreach on state elections as directed by, and under the supervision of, the director of elections.
(f) In this section, “program” means the youth vote ambassador program.

Sec. 15.10.110. Appointment of election supervisors. The director shall appoint election supervisors, including one in each of the municipalities of Juneau, Anchorage, Fairbanks, and Nome, to assist in the administration of elections in the house districts designated by the director. The director may appoint as an election supervisor a person who is a qualified voter in the area over which the person has jurisdiction and who meets the applicable requirements of AS 15.10.105(b). An election supervisor is entitled to receive compensation in an amount that is comparable to that received for similar state employment as determined by the director.

Sec. 15.10.120. Appointment of election board.    (a) An election supervisor shall appoint in each precinct within the election supervisor’s district an election board composed of at least three qualified voters registered to vote in that precinct. If the election supervisor is unable to locate three qualified individuals registered to vote in that precinct who are willing and able to serve on the election board, the election supervisor may appoint any qualified individual registered to vote in the house district in which the precinct is located. If the election supervisor is unable to locate three qualified individuals registered to vote in the precinct or in the district who are willing and able to serve on the election board, the election supervisor may appoint any qualified individual registered to vote in this state. In addition to the three qualified voters registered to vote in the precinct, district, or state, an election supervisor may also appoint not more than two members of the youth vote ambassador program established in AS 15.10.108 to serve on a precinct election board.
(b) On or before April 15 in each regular election year, or at least 60 days before a special election, a party district committee or state party central committee of each political party may nominate two candidates for each election board. Nominations shall be presented in writing to the election supervisor for the district in which the precinct is located.
(c) An election supervisor shall appoint one nominee of the political party of which the governor is a member and one nominee of the political party that received the second largest number of votes statewide in the preceding gubernatorial election. If a party district committee or state party central committee of the party of which the governor is a member or the party that received the second largest number of votes statewide in the preceding gubernatorial election fails to present the names prescribed by (b) of this section by April 15 of a regular election year or at least 60 days before a special election, the election supervisor may appoint any qualified individual registered to vote.
(d) An election supervisor shall appoint a chairperson for each election board within the election supervisor’s district.
(e) When appointments to the election board have been accepted by the respective appointees, the election supervisor shall notify the director of the names and mailing addresses of the designated chairperson and other election board officials.
(f) For a municipal election in which voters cast ballots at polling places in their precincts, election boards shall be appointed by the appropriate municipality.

Sec. 15.10.125. Appointment of additional election boards. In each precinct having 200 or more voters additional election boards may be appointed.

Sec. 15.10.130. Appointment of clerks. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.10.140. Appointment of counters. The chairperson of the election board may appoint a team of counters to assist with the counting of the ballots in each precinct where the election supervisor considers it necessary. The appointments may be made from among the qualified voters in the precincts in which they reside, and may be made at any time before the completion of the precinct count. There shall be four counters on each counting team, no more than two of whom may be of the same political party.

Sec. 15.10.150. Appointment of nominees for judges and clerks. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.10.160. Date and notice of appointment of election board. [Repealed, Sec. 9 ch 136 SLA 1966].    Repealed or Renumbered

Sec. 15.10.170. Appointment and privileges of watchers.    (a) The precinct party committee, where an organized precinct committee exists, or the party district committee where no organized precinct committee exists, or the state party chairperson where neither a precinct nor a party district committee exists, may appoint one or more persons as watchers in each precinct and counting center for any election. Each candidate not representing a political party may appoint one or more watchers for each precinct or counting center in the candidate’s respective district or the state for any election. Any organization or organized group that sponsors or opposes an initiative, referendum, or recall may have one or more persons as watchers at the polls and counting centers after first obtaining authorization from the director. A state party chairperson, a precinct party committee, a party district committee, or a candidate not representing a political party or organization or organized group may not have more than one watcher on duty at a time in any precinct or counting center. A watcher must be a United States citizen. The watcher may be present at a position inside the place of voting or counting that affords a full view of all action of the election officials taken from the time the polls are opened until the ballots are finally counted and the results certified by the election board or the data processing review board. The election board or the data processing review board may require each watcher to present written proof showing appointment by the precinct party committee, the party district committee, the organization or organized group, or the candidate the watcher represents that is signed by the chairperson of the precinct party committee, the party district committee, the state party chairperson, the organization or organized group, or the candidate representing no party.
(b) In addition to the watchers appointed under (a) of this section, in a primary election, special election under AS 15.40.140, or special runoff election under AS 15.40.141, each candidate may appoint one watcher in each precinct and counting center.

Sec. 15.10.180. Appointment of state ballot counting review board. The director shall appoint two persons from the political party of which the governor is a member and two persons from the political party that received the second largest number of votes statewide in the preceding gubernatorial election to participate in the state ballot counting review. The director may appoint additional individuals to participate in the state ballot counting review. Appointees must be United States citizens. Each political party may present to the director a list of three or more names from which the director shall select the persons to represent the party. The list of names may be submitted in writing at least 30 days before the date of the election. The list of names shall be certified by the state chairperson of the political party or by the person authorized by the party bylaws to act in the absence of the chairperson.

Article 02. CENSUS AND POPULATION Sec. 15.10.200. Definition of “decennial census of the United States” and use of census numbers by redistricting board.    (a) In art. VI, Constitution of the State of Alaska, reference to the official decennial census of the United States is a reference to the census enumeration used to establish apportionment among the several states.
(b) In adopting a redistricting plan under art. VI, Constitution of the State of Alaska, the redistricting board may not adjust the census numbers by using estimates, population surveys, or sampling for the purpose of excluding or discriminating among persons counted based on race, religion, color, national origin, sex, age, occupation, military or civilian status, or length of residency.
(c) A qualified voter may bring an action in the superior court against the redistricting board to enforce the provisions of (b) of this section.

Sec. 15.10.210. Expenditures for population surveys or sampling prohibited. An expenditure of public funds may not be made for a population survey or sampling conducted for purposes of redistricting the legislature without an express appropriation by the legislature for that purpose.

Sec. 15.10.220. Voting Rights Act review and legal representation.    (a) The independent legal counsel for the Redistricting Board provided for in art. VI, sec. 9, Constitution of the State of Alaska, shall
(1) submit the board’s redistricting plan for preclearance to the United States Department of Justice or the United States District Court for the District of Columbia under 42 U.S.C. 1973c; and
(2) defend the plan and board in all matters concerning redistricting until a final plan for redistricting and a proclamation of redistricting have been adopted and all challenges to them brought under art. VI, sec. 11, Constitution of the State of Alaska, have been resolved after final remand or affirmation; the board shall have sole discretion to enter a settlement agreement and control litigation strategy that affects the final proclamation issued under art. VI, sec. 10, Constitution of the State of Alaska.
(b) Nothing in this section denies or creates standing in the governor, the legislature, or another person to be a party to the proceedings described in subsection (a).

Article 03. REDISTRICTING Sec. 15.10.300. Preparation for legislative redistricting.    (a) There is created as an independent agency of the state the Redistricting Planning Committee. The committee shall be composed of five members. One member shall be appointed by the president of the senate, one member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the chief justice of the Alaska Supreme Court, and two members shall be appointed by the governor.
(b) Four members of the committee constitute a quorum to transact business. Meetings of the committee are subject to AS 44.62.310.
(c) The committee may make necessary preparations and arrangements for the Redistricting Board provided for in art. VI, sec. 8, Constitution of the State of Alaska. The committee may arrange for office space for the board and its staff before the convening of the board, including the leasing of appropriate facilities and office equipment.
(d) The committee may compile or contract for the compilation of information necessary for the Redistricting Board to begin its work, including
(1) paper maps or a computer data base received from the United States Bureau of the Census describing all units of census geography;
(2) a computer data base of election and voter registration information from the division of elections to assist the Redistricting Board in determining compliance with 42 U.S.C. 1973-1973l (Voting Rights Act of 1965, as amended) and other statutory and constitutional requirements;
(3) information indicating the location of cultural, economic, geographic, demographic, and trade area factors in the state; and
(4) information or analysis of state and federal court decisions concerning reapportionment.
(e) The committee shall develop and issue a request for competitive sealed proposals to procure a computerized system that uses census data and maps to prepare plans for state senate and house districts in conformity with statutory and constitutional criteria and within applicable time constraints. The committee may award a contract for the acquisition of computer software and hardware and for the provision of computer services to the responsible and responsive offeror whose proposal is determined to be the most advantageous to the state, taking into consideration price and evaluation factors set out in the request for proposals. The computer system must be developed so that it is available for use by the Redistricting Board immediately upon the board’s convening.
(f) The committee may seek assistance as necessary from the legislative council, the Department of Administration, the Department of Labor and Workforce Development, the Department of Law, and the division of elections.
(g) In the event that the committee is determined to be unlawful, the legislative council shall assume the committee’s responsibilities and perform its duties as described in this section.
(h) In this section, “committee” means the Redistricting Planning Committee.

Chapter 15.13 STATE ELECTION CAMPAIGNS

Sec. 15.13.010. Applicability.    (a) This chapter applies
(1) in every election for governor, lieutenant governor, a member of the state legislature, a delegate to a constitutional convention, or judge seeking judicial retention;
(2) to every candidate for election to a municipal office in a municipality with a population of more than 1,000 inhabitants according to the latest United States census figures or estimates of population certified as correct for administrative purposes by the Department of Commerce, Community, and Economic Development unless the municipality has exempted itself from the provisions of this chapter; a municipality may exempt its elected municipal officers from the requirements of this chapter if a majority of the voters voting on the question at a regular election, as defined by AS 29.71.800(20), or a special municipality-wide election called for that purpose, votes to exempt its elected municipal officers from the requirements of this chapter; the question of exemption from the requirements of this chapter may be submitted by the governing body by ordinance or by initiative election.
(b) Except as otherwise provided, this chapter applies to contributions, expenditures, and communications made for the purpose of influencing the outcome of a ballot proposition or question as well as those made to influence the nomination or election of a candidate.
(c) This chapter does not prohibit a municipality from regulating by ordinance election campaign contributions and expenditures in municipal elections, or from regulating those campaign contributions and expenditures more strictly than provided in this chapter.
(d) This chapter does not limit the authority of a person to make contributions to influence the outcome of a voter proposition submitted to the public for a vote at a municipal election. In this subsection, in addition to its meaning under AS 15.13.065(c), “proposition” means a municipal reclassification, proposal to adopt or amend a home rule charter, a unification proposal, a boundary change proposal, or the approval of an ordinance when approval by public vote is a requirement for the ordinance.

Sec. 15.13.011. Inapplicability to presidential primary. [Repealed, Sec. 1 ch 2 SLA 1984].    Repealed or Renumbered

Sec. 15.13.020. Alaska Public Offices Commission.    (a) There is created in the Department of Administration the Alaska Public Offices Commission consisting of five members. The governor shall appoint all members of the commission in the manner prescribed in (b) and (c) of this section, subject to confirmation by a majority of the legislature meeting in joint session.
(b) The governor shall appoint two members of each of the two political parties whose candidate for governor received the highest number of votes in the most recent preceding general election at which a governor was elected. The two appointees from each of these two parties shall be chosen from a list of four names to be submitted by the central committee of each party.
(c) The four members selected under (b) of this section shall, by a majority vote, nominate to the governor an individual to serve as the fifth member of the commission. The governor shall either appoint the nominee to the commission, or shall reject the nominee and request those four members to nominate another individual to serve as the fifth member of the commission.
(d) Members of the commission serve staggered terms of five years, or until a successor is appointed and qualifies. The terms of no two members who are members of the same political party may expire in consecutive years. A member may not serve more than one term. However, a person appointed to fill the unexpired term of a predecessor may be appointed to a successive full five-year term.
(e) A member of the commission, during tenure, may not
(1) hold or campaign for elective office;
(2) be an officer of a political party, political committee, or group;
(3) permit the member’s name to be used, or make any contributions whatsoever, in support of or in opposition to a candidate or proposition or question that appears on any ballot in the state including but not limited to that of a municipality; however, contributions may be made to a candidate for the office of President of the United States;
(4) participate in any way in an election campaign or participate in or contribute to any political party; or
(5) lobby, employ or assist a lobbyist.
(f) Members of the commission shall receive compensation of $50 a day while attending commission meetings and shall be entitled to travel expenses and per diem authorized by law for members of other boards and commissions.
(g) The members shall elect a chairperson. Three members of the commission constitute a quorum. A vacancy does not impair the powers of the remaining members to exercise all of the powers of the commission.
(h) A vacancy on the commission shall be filled through the appropriate appointing method for the position within 30 days after the occurrence of the vacancy. Except as provided in AS 39.05.080(4), the appointee shall serve for the remaining term of the appointee’s predecessor.
(i) The commission may employ an executive director and other employees it considers necessary. Neither the executive director nor an employee may have a vote.
(j) The commission shall establish an office, which may be called a regional office, in each senate district in the state to keep on file for public inspection copies of all reports filed with the commission by candidates for statewide office and by candidates for legislative office in that district; however, where one municipality contains more than one house district, only one commission office shall be established in that municipality. The regional office shall make all forms and pertinent material available to candidates. All reports shall be filed by candidates, groups, and individuals directly with the commission’s central district office. The commission shall ensure that copies of all reports by statewide and legislative candidates in each senate district are forwarded promptly to that district or regional office.
(k) The commission shall ensure that copies of reports filed by candidates for municipal office are made available for public inspection in the appropriate municipality.

Sec. 15.13.030. Duties of the commission. The commission shall
(1) develop and provide all forms for the reports and statements required to be made under this chapter, AS 24.45, and AS 39.50;
(2) prepare and publish a manual setting out uniform methods of bookkeeping and reporting for use by persons required to make reports and statements under this chapter and otherwise assist all persons in complying with the requirements of this chapter;
(3) receive and hold open for public inspection reports and statements required to be made under this chapter and, upon request, furnish copies at cost to interested persons;
(4) compile and maintain a current list of all filed reports and statements;
(5) prepare a summary of each report filed under AS 15.13.110 and make copies of this summary available to interested persons at their actual cost;
(6) notify, by registered or certified mail, all persons who are delinquent in filing reports and statements required to be made under this chapter;
(7) examine, investigate, and compare all reports, statements, and actions required by this chapter, AS 24.45, and AS 39.50;
(8) prepare and publish a biennial report concerning the activities of the commission, the effectiveness of this chapter, its enforcement by the attorney general’s office, and recommendations and proposals for change; the commission shall notify the legislature that the report is available;
(9) adopt regulations necessary to implement and clarify the provisions of AS 24.45, AS 39.50, and this chapter, subject to the provisions of AS 44.62 (Administrative Procedure Act); and
(10) consider a written request for an advisory opinion concerning the application of this chapter, AS 24.45, AS 24.60.200 – 24.60.260, or AS 39.50.

Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported.    (a) Except as provided in (g) and (l) of this section, each candidate shall make a full report, upon a form prescribed by the commission,
(1) listing
(A) the date and amount of all expenditures made by the candidate;
(B) the total amount of all contributions, including all funds contributed by the candidate;
(C) the name, address, date, and amount contributed by each contributor; and
(D) for contributions in excess of $50 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and
(2) filed in accordance with AS 15.13.110 and certified correct by the candidate or campaign treasurer.
(b) Each group shall make a full report upon a form prescribed by the commission, listing
(1) the name and address of each officer and director;
(2) the aggregate amount of all contributions made to it; and, for all contributions in excess of $100 in the aggregate a year, the name, address, principal occupation, and employer of the contributor, and the date and amount contributed by each contributor; for purposes of this paragraph, “contributor” means the true source of the funds, property, or services being contributed; and
(3) the date and amount of all contributions made by it and all expenditures made, incurred, or authorized by it.
(c) The report required under (b) of this section shall be filed in accordance with AS 15.13.110 and shall be certified as correct by the group’s treasurer.
(d) Every person making an independent expenditure shall make a full report of expenditures made and contributions received, upon a form prescribed by the commission, unless exempt from reporting.
(e) Each person required to report under (d) of this section shall file a full report in accordance with AS 15.13.110(h) on a form prescribed by the commission. The report must contain
(1) the name, address, principal occupation, and employer of the individual filing the report;
(2) an itemized list of all expenditures made, incurred, or authorized by the person;
(3) the name of the candidate or the title of the ballot proposition or question supported or opposed by each expenditure and whether the expenditure is made to support or oppose the candidate or ballot proposition or question;
(4) the name and address of each officer and director, when applicable;
(5) the aggregate amount of all contributions made to the person, if any, for the purpose of influencing the outcome of an election; for all contributions, the date of the contribution and amount contributed by each contributor; and, for a contributor
(A) who is an individual, the name and address of the contributor and, for contributions in excess of $50 in the aggregate during a calendar year, the name, address, principal occupation, and employer of the contributor; or
(B) that is not an individual, the name and address of the contributor and the name and address of each officer and director of the contributor.
(f) During each year in which an election occurs, all businesses, persons, or groups that furnish any of the following services, facilities, or supplies to a candidate or group shall maintain a record of each transaction: newspapers, radio, television, advertising, advertising agency services, accounting, billboards, printing, secretarial, public opinion polls, or research and professional campaign consultation or management, media production or preparation, or computer services. Records of provision of services, facilities, or supplies shall be available for inspection by the commission.
(g) The provisions of (a) and (l) of this section do not apply to a delegate to a constitutional convention, a judge seeking judicial retention, or a candidate for election to a municipal office under AS 15.13.010, if that delegate, judge, or candidate
(1) indicates, on a form prescribed by the commission, an intent not to raise and not to expend more than $5,000 in seeking election to office, including both the primary and general elections;
(2) accepts contributions totaling not more than $5,000 in seeking election to office, including both the primary and general elections; and
(3) makes expenditures totaling not more than $5,000 in seeking election to office, including both the primary and general elections.
(h) The provisions of (d) of this section do not apply to one or more expenditures made by an individual acting independently of any other person if the expenditures
(1) cumulatively do not exceed $500 during a calendar year; and
(2) are made only for billboards, signs, or printed material concerning a ballot proposition as that term is defined by AS 15.13.065(c).
(i) The permission of the owner of real or personal property to post political signs, including bumper stickers, or to use space for an event or to store campaign-related materials is not considered to be a contribution to a candidate under this chapter unless the owner customarily charges a fee or receives payment for that activity. The fact that the owner customarily charges a fee or receives payment for posting signs that are not political signs is not determinative of whether the owner customarily does so for political signs.
(j) Except as provided in (l) of this section, each nongroup entity shall make a full report in accordance with AS 15.13.110 upon a form prescribed by the commission and certified by the nongroup entity’s treasurer, listing
(1) the name and address of each officer and director of the nongroup entity;
(2) the aggregate amount of all contributions made to the nongroup entity for the purpose of influencing the outcome of an election;
(3) for all contributions described in (2) of this subsection, the name, address, date, and amount contributed by each contributor and, for all contributions described in (2) of this subsection in excess of $250 in the aggregate during a calendar year, the principal occupation and employer of the contributor; and
(4) the date and amount of all contributions made by the nongroup entity, and, except as provided for certain independent expenditures in AS 15.13.135(a), all expenditures made, incurred, or authorized by the nongroup entity, for the purpose of influencing the outcome of an election; a nongroup entity shall report contributions made to a different nongroup entity for the purpose of influencing the outcome of an election and expenditures made on behalf of a different nongroup entity for the purpose of influencing the outcome of an election as soon as the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election reach $500 in a year and for all subsequent contributions and expenditures to that nongroup entity in a year whenever the total contributions and expenditures to that nongroup entity for the purpose of influencing the outcome of an election that have not been reported under this paragraph reach $500.
(k) Every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of influencing the outcome of a proposition, and every individual, person, nongroup entity, or group contributing a total of $500 or more to a group organized for the principal purpose of filing an initiative proposal application under AS 15.45.020 or that has filed an initiative proposal application under AS 15.45.020, shall report the contribution or contributions on a form prescribed by the commission not later than 30 days after the contribution that requires the contributor to report under this subsection is made. The report must include the name, address, principal occupation, and employer of the individual filing the report and the amount of the contribution, as well as the total amount of contributions made to that group by that individual, person, nongroup entity, or group during the calendar year.
(l) Notwithstanding (a), (b), and (j) of this section, for any fund-raising activity in which contributions are in amounts or values that do not exceed $50 a person, the candidate, group, or nongroup entity shall report contributions and expenditures and supplying of services under this subsection as follows:
(1) a report under this subsection must
(A) describe the fund-raising activity;
(B) include the number of persons making contributions and the total proceeds from the activity;
(C) report all contributions made for the fund-raising activity that do not exceed $50 a person in amount or value; if a contribution for the fund-raising activity exceeds $50, the contribution shall be reported under (a), (b), and (j) of this section;
(2) for purposes of this subsection,
(A) “contribution” means a cash donation, a purchase such as the purchase of a ticket, the purchase of goods or services offered for sale at a fund-raising activity, or a donation of goods or services for the fund-raising activity;
(B) “fund-raising activity” means an activity, event, or sale of goods undertaken by a candidate, group, or nongroup entity in which contributions are $50 a person or less in amount or value.
(m) Information required under this chapter shall be submitted to the commission electronically, except that the following information may be submitted in clear and legible black typeface or hand-printed in dark ink on paper in a format approved by the commission or on forms provided by the commission:
(1) information submitted by
(A) a candidate for election to a borough or city office of mayor, membership on a borough assembly, city council, or school board, or any state office, who
(i) meets the requirements of (g)(1) – (3) of this section; or
(ii) does not have reasonable access to the technology necessary to file electronically; in this sub-subparagraph, a candidate is considered not to have reasonable access to the technology necessary to file electronically if the candidate does not own a personal computer or does not have broadband Internet access at the candidate’s residence; in this sub-subparagraph, “broadband Internet access” means high-speed Internet access that is always on and that is faster than traditional dial-up access; or
(B) a candidate for municipal office for a municipality with a population of less than 15,000; in this subparagraph, “municipal office” means the office of an elected borough or city
(i) mayor; or
(ii) assembly, council, or school board member;
(2) any information if the commission determines that circumstances warrant an exception to the electronic submission requirement.
(n) The commission shall print the forms to be provided under this chapter so that the front and back of each page have the same orientation when the page is rotated on the vertical axis of the page.
(o) Information required by this chapter that is submitted to the commission on paper and not electronically shall be electronically scanned and published on the Internet by the commission, in a format accessible to the general public, within two working days after the commission receives the information.
(p) Notwithstanding the requirement in (a) of this section that a candidate shall make a full report upon a form prescribed by the commission, the commission shall accept information submitted electronically by a candidate if the information is
(1) entered onto a version of a form accessed on the Internet website of the commission; or
(2) in the form of an electronic spreadsheet or data file that contains field names and data types that conform to a standard defined by the commission.
(q) For purposes of (b), (e), and (j) of this section, “contributor” means the true source of the funds, property, or services being contributed.
(r) For purposes of (e) of this section,
(1) “director” means a member of the board of directors of a corporation or any person performing a similar function with respect to any organization;
(2) “officer” means a president, vice-president, secretary, treasurer, principal financial officer, or comptroller of a corporation, or any person routinely performing functions similar to those of a president, vice-president, secretary, treasurer, principal financial officer, or comptroller with respect to any organization.

Sec. 15.13.045. Investigations, hearings.    (a) The commission may issue subpoenas, administer oaths, hold hearings, and conduct investigations.
(b) In conjunction with (a) of this section, the commission may compel the attendance of witnesses and production of papers, books, records, accounts, documents, and testimony, and may have the deposition of witnesses taken in a manner prescribed by court rule or law for the taking of depositions in civil actions when consistent with the powers and duties assigned to the commission by this chapter.
(c) The commission may examine the papers, books, records, accounts, and documents of any person subject to this chapter to ascertain the correctness of a report filed with the commission, or in conjunction with an investigation or inspection conducted under (a) of this section.
(d) Subpoenas may be issued and shall be served in the manner prescribed by AS 44.62.430 and court rule. The failure, refusal, or neglect to obey a subpoena is punishable as contempt in the manner prescribed by law or court rule. The superior court may compel obedience to the commission’s subpoena in the same manner as prescribed for obedience to a subpoena issued by the court.

Sec. 15.13.050. Registration before expenditure.    (a) Before making an expenditure in support of or in opposition to a candidate or before making an expenditure in support of or in opposition to a ballot proposition or question or to an initiative proposal application filed with the lieutenant governor under AS 15.45.020, each person other than an individual shall register, on forms provided by the commission, with the commission.
(b) If a group intends to support only one candidate or to contribute to or expend on behalf of one candidate 33 1/3 percent or more of its funds, the name of the candidate shall be a part of the name of the group. If the group intends to oppose only one candidate or to contribute its funds in opposition to or make expenditures in opposition to a candidate, the group’s name must clearly state that it opposes that candidate by using a word such as “opposes,” “opposing,” “in opposition to,” or “against” in the group’s name. Promptly upon receiving the registration, the commission shall notify the candidate of the group’s organization and intent. A candidate may register more than one group to support the candidate; however, multiple groups controlled by a single candidate shall be treated as a single group for purposes of the contribution limit in AS 15.13.070(b)(1).
(c) If a group intends to make more than 50 percent of its contributions or expenditures in support of or in opposition to a single initiative on the ballot, the title or common name of the initiative must be a part of the name of the group. If the group intends to make more than 50 percent of its contributions or expenditures in opposition to a single initiative on the ballot, the group’s name must clearly state that the group opposes that initiative by using a word such as “opposes,” “opposing,” “in opposition to,” or “against” in the group’s name.

Sec. 15.13.052. Independent expenditures; political activities accounts.    (a) Before making an independent expenditure in support of or in opposition to a candidate or before making an independent expenditure in support of or in opposition to a ballot proposition or question, each person other than an individual, candidate, or nongroup entity with an annual operating budget of $250 or less shall establish a political activities account. The political activities account may be a separate account in the person’s general treasury. The political activities account must be administered using generally accepted accounting principles. All funds used by the person to make independent expenditures must be drawn from the person’s political activities account.
(b) Records necessary to substantiate that the requirements of (a) of this section have been met must be made available for inspection by the commission.
(c) Each person who has established a political activities account under this section shall preserve all records necessary to substantiate the person’s compliance with the requirements of this section for each of the six preceding years.

Sec. 15.13.060. Campaign treasurers.    (a) Each candidate and group shall appoint a campaign treasurer who is responsible for receiving, holding, and disbursing all contributions and expenditures, and for filing all reports and statements required by law. A candidate may be a campaign treasurer.
(b) Each group shall file the name and address of its campaign treasurer with the commission at the time it registers with the commission under AS 15.13.050.
(c) Each candidate for state office shall file the name and address of the campaign treasurer with the commission, or submit, in writing, the name and address of the campaign treasurer to the director for filing with the commission, no later than 15 days after the date of filing the declaration of candidacy or the nominating petition. Each candidate for municipal office shall file the name and address of the campaign treasurer with the commission no later than seven days after the date of filing the declaration of candidacy or the nominating petition. If the candidate does not designate a campaign treasurer, the candidate is the campaign treasurer.
(d) In the case of the death, resignation, or removal of a campaign treasurer, the candidate shall appoint a successor as soon as practicable and file the successor’s name and address with the commission within 48 hours of the appointment. The candidate is disqualified if found to have been in wilful violation of this subsection.
(e) A campaign treasurer may appoint as many deputy campaign treasurers as necessary. The candidate shall file the names and addresses of the deputy campaign treasurers with the commission.
(f) The candidate is responsible for the performance of the campaign treasurer, and any default or violation by the treasurer also shall be considered a default or violation by the candidate if the candidate knew or had reason to know of the default or violation.

Sec. 15.13.065. Contributions.    (a) Individuals, groups, nongroup entities, and political parties may make contributions to a candidate. An individual, group, or nongroup entity may make a contribution to a group, to a nongroup entity, or to a political party.
(b) A political party may contribute to a subordinate unit of the political party, and a subordinate unit of a political party may contribute to the political party of which it is a subordinate unit.
(c) Except for reports required by AS 15.13.040 and 15.13.110 and except for the requirements of AS 15.13.050, 15.13.060, and 15.13.112 – 15.13.114, the provisions of AS 15.13.010 – 15.13.116 do not apply to limit the authority of a person to make contributions to influence the outcome of a ballot proposition. In this subsection, in addition to its meaning in AS 15.80.010, “proposition” includes
(1) an issue placed on a ballot to determine whether
(A) a constitutional convention shall be called;
(B) a debt shall be contracted;
(C) an advisory question shall be approved or rejected; or
(D) a municipality shall be incorporated;
(2) an initiative proposal application filed with the lieutenant governor under AS 15.45.020.

Sec. 15.13.067. Who may make expenditures. Only the following may make an expenditure that is not an independent expenditure in an election for candidates for elective office:
(1) the candidate;
(2) an individual;
(3) a group that has registered under AS 15.13.050; and
(4) a nongroup entity that has registered under AS 15.13.050.

Sec. 15.13.068. Expenditures and contributions by foreign nationals.    (a) A foreign national may not, directly or indirectly, in connection with an election under this chapter, make a contribution or expenditure or make an express or implied promise to make a contribution or expenditure.
(b) The provisions of this section prohibit a foreign national from making a contribution or expenditure in connection with a state election only to the extent
(1) that federal law prohibits a foreign national from making a contribution or expenditure in connection with a state election; and
(2) permitted by federal law.
(c) In this section, “foreign national” includes
(1) an individual who is not a United States citizen or lawfully admitted for permanent residence under 8 U.S.C. 1101(a)(20);
(2) a foreign government, every political subdivision of a foreign government, every official, agent, or representative of a foreign government, and every agency, corporation, or instrumentality of the foreign government or of a political subdivision of a foreign government;
(3) a person outside of the United States, unless it is established that the person is an individual and a citizen of and domiciled in the United States, or that the person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business in the United States; or
(4) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.

Sec. 15.13.069. Certain expenditures that comply with charitable gaming provisions permitted. Notwithstanding another provision of this title, a charitable gaming permittee that is a qualified organization under AS 05.15.690 may use the net proceeds of a raffle or lottery to make expenditures for the purposes permitted under AS 05.15.150(a)(3).

Sec. 15.13.070. Limitations on amount of political contributions.    (a) An individual or group may make contributions, subject only to the limitations of this chapter and AS 24.45, including the limitations on the maximum amounts set out in this section.
(b) An individual may contribute not more than
(1) $500 per year to a nongroup entity for the purpose of influencing the nomination or election of a candidate, to a candidate, to an individual who conducts a write-in campaign as a candidate, or to a group that is not a political party;
(2) $5,000 per year to a political party.
(c) A group that is not a political party may contribute not more than $1,000 per year
(1) to a candidate, or to an individual who conducts a write-in campaign as a candidate;
(2) to another group, to a nongroup entity, or to a political party.
(d) A political party may contribute to a candidate, or to an individual who conducts a write-in campaign, for the following offices an amount not to exceed
(1) $100,000 per year, if the election is for governor or lieutenant governor;
(2) $15,000 per year, if the election is for the state senate;
(3) $10,000 per year, if the election is for the state house of representatives; and
(4) $5,000 per year, if the election is for
(A) delegate to a constitutional convention;
(B) judge seeking retention; or
(C) municipal office.
(e) This section does not prohibit a candidate from using up to a total of $1,000 from campaign contributions in a year to pay the cost of
(1) attendance by a candidate or guests of the candidate at an event or other function sponsored by a political party or by a subordinate unit of a political party;
(2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; or
(3) co-sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party.
(f) A nongroup entity may contribute not more than $1,000 a year to another nongroup entity for the purpose of influencing the nomination or election of a candidate, to a candidate, to an individual who conducts a write-in campaign as a candidate, to a group, or to a political party.

Sec. 15.13.072. Restrictions on solicitation and acceptance of contributions.    (a) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 may not solicit or accept a contribution from
(1) a person not authorized by law to make a contribution;
(2) an individual who is not a resident of the state at the time the contribution is made, except as provided in (e) of this section;
(3) a group organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made; or
(4) a person registered as a lobbyist if the contribution violates AS 15.13.074(g) or AS 24.45.121(a)(8).
(b) A candidate or an individual who has filed with the commission the document necessary to permit the individual to incur election-related expenses under AS 15.13.100, or a group, may not solicit or accept a cash contribution that exceeds $100.
(c) An individual, or one acting directly or indirectly on behalf of that individual, may not solicit or accept a contribution
(1) before the date for which contributions may be made as determined under AS 15.13.074(c); or
(2) later than the day after which contributions may not be made as determined under AS 15.13.074(c).
(d) While the legislature is convened in a regular or special legislative session, a legislator or legislative employee may not solicit or accept a contribution to be used for the purpose of influencing the outcome of an election under this chapter unless
(1) it is an election in which the legislator or legislative employee is a candidate and the contribution is for that legislator’s or legislative employee’s campaign;
(2) the solicitation or acceptance occurs during the 90 days immediately preceding that election; and
(3) the solicitation or acceptance occurs in a place other than the capital city or a municipality in which the legislature is convened in special session if the legislature is convened in a municipality other than the capital city.
(e) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made if the amounts contributed by individuals who are not residents do not exceed
(1) $20,000 a calendar year, if the candidate or individual is seeking the office of governor or lieutenant governor;
(2) $5,000 a calendar year, if the candidate or individual is seeking the office of state senator;
(3) $3,000 a calendar year, if the candidate or individual is seeking the office of state representative or municipal or other office.
(f) A group or political party may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made, but the amounts accepted from individuals who are not residents may not exceed 10 percent of total contributions made to the group or political party during the calendar or group year in which the contributions are received.
(g) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 for election or reelection to the office of governor or lieutenant governor may not solicit or accept a contribution in the capital city while the legislature is convened in a regular or special legislative session.
(h) A nongroup entity may solicit or accept contributions for the purpose of influencing the nomination or election of a candidate from an individual who is not a resident of the state at the time the contribution is made or from an entity organized under the laws of another state, resident in another state, or whose participants are not residents of this state at the time the contribution is made. The amounts accepted by the nongroup entity from these individuals and entities for the purpose of influencing the nomination or election of a candidate may not exceed 10 percent of total contributions made to the nongroup entity for the purpose of influencing the nomination or election of a candidate during the calendar year in which the contributions are received.

Sec. 15.13.074. Prohibited contributions.    (a) A person, group, or nongroup entity may not make a contribution if the making of the contribution would violate this chapter.
(b) A person or group may not make a contribution anonymously, using a fictitious name, or using the name of another.
(c) A person or group may not make a contribution
(1) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 when the office is to be filled at a general election before the date that is 18 months before the general election;
(2) to a candidate or an individual who files with the commission the document necessary to permit that individual to incur certain election-related expenses as authorized by AS 15.13.100 for an office that is to be filled at a special election or municipal election before the date that is 18 months before the date of the regular municipal election or that is before the date of the proclamation of the special election at which the candidate or individual seeks election to public office; or
(3) to any candidate later than the 45th day
(A) after the date of the primary election if the candidate was on the ballot and was not nominated at the primary election; or
(B) after the date of the general election, or after the date of a municipal or municipal runoff election.
(d) A person or group may not make a contribution to a candidate or a person or group who is prohibited by AS 15.13.072(c) from accepting it.
(e) A person or group may not make a cash contribution that exceeds $100.
(f) A corporation, company, partnership, firm, association, entity recognized as tax-exempt under 26 U.S.C. 501(c)(3) (Internal Revenue Code), organization, business trust or surety, labor union, or publicly funded entity that does not satisfy the definition of group or nongroup entity in AS 15.13.400 may not make a contribution to a candidate, group, or nongroup entity.
(g) An individual required to register as a lobbyist under AS 24.45 may not make a contribution to a candidate for the legislature at any time the individual is subject to the registration requirement under AS 24.45 and for one year after the date of the individual’s initial registration or its renewal. However, the individual may make a contribution under this section to a candidate for the legislature in a district in which the individual is eligible to vote or will be eligible to vote on the date of the election. An individual who is subject to the restrictions of this subsection shall report to the commission, on a form provided by the commission, each contribution made while required to register as a lobbyist under AS 24.45. Upon request of the commission, the information required under this subsection shall be submitted electronically. This subsection does not apply to a representational lobbyist as defined in regulations of the commission.
(h) Notwithstanding AS 15.13.070, a candidate for governor or lieutenant governor and a group that is not a political party and that, under the definition of the term “group,” is presumed to be controlled by a candidate for governor or lieutenant governor, may not make a contribution to a candidate for another office, to a person who conducts a write-in campaign as a candidate for other office, or to another group of amounts received by that candidate or controlled group as contributions between January 1 and the date of the general election of the year of a general election for an election for governor and lieutenant governor. This subsection does not prohibit
(1) the group described in this subsection from making contributions to the candidates for governor and lieutenant governor whom the group supports; or
(2) the governor or lieutenant governor, or the group described in this subsection, from making contributions under AS 15.13.116(a)(2)(A).
(i) A nongroup entity may not solicit or accept a contribution to be used for the purpose of influencing the outcome of an election unless the potential contributor is notified that the contribution may be used for that purpose.

Sec. 15.13.076. Authorized recipients of contributions. A contribution to a
(1) candidate may be received only by
(A) the candidate; or
(B) the candidate’s campaign treasurer or a deputy campaign treasurer;
(2) group may be received only by the group’s campaign treasurer or a deputy treasurer.

Sec. 15.13.078. Contributions and loans from the candidate.    (a) The provisions of this chapter do not prohibit the individual who is a candidate from giving any amount of the candidate’s own money or other thing of value to the campaign of the candidate. Donations made by the candidate to the candidate’s own campaign shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110.
(b) The provisions of this chapter do not prohibit the individual who is a candidate from lending any amount to the campaign of the candidate. Loans made by the candidate shall be reported as contributions in accordance with AS 15.13.040 and 15.13.110. However, the candidate may not
(1) recover, under this section and AS 15.13.116(a)(4), the amount of a loan made by the candidate to the candidate’s own campaign that exceeds
(A) $25,000, if the candidate ran for governor or lieutenant governor;
(B) $10,000, if the candidate ran for
(i) the legislature; or
(ii) delegate to a constitutional convention;
(C) $10,000, if the candidate was a judge seeking retention;
(D) $5,000, if the candidate ran in a municipal election; or
(2) repay a loan that the candidate has made to the candidate’s own campaign unless, within five days of making the loan, the candidate notifies the commission, on a form provided by the commission, of the candidate’s intention to repay the loan under AS 15.13.116(a)(4).
(c) On and after the date determined under AS 15.13.110 as the last day of the period ending three days before the due date of the report required to be filed under AS 15.13.110(a)(1) and until the date of the election for which the report is filed, a candidate may not give or loan to the candidate’s campaign the candidate’s money or other thing of value of the candidate in an amount that exceeds $5,000.
(d) The provisions of this section apply only to the individual who is a candidate, as that term is defined by AS 15.13.400(1)(A), and do not apply to authorize a contribution or loan under this section by an individual described in the definition of the term “candidate” under AS 15.13.400(1)(B).

Sec. 15.13.080. Statement by or on behalf of contributor. [Repealed, Sec. 11 ch 1 TSSLA 2002].    Repealed or Renumbered

Sec. 15.13.082. Limitations on expenditures.    (a) A candidate or group may not make an expenditure in cash that exceeds $100 unless the candidate, or the campaign treasurer or deputy campaign treasurer, obtains a written receipt from the person to whom the expenditure is made.
(b) A person, other than an individual exempt from reporting under AS 15.13.040(h), may not make an expenditure unless the source of the expenditure has been disclosed as required by this chapter.
(c) If a candidate receives a contribution in the form of cash, check, money order, or other negotiable instrument and is subject to being reported to the commission under this chapter, the candidate may neither expend the contribution nor, in the case of a negotiable instrument, convert it to cash unless the candidate, campaign treasurer, or deputy campaign treasurer first records the following information for disclosure to the commission:
(1) the name, address, principal occupation, and employer of the contributor; and
(2) the date and amount of the contribution.

Sec. 15.13.084. Prohibited expenditures. A person may not make an expenditure
(1) anonymously, unless the expenditure is
(A) paid for by an individual acting independently of any person;
(B) made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065(c); and
(C) made for
(i) a billboard or sign; or
(ii) printed material, other than an advertisement made in a newspaper or other periodical;
(2) using a fictitious name or using the name of another.

Sec. 15.13.086. Authorized makers of expenditures. An expenditure
(1) authorized by or in behalf of a candidate may be made only by
(A) the candidate; or
(B) the candidate’s campaign treasurer or a deputy campaign treasurer;
(2) authorized by AS 15.13.067(3) by or in behalf of a group may be made only by the group’s campaign treasurer.

Sec. 15.13.090. Identification of communication.    (a) All communications shall be clearly identified by the words “paid for by” followed by the name and address of the person paying for the communication. In addition, except as provided by (d) of this section, a person shall clearly
(1) provide the person’s address or the person’s principal place of business;
(2) for a person other than an individual or candidate, include
(A) the name and title of the person’s principal officer;
(B) a statement from the principal officer approving the communication; and
(C) unless the person is a political party, identification of the name and city and state of residence or principal place of business, as applicable, of each of the person’s three largest contributors under AS 15.13.040(e)(5), if any, during the 12-month period before the date of the communication.
(b) The provisions of (a) of this section do not apply when the communication
(1) is paid for by an individual acting independently of any other person;
(2) is made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065(c); and
(3) is made for
(A) a billboard or sign; or
(B) printed material other than an advertisement made in a newspaper or other periodical.
(c) To satisfy the requirements of (a)(1) of this section and, if applicable, (a)(2)(C) of this section, a communication that includes a print or video component must have the following statement or statements placed in the communication so as to be easily discernible; the second statement is not required if the person paying for the communication has no contributors or is a political party:

This communication was paid for by (person’s name and city and state
of principal place of business). The top contributors of (person’s
name) are (the name and city and state of residence or principal place
of business, as applicable, of the largest contributors to the person
under AS 15.13.090(a)(2)(C)).
(d) Notwithstanding the requirements of (a) of this section, in a communication transmitted through radio or other audio media and in a communication that includes an audio component, the following statements must be read in a manner that is easily heard; the second statement is not required if the person paying for the communication has no contributors or is a political party:

This communication was paid for by (person’s name). The top
contributors of (person’s name) are (the name of the largest
contributors to the person under AS 15.13.090(a)(2)(C)).
(e) Contributors required to be identified under (a)(2)(C) of this section must be listed in order of the amount of their contributions. If more than three of the largest contributors to a person paying for a communication contribute equal amounts, the person may select which of the contributors of equal amounts to identify under (a)(2)(C) of this section. In no case shall a person be required to identify more than three contributors under (a)(2)(C) of this section.
(f) The provisions of this subsection apply to a person who makes an independent expenditure for a communication described in (a) of this section. If the person paying for the communication is not a natural person, the provisions also apply to the responsible officer or officers of the corporation, company, partnership, firm, association, organization, labor organization, business trust, or society who approve the independent expenditure for the communication. A person who makes a communication under this subsection may not, with actual malice, include within or as a part of the communication a false statement of material fact about a candidate for election to public office that constitutes defamation of the candidate. For purposes of this subsection, a statement constitutes defamation of the candidate if the statement
(1) exposes the candidate to strong disapproval, contempt, ridicule, or reproach; or
(2) tends to deprive the candidate of the benefit of public confidence.

Sec. 15.13.095. False statements in telephone polling and calls to convince.    (a) A candidate who is damaged as the result of a false statement about the candidate made with knowledge that it was false, or with reckless disregard for whether it was false or not, made as part of a telephone poll or an organized series of calls, and made with the intent to convince potential voters concerning the outcome of an election in which the candidate is running may recover damages in an action in superior court under this section against the individual who made the telephone call, the individual’s employer, and the person who contracted for or authorized the poll or calls to convince. However, the employer of the individual or the person who contracted for or authorized the poll or calls to convince is liable to the defamed candidate only if the employer or person authorized the statement to be made, knowing that it was false or with reckless disregard for whether it was false or not, as part of the poll or calls to convince.
(b) The court may award damages, including punitive damages. If the court finds that the result of the statement places the integrity of the election process in substantial doubt, the eligibility of the successful candidate to hold the office to which elected shall be determined as provided in AS 15.56.110(b) or, in the case of a candidate for governor or lieutenant governor, by impeachment under art. II, sec. 20, Constitution of the State of Alaska.

Sec. 15.13.100. Expenditures before filing. A political campaign expenditure may not be made or incurred by a person in an election or by a person or group with the person’s knowledge and on the person’s behalf before the date upon which the person files for nomination for the office which the person seeks, except for personal travel expenses or for opinion surveys or polls. These expenditures must be included in the first report required under this chapter after filing for office.

Sec. 15.13.110. Filing of reports.    (a) Each candidate, group, and nongroup entity shall make a full report in accordance with AS 15.13.040 for the period ending three days before the due date of the report and beginning on the last day covered by the most recent previous report. If the report is a first report, it must cover the period from the beginning of the campaign to the date three days before the due date of the report. If the report is a report due February 15, it must cover the period beginning on the last day covered by the most recent previous report or on the day that the campaign started, whichever is later, and ending on February 1 of that year. The report shall be filed
(1) 30 days before the election; however, this report is not required if the deadline for filing a nominating petition or declaration of candidacy is within 30 days of the election;
(2) one week before the election;
(3) 105 days after a special election; and
(4) February 15 for expenditures made and contributions received that were not reported previously, including, if applicable, all amounts expended from a public office expense term account established under AS 15.13.116(a)(8) and all amounts expended from a municipal office account under AS 15.13.116(a)(9), or when expenditures were not made or contributions were not received during the previous year.
(b) Each contribution that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the candidate, group, campaign treasurer, or deputy campaign treasurer. Each contribution to a nongroup entity for the purpose of influencing the outcome of an election that exceeds $250 and that is made within nine days of the election shall be reported to the commission by date, amount, and contributor within 24 hours of receipt by the nongroup entity.
(c) All reports required by this chapter shall be filed with the commission’s central office and shall be kept open to public inspection. The commission shall keep a report filed on paper under AS 15.13.040(m) open to public inspection by scanning the report and posting a copy of the scanned image on the commission’s Internet website within two working days after the report is filed. The commission shall prepare a summary of each report, which shall be made available to the public at cost upon request. Each summary must use uniform categories of reporting. Summaries for reports filed
(1) electronically shall be made available within 30 days after the report is filed; and
(2) on paper shall be made available within 30 days after each election.
(d) [Repealed, Sec. 35 ch 126 SLA 1994].
(e) A group formed to sponsor a referendum or a recall shall report 30 days after its first filing with the lieutenant governor. Thereafter, each group shall report within 10 days after the end of each calendar quarter on the contributions received and expenditures made during the preceding calendar quarter until reports are due under (a) of this section.
(f) During the year in which the election is scheduled, each of the following shall file the campaign disclosure reports in the manner and at the times required by this section:
(1) a person who, under the regulations adopted by the commission to implement AS 15.13.100, indicates an intention to become a candidate for elective state executive or legislative office;
(2) a person who has filed a nominating petition under AS 15.25.140 – 15.25.200 to become a candidate at the general election for elective state executive or legislative office;
(3) a person who campaigns as a write-in candidate for elective state executive or legislative office at the general election; and
(4) a group or nongroup entity that receives contributions or makes expenditures on behalf of or in opposition to a person described in (1) – (3) of this subsection, except as provided for certain independent expenditures by nongroup entities in AS 15.13.135(a).
(g) An initiative committee, person, group, or nongroup entity receiving contributions exceeding $500 or making expenditures exceeding $500 in a calendar year in support of or in opposition to an initiative on the ballot in a statewide election or an initiative proposal application filed with the lieutenant governor under AS 15.45.020 shall file a report within 10 days after the end of each calendar quarter on the contributions received and expenditures made during the preceding calendar quarter until reports are due under (a) and (b) of this section. If the report is a first report, it must cover the period beginning on the day an initiative proposal application is filed under AS 15.45.020 and ending three days before the due date of the report.
(h) An independent expenditure report required under AS 15.13.040(e) shall be filed with the commission not later than 10 days after an independent expenditure has been made. However, an independent expenditure that exceeds $250 and that is made within nine days of an election shall be reported to the commission not later than 24 hours after the expenditure is made.
(i) During a campaign period, the commission may not change the manner or format in which reports required of a candidate under this chapter must be filed. In this subsection, “campaign period” means the period beginning on the date that a candidate becomes eligible to receive campaign contributions under this chapter and ending on the date that a final report for that same campaign must be filed.
(j) Before the primary election, a candidate seeking nomination by petition under AS 15.25.140 – 15.25.200 for the office of governor, lieutenant governor, state senator, or state representative shall file the reports under (a)(1) and (2) of this section.

Sec. 15.13.111. Preservation of records.    (a) Each person required to report under this chapter shall preserve all records necessary to substantiate information required to be reported under this chapter for a period of six years from the date of the election for which the information was required to be reported, unless the records have been submitted to the commission under (c) of this section.
(b) Information preserved under (a) of this section must be made available for inspection by the commission.
(c) A candidate for state elected office who was not elected or a person who has left state elected office may submit the records required to be preserved under (a) of this section to the commission electronically. Records submitted under this subsection shall be preserved by the commission for a period of six years from the date of the election for which the information was required to be reported.

Sec. 15.13.112. Uses of campaign contributions held by candidate or group.    (a) Except as otherwise provided, campaign contributions held by a candidate or group may be used only to pay the expenses of the candidate or group, and the campaign expenses incurred by the candidate or group, that reasonably relate to election campaign activities, and in those cases only as authorized by this chapter.
(b) Campaign contributions held by a candidate or group may not be
(1) used to give a personal benefit to the candidate or to another person;
(2) converted to personal income of the candidate;
(3) loaned to a person;
(4) knowingly used to pay more than the fair market value for goods or services purchased for the campaign;
(5) used to pay a criminal fine;
(6) used to pay civil penalties; however, campaign contributions held by a candidate or group may be used to pay a civil penalty assessed under this chapter if authorized by the commission or a court after it first determines that
(A) the candidate, campaign treasurer, and deputy campaign treasurer did not cause or participate in the violation for which the civil penalty is imposed and exercised a reasonable level of oversight over the campaign; and
(B) the candidate, campaign treasurer, and deputy campaign treasurer cooperated in the revelation of the violation and in its immediate correction; or
(7) used to make contributions to another candidate or to a group; however, it is not a violation of this paragraph if, in circumstances in which a candidate or group participates in a shared campaign activity, the candidate or group participating in the activity
(A) uses campaign contributions of the candidate or group for payment of
(i) all of the shared campaign activity expense; or
(ii) more than the candidate’s or group’s pro rata share of the activity expense; and
(B) receives, within seven days after payment of the expense, complete reimbursement of the amount of campaign contributions used for payments made on behalf of another candidate or group participating in the activity.
(c) A candidate may use up to a total of $1,000 in campaign contributions in a year to pay the cost of
(1) attending, or paying the cost for guests of the candidate to attend, an event or other function sponsored by a political party or subordinate unit of a political party;
(2) membership in a political party, subordinate unit of a political party, or other entity within a political party, or subscription to a publication from a political party; and
(3) co-sponsorship of an event or other function sponsored by a political party or by a subordinate unit of a political party.

Sec. 15.13.114. Disposition of prohibited contributions.    (a) A candidate, group, or nongroup entity that receives and accepts a contribution given in violation of AS 15.13.072 or 15.13.074 shall immediately, upon discovery that the contribution is prohibited, return it to the contributor. A candidate, group, or nongroup entity that receives and accepts a contribution in excess of the limitation on contributions set out in AS 15.13.070 shall immediately, upon discovery of the prohibited excess contribution, return the excess to the contributor. If the contribution or excess amount cannot be returned in the same form, the equivalent value of the contribution or excess amount shall be returned.
(b) An anonymous contribution is forfeited to the state unless the contributor is identified within five days of its receipt. Money that forfeits to the state under this subsection shall be delivered immediately to the Department of Revenue for deposit in the general fund.

Sec. 15.13.116. Disbursement of campaign assets after election.    (a) A candidate who, after the date of the general, special, municipal, or municipal runoff election or after the date the candidate withdraws as a candidate, whichever comes first, holds unused campaign contributions shall distribute the amount held on February 1 for a general election or within 90 days after a special election. The distribution may only be made to
(1) pay bills incurred for expenditures reasonably related to the campaign and the winding up of the affairs of the campaign, including a victory or thank you party, thank you advertisements, and thank you gifts to campaign employees and volunteers, and to pay expenditures associated with post-election fund raising that may be needed to raise funds to pay off campaign debts;
(2) make donations, without condition, to
(A) a political party;
(B) the state’s general fund;
(C) a municipality of the state; or
(D) the federal government;
(3) make donations, without condition, to organizations qualified as charitable organizations under 26 U.S.C. 501(c)(3) if the organization is not controlled by the candidate or a member of the candidate’s immediate family;
(4) repay loans from the candidate to the candidate’s own campaign under AS 15.13.078(b);
(5) repay contributions to contributors, but only if repayment of the contribution is made pro rata in approximate proportion to the contributions made using one of the following, as the candidate determines:
(A) to all contributors;
(B) to contributors who have contributed most recently; or
(C) to contributors who have made larger contributions;
(6) establish a fund for, and from that fund to pay, attorney fees or costs incurred in the prosecution or defense of an administrative or civil judicial action that directly concerns a challenge to the victory or defeat of the candidate in the election;
(7) transfer all or a portion of the unused campaign contributions to an account for a future election campaign; a transfer under this paragraph is limited to
(A) $50,000, if the transfer is made by a candidate for governor or lieutenant governor;
(B) $10,000, if the transfer is made by a candidate for the state senate;
(C) $5,000, if the transfer is made by a candidate for the state house of representatives; and
(D) $5,000, if the transfer is made by a candidate for an office not described in (A) – (C) of this paragraph;
(8) transfer all or a portion of the unused campaign contributions to a public office expense term account; a transfer under this paragraph is subject to the following:
(A) the authority to transfer is limited to candidates who are elected to the state legislature;
(B) the public office expense term account established under this paragraph may be used only for expenses associated with the candidate’s serving as a member of the legislature;
(C) all amounts expended from the public office expense term account shall be annually accounted for under AS 15.13.110(a)(4);
(D) a transfer under this paragraph is limited to $5,000 multiplied by the number of years in the term to which the candidate is elected plus any accumulated interest; and
(E) unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or (5) of this subsection at the end of the term of office immediately following the campaign for which the contributions were received; and
(9) transfer all or a portion of the unused campaign contributions to a municipal office account; a transfer under this paragraph is subject to the following:
(A) the authority to transfer is limited to candidates who are elected to municipal office, including a municipal school board;
(B) the municipal office account established under this paragraph may be used only for expenses associated with the candidate’s serving as mayor or as a member of the assembly, city council, or school board;
(C) all amounts expended from the municipal office account shall be annually accounted for under AS 15.13.110(a)(4);
(D) a transfer under this paragraph is limited to $5,000; and
(E) unused campaign contributions transferred under this paragraph must be disposed of as provided in (2), (3), or (5) of this subsection at the end of the term of office immediately following the campaign for which the contributions were received.
(b) After a general, special, municipal, or municipal runoff election, a candidate may retain the ownership of one computer and one printer and of personal property, except money, that was acquired by and for use in the campaign. The current fair market value of the property retained, exclusive of the computer and printer, may not exceed $5,000. All other property shall be disposed of, or sold and the sale proceeds disposed of, in accordance with (a) or (c) of this section. Notwithstanding any other provision of this chapter,
(1) a candidate may (A) retain a bulk mailing permit that was paid for with campaign funds, and (B) use personal funds, campaign funds, or unused campaign contributions transferred to a public office expense term account under (a)(8) of this section to pay the continuing charges for the permit after the election; money used to continue the life of the permit is not considered to be a contribution under this chapter; in addition to any other use permitted under this chapter, during the candidate’s term of office, the candidate may use the bulk mailing permit for mailings associated with service in the office to which the candidate was elected; during the candidate’s term of office, if the candidate files a declaration of candidacy or the document necessary to permit the candidate to incur election-related expenses under AS 15.13.100 for the same or a different elective office, the candidate may also use the bulk mailing permit in that election campaign;
(2) a candidate may retain campaign photographs and use the photographs for any purpose associated with service in the office to which the candidate was elected;
(3) a candidate may retain seasonal greeting cards purchased with campaign funds; and
(4) campaign signs prepared for an election that has already taken place have no monetary value and may be retained or disposed of at the candidate’s discretion.
(c) Property remaining after disbursements are made under (a) – (b) of this section is forfeited to the state. Within 30 days, the candidate shall deliver the property to the Department of Revenue. The Department of Revenue shall deposit any money received into the general fund and dispose of any other property in accordance with law.
(d) [Repealed, Sec. 4 ch 44 SLA 2012].

Sec. 15.13.120. [Renumbered as AS 15.13.380].    Repealed or Renumbered

Sec. 15.13.122. [Renumbered as AS 15.13.385].    Repealed or Renumbered

Sec. 15.13.125. [Renumbered as AS 15.13.390].    Repealed or Renumbered

Sec. 15.13.130. Definitions. [Repealed, Sec. 28 ch 48 SLA 1996].    Repealed or Renumbered

Sec. 15.13.135. Independent expenditures for or against candidates.    (a) An independent expenditure supporting or opposing a candidate for election to public office, except an independent expenditure made by a nongroup entity with an annual operating budget of $250 or less, shall be reported in accordance with AS 15.13.040 and 15.13.100 – 15.13.110 and other requirements of this chapter.
(b) A person who makes independent expenditures for a mass mailing, for distribution of campaign literature of any sort, for a television, radio, newspaper, or magazine advertisement, or any other communication that supports or opposes a candidate for election to public office
(1) shall comply with AS 15.13.090; and
(2) shall place the following statement in the mailing, literature, advertisement, or other communication so that it is readily and easily discernible:

This NOTICE TO VOTERS is required by Alaska law. (I/we) certify that
this (mailing/literature/advertisement) is not authorized, paid for, or
approved by the candidate.

Sec. 15.13.140. Independent expenditures for or against ballot proposition or question.    (a) [Repealed, Sec. 19 ch 36 SLA 2010].
(b) An independent expenditure for or against a ballot proposition or question
(1) shall be reported in accordance with AS 15.13.040 and 15.13.100 – 15.13.110 and other requirements of this chapter; and
(2) may not be made if the expenditure is prohibited by AS 15.13.145.

Sec. 15.13.145. Money of the state and its political subdivisions.    (a) Except as provided in (b) and (c) of this section, each of the following may not use money held by the entity to influence the outcome of the election of a candidate to a state or municipal office:
(1) the state, its agencies, and its corporations;
(2) the University of Alaska and its Board of Regents;
(3) municipalities, school districts, and regional educational attendance areas, or another political subdivision of the state; and
(4) an officer or employee of an entity identified in (1) – (3) of this subsection.
(b) Money held by an entity identified in (a)(1) – (3) of this section may be used to influence the outcome of an election concerning a ballot proposition or question, but only if the funds have been specifically appropriated for that purpose by a state law or a municipal ordinance.
(c) Money held by an entity identified in (a)(1) – (3) of this section may be used
(1) to disseminate information about the time and place of an election and to hold an election;
(2) to provide the public with nonpartisan information about a ballot proposition or question or about all the candidates seeking election to a particular public office.
(d) When expenditure of money is authorized by (b) or (c) of this section and is used to influence the outcome of an election, the expenditures shall be reported to the commission in the same manner as an individual is required to report under AS 15.13.040.

Sec. 15.13.150. Election educational activities not prohibited. This chapter does not prohibit a person from engaging in educational election-related communications and activities, including
(1) the publication of the date and location of an election;
(2) the education of students about voting and elections;
(3) the sponsorship of candidate debate forums open to the public;
(4) participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party, or political position;
(5) the dissemination of the views of all candidates running for a particular office.

Sec. 15.13.155. Restrictions on earned income and honoraria.    (a) A candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write-in candidate for the office, may not
(1) seek or accept compensation for personal services that involves payments that are not commensurate with the services rendered taking into account the higher rates generally charged by specialists in a profession; or
(2) accept a payment of anything of value, except for actual and necessarily incurred travel expenses, for an appearance or speech; this paragraph does not apply to the salary paid to the candidate for making an appearance or speech as part of the candidate’s normal course of employment.
(b) Notwithstanding (a) of this section, a candidate for the state legislature, for governor, or for lieutenant governor, including an individual campaigning as a write-in candidate for the office, may accept a payment for an appearance or speech if the appearance or speech is not connected with the individual’s status as a state official or as a candidate.

Sec. 15.13.374. Advisory opinion.    (a) Any person may request an advisory opinion from the commission concerning this chapter, AS 24.45, AS 24.60.200 – 24.60.260, or AS 39.50.
(b) A request for an advisory opinion
(1) must be in writing or contained in a message submitted by electronic mail;
(2) must describe a specific transaction or activity that the requesting person is presently engaged in or intends to undertake in the future;
(3) must include a description of all relevant facts, including the identity of the person requesting the advisory opinion; and
(4) may not concern a hypothetical situation or the activity of a third party.
(c) Within seven days after receiving a request satisfying the requirements of (b) of this section, the executive director of the commission shall recommend a draft advisory opinion for the commission to consider at its next meeting.
(d) The approval of a draft advisory opinion requires the affirmative vote of four members of the commission. A draft advisory opinion failing to receive four affirmative votes of the members of the commission is disapproved.
(e) A complaint under AS 15.13.380 may not be considered about a person involved in a transaction or activity that
(1) was described in an advisory opinion approved under (d) of this section;
(2) is indistinguishable from the description of an activity that was approved in an advisory opinion approved under (d) of this section; or
(3) was undertaken after the executive director of the commission recommended a draft advisory opinion under (c) of this section and before the commission acted on the draft advisory opinion under (d) of this section, if
(A) the draft advisory opinion would have approved the transaction or activity described; and
(B) the commission disapproved the draft advisory opinion.
(f) Advisory opinion requests and advisory opinions are public records subject to inspection and copying under AS 40.25.100 – 40.25.295, except that, if a person requesting an advisory opinion requests that the person’s name be kept confidential, the person’s name shall be kept confidential and the commission shall redact the name of the requester from the request and from the advisory opinion before making the request and opinion public.

Sec. 15.13.380. Violations; limitations on actions.    (a) Promptly after the final date for filing statements and reports under this chapter, the commission shall notify all persons who have become delinquent in filing them, including contributors who failed to file a statement in accordance with AS 15.13.040, and shall make available a list of those delinquent filers for public inspection. The commission shall also report to the attorney general the names of all candidates in an election whose campaign treasurers have failed to file the reports required by this chapter.
(b) A person who believes a violation of this chapter or a regulation adopted under this chapter has occurred or is occurring may file an administrative complaint with the commission within five years after the date of the alleged violation. If a member of the commission has filed the complaint, that member may not participate as a commissioner in any proceeding of the commission with respect to the complaint. The commission may consider a complaint on an expedited basis or a regular basis.
(c) The complainant or the respondent to the complaint may request in writing that the commission expedite consideration of the complaint. A request for expedited consideration must be accompanied by evidence to support expedited consideration and be served on the opposing party. The commission shall grant or deny the request within two days after receiving it. In deciding whether to expedite consideration, the commission shall consider such factors as whether the alleged violation, if not immediately restrained, could materially affect the outcome of an election or other impending event; whether the alleged violation could cause irreparable harm that penalties could not adequately remedy; and whether there is reasonable cause to believe that a violation has occurred or will occur. Notwithstanding the absence of a request to expedite consideration, the commission may independently expedite consideration of the complaint if the commission finds that the standards for expedited consideration set out in this subsection have been met.
(d) If the commission expedites consideration, the commission shall hold a hearing on the complaint within two days after granting expedited consideration. Not later than one day after affording the respondent notice and an opportunity to be heard, the commission shall
(1) enter an emergency order requiring the violation to be ceased or to be remedied and assess civil penalties under AS 15.13.390 if the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter;
(2) enter an emergency order dismissing the complaint if the commission finds that the respondent has not or is not about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter; or
(3) remand the complaint to the executive director of the commission for consideration by the commission on a regular rather than an expedited basis.
(e) If the commission accepts the complaint for consideration on a regular rather than an expedited basis, the commission shall notify the respondent within seven days after receiving the complaint and shall investigate the complaint. The respondent may answer the complaint by filing a written response with the commission within 15 days after the commission notifies the respondent of the complaint. The commission may grant the respondent additional time to respond to the complaint only for good cause. The commission shall hold a hearing on the complaint not later than 45 days after the respondent’s written response is due. Not later than 10 days after the hearing, the commission shall issue its order. If the commission finds that the respondent has engaged in or is about to engage in an act or practice that constitutes or will constitute a violation of this chapter or a regulation adopted under this chapter, the commission shall enter an order requiring the violation to be ceased or to be remedied and shall assess civil penalties under AS 15.13.390.
(f) If the complaint involves a challenge to the constitutionality of a statute or regulation, necessary witnesses that are not subject to the commission’s subpoena authority, or other issues outside the commission’s authority, the commission may request the attorney general to file a complaint in superior court alleging a violation of this chapter. The commission may request the attorney general to file a complaint in superior court to remedy the violation of a commission order.
(g) A commission order under (d) or (e) of this section may be appealed to the superior court by either the complainant or respondent within 30 days in accordance with the Alaska Rules of Appellate Procedure.
(h) If the commission does not complete action on an administrative complaint within 90 days after the complaint was filed, the complainant may file a complaint in superior court alleging a violation of this chapter by a respondent as described in the administrative complaint filed with the commission. The complainant shall provide copies of the complaint filed in the superior court to the commission and the attorney general. This subsection does not create a private cause of action against the commission; against the commission’s members, officers, or employees; or against the state.
(i) If a person who was a successful candidate or the campaign treasurer or deputy campaign treasurer of a person who was a successful candidate is convicted of a violation of this chapter, after the candidate is sworn into office, proceedings shall be held and appropriate action taken in accordance with
(1) art. II, sec. 12, of the state constitution, if the successful candidate is a member of the state legislature;
(2) art. II, sec. 20, of the state constitution, if the successful candidate is governor or lieutenant governor;
(3) the provisions of the call for the constitutional convention, if the successful candidate is a constitutional convention delegate;
(4) art. IV, sec. 10, of the state constitution, if the successful candidate is a judge.
(j) Information developed by the commission under (b) – (e) of this section shall be considered during a proceeding under (i) of this section.
(k) If, after a successful candidate is sworn into office, the successful candidate or the campaign treasurer or deputy campaign treasurer of the person who was a successful candidate is charged with a violation of this chapter, the case shall be promptly tried and accorded a preferred position for purposes of argument and decision so as to ensure a speedy disposition of the matter.

Sec. 15.13.385. Legal counsel.    (a) The attorney general is legal counsel for the commission. The attorney general shall advise the commission in legal matters arising in the discharge of its duties and represent the commission in actions to which it is a party. If, in the opinion of the commission, the public interest warrants, the commission may request the chief justice of the supreme court to appoint a special prosecutor to represent the commission in a proceeding involving an alleged violation of this chapter and to prosecute that violation.
(b) When the public interest warrants, the commission may employ temporary legal counsel from time to time in matters in which the commission is involved.

Sec. 15.13.390. Civil penalty; late filing of required reports.    (a) A person who fails to register when required by AS 15.13.050(a) or who fails to file a properly completed and certified report within the time required by AS 15.13.040, 15.13.060(b) – (d), 15.13.110(a)(1), (3), or (4), (e), or (f) is subject to a civil penalty of not more than $50 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who fails to file a properly completed and certified report within the time required by AS 15.13.110(a)(2) or 15.13.110(b) is subject to a civil penalty of not more than $500 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court. A person who violates a provision of this chapter, except a provision requiring registration or filing of a report within a time required as otherwise specified in this section, is subject to a civil penalty of not more than $50 a day for each day the violation continues as determined by the commission, subject to right of appeal to the superior court. An affidavit stating facts in mitigation may be submitted to the commission by a person against whom a civil penalty is assessed. However, the imposition of the penalties prescribed in this section or in AS 15.13.380 does not excuse that person from registering or filing reports required by this chapter.
(b) When an administrative complaint has been filed under AS 15.13.380, the commission shall give the respondent due notice and an opportunity to be heard. If, at the conclusion of the hearing, the commission determines that the respondent engaged in the alleged violation, the commission shall assess
(1) civil penalties under (a) of this section;
(2) the commission’s costs of investigation and adjudication; and
(3) reasonable attorney fees.
(c) The commission’s determination under (b) of this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).
(d) When an action has been filed in the superior court under AS 15.13.380, upon proof of the violation, the court shall enter a judgment in the amount of the civil penalty authorized to be collected by (a) of this section.
(e) If the commission or superior court finds that the violation was not a repeat violation or was not part of a series or pattern of violations, was inadvertent, was quickly corrected, and had no adverse effect on the campaign of another, the commission or the court may
(1) suspend imposition of the penalties; and
(2) order the penalties set aside if the person does not engage in a similar violation for a period of one year.
(f) A party who has filed a civil action under AS 15.13.380
(1) is not entitled to trial by jury on the civil action;
(2) is not entitled to be represented by legal counsel at public expense.

Sec. 15.13.400. Definitions. In this chapter,
(1) “candidate”
(A) means an individual who files for election to the state legislature, for governor, for lieutenant governor, for municipal office, for retention in judicial office, or for constitutional convention delegate, or who campaigns as a write-in candidate for any of these offices; and
(B) when used in a provision of this chapter that limits or prohibits the donation, solicitation, or acceptance of campaign contributions, or limits or prohibits an expenditure, includes
(i) a candidate’s campaign treasurer and a deputy campaign treasurer;
(ii) a member of the candidate’s immediate family;
(iii) a person acting as agent for the candidate;
(iv) the candidate’s campaign committee; and
(v) a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of the candidate;
(2) “commission” means the Alaska Public Offices Commission;
(3) “communication” means an announcement or advertisement disseminated through print or broadcast media, including radio, television, cable, and satellite, the Internet, or through a mass mailing, excluding those placed by an individual or nongroup entity and costing $500 or less and those that do not directly or indirectly identify a candidate or proposition, as that term is defined in AS 15.13.065(c);
(4) “contribution”
(A) means a purchase, payment, promise or obligation to pay, loan or loan guarantee, deposit or gift of money, goods, or services for which charge is ordinarily made, and includes the payment by a person other than a candidate or political party, or compensation for the personal services of another person, that is rendered to the candidate or political party, and that is made for the purpose of
(i) influencing the nomination or election of a candidate;
(ii) influencing a ballot proposition or question; or
(iii) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020;
(B) does not include
(i) services provided without compensation by individuals volunteering a portion or all of their time on behalf of a political party, candidate, or ballot proposition or question;
(ii) ordinary hospitality in a home;
(iii) two or fewer mass mailings before each election by each political party describing the party’s slate of candidates for election, which may include photographs, biographies, and information about the party’s candidates;
(iv) the results of a poll limited to issues and not mentioning any candidate, unless the poll was requested by or designed primarily to benefit the candidate;
(v) any communication in the form of a newsletter from a legislator to the legislator’s constituents, except a communication expressly advocating the election or defeat of a candidate or a newsletter or material in a newsletter that is clearly only for the private benefit of a legislator or a legislative employee;
(vi) a fundraising list provided without compensation by one candidate or political party to a candidate or political party; or
(vii) an opportunity to participate in a candidate forum provided to a candidate without compensation to the candidate by another person and for which a candidate is not ordinarily charged;
(5) “electioneering communication” means a communication that
(A) directly or indirectly identifies a candidate;
(B) addresses an issue of national, state, or local political importance and attributes a position on that issue to the candidate identified; and
(C) occurs within the 30 days preceding a general or municipal election;
(6) “expenditure”
(A) means a purchase or a transfer of money or anything of value, or promise or agreement to purchase or transfer money or anything of value, incurred or made for the purpose of
(i) influencing the nomination or election of a candidate or of any individual who files for nomination at a later date and becomes a candidate;
(ii) use by a political party;
(iii) the payment by a person other than a candidate or political party of compensation for the personal services of another person that are rendered to a candidate or political party;
(iv) influencing the outcome of a ballot proposition or question; or
(v) supporting or opposing an initiative proposal application filed with the lieutenant governor under AS 15.45.020;
(B) does not include a candidate’s filing fee or the cost of preparing reports and statements required by this chapter;
(C) includes an express communication and an electioneering communication, but does not include an issues communication;
(7) “express communication” means a communication that, when read as a whole and with limited reference to outside events, is susceptible of no other reasonable interpretation but as an exhortation to vote for or against a specific candidate;
(8) “group” means
(A) every state and regional executive committee of a political party;
(B) any combination of two or more individuals acting jointly who organize for the principal purpose of influencing the outcome of one or more elections and who take action the major purpose of which is to influence the outcome of an election; a group that makes expenditures or receives contributions with the authorization or consent, express or implied, or under the control, direct or indirect, of a candidate shall be considered to be controlled by that candidate; a group whose major purpose is to further the nomination, election, or candidacy of only one individual, or intends to expend more than 50 percent of its money on a single candidate, shall be considered to be controlled by that candidate and its actions done with the candidate’s knowledge and consent unless, within 10 days from the date the candidate learns of the existence of the group the candidate files with the commission, on a form provided by the commission, an affidavit that the group is operating without the candidate’s control; a group organized for more than one year preceding an election and endorsing candidates for more than one office or more than one political party is presumed not to be controlled by a candidate; however, a group that contributes more than 50 percent of its money to or on behalf of one candidate shall be considered to support only one candidate for purposes of AS 15.13.070, whether or not control of the group has been disclaimed by the candidate; and
(C) any combination of two or more individuals acting jointly who organize for the principal purpose of filing an initiative proposal application under AS 15.45.020 or who file an initiative proposal application under AS 15.45.020;
(9) “immediate family” means the spouse, parent, child, including a stepchild and an adopted child, and sibling of an individual;
(10) “independent expenditure” means an expenditure that is made without the direct or indirect consultation or cooperation with, or at the suggestion or the request of, or with the prior consent of, a candidate, a candidate’s campaign treasurer or deputy campaign treasurer, or another person acting as a principal or agent of the candidate;
(11) “individual” means a natural person;
(12) “issues communication” means a communication that
(A) directly or indirectly identifies a candidate; and
(B) addresses an issue of national, state, or local political importance and does not support or oppose a candidate for election to public office;
(13) “nongroup entity” means a person, other than an individual, that takes action the major purpose of which is to influence the outcome of an election, and that
(A) cannot participate in business activities;
(B) does not have shareholders who have a claim on corporate earnings; and
(C) is independent from the influence of business corporations.
(14) “person” has the meaning given in AS 01.10.060, and includes a labor union, nongroup entity, and a group;
(15) “political party” means any group that is a political party under AS 15.80.010 and any subordinate unit of that group if, consistent with the rules or bylaws of the political party, the unit conducts or supports campaign operations in a municipality, neighborhood, house district, or precinct;
(16) “publicly funded entity” means a person, other than an individual, that receives half or more of the money on which it operates during a calendar year from government, including a public corporation.

Chapter 15.15 ELECTIONS AND BALLOTS

Sec. 15.15.010. General administrative supervision by director. The director shall provide general administrative supervision over the conduct of state elections, and may adopt regulations under AS 44.62 (Administrative Procedure Act) necessary for the administration of state elections. The director shall adopt regulations that establish for the broadcasting of notices under AS 15.15.070 the frequency of the broadcasts, appropriate broadcast times, and the locations for the broadcasts. The broadcasting regulations must be reasonably calculated to provide the widest possible exposure of the notices.

Sec. 15.15.020. Date of general election. The general election is held on the Tuesday after the first Monday in November in every even numbered year.

Sec. 15.15.030. Preparation of official ballot. The director shall prepare all official ballots to facilitate fairness, simplicity, and clarity in the voting procedure, to reflect most accurately the intent of the voter, and to expedite the administration of elections. The following directives shall be followed when applicable:
(1) The director shall determine the size of the ballot, the type of print, necessary additional instruction notes to voters, and other similar matters of form not provided by law.
(2) The director shall number ballots in series to ensure simplicity and secrecy and to prevent fraud.
(3) The director shall contract for the preparation of ballots under AS 36.30 (State Procurement Code).
(4) The director may not include on the ballot, as a part of a candidate’s name, any honorary or assumed title or prefix but may include in the candidate’s name any nickname or familiar form of a proper name of the candidate.
(5) The names of the candidates and their party designations shall be placed in separate sections on the state general election ballot under the office designation to which they were nominated. The party affiliation, if any, shall be designated after the name of the candidate. The lieutenant governor and the governor shall be included under the same section. Provision shall be made for voting for write-in and no-party candidates within each section. Paper ballots for the state general election shall be printed on white paper.
(6) The names of the candidates for each office shall be set out in the same order on ballots printed for use in each house district. The director shall randomly determine the order of the names of the candidates for state representative for each house district. The director shall rotate the order of placement of the names of candidates for governor, lieutenant governor, United States senator, United States representative, and state senator on the ballot for each house district.
(7) The general election ballot shall be designed with the names of candidates of each political party, and of any independent candidates qualified under AS 15.30.026, for the office of President and Vice-President of the United States placed in the same section on the ballot rather than the names of electors of President and Vice-President.
(8) The general or special election ballot shall be designed with the title and proposition for any initiative, referendum, or constitutional amendment formulated as prescribed by law and placed on the ballot in the manner prescribed by the director. When placed on the ballot, a state ballot proposition or ballot question shall carry the number that was assigned to the petition for the proposition or question. Provision shall be made for marking the proposition “Yes” or “No.”
(9) The general or special election ballot shall be designed with the question of whether a constitutional convention shall be called placed on the ballot in the following manner: “Shall there be a constitutional convention?” Provision shall be made for marking the question “Yes” or “No.”
(10) A nonpartisan ballot shall be designed for each judicial district in which a justice or judge is seeking retention in office. The ballot shall be divided into four parts. Each part must bear a heading indicating the court to which the candidate is seeking approval, and provision shall be made for marking each question “Yes” or “No.” Within each part, the question of whether the justice or judge shall be approved or rejected shall be set out in substantially the following manner:
(A) “Shall . . . . . . . be retained as justice of the supreme court for 10 years?”;
(B) “Shall . . . . . . . be retained as judge of the court of appeals for eight years?”;
(C) “Shall . . . . . . . be retained as judge of the superior court for six years?”; or
(D) “Shall . . . . . . . be retained as judge of the district court for four years?”
(11) When the legislature by law authorizes a state debt for capital improvements, the director shall place the question of whether the specific authorization shall be ratified by placing the ballot title and question on the next general election ballot, or on the special election ballot if a special election is held for the purpose of ratifying the state debt for capital improvements before the time of the next general election. Unless specifically provided otherwise in the Act authorizing the debt, the ballot title shall, by the use of a few words in a succinct manner, indicate the general subject of the Act. The question shall, by the use of a few sentences in a succinct manner, give a true and impartial summary of the Act authorizing the state debt. The question of whether state debt shall be contracted shall be assigned a letter of the alphabet on the ballot. Provision shall be made for marking the question substantially as follows:
“Bonds. . . . . . . Yes” or “Bonds. . . . . . . No,”
followed by an appropriate oval.
(12) The director may provide for the optical scanning of ballots where the requisite equipment is available.
(13) The director may provide for voting by use of electronically generated ballots by a voter who requests to use a machine that produces electronically generated ballots.

Sec. 15.15.032. Use of electronically generated ballots.    (a) If the director provides for voting by use of electronically generated ballots, the director shall provide balloting equipment that would allow voters with disabilities, including those who are blind or visually impaired, to cast private, independent, and verifiable ballots. The director may not provide for more than one machine that produces electronically generated ballots in a precinct or in a regional supervisor’s office, except where the director determines that additional machines are needed to accommodate the needs of individuals with disabilities, including individuals with physical limitations or visual impairments.
(b) Software for voting by use of electronically generated ballots shall be tested and certified under AS 15.20.900.
(c) The director shall provide for a paper record of each electronically generated ballot that can be
(1) reviewed and corrected by the voter at the time the vote is cast; and
(2) used for a recount of the votes cast at an election in which electronically generated ballots were used.

Sec. 15.15.035. Printing of ballots and other material. The director may not be required to do business with a printing company while the company is involved in a labor dispute.

Sec. 15.15.040. Preparation of other election materials.    (a) The director shall prescribe the form of and prepare tinted sample ballots and all other materials, forms, and supplies required for the election.
(b) The director shall prepare and issue or make available with each sample ballot for a special election the statement provided for in AS 24.08.037 of the scope of each project included in a proposed general obligation bond issue creating a state debt for capital improvements that is submitted to the electorate for ratification under AS 15.15.030(11). The statement of scope for each project shall be the same statement included in the authorization bill. When a ballot proposition is submitted to the voters at a primary or a special election, a statement the same as that provided for in the election pamphlet under AS 15.58.020(a)(6) shall be made available with each sample ballot.
(c) The director shall provide materials, forms, and supplies for each polling place, including information regarding the date of the election and hours the polling place will be open, instructions on how to cast a questioned ballot, instructions for first-time voters who initially registered by mail, general information on voting rights, prohibitions on acts of fraud and misrepresentation, and whom to contact to report violations.

Sec. 15.15.050. Distribution of election materials. The director shall distribute an adequate supply of sample and official ballots and all other materials, forms, and supplies required for the election to the election supervisors for distribution to chairpersons of election boards in precincts not less than 25 days before the date for the election.

Sec. 15.15.060. Polling places, voting booths, and supplies.    (a) Immediately following the appointment of the election board, the election supervisor in conjunction with the election board chair shall secure polling places for holding the election, suitable ballot boxes that will assure security, and an adequate number of voting booths or screens, national flags, pens, and pencils. At every polling place, at least one voting booth shall be furnished and not less than one voting booth or screen shall be furnished for each 100 votes or fractional part of 100 votes cast in the previous election. At every polling place, at least one-half of the voting booths used shall be not less than six feet in height, enclosed on three sides, and provided with a curtain extending from the top of the voting booth to within approximately 30 inches of the floor. The curtain of the voting booth must conceal the voter while voting. The election supervisor and the election board chair may, in an emergency, secure an alternate location for a polling place.
(b) To assure administrative economy and to protect the secrecy of the ballot, the director may adopt regulations prescribing
(1) the type of polling place for holding the election;
(2) the requirements regarding ballot boxes, voting screens, national flags, and other supplies; and
(3) subject to the specifications of (a) of this section, the requirements regarding voting booths.
(c) The director shall pay the cost of necessary election expenses incurred in securing a place for holding the election, a suitable ballot box, and an adequate number of voting booths, screens, national flags, and other supplies. The national flag shall be displayed over or near the entrance of each polling place.
(d) When the director determines that there is an area in the state where a voter may be confused as to the voter’s correct precinct polling place, the director shall provide each polling place in that area with maps and materials that indicate house district boundaries, precinct boundaries, and polling places.

Sec. 15.15.070. Public notice of election required.    (a) The director shall give and is authorized to contract to give full public notice of the election. The director may select a manner reasonably calculated to give actual knowledge of the election to the voters.
(b) The notice shall be given by publication at least twice in one or more newspapers of general circulation in each of the four judicial districts. The printed notice must specifically include the date of election, the hours between which the polling places will be open, the offices to which candidates are to be nominated or elected, and the subject of the propositions and questions that are to be voted on.
(c) Public notice shall also be given by posting notices in those communities that do not have newspapers of general circulation where posting of notice is considered necessary by the director. The posted notice must specifically include the date of election, the location of the polling places, the hours between which the polling places will be open, the offices to which candidates are to be nominated or elected, the subject of the propositions and questions that are to be voted on, and other information considered necessary by the director.
(d) The first publication, broadcast, or posting of the notice shall be made not less than 10 days before the election.
(e) [Repealed, Sec. 15 ch 82 SLA 2000].
(f) [Repealed, Sec. 15 ch 82 SLA 2000].
(g) The director shall pay the cost of election expenses incurred in giving notice of an election.
(h) An abbreviated form of the notice published under (b) of this section shall be broadcast on one or more radio or television stations in each of the four judicial districts. The broadcast notice must include at a minimum the date of the election, the hours between which the polling places will be open, and the address and phone number of the election supervisor or supervisors for the judicial district in which the notice is broadcast.

Sec. 15.15.080. Time for opening and closing polls.    (a) Except as provided in (b) of this section, on the day of any election, each election board shall open the polls for voting at seven o’clock in the morning, shall close the polls for voting at eight o’clock in the evening, and shall keep the polls open during the time between these hours. The election board members shall report to the polling place at 6:30 in the morning of an election day.
(b) On the day of any election that is not a general election, a primary election, a special election, or a federal election held under this title, the director shall require each election board to open the polls for voting at eight o’clock in the morning, shall close the polls for voting at eight o’clock in the evening, and shall keep the polls open during the time between these hours. The election board members shall report to the polling place one-half hour before the polls are to open on election day.

Sec. 15.15.090. Designation of precinct polling place. The polling place shall be located within the precinct unless the election supervisor and the election board chairperson determine that a building located in an adjoining precinct is more suitable or convenient to the voters.

Sec. 15.15.100. Time off for voting. A qualified voter who does not have sufficient time outside working hours within which to vote at a state election may, without loss of pay, take off as much working time as will enable voting. If any employee has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee’s regular working shift, or between the end of the regular working shift and the closing of the polls, the employee shall be considered to have sufficient time outside working hours within which to vote.

Sec. 15.15.110. General duties and oath of election board. The election board shall supervise the election in the precinct. Before entering upon the duties of office, each election official shall take an oath to honestly, faithfully, and promptly perform the duties of office. Any appointed election official, including an appointed election official who has not personally subscribed to the oath, may administer the oath to another election official. The chairperson of the election board shall rotate the time at which election officials may be relieved for meals.

Sec. 15.15.120. Filling vacancies in election board. If an appointed election board member fails to appear and subscribe to the oath on election day or becomes incapacitated during the time of the election or the counting of the ballots, the election board members present shall elect, by a majority voice vote, a qualified voter to fill the vacancy. The qualified voter elected to fill the vacancy shall be of the same political party as the person for whom the substitution is made unless, after reasonable effort, the election board members determine that a qualified voter of the same political party is not available.

Sec. 15.15.130. Majority decision of election board. The decision of the majority of election board members determines the action that the election board shall take regarding any question that arises during the course of the election.

Sec. 15.15.140. Permitted use of unofficial ballots.    (a) If the election board receives an insufficient number of official ballots or official election materials, it shall provide and the voters may use unmarked substitute ballots or other election materials to indicate the intent of the voter.
(b) The election board shall certify the facts which prevented the use of the official ballots and materials and shall include the certificate in the election returns to the director. The initial failure to certify to the facts or include the certificate required does not invalidate any ballots.
(c) On disclosure that unofficial ballots have been used without the certification required under (b) of this section, the director shall notify the chairperson of the election board by telephone or electronic transmission of the failure to certify the ballots properly.
(d) The director may accept a certificate made by electronic transmission and count the ballots if the certificate is proper and actually received by the director within 10 days after the date that the chairperson of the election board was notified under (c) of this section.

Sec. 15.15.150. Official opening of polls. On the day and hour of election, the election board shall announce that the polls are open and receive the voters.

Sec. 15.15.160. Prohibition of political discussion by election board. During the hours that the polls are open, an election board member may not discuss any political party, candidate, or issue while on duty.

Sec. 15.15.170. Prohibition of political persuasion near election polls. During the hours the polls are open, a person who is in the polling place or within 200 feet of any entrance to the polling place may not attempt to persuade a person to vote for or against a candidate, proposition, or question. The election officials shall post warning notices at the required distance in the form and manner prescribed by the director.

Sec. 15.15.180. Keeping of register. The election officials shall keep a register or registers in which each voter before receiving a ballot shall sign the voter’s name and give both a residence and mailing address. A record shall be kept in the registration book in space provided of the names of persons who offer to vote but who actually do not vote, and a brief statement of explanation. The signing of the register constitutes a declaration by the voter that the voter is qualified to vote.

Sec. 15.15.190. Keeping of duplicate register. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.15.180].    Repealed or Renumbered

Sec. 15.15.195. Voters on official registration list. An election official in a precinct shall allow a voter on the official registration list to vote in the precinct unless the voter is questioned in accordance with AS 15.15.210.

Sec. 15.15.198. Voters not on official registration list.    (a) If a voter’s name does not appear on the official registration list in the precinct in which the voter seeks to vote, the election official shall affirmatively advise the voter that the voter may cast a questioned ballot, and the voter shall be allowed to vote a questioned ballot. At the time the voter casts a questioned ballot, the voter shall be given written information stating that the voter will be able to ascertain whether the ballot was counted and, if not counted, the reason the ballot was not counted.
(b) A person whose registration is inactive under AS 15.07.130(b) and who votes a questioned or absentee ballot shall have the ballot counted if
(1) the person was registered to vote in the last four calendar years;
(2) the person signs a statement to that effect; and
(3) the earlier registration is verified by the director.

Sec. 15.15.200. Questioning of voter of doubtful qualification. [Repealed, Sec. 38 ch 116 SLA 1972].    Repealed or Renumbered

Sec. 15.15.210. Questioning of voters of suspect qualification. Every election official shall question, and every watcher and any other person qualified to vote in the precinct may question, a person attempting to vote if the questioner has good reason to suspect that the questioned person is not qualified under AS 15.05. All questions regarding a person’s qualifications to vote shall be made in writing setting out the reason the person has been questioned. A questioned person shall, before voting, subscribe to a declaration in a form provided by the director attesting to the fact that in each particular the person meets all the qualifications of a voter, is not disqualified, and has not voted at the same election, and certifying that the person understands that a false statement on the declaration may subject the person to prosecution for a misdemeanor under this title or AS 11. After the questioned person has executed the declaration, the person may vote. If the questioned person refuses to execute the declaration, the person may not vote.

Sec. 15.15.213. Questioning a voter’s ballot. [Repealed, Sec. 43 ch 85 SLA 1988].    Repealed or Renumbered

Sec. 15.15.215. Disposition of questioned votes.    (a) A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. When the ballot box is opened, the envelopes shall be segregated, counted, compared to the voting list, and delivered to the official or body supervising the election. The merits of the question shall be determined by this official or body in accordance with the procedure prescribed for questioned votes in AS 15.20.207.
(b) [Repealed, Sec. 231 ch 100 SLA 1980].

Sec. 15.15.220. Administration of oaths. Any election official may administer to a voter any oath that is necessary in the administration of the election.

Sec. 15.15.225. Voter identification at polls.    (a) Before being allowed to vote, each voter shall exhibit to an election official one form of identification, including
(1) an official voter registration card, driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
(2) an original or a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item exhibited under this paragraph must show the name and current address of the voter.
(b) An election official may waive the identification requirement if the election official knows the identity of the voter. The identification requirement may not be waived for voters who are first-time voters who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, and did not provide identification as required in AS 15.07.060.
(c) A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.

Sec. 15.15.230. Providing ballot to voter. When the voter has qualified to vote, the election official shall give the voter an official ballot. The voter shall retire to a booth or private place to mark the ballot.

Sec. 15.15.240. Voter assistance. A qualified voter needing assistance in voting may request an election official, a person, or not more than two persons of the voter’s choice to assist. If the election official is requested, the election official shall assist the voter. If any other person is requested, the person shall state upon oath before the election official that the person will not divulge the vote cast by the person assisted.

Sec. 15.15.250. Disposition of spoiled ballot. If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and the election board shall provide another ballot, with a maximum of three. The board shall record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot immediately without examining it.

Sec. 15.15.260. Placing ballot in ballot box by voter. When the voter has marked a ballot, the voter shall inform the election official. The ballot shall be deposited in the ballot box by the voter in the presence of the election official unless the voter requests the election official to deposit the ballot on the voter’s behalf. Separate ballot boxes may be used for separate ballots.

Sec. 15.15.270. Prohibiting the leaving of the polling place with ballot. A voter may not leave the polling place with the official ballot that the voter received to mark.

Sec. 15.15.280. Prohibiting the exhibition of marked ballots. Subject to AS 15.15.240 a voter may not exhibit the voter’s ballot to an election official or any other person so as to enable any person to ascertain how the voter marked the ballot.

Sec. 15.15.290. Prohibiting the identification of ballots. While the polls are open, an election official may not open any ballot received from a voter, or mark a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempt to learn how a voter marked a ballot, or allow the same to be done by another person.

Sec. 15.15.300. Prohibiting the count of exhibited ballots. An election official may not allow a ballot to be placed in the ballot box that the official knows to have been unlawfully exhibited by the voter. A ballot unlawfully exhibited shall be recorded as a spoiled ballot and destroyed.

Sec. 15.15.310. Official closing of polls. Fifteen minutes before and at the time of closing the polls, the election board shall announce the present time and the time of closing the polls.

Sec. 15.15.320. Voters in line when polls close. Every qualified voter present and in line at the time prescribed for closing the polls may vote.

Sec. 15.15.330. Commencement of ballot count. When the polls are closed and the last vote has been cast in a hand-count precinct, the election board shall immediately proceed to open the ballot box and to count the votes cast. In all cases, the election board shall cause the count to be continued without adjournment until the count is complete.

Sec. 15.15.340. Duties, oath, and vacancies of additional election officials. Additional election officials shall report to the election board at the polls at the time designated by the election supervisor or the chairperson of the election board to assume their duties to assist the election board in counting the vote. Before undertaking the duties of office, each additional election official shall subscribe to an oath to honestly, faithfully, impartially, and promptly carry out the duties of the position. If an additional election official fails to appear and subscribe to the oath at the time designated by the election supervisor, the election board shall appoint any qualified voter to fill the vacancy.

Sec. 15.15.350. General procedure for ballot count.    (a) The director may adopt regulations prescribing the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the elections supervisor or the election supervisor’s designee. The board shall count the number of questioned ballots and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. The election board, in hand-count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read. A person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for mailing may not have a marking device in hand or remove a ballot from the immediate vicinity of the polls.
(b) Ballots may not be counted before 8:00 p.m., local time, on the day of the election.

Sec. 15.15.360. Rules for counting ballots.    (a) The election board shall count ballots according to the following rules:
(1) A voter may mark a ballot only by filling in, making “X” marks, diagonal, horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that are clearly spaced in the oval opposite the name of the candidate, proposition, or question that the voter desires to designate.
(2) A failure to properly mark a ballot as to one or more candidates does not itself invalidate the entire ballot.
(3) If a voter marks fewer names than there are persons to be elected to the office, a vote shall be counted for each candidate properly marked.
(4) If a voter marks more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.
(5) The mark specified in (1) of this subsection shall be counted only if it is substantially inside the oval provided, or touching the oval so as to indicate clearly that the voter intended the particular oval to be designated.
(6) Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.
(7) An erasure or correction invalidates only that section of the ballot in which it appears.
(8) A vote marked for the candidate for President or Vice-President of the United States is considered and counted as a vote for the election of the presidential electors.
(9) [Repealed, Sec. 3 ch 10 SLA 2011].
(10) [Repealed, Sec. 3 ch 10 SLA 2011].
(11) [Repealed, Sec. 3 ch 10 SLA 2011].
(12) [Repealed, Sec. 3 ch 10 SLA 2011].
(b) The rules set out in this section are mandatory and there are no exceptions to them. A ballot may not be counted unless marked in compliance with these rules.
(c) [Repealed, Sec. 24 ch 113 SLA 2003].
(d) Write-in votes shall be counted according to the following rules:
(1) writing in the name of a candidate whose name is printed on the ballot does not invalidate a write-in vote unless the director determines, on the basis of other evidence, that the ballot was so marked for the purpose of identifying the ballot;
(2) in order to vote for a write-in candidate, the voter must write in the candidate’s name in the space provided and fill in the oval opposite the candidate’s name in accordance with (a)(1) of this section;
(3) a vote for a write-in candidate, other than a write-in vote for governor and lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name of the candidate, as it appears on the write-in declaration of candidacy, or the last name of the candidate is written in the space provided;
(4) if the write-in vote is for governor and lieutenant governor, the vote shall be counted if the oval is filled in and the names of the candidates for governor and lieutenant governor, as they appear on the write-in declaration of candidacy, or the last names of the candidates for governor and lieutenant governor, or the name of the candidate for governor, as it appears on the write-in declaration of candidacy, or the last name of the candidate for governor is written in the space provided;
(5) in counting votes for a write-in candidate, the director shall disregard any abbreviation, misspelling, or other minor variation in the form of the name of a candidate if the intention of the voter can be ascertained.

Sec. 15.15.361. Stickers. Affixing stickers on a ballot in an election to vote for a write-in candidate is prohibited.

Sec. 15.15.365. Counting of write-in votes in general election.    (a) Write-in votes on a general election ballot shall be counted for a candidate only if the aggregate of all votes cast for all write-in candidates for the particular office is
(1) the highest number of votes received by any candidate for the office; or
(2) the second highest number of votes received by any candidate and the difference between the total number of votes received by the candidate having the highest number of votes and the aggregate of all votes cast for all write-in candidates for the office is less than the percentage necessary for a recount at the state’s cost under AS 15.20.450.
(b) Write-in votes that do not meet the requirements of this section may not be individually counted under this section.
(c) If the director determines that the requirements of (a) of this section have been met, the director shall establish the date for counting those write-in votes, and the director, or a designee of the director, shall count all write-in ballots under AS 15.15.360(d).
(d) This section does not apply to the counting of federal write-in absentee ballots submitted under 42 U.S.C. 1973ff.
(e) Write-in ballots shall be counted by the director, or a designee of the director, in a public place at the location where write-in ballots are sent for counting following an election.

Sec. 15.15.370. Completion of ballot count; certificate. When the count of ballots is completed, and in no event later than the day after the election, the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, for and against each proposition, yes or no on each question, and any additional information prescribed by the director. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the director one copy of the certificate and the register. In addition, all ballots properly cast shall be mailed to the director in a separate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from which they come. Each board shall, immediately upon completion of the certification and as soon thereafter as the local mail service permits, send the duplicate certificate to the respective election supervisor. The director may authorize election boards in precincts in those areas of the state where distance and weather make mail communication unreliable to forward their election results by telephone, telegram, or radio. The director may authorize the unofficial totaling of votes on a regional basis by election supervisors, tallying the votes as indicated on duplicate certificates. To assure adequate protection the director shall prescribe the manner in which the ballots, registers, and all other election records and materials are thereafter preserved, transferred, and destroyed.

Sec. 15.15.380. Payment of election board members. The director shall pay each election board member for time spent at election duties, including the receiving of instructions. Election board chairpersons and the chairperson and members of the absentee ballot, questioned ballot, and state ballot counting review boards shall be paid for time spent at their election duties. The director shall set the compensation to be paid under this section by regulation.

Sec. 15.15.390. Election expenses. The director shall prescribe the manner of certifying, auditing, and paying election expenses, including the cost of giving notice, renting polling places, paying election officials, securing a ballot box, postage, and stationery, and obtaining similar election necessities.

Sec. 15.15.400. Preparation of voter list. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons who voted in the election and their political party affiliation. Any person may obtain a copy of the list, or a part of the list, or a computer tape containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director.

Sec. 15.15.410. Plural voting. Upon a determination that a person has voted more than once in the same election, the director shall notify the attorney general.

Sec. 15.15.420. Duty to review the ballot counting. The director shall review the counting of the ballots with the assistance of and in the presence of the appointed representatives from the political parties.

Sec. 15.15.430. Scope of the review of ballot counting.    (a) The review of ballot counting by the director shall include only
(1) a review of the precinct registers, tallies, and ballots cast;
(2) a review of absentee and questioned ballots as prescribed by law; and
(3) unless the ballot for the house district contains nothing but uncontested offices, a hand count of ballots from one randomly selected precinct in each house district that accounts for at least five percent of the ballots cast in that district.
(b) If, following the ballot review set out in (a) of this section, the director finds there is a discrepancy of more than one percent between the results of the hand count under (a)(3) of this section and the count certified by the election board, the director shall conduct a hand count of the ballots from that district.
(c) If the director finds an unexplained discrepancy in the ballot count in any precinct, the director may count the ballots from that precinct.
(d) The director shall certify in writing to the state ballot counting review board and publish on the division’s Internet website any changes resulting from a count performed under (b) or (c) of this section.

Sec. 15.15.440. State ballot counting review. The state ballot counting review shall begin as soon as practicable after the election is completed and no later than 16 days after an election and shall be continued until completed. The director may designate the hours each day during which the state ballot counting review board is to conduct its ballot counting review. The director shall close the review when the director is satisfied that no missing precinct certificate of election would, if received, change the result of the election. If no election certificate has been received from a precinct, the director may secure from the election supervisors and may count a certified copy of the duplicate election certificate of the precinct. If no election materials have been received, but election results have been received by telephone, telegram, or radio, the director shall count the election results so received. If the director has reason to believe that a missing precinct certificate, if received, would affect the result of the election, the director shall await the receipt of the certificate until the close of business on the 15th day after the date of election. A certificate not actually delivered to the director by the close of business on the 15th day after the election may not be counted at the state ballot counting review.

Sec. 15.15.450. Certification of state ballot counting review. Upon completion of the state ballot counting review the director shall certify the person receiving the largest number of votes for the office for which that person was a candidate as elected to that office and shall certify the approval of a justice or judge not rejected by a majority of the voters voting on the question. The director shall issue to the elected candidates and approved justices and judges a certificate of their election or approval. The director shall also certify the results of a proposition and other question except that the lieutenant governor shall certify the results of an initiative, referendum, or constitutional amendment.

Sec. 15.15.460. Tie votes. If two or more candidates tie in having the highest number of votes for the same office for which there is to be elected only one candidate, the director shall so notify the candidates who are tied. The director shall immediately proceed with the recount of votes in the manner provided by AS 15.20.430 – 15.20.530.

Sec. 15.15.470. Preservation of election ballots, papers, and materials. The director shall preserve all precinct election certificates, tallies, and registers for four years after the election. All ballots and stubs for elections other than national elections may be destroyed 30 days after the certification of the state ballot counting review unless an application for recount has been filed and not completed, or unless their destruction is stayed by an order of the court. All ballots for national elections may be destroyed in accordance with federal law. The director may permit the inspection of election materials upon call by the Congress, the state legislature, or a court of competent jurisdiction.

Sec. 15.15.480. Security of ballots. All official ballots in the possession of election officials, whether voted or not voted, shall be kept in a secure manner until destroyed in accordance with law. The director shall provide for the security of ballots during transportation and storage under AS 44.62 (Administrative Procedure Act).

Sec. 15.15.500. – 15.15.535l [Repealed, Sec. 1 ch 34 SLA 2001].    Repealed or Renumbered

Sec. 15.15.550. – 15.15.575l [Repealed, Sec. 1 ch 34 SLA 2001].    Repealed or Renumbered

Article 01. ABSENTEE VOTING

Chapter 15.20 SPECIAL PROCEDURES FOR ELECTIONS

Sec. 15.20.010. Persons who may vote absentee. At any election a qualified voter may vote an absentee ballot for any reason.

Sec. 15.20.015. Moving from house district just before election. A person who meets all voter qualifications except the requirement in AS 15.05.010(3) is qualified to vote by absentee ballot in the house district in which the person formerly resided if the person lived in that house district for at least 30 days immediately before changing residence, except that the person may vote only for
(1) statewide ballot measures and questions;
(2) candidates for federal or statewide offices;
(3) candidates for the state senate if the voter’s former residence and present residence are in the same senate district; and
(4) candidates for judicial retention if the voter’s former residence and present residence are in the same judicial district.

Sec. 15.20.020. Provision for general administrative supervision. The director shall provide general administrative supervision over the conduct of absentee voting. The director shall make available instructions to absentee voters regarding the procedure for absentee voting.

Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The director shall provide ballots for use as absentee ballots in all districts. The director shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, and shall provide an envelope with the prescribed voter’s certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the form of and prepare the voter’s certificate, envelopes, and other material used in absentee voting. The voter’s certificate shall include a declaration, for use when required, that the voter is a qualified voter in all respects, a blank for the voter’s signature, a certification that the affiant properly executed the marking of the ballot and gave the voter’s identity, blanks for the attesting official or witness, and a place for recording the date the envelope was sealed and witnessed. The envelope with the voter’s certificate must include a notice that false statements made by the voter or by the attesting official or witness on the certificate are punishable by law.

Sec. 15.20.040. Distribution of ballots, envelopes, and other material. The director shall distribute the absentee ballots, envelopes, and other absentee voting material to the election supervisors for redistribution to absentee voting officials and absentee ballot stations established under AS 15.20.045(b) before the date upon which a person may first apply for an absentee ballot in person.

Sec. 15.20.045. Designation of absentee voting officials and stations.    (a) The director or election supervisor may designate persons to act as absentee voting officials under AS 15.20.010 – 15.20.220 in areas where election supervisors do not have offices. Magistrates may, with the approval of the administrative director of the Alaska Court System, be designated under this section. At least 15 days before the election the director shall supply each absentee voting official with appropriate ballots.
(b) The director may designate by regulation adopted under AS 44.62 (Administrative Procedure Act) locations at which absentee voting stations will be operated on or after the 15th day before an election up to and including the date of the election. The director shall supply absentee voting stations with ballots for all house districts in the state and shall designate absentee voting officials to serve at absentee voting stations.
(c) In a municipality in which the division will not be operating an absentee voting station, the director may designate the municipal clerk as an absentee voting official for the limited purpose of distributing absentee ballots to qualified voters under AS 15.20.061(a)(1) and qualified voters’ representatives under AS 15.20.072. At least 15 days before the election, the director shall supply municipal clerks designated under this subsection with absentee ballots.

Sec. 15.20.048. Absentee voting in offices of election supervisors. [Repealed, Sec. 61 ch 2 FSSLA 2005].    Repealed or Renumbered

Sec. 15.20.050. Requirement of full public notice. The director shall give full public notice of the dates and manner of voting absentee and may select any means of communication permitted to be used in giving notice of the date and time of the general election. The director shall give notice under this section of the location of absentee voting stations at least 45 days before each election.

Sec. 15.20.060. Application in person or by a representative. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.061 and 15.20.062].    Repealed or Renumbered

Sec. 15.20.061. Absentee voting in person.    (a) A qualified voter may apply in person for an absentee ballot to the following election officials at the times specified:
(1) to an absentee voting official on or after the 15th day before an election up to and including the date of the election;
(2) to an election supervisor on or after the 15th day before an election up to and including the date of the election;
(3) to an absentee voting official at an absentee voting station designated under AS 15.20.045(b) on or after the 15th day before an election up to and including the date of the election;
(4) to an absentee voting official in the precinct in which no volunteers can be located to serve on the election board on or after the 15th day before an election up to and including election day.
(b) On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in AS 15.15.225, the absentee voting official or election supervisor shall issue the ballot to the applicant.
(c) On receipt of an absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, and to sign the voter’s certificate on the envelope in the presence of the election official who shall sign as attesting official and date that signature. The election official shall then accept the ballot.
(d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter spoils a ballot, the voter may request and the election official shall provide another ballot up to a maximum of three. Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement.
(e) Each election official shall keep a record of the names and signatures of voters who cast absentee ballots before the election official and the dates on which the ballots were cast.

Sec. 15.20.062. Applications for ballot by personal representative. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.061 and 15.20.081].    Repealed or Renumbered

Sec. 15.20.064. Early voting.    (a) For 15 days before an election and on election day, a qualified voter who meets the requirements set out in this section may vote in locations designated by the director.
(b) The election supervisor or other election official shall issue a ballot to the voter upon
(1) exhibition of proof of identification as required in AS 15.15.225;
(2) verification that the voter’s residence address appearing on the official registration list is current; and
(3) the voter’s signing the early voting register.
(c) After the voter has marked the ballot, the voter shall place the ballot in the secrecy sleeve and inform the election supervisor or other election official. The voter shall deposit the ballot in the ballot box in the presence of the election supervisor or other election official unless the voter requests the election supervisor or other election official to deposit the ballot on the voter’s behalf. The tabulation of early voting ballots may not begin before 8:00 p.m. prevailing time on election day.
(d) The director shall designate locations for early voting by June 1 of an election year.

Sec. 15.20.065. Applications for ballot by personal representative. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.061 and 15.20.081].    Repealed or Renumbered

Sec. 15.20.066. Absentee voting by electronic transmission.    (a) The director shall adopt regulations applicable to the delivery of absentee ballots by electronic transmission in a state election and to the use of electronic transmission absentee voting in a state election by qualified voters. The regulations must
(1) require the voter to comply with the same time deadlines as for voting in person on or before the closing hour of the polls;
(2) ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process.
(b) An absentee ballot that is completed and returned by the voter by electronic transmission must
(1) contain the following statement: “I understand that, by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible,” followed by the voter’s signature and date of signature; and
(2) be accompanied by a statement executed under oath as to the voter’s identity; the statement under oath must be witnessed by
(A) a commissioned or noncommissioned officer of the armed forces of the United States;
(B) an official authorized by federal law or the law of the state in which the absentee ballot is cast to administer an oath; or
(C) an individual who is 18 years of age or older.

Sec. 15.20.070. Application for ballot by mail. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.081].    Repealed or Renumbered

Sec. 15.20.071. Absentee voting by personal representative. [Repealed, Sec. 93 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.20.072. Special needs voting.    (a) A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot.
(b) The voter may, through a representative, request a special needs ballot from the following election officials at the times specified:
(1) from an absentee voting official on or after the 15th day before an election, up to and including election day;
(2) from an election supervisor on or after the 15th day before an election up to and including election day;
(3) from an absentee voting official at an absentee voting station designated under AS 15.20.045(b) on or after the 15th day before an election up to and including the date of the election; or
(4) from a member of the precinct election board on election day.
(c) If the request for a special needs ballot is made through a representative, the representative shall sign a register provided by an election official. The register must include the following information:
(1) the representative’s name;
(2) the representative’s residence and mailing address;
(3) the representative’s social security number, voter identification number, or date of birth;
(4) the name of the voter on whose behalf the representative is requesting a ballot and voting materials;
(5) an oath that the representative
(A) is receiving a ballot and voting materials on behalf of the voter;
(B) will not vote the ballot for the voter;
(C) will not coerce the voter;
(D) will not divulge the vote cast by the voter; and
(E) has been notified that unlawful interference with voting is punishable under AS 15.56.030;
(6) the representative’s signature.
(d) The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter’s certificate in the presence of the representative. The representative shall sign as attesting official and date the voter’s signature.
(e) The representative shall deliver the ballot and voter certificate to an election official not later than 8:00 p.m. Alaska time on election day.
(f) If a qualified voter’s disability precludes the voter from performing any of the requirements of (d) of this section, the representative may perform those requirements, except making the voting decision, on the voter’s behalf.
(g) The voter’s employer, an agent of the voter’s employer, or an officer or agent of the voter’s union may not act as a representative for the voter. A candidate for office at an election may not act as a representative for a voter in the election.

Sec. 15.20.080. Date for application in person. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.061].    Repealed or Renumbered

Sec. 15.20.081. Absentee voting in general; applying for absentee ballot by mail or electronic transmission.    (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, or other electronic transmission to the director for an absentee ballot under this section. Another individual may apply for an absentee ballot on behalf of a qualified voter if that individual is designated to act on behalf of the voter in a written general power of attorney or a written special power of attorney that authorizes the other individual to apply for an absentee ballot on behalf of the voter. The application must include the address or, if the application requests delivery of an absentee ballot by electronic transmission, the telephone electronic transmission number, to which the absentee ballot is to be returned, the applicant’s full Alaska residence address, and the applicant’s signature. However, a person residing outside the United States and applying to vote absentee in federal elections in accordance with AS 15.05.011 need not include an Alaska residence address in the application. A person may supply to a voter an absentee ballot application form with a political party or group affiliation indicated only if the voter is already registered as affiliated with the political party or group indicated. Only the voter or the individual designated by the voter in a written power of attorney under this subsection may mark the voter’s choice of primary ballot on an application. A person supplying an absentee ballot application form may not design or mark the application in a manner that suggests choice of one ballot over another, except that ballot choices may be listed on an application as authorized by the division. The application must be made on a form prescribed or approved by the director. The voter or registration official shall submit the application directly to the division of elections. For purposes of this subsection, “directly to the division of elections” means that an application may not be submitted to any intermediary that could control or delay the submission of the application to the division or gather data on the applicant from the application form. However, nothing in this subsection is intended to prohibit a voter from giving a completed absentee ballot application to a friend, relative, or associate for transfer to the United States Postal Service or a private commercial delivery service for delivery to the division.
(b) An application requesting delivery of an absentee ballot to the applicant by mail must be received by the division of elections not less than 10 days before the election for which the absentee ballot is sought. An application for an absentee ballot for a state election from a qualified voter requesting delivery of an absentee ballot to the applicant by electronic transmission must be received by the division of elections not later than 5:00 p.m. Alaska time on the day before the election for which the absentee ballot is sought. An absentee ballot application submitted by mail under this section must permit the person to register to vote under AS 15.07.070 and to request an absentee ballot for each state election held within that calendar year for which the voter is eligible to vote. An absentee ballot application submitted by electronic transmission under this section may not include a provision that permits a person to register to vote under AS 15.07.070.
(c) After receipt of an application, the director shall send the absentee ballot and other absentee voting material to the applicant by the most expeditious mail service. However, if the application requests that an absentee ballot for a state election be sent by electronic transmission, the director shall send the absentee ballot and other absentee voting material to the applicant by electronic transmission. Except as provided in (k) of this section, the absentee ballot and other absentee voting material shall be sent as soon as they are ready for distribution. If the absentee ballot and other absentee voting material are mailed to the applicant, the return envelope sent with the ballot and other materials shall be addressed to the election supervisor in the district in which the voter is a resident.
(d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, registration official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, and to sign the voter’s certificate on the envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date the signature. If none of the officials listed in this subsection is reasonably accessible, an absentee voter shall sign the voter’s certificate in the presence of an individual who is 18 years of age or older, who shall sign as a witness and attest to the date on which the voter signed the certificate in the individual’s presence, and, in addition, the voter shall certify, as prescribed in AS 09.63.020, under penalty of perjury, that the statements in the voter’s certification are true.
(e) An absentee ballot must be marked on or before the date of the election. Except as provided in (h) of this section, a voter who returns the absentee ballot by mail, whether provided to the voter by mail or by electronic transmission, shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the election supervisor for the house district in which the voter seeks to vote. Except as provided in AS 15.20.480, the ballot may not be counted unless it is received by the close of business on the 10th day after the election. If the ballot is postmarked, it must be postmarked on or before election day. After the day of the election, ballots may not be accepted unless received by mail.
(f) The director shall require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of the voter’s identity as prescribed by regulations adopted under AS 44.62 (Administrative Procedure Act). If the voter is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 and has not met the identification requirements set out in AS 15.07.060, the voter must provide one of the following forms of proof of identification:
(1) a copy of a driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
(2) a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item provided under this paragraph must show the name and current address of the voter.
(g) The director shall maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is mailed or provided by electronic transmission and the date on which the ballot is received by the election supervisor and the dates on which the ballot was executed and postmarked.
(h) Except as provided in AS 15.20.480, an absentee ballot returned by mail from outside the United States or from an overseas voter qualifying under AS 15.05.011 that has been marked and mailed not later than election day may not be counted unless the ballot is received by the election supervisor not later than the close of business on the
(1) 10th day following a primary election or special election under AS 15.40.140; or
(2) 15th day following a general election, special runoff election, or special election, other than a special election described in (1) of this subsection.
(i) [Repealed, Sec. 44 ch 73 SLA 2013].
(j) The director shall adopt regulations under AS 44.62 (Administrative Procedure Act) specifying the information required to be included on an absentee ballot application form. The regulations must require that an absentee ballot application form
(1) contain only that information required under regulations adopted by the director;
(2) conceal the personal information of the individual requesting delivery of an absentee ballot while the application is in the custody of the United States Postal Service or other person delivering the application to the division;
(3) specify that the form is to be returned by the voter directly to the division, and not to another person providing the form; and
(4) if not prepared by the division, be approved by the director before distribution to the public.
(k) In accordance with 42 U.S.C. 1973ff-1(a)(8)(A), if an application is received at least 45 days before an election and is from an absent uniformed services voter or an overseas voter, the director shall send an absentee ballot and other voting material to the applicant not later than 45 days before the election.
(l) If an application is received at least 45 days before an election and is from a voter who notifies the director in writing that the voter expects to be living, working, or traveling outside the United States at the time of the election or expects to be living, working, or traveling in a remote area of the state where distance, terrain, or other natural conditions deny the voter reasonable access to a polling place at the time of the election, the director shall send an absentee ballot and other voting material to the applicant not later than 45 days before the election.

Sec. 15.20.082. Absentee voting by mail from outside the United States or in a remote area; special absentee ballots. [Repealed, Sec. 44 ch 73 SLA 2013].    Repealed or Renumbered

Sec. 15.20.090. – 15.20.150l Dates for and procedure on applications; casting votes. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.20.160. Fee prohibited. A person may not receive a fee from the voter for attesting to any voter’s certificate required in voting absentee.

Sec. 15.20.170. Disposition of ballots. Each absentee voting official shall transmit the dated envelopes containing the marked ballots by the most expeditious mail service to the election supervisor for the district. Upon receipt of the absentee ballots the election supervisor shall stamp on the envelope the date on which the ballot is received.

Sec. 15.20.180. Names of absentee voters to be made available. The election supervisors and election officials shall have available for public inspection the names and addresses of persons who voted absentee.

Sec. 15.20.190. Appointment, duties, and compensation of district counting boards.    (a) Thirty days before the date of an election, the election supervisors shall appoint, in the same manner provided for the appointment of election officials prescribed in AS 15.10, district absentee ballot counting boards and district questioned ballot counting boards, each composed of at least four members. At least one member of each board must be a member of the same political party of which the governor is a member, and at least one member of each board must be a member of the political party whose candidate for governor received the second largest number of votes in the preceding gubernatorial election. The district boards shall assist the election supervisors in counting the absentee and questioned ballots and shall receive the same compensation paid election officials under AS 15.15.380.
(b) [Repealed, Sec. 92 ch 82 SLA 2000].

Sec. 15.20.200. Time of district canvass and for counting absentee ballots. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.201].    Repealed or Renumbered

Sec. 15.20.201. Time of district absentee ballot counting review.    (a) No less than seven days preceding the day of election, the election supervisor, in the presence and with the assistance of the district absentee ballot counting board, shall review all voter certificates of absentee ballots received by that date. The review of absentee ballots shall continue at times designated by the election supervisor until completed.
(b) Counting of absentee ballots that have been reviewed shall begin at 8:00 p.m., local time, on the day of the election at places designated by each election supervisor and shall continue until all absentee ballots reviewed and eligible for counting have been counted. The counting teams shall report the count of absentee ballots to the district absentee ballot counting board. An election supervisor or an election official may not count absentee ballots before 8:00 p.m., local time, on the day of the election. Counting of the absentee ballots shall continue at times designated by the election supervisor until all absentee ballots are counted.
(c) Not later than the 15th day following the day of the election, the district absentee ballot counting board shall certify the absentee ballot review.
(d) Absentee ballots received in the office of an election supervisor after the completion of the district absentee ballot counting review shall be forwarded immediately to the director by the most expeditious service.

Sec. 15.20.203. Procedure for district absentee ballot counting review.    (a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election and whether the absentee ballot has been properly cast.
(b) An absentee ballot may not be counted if
(1) the voter has failed to properly execute the certificate;
(2) an official or the witnesses authorized by law to attest the voter’s certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter’s certificate as attesting official as required under AS 15.20.061(c);
(3) the ballot is not attested on or before the date of the election;
(4) the ballot, if postmarked, is not postmarked on or before the date of the election;
(5) after the day of election, the ballot was delivered by a means other than mail; or
(6) the voter voted
(A) in person and is a
(i) first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or
(ii) voter other than one described in (i) of this subparagraph, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3); or
(B) by mail or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060, and does not submit with the ballot a copy of a
(i) driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
(ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter.
(c) Any person present at the district absentee ballot counting review may challenge the name of an absentee voter when read from the voter’s certificate on the envelope if the person has good reason to suspect that the challenged voter is not qualified to vote, is disqualified, or has voted at the same election. The person making the challenge shall specify the basis of the challenge in writing. The district absentee ballot counting board by majority vote may refuse to accept and count the absentee ballot of a person properly challenged on grounds listed in (b) of this section.
(d) The election supervisor shall place all rejected absentee ballots in a separate envelope with the statements of challenge. The envelope shall be labeled “rejected absentee ballots” and shall be forwarded to the director with the election certificates and other returns.
(e) If an absentee ballot is not rejected, the envelope shall be opened and the secrecy sleeve containing the absentee ballot shall be placed in a container and mixed with other secrecy sleeves.
(f) The secrecy sleeves shall be drawn from the container, the absentee ballots shall be removed from the secrecy sleeves, and the absentee ballots counted at the times specified in AS 15.20.201 and according to the rules for determining properly marked ballots in AS 15.15.360.
(g) Upon completion of the absentee ballot review, the election supervisor shall prepare an election certificate for execution by the district absentee ballot counting board and shall forward the original certificate and other returns to the director no later than the 16th day following the election.
(h) The director shall prepare and mail to each absentee voter whose absentee ballot was rejected under this section a summary of the reason that the challenge to the absentee ballot was upheld and the absentee ballot was rejected.
(i) The director shall mail the materials described in (h) of this section to the voter not later than
(1) 10 days after completion of the review of ballots by the state review board for a primary election, or for a special election under AS 15.40.140 that is followed by a special runoff election;
(2) 60 days after certification of the results of a general election, special runoff election, or special election other than a special election described in (1) of this subsection.
(j) The director shall make available through a free access system to each absentee voter a system to check to see whether the voter’s ballot was counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than
(1) 10 days after certification of the results of a primary election, or a special election under AS 15.40.140 that is followed by a special runoff election; and
(2) 30 days after certification of the results of a general or special election, other than a special election described in (1) of this subsection.

Sec. 15.20.205. Time of district questioned ballot counting review.    (a) On the second day following the day of the election, the election supervisor or the supervisor’s designee, in the presence and with the assistance of the district questioned ballot counting board, shall review all voter certificates of questioned ballots received by that date. The review of questioned ballots shall continue at times designated by the election supervisor until completed.
(b) Counting of questioned ballots which have been reviewed shall begin on the third day following the day of the election and shall continue at times designated by the election supervisor until all questioned ballots reviewed and eligible for counting have been counted. The counting teams shall report the count to the district questioned ballot counting board.
(c) The district questioned ballot counting board may certify the questioned ballot totals as soon as the count is completed but no later than the 15th day following the election.
(d) Questioned ballots received after certification of the count shall be forwarded immediately to the director by the most expeditious service.

Sec. 15.20.207. Procedure for district questioned ballot review.    (a) The district questioned ballot counting board shall examine each questioned ballot envelope and shall determine whether the questioned voter is qualified to vote at the election and whether the questioned ballot has been properly cast.
(b) A questioned ballot may not be counted if the voter
(1) has failed to properly execute the certificate;
(2) is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or
(3) is a voter other than one described in (2) of this subsection, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3).
(c) Any person present at the district questioned ballot review may challenge the name of a questioned voter when read from the voter’s certificate on the envelope if the person has good reason to suspect that the questioned voter is not qualified to vote, is disqualified, or has voted at the same election. The person making the challenge shall specify the basis of the challenge in writing. The district questioned ballot counting board by majority vote may refuse to accept and count the questioned ballot of a person properly challenged under grounds listed in (b) of this section.
(d) The election supervisor shall place all rejected questioned ballots in a separate envelope with statements of challenge. The envelope shall be labeled “rejected questioned ballots” and shall be forwarded to the director with the election certificates and other returns.
(e) If a questioned ballot is not rejected, the envelope shall be opened and the secrecy sleeve containing the questioned ballot shall be placed in a container and mixed with other secrecy sleeves containing questioned ballots.
(f) The secrecy sleeves shall be drawn from the container, the questioned ballots shall be removed from the secrecy sleeves, and the questioned ballots counted at the times specified in AS 15.20.205 and according to the rules for determining properly marked ballots in AS 15.15.360.
(g) Upon completion of the questioned ballot review, the election supervisor shall prepare an election certificate for execution by the district questioned ballot counting board, and shall forward the original certificate and returns to the director as soon as the count is completed but no later than the 16th day following the election.
(h) The director shall prepare and mail to each questioned voter whose questioned ballot was rejected under this section a summary of the reason that the challenge to the questioned ballot was upheld and the questioned ballot was rejected.
(i) The director shall mail the materials described in (h) of this section to the voter not later than
(1) 10 days after completion of the review of ballots by the state review board for a primary election, or for a special election under AS 15.40.140 that is followed by a special runoff election;
(2) 60 days after certification of the results of a general or special election, other than a special election described in (1) of this subsection.
(j) In addition to mailing the materials under (i)(1) of this section, for a questioned voter whose questioned primary election ballot was rejected, not later than the deadline set out in (i)(1) of this section, the director shall
(1) determine whether, from the information obtained under AS 15.07.070(h), the voter’s name may be entered on the voter registration list;
(2) if the voter is eligible, register the voter in accordance with the information submitted by the voter under AS 15.07.070(h); and
(3) confirm or deny the registration by written notice mailed to the voter.
(k) The director shall make available through a free access system to each voter voting a questioned ballot a system to check to see whether the voter’s ballot was counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than
(1) 10 days after certification of the results of a primary election, or a special election under AS 15.40.140 that is followed by a special runoff election; and
(2) 30 days after the certification of the results of a general or special election, other than a special election described in (1) of this subsection.

Sec. 15.20.210. Procedure for district canvass. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.20.203].    Repealed or Renumbered

Sec. 15.20.211. Counting cross-district and certain write-in votes.    (a) If a qualified voter of the state votes a ballot for a house district other than the house district in which the voter is registered, that person may vote only for
(1) statewide ballot measures and questions;
(2) candidates for federal or statewide offices;
(3) candidates for the state senate if the voter’s former residence and present residence are in the same senate district; and
(4) candidates for judicial retention if the voter’s former residence and present residence are in the same judicial district.
(b) If a voter requested an absentee ballot and the proper absentee ballot was not sent to the voter, the votes cast by the voter on the ballot received which are for write-in candidates the voter could have voted for if the voter had received and voted the proper absentee ballot shall be counted.
(c) The director shall prepare and mail to each voter whose ballot was subject to partial counting under this section a summary of the reason that the challenge to the ballot was upheld and the ballot was subject to only a partial counting.
(d) The director shall mail the materials described in (c) of this section to the voter not later than
(1) 10 days after completion of the review of ballots by the state review board for a primary election, or for a special election under AS 15.40.140 that is followed by a special runoff election;
(2) 60 days after certification of the results of a general or special election, other than a special election described in (1) of this subsection.
(e) In addition to mailing the materials under (d)(1) of this section, for a questioned voter whose questioned primary election ballot was partially counted, not later than the deadline set out in (d)(1) of this section, the director shall
(1) determine whether, from the information obtained under AS 15.07.070(h), the voter’s name may be entered on the voter registration list;
(2) if the voter is eligible, register the voter in accordance with the information submitted by the voter under AS 15.07.070(h); and
(3) confirm or deny the registration by written notice mailed to the voter.
(f) The director shall make available through a free access system to each voter whose ballot was subject to partial counting under this section a system to check to see whether the voter’s ballot was partially counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than
(1) 10 days after certification of the results of a primary election, or a special election under AS 15.40.140 that is followed by a special runoff election; and
(2) 30 days after the certification of the results of a general or special election, other than a special election described in (1) of this subsection.

Sec. 15.20.220. Procedure for state review.    (a) When the director and appointed party representatives have completed the review of ballots cast at the voting precincts, they shall proceed to review the absentee and questioned ballot votes certified by the district counting boards. The review of the absentee and questioned ballot vote certified by the district counting boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error and by comparing the totals with the election certificate of results.
(b) The state review board shall review and count absentee ballots under AS 15.20.081(e) and (h) and questioned ballots that have been forwarded to the director and that have not been reviewed or counted by a district counting board.

Sec. 15.20.225. Definition of “state election”. In AS 15.20.010 – 15.20.225, “state election” means a primary, general, or special election a purpose of which is to
(1) select, nominate, or elect a governor, a lieutenant governor, an acting governor, a state senator, or a state representative;
(2) select, nominate, or elect delegates to a constitutional convention;
(3) approve or reject an initiative submitted under art. XI of the state constitution and AS 15.45.190 – 15.45.200 or a referendum submitted under art. XI of the state constitution and AS 15.45.420 – 15.45.440;
(4) recall an official identified in (1) of this section when authorized by art. XI of the state constitution and AS 15.45.650 – 15.45.690;
(5) approve or reject a proposed constitutional amendment submitted under AS 15.50; or
(6) ratify or reject a state general obligation bond when authorized by AS 37.15.

Sec. 15.20.230. – 15.20.420l Voting machines. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Article 02. ELECTION RECOUNTS Sec. 15.20.430. Authorization of recount application.    (a) A defeated candidate or 10 qualified voters who believe there has been a mistake made by an election official or by the counting board in counting the votes in an election, may file an application within five days after the completion of the state review to the director for a recount of the votes from any particular precinct or any house district and for any particular office, proposition, or question. However, the application may be filed only within three days after the completion of the state review after the general election for a recount of votes cast for the offices of governor and lieutenant governor. If there is a tie vote as provided in AS 15.15.460, the director shall initiate the recount and give notice to the interested parties as provided in AS 15.20.470.
(b) The date on which the director receives an application rather than the date of mailing or transmission determines whether the application is filed within the time allowed under (a) of this section. If the actual physical delivery by telegram of a copy in substance of the statements made in the application for recount is received in the office of the director at or before 5:00 p.m. Alaska Standard time on the due date, the application will be accepted; providing the original signed application is postmarked at or before 5:00 p.m. Alaska Standard time of the same day.

Sec. 15.20.440. Form of application.    (a) The application must state in substance the basis of the belief that a mistake has been made, the particular election precinct or house district for which the recount is to be held, the particular office, proposition, or question for which the recount is to be held, and that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The candidate or persons making the application shall designate by full name and mailing address two persons who shall represent the applicant and be present and assist during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by 10 qualified voters must also include the designation of one of the number as chair. The candidate or persons making the application shall sign the application and shall print or type their full names and mailing addresses.
(b) Candidates, political parties, or organized groups having a direct interest in a recount and who are seeking to protect their interests during a recount may provide, at their own expense, two or more observers to witness the recount.

Sec. 15.20.450. Requirement of deposit. The application must include a deposit in cash, by certified check, or by bond with a surety approved by the director. The amount of the deposit is $1,000 for each precinct, $2,000 for each house district, and $15,000 for the entire state. If the recount includes an office for which candidates received a tie vote, or the difference between the number of votes cast was 20 or less or was less than .5 percent of the total number of votes cast for the two candidates for the contested office, or a question or proposition for which there was a tie vote on the issue, or the difference between the number of votes cast in favor of or opposed to the issue was 20 or less or was less than .5 percent of the total votes cast in favor of or opposed to the issue, the application need not include a deposit, and the state shall bear the cost of the recount. If, on the recount, a candidate other than the candidate who received the original election certificate is declared elected, or if the vote on recount is determined to be four percent or more in excess of the vote reported by the state review for the candidate applying for the recount or in favor of or opposed to the question or proposition as stated in the application, the entire deposit shall be refunded. If the entire deposit is not refunded, the director shall refund any money remaining after the cost of the recount has been paid from the deposit.

Sec. 15.20.460. Determination of date of recount. If the director determines that the application is substantially in the required form, the director shall fix the date of the recount to be held within three days after the receipt of an application requesting a recount of the general election votes cast for the office of governor and lieutenant governor and within five days after the receipt of an application requesting a recount for any other office, question, or proposition.

Sec. 15.20.470. Requirement of notice. The director shall give the candidate or designated chairperson signing the application, the two or more persons appointed to represent the applicant during the recount, and other directly interested parties, notice of the time and place of the recount by certified mail, telegraph, telephone, or facsimile.

Sec. 15.20.480. Procedure for recount. In conducting the recount, the director shall review all ballots, whether the ballots were counted at the precinct or by computer or by the district absentee counting board or the questioned ballot counting board, to determine which ballots, or part of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. The director shall count absentee ballots received before the completion of the recount. For administrative purposes, the director may join and include two or more applications in a single review and count of votes. The rules in AS 15.15.360 governing the counting of ballots shall be followed in the recount when a ballot is challenged on the basis of a question regarding the voter’s intent to vote for the candidate, proposition, or question. The ballots and other election material must remain in the custody of the director during the recount, and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within 10 days. The director may employ additional personnel necessary to assist in the recount.

Sec. 15.20.490. Certification of results. If it is determined by recount that the plurality of votes was cast for a candidate, the director shall issue a certificate of election or nomination to the elected or nominated candidate as determined by the recount. If it is determined by the recount that a proposition or question should be certified as having received the required vote, the director shall so certify except that the lieutenant governor shall so certify if the proposition or question involves an initiative, a referendum, or a constitutional amendment.

Sec. 15.20.500. Authorization for expanding recount. [Repealed, Sec. 6 ch 26 SLA 1966].    Repealed or Renumbered

Sec. 15.20.510. Provision for appeal to courts. A candidate or any person who requested a recount who has reason to believe an error has been made in the recount (1) involving any question or proposition or the validity of any ballot may appeal to the superior court in accordance with applicable court rules governing appeals in civil matters, and (2) involving candidates for the legislature or Congress or the office of governor and lieutenant governor may appeal to the supreme court in accordance with rules as may be adopted by the court. Appeal shall be filed within five days of the completion of the recount. Upon order of the court, the director shall furnish the record of the recount taken, including all ballots, registers, and other election material and papers pertaining to the election contest. The appeal shall be heard by the court sitting without a jury. The inquiry in the appeal shall extend to the questions whether or not the director has properly determined what ballots, parts of ballots, or marks for candidates on ballots are valid, and to which candidate or division on the question or proposition the vote should be attributed. The court shall enter judgment either setting aside, modifying, or affirming the action of the director on recount.

Sec. 15.20.520. Provision for appeal to legislature or Congress. A candidate or persons who requested a recount, who have reason to believe an error has been made in the recount involving a candidate for the general election for the state legislature or Congress, may appeal to the chamber in which the candidate seeks membership in accordance with applicable rules of the legislature or Congress. Upon request of the legislature or Congress, the director shall furnish the record of the recount taken including all ballots, registers, and other election material and papers pertaining to the election contest.

Sec. 15.20.530. Determination of tie votes. If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the director shall notify the candidates who are tied. The director shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by lot. After the determination has been made by lot, the director shall so certify.

Article 03. ELECTION CONTESTS Sec. 15.20.540. Grounds for election contest. A defeated candidate or 10 qualified voters may contest the nomination or election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds:
(1) malconduct, fraud, or corruption on the part of an election official sufficient to change the result of the election;
(2) when the person certified as elected or nominated is not qualified as required by law;
(3) any corrupt practice as defined by law sufficient to change the results of the election.

Sec. 15.20.550. Jurisdiction and time for contest. The action may be brought in the superior court within 10 days after the completion of the state review.

Sec. 15.20.560. Judgment of court. The judge shall pronounce judgment on which candidate was elected or nominated and whether the question or proposition was accepted or rejected. The director shall issue a new election certificate to correctly reflect the judgment of the court. If the court decides that the election resulted in a tie vote, the director shall immediately proceed to determine the election by lot as is provided by law. If the court decides that no candidate was duly elected or nominated, the judgment shall be that the contested election be set aside. The provisions of this section and AS 15.20.540 and 15.20.550 are not intended to limit or interfere with the power of the legislature to judge the election and qualifications of its members.

Sec. 15.20.590. – 15.20.740l Punch-card voting. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Article 04. VOTING BY MAIL Sec. 15.20.800. Voting by mail.    (a) The director may conduct an election by mail if it is held at a time other than when the general, party primary, or municipal election is held.
(b) If the director conducts an election under (a) of this section by mail, the director shall send a ballot for each election described in (a) of this section to each person whose name appears on the official registration list prepared under AS 15.07.125 for that election. The director shall send ballots by first class, nonforwardable mail. The ballot shall be sent to the address stated on the official registration list unless
(1) the voter has notified the director or an election supervisor of a different address to which the ballot should be sent; or
(2) the address on the official registration list has been identified as being an undeliverable address.
(c) If the director conducts an election under (a) of this section by mail, the director shall mail ballots under this section on or before the 22nd day before the election.
(d) The voter may cast the ballot under AS 15.20.081(d) – (f).
(e) The director shall review ballots voted under this section under procedures established for the review of absentee ballots under AS 15.20.201 and 15.20.203. The director shall establish the schedule for counting ballots in an election conducted by mail.

Article 05. VOTING MACHINES AND TALLY SYSTEMS Sec. 15.20.900. Optically scanned or electronically generated ballots.    (a) Notwithstanding any other provisions of this title, the director may adopt regulations that provide procedures for the tabulation of electronically generated ballots or optically scanned ballots, including procedures for
(1) tests of the counting programs developed for each precinct tabulator to ensure that the system is functioning properly;
(2) security for the voting and tabulation of ballots;
(3) the transmission and accumulation of vote totals to assure the integrity of the vote counting process;
(4) observation by the public of the counting process in the regional offices; and
(5) the disposition of ballots.
(b) The state ballot counting review board established under AS 15.10.180 shall test the counting programs for the tabulation of electronically generated ballots or optically scanned ballots and certify their accuracy in accordance with the regulations adopted under (a) of this section.

Sec. 15.20.910. Standards for voting machines and vote tally systems. The director may approve a voting machine or vote tally system for use in an election in the state upon consideration of factors relevant to the administration of state elections, including whether the Federal Election Commission has certified the voting machine or vote tally system to be in compliance with the voting system standards approved by the Federal Election Commission as required by 42 U.S.C. 15481(a)(5) (Help America Vote Act of 2002). The director may only approve a voting machine or vote tally system if the machine or system satisfies the requirements of AS 15.15.032(c).

Article 01. PRIMARY ELECTIONS

Chapter 15.25 NOMINATION OF CANDIDATES

Sec. 15.25.010. Provision for primary election. Candidates for the elective state executive and state and national legislative offices shall be nominated in a primary election by direct vote of the people in the manner prescribed by this chapter. The director shall prepare and provide a primary election ballot for each political party. A voter registered as affiliated with a political party may vote that party’s ballot. A voter registered as nonpartisan or undeclared rather than as affiliated with a particular political party may vote the political party ballot of the voter’s choice unless prohibited from doing so under AS 15.25.014. A voter registered as affiliated with a political party may not vote the ballot of a different political party unless permitted to do so under AS 15.25.014.

Sec. 15.25.014. Participation in primary election selection of a political party’s candidates.    (a) Not later than 5:00 p.m., Alaska time, on September 1 of the calendar year before the calendar year in which a primary election is to be held, a political party shall submit a notice in writing to the director stating whether the party bylaws expand or limit who may participate in the primary election for selection of the party’s candidates for elective state executive and state and national legislative offices. A copy of the party’s bylaws expanding or limiting who may participate in the primary election for selection of the party’s candidates, documentation required under (b) of this section, and other information required by the director, must be submitted along with the notice. The notice, bylaws, documentation, and other information required by the director shall be provided by the party’s chairperson or another party official designated by the party’s bylaws.
(b) Once a political party timely submits a notice and bylaws under (a) of this section and the director finds that the party has met the requirements of this chapter and other applicable laws, the director shall permit a voter registered as affiliated with another party to vote the party’s ballot if the voter is permitted by the party’s bylaws to participate in the selection of the party’s candidates and may not permit a voter registered as nonpartisan or undeclared to vote a party’s ballot if the party’s bylaws restrict participation by nonpartisan or undeclared voters in the party’s primary. However, for a subsequent primary election, the party shall timely submit another notice, bylaws, documentation, and other information under (a) of this section if the party’s bylaws regarding who may participate in the primary election for selection of the party’s candidates change.
(c) Party bylaws required to be submitted under (a) of this section must be precleared by the United States Department of Justice under 42 U.S.C. 1973c (sec. 5, Voting Rights Act of 1965) before submission. Documentation of the preclearance must accompany the bylaws submitted under (a) of this section.

Sec. 15.25.020. Date of primary. The primary election is held on the third Tuesday in August of every even-numbered year.

Sec. 15.25.030. Declaration of candidacy.    (a) A member of a political party who seeks to become a candidate of the party in the primary election shall execute and file a declaration of candidacy. The declaration shall be executed under oath before an officer authorized to take acknowledgments and must state in substance
(1) the full name of the candidate;
(2) the full mailing address of the candidate;
(3) if the candidacy is for the office of state senator or state representative, the house or senate district of which the candidate is a resident;
(4) the office for which the candidate seeks nomination;
(5) the name of the political party of which the person is a candidate for nomination;
(6) the full residence address of the candidate, and the date on which residency at that address began;
(7) the date of the primary election at which the candidate seeks nomination;
(8) the length of residency in the state and in the district of the candidate;
(9) that the candidate will meet the specific citizenship requirements of the office for which the person is a candidate;
(10) that the candidate is a qualified voter as required by law;
(11) that the candidate will meet the specific age requirements of the office for which the person is a candidate; if the candidacy is for the office of state representative, that the candidate will be at least 21 years of age on the first scheduled day of the first regular session of the legislature convened after the election; if the candidacy is for the office of state senator, that the candidate will be at least 25 years of age on the first scheduled day of the first regular session of the legislature convened after the election; if the candidacy is for the office of governor or lieutenant governor, that the candidate will be at least 30 years of age on the first Monday in December following election or, if the office is to be filled by special election under AS 15.40.230 – 15.40.310, that the candidate will be at least 30 years of age on the date of certification of the results of the special election; or, for any other office, by the time that the candidate, if elected, is sworn into office;
(12) that the candidate requests that the candidate’s name be placed on the primary election ballot;
(13) that the required fee accompanies the declaration;
(14) that the person is not a candidate for any other office to be voted on at the primary or general election and that the person is not a candidate for this office under any other declaration of candidacy or nominating petition;
(15) the manner in which the candidate wishes the candidate’s name to appear on the ballot; and
(16) that the candidate is registered to vote as a member of the political party whose nomination is being sought.
(b) A person filing a declaration of candidacy under this section, other than a person subject to AS 24.60 who is filing a declaration for a state legislative office, shall simultaneously file with the director a statement of income sources and business interests that complies with the requirements of AS 39.50. A person who is subject to AS 24.60 and is filing a declaration of candidacy for state legislative office shall simultaneously file with the director a disclosure statement that complies with the requirements of AS 24.60.200.
(c) An incumbent public official, other than a legislator, who has a current statement of income sources and business interests under AS 39.50 on file with the Alaska Public Offices Commission, or an incumbent legislator who has a current disclosure statement under AS 24.60.200 on file with the Alaska Public Offices Commission, is not required to file a statement of income sources and business interests or a disclosure statement with the declaration of candidacy under (b) of this section.

Sec. 15.25.040. Manner and date of filing declaration.    (a) The declaration is filed by either
(1) the actual physical delivery of the declaration in person or by mail at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is held for the office; or
(2) reliable electronic transmission of a copy in substance of the statements made in paragraphs (1) – (5) of the declaration as required by AS 15.25.030(a) at or before 5:00 p.m., prevailing time, June 1 of the year in which a general election is held for the office and also the actual physical delivery of the declaration containing paragraphs (1) – (16) as required by AS 15.25.030(a) by mail that is received not more than 15 days after that time.
(b) If the postmark is illegible, a dated receipt from the post office where dispatched shall be acceptable as evidence of mailing. If June 1 is a Sunday or holiday, the deadlines for postmarking and receipt of the declaration shall be extended 24 hours in each instance.
(c) A candidate for a statewide office or a candidate for a district-wide office shall file either with the director or an election supervisor. If the candidate files the declaration with an election supervisor, the election supervisor shall immediately forward the declaration to the director.
(d) If the declaration filed under (a) of this section is not received within seven calendar days, the candidate shall be notified of nonreceipt. The candidate shall have the opportunity to refile the declaration with proof that a previous declaration has been filed in a timely manner and in accordance with law.

Sec. 15.25.042. Eligibility of a candidate.    (a) If the director receives a complaint regarding the eligibility of a candidate for a particular office, the director shall determine eligibility under regulations adopted by the director. The director shall determine the eligibility of the candidate within 30 days of the receipt of the complaint.
(b) Except as provided in (c) of this section, the director shall determine the eligibility of the candidate by a preponderance of the evidence.
(c) If a candidate for the legislature has been registered to vote at any time during the 12 months preceding the filing of the declaration of candidacy in a district other than the district in which the declaration of candidacy has been filed, the director may not determine that a candidate is eligible except under a standard of clear and convincing evidence.
(d) A person may not be a resident of two districts at the same time.

Sec. 15.25.043. Determination of residency of a candidate. In determining the residence within a house district of a qualified voter for the purposes of compliance with art. II, sec. 2 of the Alaska Constitution, the director shall apply the rules established in AS 15.05.020 together with the following rules:
(1) a person establishes residence within a house district
(A) by actual physical presence at a specific location within the district; and
(B) by maintaining a habitation at the specific location;
(2) a person may maintain a place of residence at a specific location within a district while away from the location for purposes of employment, education, military service, or vacation if the person does not establish residency at another location; and
(3) a qualified voter loses residence by voting in another house district or in another state’s elections.

Sec. 15.25.045. Withdrawal of candidacy. Notice of withdrawal of candidacy must be in writing over the signature of the candidate.

Sec. 15.25.050. Requirement of filing fee.    (a) At the time the declaration is filed, each candidate shall pay a nonrefundable filing fee to the director. The filing fee for candidates for office of governor, lieutenant governor, United States senator, and United States representative is $100. The filing fee for candidates for office of state senator and state representative is $30.
(b) An indigent person as defined by regulations adopted under AS 44.62 (Administrative Procedure Act) may file a statement of indigency in the form prescribed by regulation in place of the filing fee required by this section.

Sec. 15.25.055. Removal of name from primary ballot. A candidate’s name must appear on the primary election ballot unless notice of the withdrawal from the primary is received by the director at least 52 days before the date of the primary election.

Sec. 15.25.056. Nomination by party petition where incumbent dies or is disqualified or incapacitated.    (a) If an unopposed incumbent candidate for renomination dies, becomes disqualified from holding the office the candidate is seeking, or is certified as being incapacitated between June 1 of the election year and that date which is more than 54 days before the date of the primary election, the candidate’s place on the ballot may be filled by party petition. The petition shall state that the political party requests the name of the proposed candidate replace that of the incumbent on the primary election ballot and shall be accompanied by a declaration of candidacy from the person named in the petition. The petition must be received by the director not later than 14 days after the death, disqualification, or certification of incapacity of the incumbent or 52 days before the primary election date, whichever time is earlier.
(b) The method for certifying an incumbent candidate for nomination as being incapacitated, the method for selecting the person who is to be named in the party petition, and the method for placing the name of the person selected on the primary nomination ballot are the same as those prescribed in AS 15.25.110 and 15.25.130 relating to filling vacancies of party nominees in a general election.
(c) The death, disqualification, or certification of incapacity of the incumbent within 52 days before or on the primary election date does not affect the counting and review of the ballots. If the result of the counting and review discloses that the candidate, if the candidate had lived, would have been nominated, the candidate shall be declared nominated. The vacancy may be filled by party petition as provided in AS 15.25.110 – 15.25.130.

Sec. 15.25.060. Preparation and distribution of ballots; appropriate ballot.    (a) The primary election ballots shall be prepared and distributed by the director in the manner prescribed in this section. The director shall prepare and provide a primary election ballot for each political party that contains all of the candidates of that party for elective state executive and state and national legislative offices and all of the ballot titles and propositions required to appear on the ballot at the primary election. The director shall print the ballots on white paper and place the names of all candidates who have properly filed in groups according to offices. The order of the placement of the names for each office shall be as provided for the general election ballot. Blank spaces may not be provided on the ballot for the writing or pasting in of names. The director shall also prepare and print a separate primary election ballot including only the ballot titles and propositions required to appear on the ballot.
(b) A voter may vote only one primary election ballot. A voter may vote a political party ballot only if the voter is registered as affiliated with that party, is allowed to participate in the party primary under the party’s bylaws, or is registered as nonpartisan or undeclared rather than as affiliated with a particular political party and the party’s bylaws do not restrict participation by nonpartisan or undeclared voters in the party’s primary. For the purpose of determining which primary election ballot a voter may use, a voter’s party affiliation is considered to be the affiliation registered with the director as of the 30th day before the primary election. If a voter changes party affiliation within the 30 days before the primary election, the voter’s previous party affiliation shall be used for the determination under this subsection.
(c) If a voter is not voting in person and has requested an absentee ballot or special needs ballot but has not indicated a choice of ballot, the director shall provide the voter with the ballot listing the candidates of the political party or group with which the voter is affiliated, as determined under (b) of this section.

Sec. 15.25.070. No write-in vote on primary ballot. A voter may not vote for a person whose name is not on the ballot. Votes cast for a person whose name is not on the ballot may not be counted, but writing in a candidate’s name does not invalidate the entire ballot.

Sec. 15.25.080. Declaration of party preference. [Repealed, Sec. 231 ch 100 SLA 1980].    Repealed or Renumbered

Sec. 15.25.090. General procedure for conduct of primary election. Unless specifically provided otherwise, all provisions regarding the conduct of the general election shall govern the conduct of the primary election, including, but not limited to, provisions concerning voter qualification; provisions regarding the duties, powers, rights, and obligations of the director, of other election officials, and of cities and organized boroughs; provision for notification of the election; provisions regarding payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for the counting, review, and certification of returns; provisions for the determination of tie votes and of recount, contests, and appeal; and provisions for absentee voting.

Sec. 15.25.100. Placement of nominees on general election ballot. The director shall place the name of the candidate receiving the highest number of votes for an office by a political party on the general election ballot.

Sec. 15.25.105. Write-in candidates in the general election.    (a) If a candidate does not appear on the primary election ballot or is not successful in advancing to the general election and wishes to be a candidate in the general election, the candidate may file as a write-in candidate. Votes for a write-in candidate may not be counted unless that candidate has filed a letter of intent with the director stating
(1) the full name of the candidate;
(2) the full residence address of the candidate and the date on which residency at that address began;
(3) the full mailing address of the candidate;
(4) the name of the political party or political group of which the candidate is a member, if any;
(5) if the candidate is for the office of state senator or state representative, the house or senate district of which the candidate is a resident;
(6) the office that the candidate seeks;
(7) the date of the election at which the candidate seeks election;
(8) the length of residency in the state and in the house district of the candidate;
(9) the name of the candidate as the candidate wishes it to be written on the ballot by the voter;
(10) that the candidate meets the specific citizenship requirements of the office for which the person is a candidate;
(11) that the candidate will meet the specific age requirements of the office for which the person is a candidate; if the candidacy is for the office of state representative, that the candidate will be at least 21 years of age on the first scheduled day of the first regular session of the legislature convened after the election; if the candidacy is for the office of state senator, that the candidate will be at least 25 years of age on the first scheduled day of the first regular session of the legislature convened after the election; if the candidacy is for the office of governor or lieutenant governor, that the candidate will be at least 30 years of age on the first Monday in December following election or, if the office is to be filled by special election under AS 15.40.230 – 15.40.310, that the candidate will be at least 30 years of age on the date of certification of the results of the special election; or, for any other office, by the time that the candidate, if elected, is sworn into office;
(12) that the candidate is a qualified voter as required by law; and
(13) that the candidate is not a candidate for any other office to be voted on at the general election and that the candidate is not a candidate for this office under any other nominating petition or declaration of candidacy.
(b) If a write-in candidate is running for the office of governor, the candidate must file a joint letter of intent together with a candidate for lieutenant governor. Both candidates must be of the same political party or group.
(c) A letter of intent under (a) of this section must be filed not later than five days before the general election.

Sec. 15.25.110. Filling vacancies by party petition. If a candidate of a political party nominated at the primary election dies, withdraws, resigns, becomes disqualified from holding the office for which the candidate is nominated, or is certified as being incapacitated in the manner prescribed by this section after the primary election and 64 days or more before the general election, the vacancy may be filled by party petition. The central committee of any political party or any party district committee may certify as being incapacitated any candidate nominated by their respective party by presenting to the director a sworn statement made by a panel of three licensed physicians, not more than two of whom may be of the same political party, that the candidate is physically or mentally incapacitated to an extent that would in the panel’s judgment prevent the candidate from active service during the term of office if elected. The director shall place the name of the person nominated by party petition on the general election ballot. The name of a candidate disqualified under this section may not appear on the general election ballot.

Sec. 15.25.120. Requirements for party petition. Party petitions for the nomination of candidates shall state in substance that the political party desires and intends to support the named candidate for the named office and requests that the name of the proposed candidate be placed on the general election ballot. The petition may be filed not later than 64 days before the date of the general election.

Sec. 15.25.130. Selection of nominees for party petition. The nominees of political parties by party petition may be selected for statewide offices by the state party central committee or in any other manner prescribed by the party bylaws, and the petition for statewide offices shall be signed by the state chairperson of the political party or, in the absence of the state chairperson, by any two members of the state party central committee. The nominees of political parties by party petition may be selected for district-wide offices by the respective party district committee or in any other manner prescribed by the party bylaws, and the petition for district-wide offices shall be signed by the chairperson of the party district committee, or in the absence of the chairperson, by any two members of the party district committee, or in any other manner prescribed by the party bylaws. The petition may be delivered in person, or by mail, telegraph, facsimile, or other reliable electronic transmission.

Sec. 15.25.135. Election of party committeemen and committeewomen. [Repealed, Sec. 21 ch 80 SLA 1963].    Repealed or Renumbered

Article 02. NOMINATIONS BY PETITION Sec. 15.25.140. Provision for no-party candidate nominations. Candidates not representing a political party are nominated by petition.

Sec. 15.25.150. Date of filing petition. A candidate seeking nomination by petition shall submit the information required under AS 15.25.180(a)(1) – (8) and (11) – (17) to the director in the time and manner specified in AS 15.25.040. The full petition with voter signatures shall be filed with the director by actual physical delivery in person at or before 5:00 p.m., prevailing time, on the day of the primary election in the year in which a general election is held for the office, or by actual physical delivery to the director by registered or certified mail return receipt requested which is postmarked at or before 5:00 p.m., prevailing time, on the day of the primary election in the year in which a general election is held for the office, and received not more than 15 days after that time. If the postmark is illegible, a dated receipt from the post office where dispatched shall be acceptable as evidence of mailing.

Sec. 15.25.160. Required number of signatures for statewide office. Petitions for the nomination of candidates for the office of governor, lieutenant governor, United States senator, and United States representative shall be signed by qualified voters of the state equal in number to at least one percent of the number of voters who cast ballots in the preceding general election.

Sec. 15.25.170. Required number of signatures for district-wide office. Petitions for the nomination of candidates for the office of state senator or state representative shall be signed by qualified voters of the house or senate district in which the proposed nominee desires to be a candidate equal in number to at least one percent of the number of voters who cast ballots in the proposed nominee’s respective house or senate district in the preceding general election. A nominating petition may not contain less than 50 signatures for any district.

Sec. 15.25.180. Requirements for petition.    (a) The petition must state in substance
(1) the full name of the candidate;
(2) the full residence address of the candidate and the date on which residency at that address began;
(3) the full mailing address of the candidate;
(4) the name of the political group, if any, supporting the candidate;
(5) if the candidacy is for the office of state senator or state representative, the house or senate district of which the candidate is a resident;
(6) the office for which the candidate is nominated;
(7) the date of the election at which the candidate seeks election;
(8) the length of residency in the state and in the district of the candidate;
(9) that the subscribers are qualified voters of the state or house or senate district in which the candidate resides;
(10) that the subscribers request that the candidate’s name be placed on the general election ballot;
(11) that the proposed candidate accepts the nomination and will serve if elected, with the statement signed by the proposed candidate;
(12) the name of the candidate as the candidate wishes it to appear on the ballot;
(13) that the candidate is not a candidate for any other office to be voted on at the primary or general election and that the candidate is not a candidate for this office under any other nominating petition or declaration of candidacy;
(14) that the candidate meets the specific citizenship requirements of the office for which the person is a candidate;
(15) that the candidate will meet the specific age requirements of the office for which the person is a candidate; if the candidacy is for the office of state representative, that the candidate will be at least 21 years of age on the first scheduled day of the first regular session of the legislature convened after the election; if the candidacy is for the office of state senator, that the candidate will be at least 25 years of age on the first scheduled day of the first regular session of the legislature convened after the election; and if the candidacy is for the office of governor or lieutenant governor, that the candidate will be at least 30 years of age on the first Monday in December following election or, if the office is to be filled by special election under AS 15.40.230 – 15.40.310, that the candidate will be at least 30 years of age on the date of certification of the results of the special election; or, for any other office, by the time that the candidate, if elected, is sworn into office;
(16) that the candidate is a qualified voter; and
(17) if the candidacy is for the office of the governor, the name of the candidate for lieutenant governor running jointly with the candidate for governor.
(b) A person filing a nominating petition under this section, other than a person subject to AS 24.60 who is filing a petition for a state legislative office, shall simultaneously file with the director a statement of income sources and business interests that complies with the requirements of AS 39.50. A person who is subject to AS 24.60 and is filing a nominating petition for state legislative office shall simultaneously file with the director a disclosure statement that complies with the requirements of AS 24.60.200.
(c) An incumbent public official, other than a legislator, who has a current statement of income sources and business interests under AS 39.50 on file with the Alaska Public Offices Commission, or an incumbent legislator who has a current disclosure statement under AS 24.60.200 on file with the Alaska Public Offices Commission, is not required to file a statement of income sources and business interests or a disclosure statement with the nominating petition under (b) of this section.

Sec. 15.25.185. Eligibility of candidate. The provisions of AS 15.25.042 and 15.25.043 apply to determinations of a candidate’s eligibility when a candidate seeks nomination by petition under AS 15.25.140 – 15.25.200.

Sec. 15.25.190. Placement of names on general election ballot. The director shall place the names and the political group affiliation of persons who have been properly nominated by petition on the general election ballot.

Sec. 15.25.200. Withdrawal of candidate’s name. If a candidate nominated by petition dies or withdraws after the petition has been filed and 64 days or more before the general election, the director may not place the name of the candidate on the general election ballot.

Sec. 15.25.205. Placement of nominee on general election ballot. [Repealed, Sec. 11 ch 103 SLA 2001].    Repealed or Renumbered

Sec. 15.25.220. – 15.25.280l Presidential party primary election. [Repealed, Sec. 1 ch 2 SLA 1984].    Repealed or Renumbered

Article 01. PRESIDENT

Chapter 15.30 NATIONAL ELECTIONS

Sec. 15.30.010. Provision for selection of electors. Electors of President and Vice President of the United States are selected by election at the general election in presidential election years.

Sec. 15.30.020. Number and manner of selecting candidates. Each political party shall select a number of candidates for electors of President and Vice-President of the United States equal to the number of senators and representatives to which the state is entitled in Congress. The candidates for electors shall be selected by the state party convention or in any other manner prescribed by the bylaws of the party. The chairperson and secretary of the state convention or any other party official designated by the party bylaws shall certify a list of the names of candidates for electors to the director on or before September 1 in presidential election years.

Sec. 15.30.025. Qualifications for limited political parties.    (a) A limited political party may be organized for the purpose of selecting candidates for electors of President and Vice-President of the United States by filing with the director at least 90 days before a presidential general election a petition signed by qualified voters of the state equaling in number at least one percent of the number of voters who cast ballots for President at the last presidential election. The petition shall state that the signers intend to organize a limited political party, that they intend to select candidates for electors of President and Vice-President of the United States at the next succeeding presidential election, and the name of the limited political party.
(b) A limited political party organized under this section may not assume a name which is so similar to an existing political party as to confuse or mislead the voters at an election. If the director determines that the name of the limited political party set out in a petition is confusing or misleading, the director may refuse to accept the petition for filing.
(c) A limited political party organized under this section ceases to be a limited political party if its presidential candidate fails to receive at least three percent of the number of voters who cast ballots for the office of President at a presidential election.

Sec. 15.30.026. Qualifications for independent candidates for President of the United States; selection of candidate for Vice-President; selection of electors.    (a) A person who desires to be an independent candidate for President of the United States must file with the director not earlier than January 1 of a presidential election year and not later than the 90th day before a presidential general election a petition signed by qualified voters of the state equal in number to at least one percent of the number of voters who cast ballots in an election under this chapter for President of the United States at the last presidential general election. The petition must state that the signers desire the named candidate for President of the United States to appear on the ballot as an independent candidate for president at the next succeeding presidential general election.
(b) In order to appear on the ballot, a candidate who has qualified for ballot status under (a) of this section shall certify the following information to the director on or before September 1 of the year of the presidential general election:
(1) the names of the electors for the independent candidate for President of the United States, equal to the number of senators and representatives to which the state is entitled in Congress;
(2) the name of a candidate for Vice-President, selected by the independent candidate; and
(3) the name, Alaska mailing address, and signature of the candidate’s state campaign chair, who must be an Alaska resident.

Sec. 15.30.030. Qualification of electors. Any qualified voter except a United States senator or representative or person holding an office of trust or profit under the United States may be selected as a candidate for elector.

Sec. 15.30.040. Requirement of party pledge. The party shall require from each candidate for elector a pledge that as an elector the person will vote for the candidates nominated by the party of which the person is a candidate.

Sec. 15.30.050. Interpretation of votes cast for candidates for President and Vice-President. In voting for presidential electors, a vote marked for the candidates for President and Vice-President is considered and counted as a vote for the presidential electors of the party or for the presidential electors named under AS 15.30.026, as appropriate.

Sec. 15.30.060. Notification of electors. When the results of the election of presidential electors have been determined, the director shall send a certificate of election to each elector and shall notify the electors of the time and place of their meeting and of their duties as electors.

Sec. 15.30.070. Place and time of meeting. The electors shall meet at the office of the director or other place designated by the director at 11:00 o’clock in the morning on the first Monday after the second Wednesday in December following their election. If Congress fixes a different day for the meeting, the electors shall meet on the day designated by the Act of Congress.

Sec. 15.30.080. Filling of vacancies. If there is a vacancy caused by death, failure to attend, ineligibility, or other cause, and if available alternates have not been designated, the electors shall fill the vacancy by plurality vote.

Sec. 15.30.090. Duties of electors. After any vacancies have been filled, the electors shall proceed to cast their votes for the candidates for the office of President and Vice-President of the party that selected them as candidates for electors, or for the candidates for the office of President and Vice-President under AS 15.30.026 if the electors were named under AS 15.30.026, and shall perform the duties of electors as required by the constitution and laws of the United States. The director shall provide administrative services and the Department of Law shall provide legal services necessary for the electors to perform their duties.

Sec. 15.30.100. Compensation of electors. Each elector is entitled to receive from the state treasury the same per diem and travel expenses allowed members of the legislature.

Article 02. UNITED STATES CONGRESS Sec. 15.30.110. Provisions for election of United States senators. A United States senator shall be elected at the general election held in the year 1960 and at the general election every sixth year thereafter. A United States senator shall be elected at the general election held in the year 1962 and at the general election every sixth year thereafter.

Sec. 15.30.120. Provisions for election of United States representatives. A United States representative in Congress shall be elected from each congressional district at the general election in 1960 and at the general election every second year thereafter.

Article 03. CONGRESSIONAL BALLOT ACCESS LIMITATION ACT Sec. 15.30.150. Short title. AS 15.30.150 – 15.30.190 shall be known and may be cited as “The Alaska Congressional Ballot Access Limitation Act of 1993.”

Sec. 15.30.160. Findings and declarations. The people of the State of Alaska hereby find and declare as follows:
(1) federal officeholders who remain in office for extended periods of time become preoccupied with their own reelection and for that reason devote more effort to campaigning for their office than making legislative decisions for the benefit of the people of Alaska;
(2) federal officeholders have become to closely aligned with the special interest groups who provide contributions and support for their reelection campaigns, give them special favors, and lobby the House of Representatives and Senate for special interest legislation, all of which create corruption or the appearance of corruption of the legislative system;
(3) entrenched incumbency has discouraged qualified citizens from seeking office and has led to a lack of competitiveness and a decline in robust debate on issues of importance to the people of Alaska;
(4) due to the appearance of corruption and the lack of competition for the legislative seats held by the entrenched incumbents, there has been a reduction in voter participation which is counter-productive in a representative democracy;
(5) the citizens of Alaska have a compelling interest in preventing corruption and the appearance of corruption by limiting the number of terms which any Senator or Representative representing the people of this state may serve;
(6) the citizens of Alaska have a compelling interest in preserving the integrity of the ballot by promoting competitive elections and limiting the influence of special interests upon entrenched incumbent legislators;
(7) the citizens of Alaska have a compelling interest in voting for the candidate or candidates of their choice, and in standing for and holding elective office, and in preventing the perpetual monopolization of elective offices by incumbents;
(8) the citizens of Alaska have a compelling interest in extending the equal protection of the laws by ensuring that more of the people of this state have an equal opportunity to stand for and hold elective office.

Sec. 15.30.170. Purpose and intent. The purpose and intent in enacting AS 15.30.150 – 15.30.190 is to:
(1) promote, protect, and defend the compelling interest of the citizens of this state in preventing corruption and the appearance of corruption among the federal legislative representatives of this state by limiting the number of terms in which any Senator or Representative may hold office;
(2) promote, protect, and defend the compelling interest of the citizens of this state in preserving the integrity of the ballot by ensuring, to the greatest extent permitted by law, competitive elections without the corrupting influence of special interests upon entrenched incumbents;
(3) promote, protect and defend the rights of the citizens of this state, guaranteed by the First Amendment of the United States Constitution, to vote for the candidates of their choice, and to stand for and hold elective office, by curtailing the effects of entrenched incumbency and freely permitting write-in candidacies;
(4) promote, protect, and defend the rights of the citizens of this state for equal protection of the laws, guaranteed by the Fourteenth Amendment to the United States Constitution, by giving more of the citizens of this state the opportunity to stand for and hold elective office;
(5) ensure that when this measure does become operative, it is given the maximum retrospective effect permitted by applicable law in order to prevent the perpetuation of a professional, federal office-seeking and office-holding class.

Sec. 15.30.180. Federal legislative candidates; ballot access.    (a) Subsections (b) and (c) of this section shall take effect only when twenty-four (24) states, not including this state, have enacted and have in simultaneous effect statutes, state constitutional provisions, ordinances and other enactments having the force and effect of law, the operative dates of which may be contingent upon the enactment of similar statutes, constitutional provisions, ordinances or other enactments in any number of other states, which limit either ballot access of persons seeking federal legislative office, or the number of terms or years of federal legislative office a person may hold, or both, based upon a person’s length of service in federal legislative office; provided, however, that when subsections (b) and (c) of this section have once taken effect, the subsequent repeal, amendment, deletion by means of a sunset provision, or judicial determination of unconstitutionality or invalidity of another state’s statute, state constitutional provision, ordinance other enactment ineffective or void, shall not affect the validity or effectiveness of subsections (b) and (c) of this section, which shall remain in full force and effect until repealed or otherwise rendered ineffective under the law of this state.
(b) A person is not eligible to place or to have the person’s name placed upon the ballot for election to the United States House of Representatives if, by the end of the then current term of office, the person will have served, or but for resignation would have served, as a member of the United States House of Representatives representing any portion or district of the State of Alaska during six or more of the previous twelve years.
(c) A person is not eligible to place or to have the person’s name placed upon the ballot for election to the United States Senate if, by the end of the then current term of office, the person will have served, or but for resignation would have served, as a member of the United States Senate representing any portion or district of the State of Alaska during twelve or more of the previous eighteen years.
(d) The provisions of this section shall, to the maximum extent permitted by applicable law, be interpreted as having retrospective effect from and after the date of its enactment upon any member of the United States House of Representatives or United States Senate elected at the election held on November 8, 1994, or at any election held thereafter; provided, however, that years of service completed during a term of office which commenced prior to November 8, 1994 may not be included in determining previous years of service for the purposes of subsections (b) or (c) of this section.
(e) Nothing in AS 15.30.100 – 15.30.190 shall be construed as preventing or prohibiting any qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot, or from having such a ballot counted or tabulated, nor shall any provision of AS 15.30.100 -15.30.190 be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a write-in campaign.
(f) Nothing in this section shall be construed as preventing or prohibiting the name of any person from appearing on the ballot at any direct primary or general election unless that person is specifically prohibited from doing so by the provisions of this section and to that end any such prohibiting provisions shall be strictly construed.
(g) The members of the United States House of Representatives and United States Senate representing any district or portion of Alaska are instructed to use their best efforts to attain such a limitation on terms nationwide.
(h) AS 15.30.150 – 15.30.190 shall take effect and be applicable to federal legislative candidates whose terms of office begin on or after January 1, 1995. Service prior to January 1, 1995 shall not be counted for the purpose of AS 15.30.150 -15.30.190. In the event of conflict with (a) of this section, the provisions under (a) shall govern.

Sec. 15.30.190. Severability. If any provision, subsection, part of the subsection, or clause of AS 15.30.150 – 15.30.190 shall be held by a court of competent jurisdiction to be void, invalid, or unconstitutional for any reason, the remaining provisions of AS 15.30.150 – 15.30.190 shall not be affected, and to this end the provisions of AS 15.30.150 – 15.30.190 are severable.

Article 01. EXECUTIVE

Chapter 15.35 STATE ELECTIONS

Sec. 15.35.010. Election of governor and lieutenant governor. A governor and lieutenant governor shall be elected at the general election in 1962 and every four years thereafter.

Article 02. LEGISLATIVE Sec. 15.35.020. Election of legislature. One-half of the members of the state senate and all members of the state house of representatives shall be elected at each general election in accordance with the apportionment articles of the state constitution.

Article 03. JUDICIARY Sec. 15.35.030. Approval or rejection of supreme court justice. Each supreme court justice shall be subject to approval or rejection at the first general election held more than three years after the justice’s appointment. If approved, the justice shall thereafter be subject to approval or rejection in a like manner every tenth year.

Sec. 15.35.040. Filing declaration by supreme court justice. Each justice seeking retention in office shall file with the director a declaration of candidacy for retention no later than August 1 before the general election at which approval or rejection is requisite.

Sec. 15.35.041. Requirement of filing fee for supreme court candidate. At the time the declaration is filed, each candidate for retention shall pay a filing fee to the director. The filing fee for a candidate for retention on the supreme court is $100.

Sec. 15.35.050. Placing name of supreme court justice on ballot. The director shall place the name of a supreme court justice who has properly filed a declaration of candidacy for retention on the ballot in each judicial district of the state for the general election at which approval is sought.

Sec. 15.35.053. Approval or rejection of a judge of the court of appeals. Each judge of the court of appeals shall be subject to approval or rejection at the first general election held more than three years after the judge’s appointment. If approved, the judge is thereafter subject to approval or rejection in a like manner every eighth year.

Sec. 15.35.055. Filing declaration by judge of the court of appeals. Each judge of the court of appeals seeking retention in office shall file with the director a declaration of candidacy for retention no later than August 1 before the general election at which approval or rejection is requisite.

Sec. 15.35.057. Requirement of filing fee for court of appeals. At the time the declaration is filed, each candidate for retention shall pay a filing fee to the director. The filing fee for a candidate for retention on the court of appeals is $100.

Sec. 15.35.059. Placing name of judge of the court of appeals on ballot. The director shall place the name of a judge of the court of appeals who has properly filed a declaration of candidacy for retention on the ballot in each judicial district of the state for the general election at which approval is sought.

Sec. 15.35.060. Approval or rejection of superior court judge. Each superior court judge shall be subject to approval or rejection at the first general election held more than three years after the judge’s appointment. If approved, the judge shall thereafter be subject to approval or rejection in a like manner every sixth year.

Sec. 15.35.070. Filing declaration by superior court judge. Each judge seeking retention in office shall file with the director a declaration of candidacy for retention no later than August 1 before the general election at which approval or rejection is requisite.

Sec. 15.35.071. Requirement of filing fee for superior court candidate. At the time the declaration is filed, each candidate for retention shall pay a filing fee to the director. The filing fee for a candidate for retention on the superior court is $30.

Sec. 15.35.080. Determination of judicial district in which to seek approval. The judge shall seek approval in the judicial district to which the judge was originally appointed, except in case of assignments and transfers with the judge’s consent, in which case the judge shall seek approval in the district where the judge has served the major portion of the judge’s term. The judge shall designate on the declaration of candidacy the judicial district to which the judge was appointed, except in case of assignments and transfers in which case the judge shall designate the district where the judge has served the major portion of the judge’s term.

Sec. 15.35.090. Placing name of superior court judge on ballot. The director shall place the name of a superior court judge who has properly filed a declaration of candidacy for retention on the ballot in the judicial district designated in the declaration of candidacy for the general election at which approval is sought.

Sec. 15.35.100. Approval or rejection of district judge.    (a) Each district judge shall be subject to approval or rejection at the first general election held more than two years after the judge’s appointment under the provisions of AS 22.15.170. If approved, the judge shall thereafter be subject to approval or rejection in a like manner every fourth year.
(b) The district judge shall seek approval in the judicial district in which the judge was originally appointed, or in the district where the judge has served the major portion of the judge’s term. The district judge shall designate on the declaration of candidacy the judicial district in which the judge was appointed, or the district where the judge has served the major portion of the judge’s term.

Sec. 15.35.110. Filing declaration by district judge. Each district judge seeking retention in office shall file with the director a declaration of candidacy for retention no later than August 1 before the general election at which approval or rejection is requisite.

Sec. 15.35.120. Requirement of filing fee for district court candidate. At the time the declaration is filed, each candidate for retention on the district court shall pay a filing fee of $30 to the director.

Sec. 15.35.130. Placing name of district judge on ballot. The director shall place the name of a district judge who has properly filed a declaration of candidacy for retention on the ballot in the judicial district designated in the declaration of candidacy for the general election at which approval is sought.

Sec. 15.35.135. Withdrawal of candidacy; removal of name from general election ballot.    (a) Notice of withdrawal of candidacy for retention for a supreme court justice, judge of the court of appeals, superior court judge, or district court judge must be in writing over the signature of the candidate.
(b) The name of a candidate for retention for supreme court justice, judge of the court of appeals, superior court judge, or district court judge must appear on the general election ballot unless notice under (a) of this section of withdrawal of candidacy is received by the director at least 64 days before the date of the general election.

Sec. 15.35.140. – 15.35.170l Judges of the court of appeals: Requirements for retention in office. [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.35.053 – 15.35.059].    Repealed or Renumbered

Article 01. UNITED STATES CONGRESS

Chapter 15.40 SPECIAL ELECTIONS AND APPOINTMENTS

Sec. 15.40.010. Conditions and time of filling vacancy by appointment and special election. [Repealed, Sec. 10 ch 50 SLA 2004 and Sec. 7 2004 Ballot Measure No. 4].    Repealed or Renumbered

Sec. 15.40.020. Qualification of appointee. [Repealed, Sec. 1 ch 139 SLA 1967].    Repealed or Renumbered

Sec. 15.40.030. , 15.40.040. Conditions for full, unexpired term appointment; conditions for part-term appointment and special election. [Repealed, Sec. 6 ch 30 SLA 1998].    Repealed or Renumbered

Sec. 15.40.050. – 15.40.075l Date of special primary election and special election; proclamation of special election; term of elected senator; determination of candidate; date of nomimations. [Repealed, Sec. 10 ch 50 SLA 2004 and Sec. 7 2004 Ballot Measure No. 4].    Repealed or Renumbered

Sec. 15.40.080. – 15.40.120. Selection of nominees in manner provided for general election; designation of nominees by petition; requirements of petition for no-party candidates and by political parties; selection of political party nominees. [Repealed, Sec. 6 ch 30 SLA 1998].    Repealed or Renumbered

Sec. 15.40.130. , 15.40.135l General provision for conduct of special election; definition. [Repealed, Sec. 10 ch 50 SLA 2004 and Sec. 7 2004 Ballot Measure No. 4].    Repealed or Renumbered

Sec. 15.40.140. Condition of calling special election. When a vacancy occurs in the office of United States senator or United States representative, the governor shall, by proclamation, call a special election under AS 15.40.142(a). However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in the general election year during which a candidate to fill the office is regularly elected, the governor may not call a special election.

Sec. 15.40.141. Condition of calling a special runoff election.    (a) If no candidate in a special election called under AS 15.40.140 receives over 50 percent of the votes cast for the office, the governor shall, by proclamation, call a special runoff election under AS 15.40.142(b).
(b) In a special runoff election called under (a) of this section, the director shall place the names of the candidates receiving the greatest number of votes and the second greatest number of votes in the special election on the special runoff election ballot.

Sec. 15.40.142. Time of calling the special election and the special runoff election.    (a) Except as provided in (c) of this section, if a special election is called under AS 15.40.140, it shall be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs.
(b) Except as provided in (c) of this section, a special runoff election under AS 15.40.141 shall be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special election.
(c) In an election year in which a candidate for the vacant office is not regularly elected, and the vacancy occurs on a date that is not less than 60, nor more than 90, days before the date of
(1) the primary election, the special election shall be held on the date of the primary election with any subsequent special runoff election under AS 15.40.141 to be held on the date of the general election; or
(2) the general election, the special election shall be held on the date of the general election with any subsequent special runoff election under AS 15.40.141 to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special and general election.

Sec. 15.40.145. Temporary appointment of United States senator. [See revisor’s note].. When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified. If a special election is not called for the reasons set out in AS 15.40.140, the individual shall fill the vacancy temporarily until the results of the next general election are certified.

Sec. 15.40.150. Condition for holding special election with primary. If the vacancy occurs on a date not less than 60, nor more than 90, days before the date of the primary election, the governor shall, by proclamation, call the special election to be held on the date of the primary election.

Sec. 15.40.160. Proclamation. The governor shall issue the proclamation at least 50 days before the
(1) special election; and
(2) if a special runoff election is required under AS 15.40.141(a), special runoff election.

Sec. 15.40.165. Term of elected senator. At the special election, or, as provided by AS 15.40.141, at the special runoff election, a United States senator shall be elected to fill the remainder of the unexpired term. The person elected shall take office on the date the United States Senate meets, convenes, or reconvenes following the certification of the results of the special election or special runoff election by the director.

Sec. 15.40.170. Term of elected representative. At the special election, or, as provided by AS 15.40.141, at the special runoff election, a United States representative shall be elected to fill the remainder of the unexpired term. The person elected shall take office on the date the United States house of representatives meets, convenes, or reconvenes following the certification of the results of the special election or special runoff election by the director.

Sec. 15.40.180. Date of nominations. Candidates for the special election shall be nominated by petition transmitted by (1) the actual physical delivery of the petition in person; (2) by mail postmarked not later than midnight of the filing date; or (3) by telegram of a copy in substance of the statements made in the petition to the director before the 21st day after the vacancy occurs.

Sec. 15.40.190. Requirements of petition for no-party candidates. Petitions for the nomination of candidates not representing a political party shall be signed by qualified voters of the state equal in number to at least one percent of the number of voters who cast ballots in the preceding general election and shall state in substance that which is required for nomination petitions by AS 15.25.180.

Sec. 15.40.200. Requirements of party petition. Petitions for the nomination of candidates of political parties shall state in substance that the party desires and intends to support the named candidate for the office of United States senator or United States representative, as appropriate, at the special election and requests that the name of the candidate nominated be placed on the ballot.

Sec. 15.40.210. Selection of party nominees. The nominees of political parties may be selected by the state convention or in any other manner prescribed by the party bylaws, and the petition shall be signed by the chairperson and secretary of the state convention, or if the nominees are selected by the party central committee, the petition shall be signed by the chairperson of the central committee or in any other manner prescribed by the party bylaws.

Sec. 15.40.220. General provisions for conduct of special election and special runoff election. Unless specifically provided otherwise, all provisions regarding the conduct of the general election shall govern the conduct of the special election and the special runoff election of the United States senator or United States representative, including provisions concerning voter qualifications; provisions regarding the duties, powers, rights, and obligations of the director, of other election officials, and of municipalities; provision for notification of the election; provision for payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for the counting, reviewing, and certification of returns; provision for running as, voting for, and counting ballots for a write-in candidate; provisions for the determination of the votes and of recounts, contests, and appeal; and provision for absentee voting.

Article 02. GOVERNOR AND LIEUTENANT GOVERNOR Sec. 15.40.230. Condition and time of calling special election. When a person appointed to succeed to the office of lieutenant governor succeeds to the office of acting governor, the acting governor shall, by proclamation, call a special election to be held on a date not less than 60, nor more than 90, days after the date the vacancy in the office of the governor occurred. However, if the vacancy occurs on a date that is less than 60 days before or is on or after the date of the primary election in years in which a governor is regularly elected, the acting governor shall serve the remainder of the unexpired term and may not call a special election.

Sec. 15.40.240. Conditions for holding special election with primary or general election. If the vacancy occurs on a date not less than 60, nor more than 90, days before the date of the primary election in years in which a governor is regularly elected or if the vacancy occurs on a date not less than 60, nor more than 90, days before the date of the primary election or general election in election years in which a governor is not regularly elected, the acting governor shall, by proclamation, call the special election to be held on the date of the primary election or general election.

Sec. 15.40.250. Proclamation of special election. The acting governor shall issue the proclamation at least 50 days before the election.

Sec. 15.40.260. Term of elected governor and lieutenant governor. At the special election, a governor and a lieutenant governor shall be elected to fill the remainder of the unexpired terms and shall take office on the date the results of the special election are certified.

Sec. 15.40.270. Date of nominations. Candidates for the special election shall be nominated by petition transmitted by (1) actual physical delivery of the petition in person; (2) by mail postmarked not later than midnight of the filing date; or (3) by telegram of a copy in substance of the statements made in the petition to the director before the 21st day after the vacancy occurs.

Sec. 15.40.280. Requirements of petition for no-party candidates. Petitions for the nomination of candidates not representing a political party shall be signed by qualified voters of the state equal in number to at least one percent of the number of voters who cast ballots in the preceding general election, shall include nominees for the office of governor and lieutenant governor, and shall state in substance that which is required for nomination petitions by AS 15.25.180.

Sec. 15.40.290. Requirements of party petition. Petitions for the nomination of candidates of political parties shall state in substance that the party desires and intends to support the named candidates for the offices of governor and lieutenant governor at the special election and requests that the names of the two candidates nominated be placed on the ballot.

Sec. 15.40.300. Selection of party nominees. The nominees of political parties may be selected by state convention or in any other manner prescribed by the party bylaws, and the petition shall be signed by the chairperson and secretary of the state convention, or, if the nominees are selected by the party central committee, the petition shall be signed by the state chairperson of the political party or in any other manner prescribed by the party bylaws.

Sec. 15.40.310. General provisions for conduct of special election. Unless specifically provided otherwise, all provisions regarding the conduct of the general election shall govern the conduct of the special election of the governor and lieutenant governor, including provisions concerning voter qualifications; provisions regarding the duties, powers, rights, and obligations of the director, of other election officials, and of municipalities; provision for notification of the election; provision for payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for the counting, reviewing, and certification of returns; provisions for the determination of the votes and of recounts, contests, and appeal; and provision for absentee voting.

Article 03. LEGISLATURE Sec. 15.40.320. Condition and time for filling vacancy by appointment. When a vacancy occurs in the state legislature, the governor, within 30 days, shall appoint a qualified person to fill the vacancy. However, if the remainder of the term of the predecessor in office will expire or if a vacancy in the state senate will be filled by a special election before the legislature will next meet, convene, or reconvene, the governor may not fill the vacancy.

Sec. 15.40.330. Qualification and confirmation of appointee.    (a) The appointee shall meet the qualifications of a member of the legislature as prescribed in Sec. 2, art. II of the state constitution, shall be a member of the same political party as that which nominated the predecessor in office, and shall be subject to confirmation by a majority of the members of the legislature who are members of the same political party which nominated the predecessor in office and of the same house as was the predecessor in office. If the predecessor in office was not nominated by a political party or if no other member of the predecessor’s political party is a member of the predecessor’s house of the legislature, the governor may appoint any qualified person. If the appointee is not a member of a political party, the appointment is not subject to confirmation. If the appointee is a member of a political party, the appointment is subject to confirmation as provided by this section for the confirmation of political party appointees.
(b) A member of a political party is a person who supports the political program of a party. The filing for office of a candidate as an independent or no-party candidate does not preclude a candidate from being a member of a political party. Recognition of an independent or no-party candidate as a member of a party caucus of members of the legislature at the legislative session following the election of the independent or no-party candidate is recognition of that person’s party membership at the time filings were made by party candidates for the preceding general election.

Sec. 15.40.340. Date of office of appointee. If the appointment is not subject to confirmation, the term of the appointee shall begin on the first day the appointee is present when the legislature meets, convenes, or reconvenes after the date of the appointment. If the appointment is subject to confirmation, the term of the appointee shall begin on the date the appointment is confirmed.

Sec. 15.40.350. Procedure upon rejection. If an appointment is rejected, the governor, within 10 days, shall appoint another qualified person as provided in AS 15.40.330, who shall also be subject to confirmation, as provided in that section.

Sec. 15.40.360. Term of appointed representative. If the vacancy is in the state house of representatives, the appointment shall be for the remainder of the unexpired term.

Sec. 15.40.370. Conditions for full, unexpired term senate appointment. If the vacancy is for an unexpired senate term of two years plus five full calendar months or less, the appointment shall be for the remainder of the unexpired term.

Sec. 15.40.380. Conditions for part-term senate appointment and special election. If the vacancy is for an unexpired senate term of more than two years and five full calendar months, the governor shall call a special election by proclamation and the appointment shall expire on the date the state senate first convenes or reconvenes following the certification of the results of the special election by the director.

Sec. 15.40.390. Date of special election. The special election to fill a vacancy in the state senate shall be held on the date of the first general election held more than three full calendar months after the senate vacancy occurs.

Sec. 15.40.400. Proclamation of special election. The governor shall issue the proclamation calling the special election at least 50 days before the election.

Sec. 15.40.410. Term of elected senator. At the special election a state senator shall be elected to fill the remainder of the unexpired term and shall take office on the date the state senate first convenes or reconvenes following the certification of the results of the special election by the director.

Sec. 15.40.420. Selection of nominees in manner provided for general election. If the vacancy in the office of state senator occurs one calendar month or more before the filing date for the primary election, candidates for the special election shall be nominated in the manner provided for the nomination of candidates for general elections.

Sec. 15.40.430. Designation of nominees by petition. If the vacancy occurs less than one calendar month before the filing date and more than three calendar months before the next general election, candidates shall be nominated by petition transmitted by (1) the actual physical delivery of the petition in person; (2) by mail postmarked not later than midnight of the filing date; or (3) by telegram of a copy in substance of the statements made in the petition to the director before September 2 just before the special election.

Sec. 15.40.440. Requirements of petition for no-party candidates. Petitions for the nomination of candidates not representing a political party shall be signed by qualified voters equal in number to at least one percent of the number of voters who cast ballots in the proposed nominee’s respective house or senate district in the preceding general election. A nominating petition may not contain less than 50 signatures for any district, and must state in substance that which is required in petitions for nomination by AS 15.25.180.

Sec. 15.40.450. Requirements of petition by political party. Petitions for the nomination of candidates of political parties shall state in substance that the party desires and intends to support the named candidate for the office of state senator at the special election and requests that the name of the candidate be placed on the ballot.

Sec. 15.40.460. Selection of political party nominees. The nominees of political parties may be selected by the respective party district committee or by any other manner as provided by the party bylaws, and the petition shall be signed by the chairperson of the party district committee or by any other party official designated by the party bylaws.

Sec. 15.40.470. General provision for conduct of special election. Unless specifically provided otherwise, all provisions regarding the conduct of the general election shall govern the conduct of the special election of state senators, including provisions concerning voter qualifications; provisions regarding the duties, powers, rights, and obligations of the director, of other election officials, and of municipalities; provision for notification of the election; provision for payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for the counting, reviewing, and certification of returns; provisions for the determination of the votes and of recounts, contests, and appeal; and provision for absentee voting.

Article 01. INITIATIVE

Chapter 15.45 INITIATIVE, REFERENDUM, AND RECALL

Sec. 15.45.010. Provision and scope for use of the initiative. The law-making powers assigned to the legislature may be exercised by the people through the initiative. However, an initiative may not be proposed to dedicate revenue, to make or repeal appropriations, to create courts, to define the jurisdiction of courts or prescribe their rules, or to enact local or special legislation.

Sec. 15.45.020. Filing application. An initiative is proposed by filing an application with the lieutenant governor. A deposit of $100 must accompany the application. This deposit shall be retained if a petition is not properly filed. If a petition is properly filed, the deposit shall be refunded.

Sec. 15.45.030. Form of application. The application must include the
(1) proposed bill;
(2) printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the proposed bill attached; and
(3) designation of an initiative committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the initiative; the designation must include the name, mailing address, and signature of each committee member.

Sec. 15.45.040. Form of proposed bill. The proposed bill shall be in the following form:
(1) the bill shall be confined to one subject;
(2) the subject of the bill shall be expressed in the title;
(3) the enacting clause of the bill shall be: “Be it enacted by the People of the State of Alaska;”
(4) the bill may not include subjects restricted by AS 15.45.010.

Sec. 15.45.050. Manner of notice. Notice to the initiative committee on any matter pertaining to the application and petition may be served on any member of the committee in person or by mail addressed to a committee member as indicated on the application.

Sec. 15.45.060. Designation of sponsors. The qualified voters who subscribe to the application in support of the proposed bill are designated as sponsors. The initiative committee may designate additional sponsors by giving written notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated.

Sec. 15.45.070. Review of application for certification. Within 60 calendar days after the date the application is received, the lieutenant governor shall review the application and shall either certify it or notify the initiative committee of the grounds for denial.

Sec. 15.45.080. Bases of denial of certification. The lieutenant governor shall deny certification upon determining in writing that
(1) the proposed bill to be initiated is not confined to one subject or is otherwise not in the required form;
(2) the application is not substantially in the required form; or
(3) there is an insufficient number of qualified sponsors.

Sec. 15.45.090. Preparation of petition.    (a) If the application is certified, the lieutenant governor shall prepare a sufficient number of sequentially numbered petitions to allow full circulation throughout the state. Each petition must contain
(1) a copy of the proposed bill;
(2) an impartial summary of the subject matter of the bill;
(3) a statement of minimum costs to the state associated with certification of the initiative application and review of the initiative petition, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;
(4) an estimate of the cost to the state of implementing the proposed law;
(5) the statement of warning prescribed in AS 15.45.100;
(6) sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition; and
(7) other specifications prescribed by the lieutenant governor to ensure proper handling and control.
(b) Upon request of the initiative committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election.

Sec. 15.45.100. Statement of warning. Each petition shall include a statement of warning that a person who signs a name other than the person’s own on the petition, or who knowingly signs more than once for the same proposition at one election, or who signs the petition when knowingly not a qualified voter, is guilty of a class B misdemeanor.

Sec. 15.45.105. Qualifications of circulator. To circulate a petition booklet, a person shall be
(1) a citizen of the United States;
(2) 18 years of age or older; and
(3) a resident of the state as determined under AS 15.05.020.

Sec. 15.45.110. Circulation of petition; prohibitions and penalty.    (a) The petitions may be circulated throughout the state only in person.
(b) [Repealed, Sec. 92 ch 82 SLA 2000].
(c) A circulator may not receive payment or agree to receive payment that is greater than $1 a signature, and a person or an organization may not pay or agree to pay an amount that is greater than $1 a signature, for the collection of signatures on a petition.
(d) A person or organization may not knowingly pay, offer to pay, or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition.
(e) A person or organization that violates (c) or (d) of this section is guilty of a class B misdemeanor.
(f) In this section,
(1) “organization” has the meaning given in AS 11.81.900;
(2) “other valuable thing” has the meaning given in AS 15.56.030(d);
(3) “person” has the meaning given in AS 11.81.900.

Sec. 15.45.120. Manner of signing and withdrawing name from petition. Any qualified voter may subscribe to the petition by printing the voter’s name, a numerical identifier, and an address, by signing the voter’s name, and by dating the signature. A person who has signed the initiative petition may withdraw the person’s name only by giving written notice to the lieutenant governor before the date the petition is filed.

Sec. 15.45.130. Certification of circulator. Before being filed, each petition shall be certified by an affidavit by the person who personally circulated the petition. In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified at the time of filing or corrected before the subscriptions are counted. The affidavit must state in substance
(1) that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.105;
(2) that the person is the only circulator of that petition;
(3) that the signatures were made in the circulator’s actual presence;
(4) that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
(5) that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
(6) that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.110(c);
(7) that the circulator has not violated AS 15.45.110(d) with respect to that petition; and
(8) whether the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, and, if so, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition.

Sec. 15.45.140. Filing of petition.    (a) The sponsors must file the initiative petition within one year from the time the sponsors received notice from the lieutenant governor that the petitions were ready for delivery to them. The petition may be filed with the lieutenant governor only if it meets all of the following requirements: it is signed by qualified voters
(1) equal in number to 10 percent of those who voted in the preceding general election;
(2) resident in at least three-fourths of the house districts of the state; and
(3) who, in each of the house districts described in (2) of this subsection, are equal in number to at least seven percent of those who voted in the preceding general election in the house district.
(b) If the petition is not filed within the one-year period provided for in (a) of this section, the petition has no force or effect.

Sec. 15.45.150. Review of petition. Within not more than 60 days of the date the petition was filed, the lieutenant governor shall review the petition and shall notify the initiative committee whether the petition was properly or improperly filed, and at which election the proposition shall be placed on the ballot.

Sec. 15.45.160. Bases for determining the petition was improperly filed. The lieutenant governor shall notify the committee that the petition was improperly filed upon determining that
(1) there is an insufficient number of qualified subscribers;
(2) the subscribers were not resident in at least three-fourths of the house districts of the state; or
(3) there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section.

Sec. 15.45.170. Submission of supplementary petition. [Repealed, Sec. 7 ch 80 SLA 1998].    Repealed or Renumbered

Sec. 15.45.180. Preparation of ballot title and proposition.    (a) If the petition is properly filed, the lieutenant governor, with the assistance of the attorney general, shall prepare a ballot title and proposition. The ballot title shall, in not more than 25 words, indicate the general subject of the proposition. The proposition shall give a true and impartial summary of the proposed law. The total number of words used in the summary may not exceed the product of the number of sections in the proposed law multiplied by 50. In this subsection, “section” means a provision of the proposed law that is distinct from other provisions in purpose or subject matter.
(b) The proposition prepared under (a) of this section shall comply with AS 15.80.005 and shall be worded so that a “Yes” vote on the proposition is a vote to enact the proposed law.

Sec. 15.45.190. Placing proposition on ballot. The lieutenant governor shall direct the director to place the ballot title and proposition on the election ballot of the first statewide general, special, special runoff, or primary election that is held after
(1) the petition has been filed;
(2) a legislative session has convened and adjourned; and
(3) a period of 120 days has expired since the adjournment of the legislative session.

Sec. 15.45.195. Public hearings.    (a) At least 30 days before the election at which an initiative is to appear on the ballot, the lieutenant governor or a designee of the lieutenant governor shall hold two or more public hearings concerning the initiative in each judicial district of the state. Each public hearing under this section shall include the written or oral testimony of one supporter and one opponent of the initiative.
(b) The lieutenant governor shall provide reasonable notice of each public hearing required under this section. The notice must include the date, time, and place of the hearing. The notice may be given using print or broadcast media. The lieutenant governor shall provide notice in a consistent fashion for all hearings required under this section.
(c) Penalties for a violation of this section may not include removal of an initiative from the ballot.
(d) If the lieutenant governor determines that it is technologically and economically feasible, the division shall provide a live audio and video broadcast of each hearing held under (a) of this section on the division’s Internet website.

Sec. 15.45.200. Display of proposed law. The director shall provide each election board with at least five copies of the proposed law being initiated, and the election board shall display at least one copy of the proposed law in a conspicuous place in the room where the election is held.

Sec. 15.45.210. Determination of void petition. If the lieutenant governor, with the formal concurrence of the attorney general, determines that an act of the legislature that is substantially the same as the proposed law was enacted after the petition had been filed, and before the date of the election, the petition is void and the lieutenant governor shall so notify the committee.

Sec. 15.45.220. Adoption and effective date of proposed law. If a majority of the votes cast on the initiative proposition favor its adoption, the proposed law is enacted, and the lieutenant governor shall so certify. The act becomes effective 90 days after certification.

Sec. 15.45.230. Insufficiency of application or petition. [Repealed, Sec. 7, ch 80 SLA 1998].    Repealed or Renumbered

Sec. 15.45.240. Judicial review. Any person aggrieved by a determination made by the lieutenant governor under AS 15.45.010 – 15.45.220 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of the determination was given.

Sec. 15.45.245. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed on the lieutenant governor by AS 15.45.010 – 15.45.240 to the director.

Article 02. REFERENDUM Sec. 15.45.250. Provision and scope of use of referendum. The people may approve or reject acts of the legislature by referendum. However, a referendum may not be applied to dedication of revenue, to an appropriation, to local or special legislation, or to laws necessary for the immediate preservation of the public peace, health, or safety.

Sec. 15.45.260. Filing application. A referendum is proposed by filing an application with the lieutenant governor. A deposit of $100 must accompany the application. This deposit shall be retained if a petition is not properly filed. If a petition is properly filed, the deposit shall be refunded.

Sec. 15.45.270. Form of application. The application must include
(1) the act to be referred;
(2) a statement of approval or rejection;
(3) the printed name, the signature, the address, and a numerical identifier of not fewer than 100 qualified voters who will serve as sponsors; each signature page must include a statement that the sponsors are qualified voters who signed the application with the act to be referred and the statement of approval or rejection attached; and
(4) the designation of a referendum committee consisting of three of the sponsors who subscribed to the application and represent all sponsors and subscribers in matters relating to the referendum; the designation must include the name, mailing address, and signature of each committee member.

Sec. 15.45.280. Manner of notice. Notice to the referendum committee on any matter pertaining to the application and petition may be served on any member of the committee in person or by mail addressed to a committee member as indicated on the application.

Sec. 15.45.290. Designation of sponsors. The qualified voters who subscribe to the application in support of the referendum are designated as sponsors. The referendum committee may designate additional sponsors by giving notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated.

Sec. 15.45.300. Time of review of application for certification. Within seven calendar days after the date the application is received, the lieutenant governor shall review the application and shall either certify it or notify the referendum committee of the grounds for denial.

Sec. 15.45.310. Bases of denial of certification. The lieutenant governor shall deny certification upon determining that
(1) the application is not substantially in the required form;
(2) there is an insufficient number of qualified sponsors; or
(3) more than 90 days have expired since the adjournment of the legislative session at which the act being referred was passed.

Sec. 15.45.320. Preparation of petition.    (a) The lieutenant governor shall prepare a sufficient number of sequentially numbered petitions to allow full circulation throughout the state. Each petition must contain
(1) a copy of the act to be referred if the number of words included in both the formal and substantive provisions of the act is 500 or less;
(2) the statement of approval or rejection;
(3) a statement of minimum costs to the state associated with certification of the referendum application and review of the referendum petition, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;
(4) an estimate of the cost to the state of voter approval or rejection of the act;
(5) an impartial summary of the subject matter of the act;
(6) the statement of warning prescribed in AS 15.45.330;
(7) sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition; and
(8) other specifications prescribed by the lieutenant governor to ensure proper handling and control.
(b) Upon request of the referendum committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election.

Sec. 15.45.330. Statement of warning. Each petition shall include a statement of warning that a person who signs a name other than the person’s own to the petition, or who knowingly signs more than once for the same proposition at one election, or who signs the petition when knowingly not a qualified voter is guilty of a class B misdemeanor.

Sec. 15.45.335. Qualifications of circulator. To circulate a petition booklet, a person shall be
(1) a citizen of the United States;
(2) 18 years of age or older; and
(3) a resident of the state as determined under AS 15.05.020.

Sec. 15.45.340. Circulation; prohibitions.    (a) The petitions may be circulated throughout the state only in person.
(b) A circulator may not receive payment or agree to receive payment that is greater than $1 a signature, and a person or an organization may not pay or agree to pay an amount that is greater than $1 a signature, for the collection of signatures on a petition.
(c) A person or organization may not knowingly pay, offer to pay, or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition.
(d) A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor.
(e) In this section,
(1) “organization” has the meaning given in AS 11.81.900;
(2) “other valuable thing” has the meaning given in AS 15.56.030;
(3) “person” has the meaning given in AS 11.81.900.

Sec. 15.45.350. Manner of signing and withdrawing name from petition. Any qualified voter may subscribe to the petition by printing the voter’s name, a numerical identifier, and an address, by signing the voter’s name, and by dating the signature. A person who has signed the referendum petition may withdraw the person’s name only by giving written notice to the lieutenant governor before the date the petition is filed.

Sec. 15.45.360. Certification of circulator. Before being filed, each petition shall be certified by an affidavit by the person who personally circulated the petition. In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified at the time of filing or corrected before the subscriptions are counted. The affidavit must state in substance
(1) that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.335;
(2) that the person is the only circulator of that petition;
(3) that the signatures were made in the circulator’s actual presence;
(4) that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
(5) that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
(6) that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.340(b);
(7) that the circulator has not violated AS 15.45.340(c) with respect to that petition; and
(8) whether the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, and, if so, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition.

Sec. 15.45.370. Filing of petition. The sponsors may file the petition
(1) only if it is signed by qualified voters
(2) only within 90 days after the adjournment of the legislative session at which the act was passed; and
(A) equal in number to 10 percent of those who voted in the preceding general election;
(B) resident in at least three-fourths of the house districts of the state; and
(C) who, in each of the house districts described in (B) of this paragraph, are equal in number to at least seven percent of those who voted in the preceding general election in the house district.

Sec. 15.45.380. Review of petition. Within not more than 60 days of the date the petition was filed, the lieutenant governor shall review the petition and shall notify the committee whether the petition was properly or was improperly filed and at which election the proposition shall be placed on the ballot.

Sec. 15.45.390. Bases for determining the petition was improperly filed. The lieutenant governor shall notify the committee that the petition was improperly filed upon determining that
(1) there is an insufficient number of qualified subscribers;
(2) the subscribers were not resident in at least three-fourths of the house districts of the state;
(3) there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section; or
(4) the petition was not filed within 90 days after the adjournment of the legislative session at which the act was passed.

Sec. 15.45.400. Submission of supplementary petition. Upon receipt of notice that the filing of the petition was improper, the committee may amend and correct the petition by circulating and filing a supplementary petition within 10 days of the date that notice was given if 90 days have not expired after the adjournment of the legislative session at which the act was passed.

Sec. 15.45.410. Preparation of ballot title and proposition.    (a) The lieutenant governor, with the assistance of the attorney general, shall prepare a ballot title and proposition upon determining that the petition is properly filed. The ballot title shall, in not more than 25 words, indicate the general subject area of the act. The proposition shall, in not more than 50 words for each section, give a true and impartial summary of the act being referred. In this subsection, “section” means each section of the Alaska Statutes created, amended, or repealed in the Act, and each section of the Act that does not create or amend codified law.
(b) The proposition prepared under (a) of this section shall comply with AS 15.80.005 and shall be worded so that a “Yes” vote on the proposition is a vote to reject the act referred.

Sec. 15.45.420. Placing proposition on ballot. The lieutenant governor shall direct the director to place the ballot title and proposition on the election ballot for the first statewide general, special, special runoff, or primary election held more than 180 days after adjournment of the legislative session at which the act was passed.

Sec. 15.45.430. Display of act being referred. The director shall provide each election board with at least five copies of the act being referred, and the election board shall display at least one copy of the act in a conspicuous place in the room where the election is held.

Sec. 15.45.440. Rejection of act. If a majority of the votes cast on the referendum proposition favor the rejection of the act referred, the act is rejected, and the lieutenant governor shall so certify. The act rejected by referendum is void 30 days after certification.

Sec. 15.45.450. Insufficiency of application or petition. A referendum submitted to the voters may not be held void because of the insufficiency of the application or petition by which the submission was procured.

Sec. 15.45.460. Judicial review. Any person aggrieved by any determination made by the lieutenant governor under AS 15.45.250 – 15.45.450 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of the determination was given.

Sec. 15.45.465. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed upon the lieutenant governor by AS 15.45.250 – 15.45.460 to the director.

Article 03. RECALL Sec. 15.45.470. Provision and scope for use of recall. The governor, the lieutenant governor, and members of the state legislature are subject to recall by the voters of the state or the political subdivision from which elected.

Sec. 15.45.480. Filing application. The recall of the governor, lieutenant governor, or a member of the state legislature is proposed by filing an application with the director. A deposit of $100 must accompany the application. This deposit shall be retained if a petition is not properly filed. If a petition is properly filed the deposit shall be refunded.

Sec. 15.45.490. Time of filing application. An application may not be filed during the first 120 days of the term of office of any state public official subject to recall.

Sec. 15.45.500. Form of application. The application must include
(1) the name and office of the person to be recalled;
(2) the grounds for recall described in particular in not more than 200 words;
(3) the printed name, the signature, the address, and a numerical identifier of qualified voters equal in number to 10 percent of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled, 100 of whom will serve as sponsors; each signature page must include a statement that the qualified voters signed the application with the name and office of the person to be recalled and the statement of grounds for recall attached; and
(4) the designation of a recall committee consisting of three of the qualified voters who subscribed to the application and shall represent all sponsors and subscribers in matters relating to the recall; the designation must include the name, mailing address, and signature of each committee member.

Sec. 15.45.510. Grounds for recall. The grounds for recall are (1) lack of fitness, (2) incompetence, (3) neglect of duties, or (4) corruption.

Sec. 15.45.515. Designation of sponsors. The qualified voters who subscribe to the application in support of the recall are designated as sponsors. The recall committee may designate additional sponsors by giving notice to the lieutenant governor of the names, addresses, and numerical identifiers of those so designated.

Sec. 15.45.520. Manner of notice. Notice on all matters pertaining to the application and petition may be served on any member of the recall committee in person or by mail addressed to a committee member as indicated on the application.

Sec. 15.45.530. Notice of the number of voters. The director, upon request, shall notify the recall committee of the official number of persons who voted in the preceding general election in the state or in the senate or house district of the official to be recalled.

Sec. 15.45.540. Review of application for certification. The director shall review the application and shall either certify it or notify the recall committee of the grounds of refusal.

Sec. 15.45.550. Bases of denial of certification. The director shall deny certification upon determining that
(1) the application is not substantially in the required form;
(2) the application was filed during the first 120 days of the term of office of the official subject to recall or within less than 180 days of the termination of the term of office of any official subject to recall;
(3) the person named in the application is not subject to recall; or
(4) there is an insufficient number of qualified subscribers.

Sec. 15.45.560. Preparation of petition.    (a) The director shall prepare a sufficient number of sequentially numbered petitions to allow full circulation throughout the state or throughout the senate or house district of the official sought to be recalled. Each petition must contain
(1) the name and office of the person to be recalled;
(2) the statement of the grounds for recall included in the application;
(3) a statement of minimum costs to the state associated with certification of the recall application, review of the recall petition, and conduct of a special election, excluding legal costs to the state and the costs to the state of any challenge to the validity of the petition;
(4) an estimate of the cost to the state of recalling the official;
(5) the statement of warning required in AS 15.45.570;
(6) sufficient space for the printed name, a numerical identifier, the signature, the date of signature, and the address of each person signing the petition; and
(7) other specifications prescribed by the director to ensure proper handling and control.
(b) Upon request of the recall committee, the lieutenant governor shall report to the committee the number of persons who voted in the preceding general election in the state or in the district of the official sought to be recalled by the recall committee.

Sec. 15.45.570. Statement of warning. Each petition must include a statement of warning that a person who signs a name other than the person’s own to the petition, or who knowingly signs more than once for the same proposition at one election, or who signs the petition while knowingly not a qualified voter, is guilty of a class B misdemeanor.

Sec. 15.45.575. Qualifications of circulator. To circulate a petition booklet, a person shall be
(1) a citizen of the United States;
(2) 18 years of age or older; and
(3) a resident of the state as determined under AS 15.05.020.

Sec. 15.45.580. Circulation; prohibitions.    (a) The petitions may be circulated only in person throughout the state.
(b) A circulator may not receive payment or agree to receive payment that is greater than $1 a signature, and a person or an organization may not pay or agree to pay an amount that is greater than $1 a signature, for the collection of signatures on a petition.
(c) A person or organization may not knowingly pay, offer to pay, or cause to be paid money or other valuable thing to a person to sign or refrain from signing a petition.
(d) A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor.
(e) In this section,
(1) “organization” has the meaning given in AS 11.81.900;
(2) “other valuable thing” has the meaning given in AS 15.56.030;
(3) “person” has the meaning given in AS 11.81.900.

Sec. 15.45.590. Manner of signing and withdrawing name from petition. Any qualified voter registered to vote in the district represented by the official sought to be recalled may subscribe to the petition by printing the voter’s name, a numerical identifier, and an address, by signing the voter’s name, and by dating the signature. A person who has signed the petition may withdraw the person’s name only by giving written notice to the director before the date the petition is filed.

Sec. 15.45.600. Certification of circulator. Before being filed, each petition shall be certified by an affidavit by the person who personally circulated the petition. In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified at the time of filing or corrected before the subscriptions are counted. The affidavit must state in substance
(1) that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.575;
(2) that the person is the only circulator of that petition;
(3) that the signatures were made in the circulator’s actual presence;
(4) that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
(5) that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
(6) that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.580(b);
(7) that the circulator has not violated AS 15.45.580(c) with respect to that petition; and
(8) whether the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, and, if so, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition.

Sec. 15.45.610. Filing of petition. A petition may not be filed within less than 180 days of the termination of the term of office of a state public official subject to recall. The sponsor may file the petition only if signed by qualified voters equal in number to 25 percent of those who voted in the preceding general election in the state or in the senate or house district of the official sought to be recalled.

Sec. 15.45.620. Review of petition. Within 30 days of the date of filing, the director shall review the petition and shall notify the recall committee and the person subject to recall whether the petition was properly or improperly filed.

Sec. 15.45.630. Bases for determining the petition was improperly filed. The director shall notify the committee that the petition was improperly filed upon determining that
(1) there is an insufficient number of qualified subscribers; or
(2) the petition was filed within less than 180 days of the termination of the term of office of the official subject to recall.

Sec. 15.45.640. Submission of supplementary petition. Upon receipt of notice that the filing of the petition was improper, the committee may amend and correct the petition by circulating and filing a supplementary petition within 20 days of the date that notice was given, if filed within less than 180 days of the termination of the term of office of the person subject to recall.

Sec. 15.45.650. Calling special election. If the director determines the petition is properly filed and if the office is not vacant, the director shall prepare the ballot and shall call a special election to be held on a date not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed. If a primary or general election is to be held not less than 60, nor more than 90, days after the date that notification is given that the petition was properly filed, the special election shall be held on the date of the primary or general election.

Sec. 15.45.660. Preparation of ballot. The ballot shall be designed with the question of whether the public official shall be recalled, placed on the ballot in the following manner: “Shall ( name of official ) be recalled from the office of . . . . . .?”. Provision shall be made for marking the question “Yes” or “No.”

Sec. 15.45.670. Conduct of special election. Unless specifically provided otherwise, all provisions regarding the conduct of a general election shall govern the conduct of a special election for the recall of the state public official, including but not limited to, provisions concerning voter qualification; provisions regarding duties, powers, rights and obligations of the director, of other election officials, and of municipalities; provision for notification of the election; provision for the payment of election expenses; provisions regarding employees being allowed time from work to vote; provisions for counting, reviewing, and certification of returns; provision for the determination of votes and of recount contests and court appeal; and provisions for absentee voting.

Sec. 15.45.680. Display of grounds for and against recall. The director shall provide each election board in the state or in the senate or house district of the person subject to recall with at least five copies of the statement of the grounds for recall included in the application and at least five copies of the statement of not more than 200 words made by the official subject to recall in justification of the official’s conduct in office. The person subject to recall may provide the director with the statement within 10 days after the date the director gave notification that the petition was properly filed. The election board shall post at least one copy of the statements for and against recall in a conspicuous place in the polling place.

Sec. 15.45.690. Certification of election results. If a majority of the votes cast on the question of recall favor the removal of the official, the director shall so certify and the office is vacant on the day after the date of certification.

Sec. 15.45.700. Filling vacancy. A vacancy caused by a recall is filled as a vacancy caused by any other means is filled.

Sec. 15.45.710. Insufficiency of grounds, application, or petition. A recall submitted to the voters may not be held void because of the insufficiency of the grounds, application, or petition by which the submission was procured.

Sec. 15.45.720. Judicial review. Any person aggrieved by a determination made by the director under AS 15.45.470 – 15.45.710 may bring an action in the superior court to have the determination reviewed within 30 days of the date on which notice of determination was given.

Article 01. CONSTITUTIONAL AMENDMENTS

Chapter 15.50 CONSTITUTIONAL AMENDMENTS AND CONVENTIONS

Sec. 15.50.010. Preparation of proposition for constitutional amendment.    (a) The lieutenant governor shall prepare a proposed ballot title and proposition for each amendment to the state constitution proposed by the legislature or by a constitutional convention. Each amendment shall be confined to one subject. Within 30 days of the date of adjournment of a legislative session or of the date of adjournment of a constitutional convention, the lieutenant governor shall provide one copy of the proposed ballot title and proposition for each amendment to each member of the legislature and shall make copies available to the public.
(b) The proposition prepared under (a) of this section shall comply with AS 15.80.005 and shall be worded so that a “Yes” vote on the proposition is a vote to adopt the proposed constitutional amendment.

Sec. 15.50.020. Description of ballot title and proposition. The ballot title shall, in not more than six words, indicate the general subject of the act. The proposition shall, in not more than 100 words, give a true and impartial summary of the amendment proposed.

Sec. 15.50.025. Objection to proposed ballot title and proposition. A qualified voter, or the Legislature of the State of Alaska acting directly or through the legislative council, who believes that the proposed ballot title and proposition prepared by the lieutenant governor under AS 15.50.010 does not provide a true and impartial summary of the amendment proposed may, within 15 days of the date of mailing of the proposed ballot title and proposition to the members of the legislature, submit to the lieutenant governor a statement of objection to the proposed ballot title and proposition, giving the reasons for objection, and suggesting alternative language revising the wording of the title or proposition. The lieutenant governor shall consider any objection received before directing that the ballot containing the proposition be prepared by the director. Not more than 10 days after the deadline for receipt of objections, the lieutenant governor shall advise any person who submitted a statement of objection to the proposed ballot title and proposition of the lieutenant governor’s final decision.

Sec. 15.50.027. Judicial review. A qualified voter, or the Legislature of the State of Alaska acting directly or through the legislative council, who has filed with the lieutenant governor a statement of objection to a proposed ballot title and proposition as provided in AS 15.50.025 and who believes that the ballot title and proposition as finally prepared does not provide a true and impartial summary of the amendment proposed may bring an action in the superior court to have the determination reviewed. An action shall be commenced within 45 days of the date of mailing of the proposed ballot title and proposition to members of the legislature as provided in AS 15.50.010.

Sec. 15.50.030. Placing proposition on ballot. The lieutenant governor shall direct the director to place the ballot title and proposition on the ballot for the next statewide general election held after the amendment proposed by the legislature or held 120 days after the amendment proposed by a constitutional convention. If there is insufficient time to permit the proposition to be placed on the regular ballot by the director, the lieutenant governor shall direct the director to prepare a separate ballot for the proposition.

Sec. 15.50.040. Display of resolution. The director shall provide each election board with one copy of the resolution proposing the constitutional amendment by the legislature or by the convention, and the election board shall display the copy of the resolution in a conspicuous place in the room where the election is held.

Sec. 15.50.050. Certification of vote. If a majority of the votes cast on the proposition favor the amendment, the constitutional amendment is adopted, and the lieutenant governor shall so certify.

Sec. 15.50.060. Effective date. Unless otherwise provided in the amendment, it becomes effective 30 days after certification.

Article 02. CONSTITUTIONAL CONVENTIONS Sec. 15.50.070. Placing question of constitutional convention on ballot. If during any 10-year period a constitutional convention has not yet been held, and the question of holding a constitutional convention has not been placed before the voters, the lieutenant governor shall direct the director to place the question on the ballot for the next regular statewide general or primary election.

Sec. 15.50.080. Certification of vote. If a majority of votes cast on the question are in the affirmative, the lieutenant governor shall so certify and shall issue the call for the convention.

Sec. 15.50.090. Time and manner of selecting delegates. Delegates to the convention shall be elected at the next statewide general election in the number and manner prescribed in the call for the convention by the lieutenant governor or as provided by law.

Sec. 15.50.100. Certification of constitutional amendment by convention. The president of the constitutional convention shall certify to the lieutenant governor each proposed amendment to the constitution adopted by the constitutional convention.

Article 03. DELEGATION BY LIEUTENANT GOVERNOR Sec. 15.50.110. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed on the lieutenant governor by AS 15.50.010 – 15.50.100 to the director.

Chapter 15.55 ELECTION OFFENSES, CORRUPT PRACTICES, AND PENALTIES

Sec. 15.55.010. – 15.55.250l [Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.56].    Repealed or Renumbered

Chapter 15.56 ELECTION OFFENSES, CORRUPT PRACTICES, AND PENALTIES

Sec. 15.56.010. Campaign misconduct in the first degree. [Repealed, Sec. 28 ch 48 SLA 1996].    Repealed or Renumbered

Sec. 15.56.012. Campaign misconduct in the first degree..    (a) Except as provided in AS 15.56.014 and 15.56.016, a person commits the crime of campaign misconduct in the first degree if the person knowingly engages in conduct that violates a provision of AS 15.13 or a regulation adopted under authority of AS 15.13.
(b) Violation of this section is a corrupt practice.
(c) Campaign misconduct in the first degree is a class A misdemeanor.

Sec. 15.56.014. Campaign misconduct in the second degree..    (a) A person commits the crime of campaign misconduct in the second degree if the person
(1) knowingly circulates or has written, printed, or circulated a letter, circular, or publication relating to an election, to a candidate at an election, or an election proposition or question without the name and address of the author appearing on its face;
(2) except as provided by AS 15.13.090(b), knowingly prints or publishes an advertisement, billboard, placard, poster, handbill, paid-for television or radio announcement, or communication, as that term is defined in AS 15.13.400, intended to influence the election of a candidate or outcome of a ballot proposition or question without the words “paid for by” followed by the name and address of the person paying for the advertising or communication and, if a candidate or group, with the name of the campaign chair;
(3) knowingly makes a communication, as that term is defined in AS 15.13.400,
(A) containing false factual information relating to a candidate for an election;
(B) that the person knows to be false; and
(C) that would provoke a reasonable person under the circumstances to a breach of the peace or that a reasonable person would construe as damaging to the candidate’s reputation for honesty or integrity, or to the candidate’s qualifications to serve if elected to office.
(b) Violation of this section is a corrupt practice.
(c) Campaign misconduct in the second degree is a class B misdemeanor.

Sec. 15.56.016. Campaign misconduct in the third degree..    (a) A person commits the offense of campaign misconduct in the third degree if
(1) the person violates a provision of AS 15.13 or a regulation adopted under AS 15.13; or
(2) during the hours the polls are open and after election officials have posted warning notices as required by AS 15.15.170 or at the required distance in the form and manner prescribed by the chief municipal elections official in a local election, the person is within 200 feet of an entrance to a polling place, and
(A) violates AS 15.15.170; or
(B) circulates cards, handbills, or marked ballots, or posts political signs or posters relating to a candidate at an election or election proposition or question.
(b) Campaign misconduct in the third degree is a violation.

Sec. 15.56.018. Applicability of campaign misconduct provisions..    (a) For purposes of AS 15.56.012(a) and 15.56.016(a)(1), each day a violation continues constitutes a separate offense.
(b) When a person is convicted of violating AS 15.56.012, in addition to imposition of a sentence as authorized by AS 12.55.015, notwithstanding AS 12.55.015(c), the court shall order suspension, for a period of one year, of any license held by the defendant that allows the defendant to do business in the state.

Sec. 15.56.019. Definition. [Repealed, Sec. 22 ch 9 SLA 2014].    Repealed or Renumbered

Sec. 15.56.020. Campaign misconduct in the second degree. [Repealed, Sec. 28 ch 48 SLA 1996].    Repealed or Renumbered

Sec. 15.56.025. Telephone campaign misconduct.    (a) A person commits the crime of telephone campaign misconduct if the person makes a statement about a candidate
(1) as part of an organized telephone poll or organized series of calls to convince potential voters concerning the outcome of an election;
(2) that the person knows to be false; and
(3) that the person intends to affect the outcome of the election.
(b) Violation of this section is a corrupt practice. However, notwithstanding AS 15.20.540, only a defeated candidate may contest the nomination or election of a person for violation of this section.
(c) Telephone campaign misconduct is a class A misdemeanor.

Sec. 15.56.030. Unlawful interference with voting in the first degree.    (a) A person commits the crime of unlawful interference with voting in the first degree if the person
(1) uses, threatens to use, or causes to be used force, coercion, violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, harm, or loss, upon or against another person to induce or compel that person to vote or refrain from voting in an election;
(2) knowingly pays, offers to pay, or causes to be paid money or other valuable thing to a person to vote or refrain from voting in an election;
(3) solicits, accepts, or agrees to accept money or other valuable thing with the intent to vote for or refrain from voting for a candidate at an election or for an election proposition or question;
(4) violates AS 15.20.081(a) by knowingly supplying or encouraging or assisting another person to supply to a voter an absentee ballot application form with a political party or group affiliation indicated if the voter is not already registered as affiliated with that political party or group, and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035(a)(5);
(5) knowingly designs, marks, or encourages or assists another person to design or mark an absentee ballot application in a manner that suggests choice of one ballot over another as prohibited by AS 15.20.081(a), and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035(a)(6); or
(6) knowingly submits or encourages or assists another person to submit an absentee ballot application to an intermediary who could control or delay the submission of the application to the division of elections or who could gather data from the application form as prohibited by AS 15.20.081(a), and the person has been previously convicted of unlawful interference with voting in the second degree under AS 15.56.035(a)(7).
(b) Violation of this section is a corrupt practice.
(c) Unlawful interference with voting in the first degree is a class C felony.
(d) For purposes of (a)(2) and (3) of this section, “other valuable thing”
(1) includes
(A) an entry in a game of chance in which a prize of money or other present or future pecuniary gain or advantage may be awarded to a participant wherein the total of the prizes offered is greater than $2 per participant with a maximum of $100; and
(B) government employment or benefits;
(2) does not include
(A) materials having a nominal value bearing the name, likeness, or other identification of a candidate, political party, political group, party district committee, or organization, or stating a position on a ballot proposition or question;
(B) food and refreshments provided incidental to an activity that is nonpartisan in nature and directed at encouraging persons to vote, or incidental to a gathering in support of or in opposition to a candidate, political party, political group, party district committee, organization, or ballot question or proposition;
(C) care of the voter’s dependents provided in connection with the absence of a voter from home for the purpose of voting;
(D) services provided by a person acting as a representative under AS 15.20.072;
(E) services provided by an election official as defined in AS 15.80.010; and
(F) transportation of a voter to or from the polls without charge.

Sec. 15.56.035. Unlawful interference with voting in the second degree.    (a) A person commits the crime of unlawful interference with voting in the second degree if the person
(1) has an official ballot in possession outside of the voting room unless the person is an election official or other person authorized by law or local ordinance, or by the director or chief municipal elections official in a local election;
(2) makes, or knowingly has in possession, a counterfeit of an official election ballot;
(3) knowingly solicits or encourages, directly or indirectly, a registered voter who is no longer qualified to vote under AS 15.05.010, to vote in an election;
(4) as a registration official
(A) knowingly refuses to register a person who is entitled to register under AS 15.07.030; or
(B) accepts a fee from an applicant applying for registration;
(5) violates AS 15.20.081(a) by knowingly supplying or encouraging or assisting another person to supply to a voter an absentee ballot application form with a political party or group affiliation indicated if the voter is not already registered as affiliated with that political party or group;
(6) knowingly designs, marks, or encourages or assists another person to design or mark an absentee ballot application in a manner that suggests choice of one ballot over another as prohibited by AS 15.20.081(a); or
(7) knowingly submits or encourages or assists another person to submit an absentee ballot application to an intermediary who could control or delay the submission of the application to the division of elections or who could gather data from the application form as prohibited by AS 15.20.081(a).
(b) Violation of (a)(3) of this section is a corrupt practice.
(c) Unlawful interference with voting in the second degree is a class A misdemeanor.

Sec. 15.56.040. Voter misconduct in the first degree.    (a) A person commits the crime of voter misconduct in the first degree if the person
(1) votes or attempts to vote in the name of another person or in a name other than the person’s own;
(2) votes or attempts to vote more than once at the same election with the intent that the person’s vote be counted more than once;
(3) intentionally makes a false affidavit, swears falsely, or falsely affirms under an oath required by this title;
(4) knowingly votes or solicits a person to vote after the polls are closed with the intent that the vote be counted.
(b) Voter misconduct in the first degree is a class C felony.

Sec. 15.56.050. Voter misconduct in the second degree.    (a) A person commits the crime of voter misconduct in the second degree if the person
(1) registers to vote without being entitled to register under AS 15.07.030;
(2) knowingly makes a material false statement while applying for voter registration or reregistration; or
(3) votes or attempts to vote in an election after being disqualified under AS 15.05.030.
(b) Voter misconduct in the second degree is a class A misdemeanor.

Sec. 15.56.060. Unlawful interference with an election.    (a) A person commits the crime of unlawful interference with an election if the person
(1) induces or attempts to induce an election official to fail in the official’s duty by force, threat, intimidation, or offers of reward;
(2) intentionally changes, attempts to change, or causes to be changed an official election document including ballots, tallies, and returns;
(3) intentionally delays, attempts to delay, or causes to be delayed the sending of the certificate, register, ballots, or other materials whether original or duplicate, required to be sent by AS 15.15.370; or
(4) is contracted or employed by the state to print or reproduce in any manner an official ballot, and the person knowingly
(A) personally appropriates, or gives or delivers to, or permits to be taken by anyone other than a person authorized by the director, official ballots; or
(B) prints or reproduces or has printed or reproduced official ballots in a form or with a content other than that prescribed by law or as directed by the director.
(b) Unlawful interference with an election is a class C felony.

Sec. 15.56.070. Election official misconduct in the first degree.    (a) A person commits the crime of election official misconduct in the first degree if while an election official, the person
(1) intentionally fails to perform an election duty or knowingly does an unauthorized act with the intent to affect an election or its results;
(2) knowingly permits or makes or attempts to make a false count of election returns; or
(3) intentionally conceals, withholds, destroys, or attempts to conceal, withhold, or destroy election returns.
(b) Election official misconduct in the first degree is a class C felony.

Sec. 15.56.080. Election official misconduct in the second degree.    (a) A person commits the crime of election official misconduct in the second degree if while an election official, and while the polls are open, the person
(1) opens a ballot received from a voter at an election, unless permitted by ordinance in a local election;
(2) marks a ballot by folding or otherwise so as to be able to recognize it;
(3) otherwise attempts to learn how a voter marked a ballot; or
(4) allows a person to do one of the acts prescribed by (1), (2), or (3) of this subsection.
(b) Election official misconduct in the second degree is a class A misdemeanor.

Sec. 15.56.090. Improper subscription to petition.    (a) A person commits the crime of improper subscription to petition if the person
(1) signs a name other than the person’s own to a petition proposing an initiative, referendum, recall, or nomination of a candidate for state or local office;
(2) knowingly signs more than once for the same proposition, question, or candidate at one election;
(3) signs a petition proposing an initiative, referendum, recall, or nomination of a candidate for state or local office, while knowingly not being a qualified voter; or
(4) solicits, accepts, or agrees to accept money or other valuable thing in exchange for signing or refraining from signing a petition proposing an initiative; in this paragraph, “other valuable thing” has the meaning given in AS 15.56.030(d).
(b) Improper subscription to petition is a class B misdemeanor.

Sec. 15.56.100. Refusal to allow employees time off.    (a) An employer commits the offense of refusal to allow employees time off if the employer refuses to allow an employee time off for the purpose of voting, or if, after allowing the time off, the employer deducts the time from the wages of the employee, except as provided in (b) of this section.
(b) An employee who has two consecutive hours in which to vote, either between the opening of the polls and the beginning of the employee’s regular working shift, or between the end of that regular working shift and the close of the polls, is considered to have sufficient time outside of working hours within which to vote.
(c) Refusal to allow employees time off to vote is a violation.

Sec. 15.56.110. Effect of certain convictions.    (a) The election of a candidate to the state legislature or to municipal office who knowingly commits a corrupt practice or whose campaign treasurer or deputy campaign treasurer knowingly commits a corrupt practice is voidable under this section.
(b) If a successful candidate or the campaign treasurer or the deputy campaign treasurer of a successful candidate for the state legislature or for a seat on a city council or borough assembly or for mayor is convicted of a felony or misdemeanor described in this chapter as a corrupt practice, the eligibility of the successful candidate to hold the office to which elected shall be determined as to
(1) a member of the legislature under art. II, Sec. 12 of the state constitution;
(2) a member of the borough assembly under AS 29.20.170(6);
(3) a borough mayor under AS 29.20.280(6);
(4) a member of the city council under AS 29.20.170(6);
(5) a city mayor under AS 29.20.280(6).

Sec. 15.56.115. Disposition of cases involving corrupt practice. When a candidate or a nominee or the campaign treasurer of a candidate or a nominee is charged with a felony or misdemeanor described in this chapter as a corrupt practice, the case shall be promptly tried and the case shall be accorded a preferred status by the courts to ensure a speedy disposition of the matter.

Sec. 15.56.120. Election defined. [Repealed, Sec. 4 ch 87 SLA 1996].    Repealed or Renumbered

Sec. 15.56.130. Time limitation. [Repealed, Sec. 12 ch 95 SLA 2008].    Repealed or Renumbered

Sec. 15.56.199. Definitions. In this chapter,
(1) “election” includes a local election as defined in AS 15.80.010 in addition to a state election;
(2) “knowingly” has the meaning given in AS 11.81.900(a).

Chapter 15.57 ELECTION PAMPHLET

[Repealed, Sec. 232 ch 100 SLA 1980. For current law, see AS 15.58].

Chapter 15.58 ELECTION PAMPHLET

Sec. 15.58.010. Election pamphlet. Before each state general election, and before each state primary, special, or special runoff election at which a ballot proposition is scheduled to appear on the ballot, the lieutenant governor shall prepare, publish, and mail at least one election pamphlet to each household identified from the official registration list. The pamphlet shall be prepared on a regional basis as determined by the lieutenant governor.

Sec. 15.58.020. Contents of pamphlet.    (a) Each general election pamphlet must contain
(1) photographs and campaign statements submitted by eligible candidates for elective office in the region;
(2) information and recommendations filed under AS 15.58.050 on judicial officers subject to a retention election in the region;
(3) a map of the house district or districts of the region;
(4) sample ballots for house districts of the region;
(5) an absentee ballot application;
(6) for each ballot proposition submitted to the voters by initiative or referendum petition or by the legislature,
(A) the full text of the proposition specifying constitutional or statutory provisions proposed to be affected;
(B) the ballot title and the summary of the proposition prepared by the director or by the lieutenant governor;
(C) a statement of the costs to the state of implementing the law proposed in an initiative, or of voter approval or rejection of the act that is the subject of a referendum;
(D) a neutral summary of the proposition prepared by the Legislative Affairs Agency;
(E) statements submitted that advocate voter approval or rejection of the proposition not to exceed 500 words;
(7) for each bond question, a statement of the scope of each project as it appears in the bond authorization;
(8) a maximum of two pages of material submitted under AS 15.58.040 by each political party;
(9) additional information on voting procedures that the lieutenant governor considers necessary;
(10) for the question whether a constitutional convention shall be called,
(A) a full statement of the question placed on the ballot;
(B) statements not to exceed 500 words that advocate voter approval or rejection of the question;
(11) under AS 37.13.170, the Alaska permanent fund annual income statement and balance sheet for the two fiscal years preceding the publication of the election pamphlet;
(12) under AS 15.10.090, notice of
(A) the establishment or abolition of a precinct;
(B) the designation, abolition, or modification of precinct boundaries; and
(C) a change in the location of a polling place.
(b) Each primary, special, or special runoff election pamphlet shall contain only the information specified in (a)(6) and (a)(9) of this section for each ballot measure scheduled to appear on the primary, special, or special runoff election ballot.

Sec. 15.58.030. Material to be filed by candidate.    (a) No later than August 30 of a presidential election year, candidates for the offices of the United States President and Vice-President may file with the lieutenant governor photographs and statements advocating their candidacy.
(b) No later than July 22 of a year in which a state general election will be held, an individual who becomes a candidate for the office of United States senator, United States representative, governor, lieutenant governor, state senator, or state representative under AS 15.25.030 or 15.25.180 may file with the lieutenant governor a photograph and a statement advocating the candidacy. An individual who becomes a candidate for the office of United States senator, United States representative, governor, lieutenant governor, state senator, or state representative by party petition filed under AS 15.25.110 may file with the lieutenant governor a photograph and a statement advocating the candidacy within 10 days of becoming a candidate.
(c) Each candidate for an office designated under (a) or (b) of this section is allowed one page of space in the pamphlet for a photograph and statement.
(d) Pages on which candidates’ photographs or statements appear must be clearly identified with the words “provided and paid for by the candidate.”
(e) A candidate’s statement must be typewritten and is limited to a position statement of 250 words or less and a biographical statement of 150 words or less.
(f) A candidate’s photograph must be 5″ x 7″ in size and must have been taken within the past five years. The photograph must be limited to the head, neck, and shoulders of the candidate. All photographs shall be printed in black and white.
(g) No later than August 7 of the year in which the state general election will be held, a person seeking retention in office as a justice or judge may file with the lieutenant governor a photograph and a statement advocating the candidacy.
(h) The lieutenant governor shall prepare and publish on the division’s Internet website the photograph and statement of a candidate for an office designated under (a), (b), or (g) of this section. The lieutenant governor shall indicate that the photograph and statement are provided and paid for by the candidate. A photograph and a statement of a candidate that have been timely filed with the lieutenant governor shall be published on the website at least 15 days before an election at which the candidate will appear on the ballot.

Sec. 15.58.040. Material to be filed by political parties.    (a) No later than July 15 of a year in which a state general election will be held, a political party may file with the lieutenant governor a maximum of two pages of material.
(b) Each page purchased must be clearly identified with the words “paid for by” followed by the name of the political party, the name of the state chairperson of the party, and the name of the party treasurer.
(c) Material submitted by a political party may not
(1) include images, except for graphic elements including party logos;
(2) directly or indirectly advocate
(A) for or against, or use the name of, another political party;
(B) for the election or defeat or use the name of a person who is
(i) a candidate for municipal, state, or federal public office;
(ii) a public official, as that term is defined in AS 39.50.200(a);
(iii) a member of the legislature;
(iv) elected or appointed to public office in the federal government.
(d) Nothing in (c) of this section prohibits a political party from submitting material that promotes the political party’s
(1) candidates generally, without naming individual persons; or
(2) platform, tenets, or philosophy.

Sec. 15.58.050. Information and recommendations on judicial officers. No later than August 7 of the year in which the state general election will be held, the judicial council shall file with the lieutenant governor a statement including information about each supreme court justice, court of appeals judge, superior court judge, and district court judge who will be subject to a retention election. The statement shall reflect the evaluation of each justice or judge conducted by the judicial council according to law and shall contain a brief statement describing each public reprimand, public censure, or suspension received by the judge under AS 22.30.011(d) during the period covered in the evaluation. A statement may not exceed 600 words.

Sec. 15.58.060. Charges for space in pamphlet.    (a) Each general election candidate shall pay to the lieutenant governor at the time of filing material under this chapter the following:
(1) President or Vice-President of the United States, United States senator, United States representative, governor, lieutenant governor, supreme court justice, and court of appeals judge, $300 each;
(2) superior court judge and district court judge, $150 each;
(3) state senator and state representative, $100 each.
(b) Subject to the page limitation under AS 15.58.020(a)(8), the state chair or executive committee of a political party shall pay to the lieutenant governor at the time of filing material under AS 15.58.040 $600 for each page purchased.
(c) There is no charge for statements and recommendations submitted by the judicial council or for statements advocating approval or rejection of a proposition submitted to the voters for approval.

Sec. 15.58.070. Organization of material. [Repealed, Sec. 92 ch 82 SLA 2000].    Repealed or Renumbered

Sec. 15.58.080. Distribution.    (a) Not less than 22 days before the general election, the lieutenant governor shall mail to every registered voter one copy of the pamphlet prepared for the region in which the voter resides. Additional pamphlets may be obtained from the director, the office of the lieutenant governor, and the area election offices.
(b) The state library shall make a recording of the appropriate regional pamphlet available to a blind voter without cost. The lieutenant governor shall assist with the preparation of recording each regional pamphlet.

Sec. 15.58.090. Delegation by lieutenant governor. The lieutenant governor may delegate the duties imposed by this chapter to the director.

Chapter 15.60 GENERAL PROVISIONS

Sec. 15.60.005. – 15.60.020. [Renumbered as AS 15.80.005 – 15.80.020].    Repealed or Renumbered

Chapter 15.62 MISCELLANEOUS PROVISIONS

[Repealed, Sec. 26 ch 80 SLA 1963].

Chapter 15.65 RIGHTS OF VOTER AND PROHIBITIONS

[Repealed, Sec. 231 ch 100 SLA 1980. For current law, see AS 15.56].

Chapter 15.80 GENERAL PROVISIONS

Sec. 15.80.005. Readability of certain election materials.    (a) The policy of the state is to prepare a ballot proposition that is clear, concise, and easily readable. The form of each ballot proposition shall be scored under (c) of this section. The policy of the state is to prepare a ballot proposition that is scored at approximately 60.
(b) Each neutral summary prepared for the voter’s pamphlet shall be scored under (c) of this section. The policy of the state is to prepare a neutral summary that is scored at approximately 60.
(c) A ballot proposition or neutral summary shall be scored using the following procedures:
(1) disregard numbers;
(2) multiply the average sentence length in words by 1.015;
(3) multiply the average number of syllables for each 100 words by .846;
(4) subtract the total of (2) and (3) from 206.835.
(d) A court may not enjoin the conduct or results of an election for a failure to comply with (a) or (b) of this section.

Sec. 15.80.007. Sale of voter registration and election management software. The director may sell voter registration and election management system data processing software.

Sec. 15.80.008. Recognized political party status.    (a) A political group that the director has not recognized as a political party may obtain recognized political party status if, on or before May 31 of the election year for which the political group seeks recognition, the political group
(1) files an application with the director;
(2) submits bylaws to the director and the United States Department of Justice as required of political parties in AS 15.25.014; and
(3) meets the definition of a political party in AS 15.80.010.
(b) The director shall verify that each political group seeking recognized political party status under (a) of this section and each recognized political party meets the definition of a political party in AS 15.80.010.
(c) The director shall perform a verification described in (b) of this section at least once a month after the date of certification of the preceding general election, except that the director may suspend the monthly verifications on and after June 1 and before November 30 of a general election year. For purposes of (b) of this section, the director shall verify that the voters who have submitted registration forms to the division of elections are qualified under AS 15.05.010 and have declared affiliation with the political group or recognized political party for which the verification is performed.
(d) Within 10 days after a verification under (c) of this section, the director shall provide to a political group seeking recognized political party status under (a) of this section written notification when the political group has obtained recognized political party status.
(e) The director may not withdraw recognized political party status from a political group that no longer qualifies as a political party until after the first verification after a general election at which a governor was elected. The director shall notify the political group in writing of the withdrawal of recognition.

Sec. 15.80.010. Definitions. In this title, unless the context otherwise requires,
(1) “absent uniformed services voter” has the meaning given in 42 U.S.C. 1973ff-6;
(2) “absentee voting official” means a person appointed to serve as an absentee voting official in accordance with AS 15.20.045;
(3) “ballot” means any document provided by the director on which votes may be cast for candidates, propositions, or questions;
(4) “director” means the director of elections who is the chief elections officer of the state appointed in accordance with AS 15.10.105(a);
(5) “division” means the division of elections created under AS 15.10.105;
(6) “election board” means the board appointed in accordance with AS 15.10.120;
(7) “election official” means election board members, members of counting or review boards, employees of the division of elections, and absentee voting officials;
(8) “electronically generated ballot” means any ballot other than a paper ballot that is physically marked by the voter using a writing instrument or a mechanical device;
(9) “federal election” means a general, special, special runoff, or primary election held solely or in part for the purpose of selecting, nominating, or electing a candidate for the office of President, Vice-President, presidential elector, United States senator, or United States representative;
(10) “felony involving moral turpitude” includes those crimes that are immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a forgery device, offering a false instrument for recording, scheme to defraud, falsifying business records, commercial bribe receiving, commercial bribery, bribery, receiving a bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, escape, promoting contraband, interference with official proceedings, receiving a bribe by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical evidence, hindering prosecution, terroristic threatening, riot, criminal possession of explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, misconduct involving a controlled substance or an imitation controlled substance, permitting an escape, promoting gambling, possession of gambling records, distribution of child pornography, and possession of child pornography;
(11) “general election” means the election held on the Tuesday after the first Monday in November of even-numbered years;
(12) “hand-counted ballot” means a ballot designated to be counted by hand in precincts where precinct tabulators are not available;
(13) “house district” means one of the districts described in art. VI, sec. 1, Constitution of the State of Alaska;
(14) “judicial district” means one of the districts defined in AS 22.10.010;
(15) “lieutenant governor” includes an appointed lieutenant governor, governor, or acting governor if a vacancy has occurred in the office of lieutenant governor or governor;
(16) “limited political party” means a political group which organizes for the purpose of selecting candidates for electors for President and Vice-President;
(17) “local election” means a regular or special election held by a borough, city, school district, or regional educational attendance area;
(18) “master register” means the list of all registered voters in the state which is maintained by the director of elections;
(19) “member of a political party” means a person who supports the political program of a party;
(20) “numerical identifier” means a voter’s date of birth, the last four digits of a voter’s social security number, a voter’s Alaska driver’s license number, or a voter’s Alaska identification card number or voter identification number;
(21) “oath” includes affirmation;
(22) “official registration list” means the list of all voters qualified to vote at a particular election compiled in accordance with AS 15.07.125;
(23) “optically scanned ballot” means a paper ballot designed to be read by an optical scanning machine;
(24) “overseas voter” has the meaning given in 42 U.S.C. 1973ff-6;
(25) “party district committee” means the political party committee that performs the executive function for a region representing an area larger than a precinct and smaller than the state;
(26) “political group” means a group of organized voters which represents a political program and which does not qualify as a political party;
(27) “political party” means an organized group of voters that represents a political program and
(A) that nominated a candidate for governor who received at least three percent of the total votes cast for governor at the preceding general election or has registered voters in the state equal in number to at least three percent of the total votes cast for governor at the preceding general election;
(B) if the office of governor was not on the ballot at the preceding general election but the office of United States senator was on that ballot, that nominated a candidate for United States senator who received at least three percent of the total votes cast for United States senator at that general election or has registered voters in the state equal in number to at least three percent of the total votes cast for United States senator at that general election; or
(C) if neither the office of governor nor the office of United States senator was on the ballot at the preceding general election, that nominated a candidate for United States representative who received at least three percent of the total votes cast for United States representative at that general election or has registered voters in the state equal in number to at least three percent of the total votes cast for United States representative at that general election;
(28) “precinct” means the territory within which resident voters may cast votes at one polling place;
(29) “precinct tabulators” means an electronic optical scanning ballot tabulation system or other tabulator designated by the director to electronically count ballots;
(30) “presidential election year” means a year in which the presidential electors are elected;
(31) “proposition” means an initiative, referendum, or constitutional amendment submitted at an election to the public for vote;
(32) “qualified voter” means a person who has the qualification of a voter and is not disqualified as provided by art. V, Sec. 2, of the state constitution and AS 15.05.030;
(33) “question” means an issue placed on the ballot to determine whether a judge or justice shall be accepted or rejected, whether a constitutional convention shall be called, whether a state debt shall be contracted, or whether a state official shall be recalled;
(34) “registration official” includes an employee of the division of elections when performing the task of voter registration and a person appointed to serve as a registration official in accordance with AS 15.07.081 or 15.07.100;
(35) “reregistration” means the submission of a registration form by a voter whose registration was inactivated on the master register maintained under AS 15.07 and the director’s reactivation of that registration in accordance with that chapter; in this paragraph, “a voter whose registration was inactivated” does not include a voter whose registration was inactivated under AS 15.07.130 and whose ballot may be counted under AS 15.15.198;
(36) “senate district” means one of the districts described in art. VI, sec. 2, Constitution of the State of Alaska;
(37) “signature” or “subscription” includes a mark intended as a signature or subscription;
(38) “special election” means an election held at a time other than when the general or primary election is held and an election called to be held with, and at the time of, the general or primary election;
(39) “special runoff election” means a runoff election for a United States senator or United States representative held because no candidate for the office received over 50 percent of the votes cast at the special election for that office;
(40) “state chairperson ” or “state party chairperson” means the political party official elected as the highest ranking statewide party executive;
(41) “sworn” includes affirmed;
(42) “unconditional discharge” means that a person is released from all disability arising under a conviction and sentence, including probation and parole;
(43) “vacancy” exists in an office when the person elected or appointed to the office resigns, retires, dies, is recalled, is rejected by majority vote on the question at an election, is convicted of a corrupt practice, is removed by impeachment, or is expelled;
(44) “voter” means a person who presents oneself for the purpose of voting either in person or by absentee ballot;
(45) “voter registration agency” means an agency designated in or under AS 15.07.055.

Sec. 15.80.020. Short title. AS 15.05AS 15.80 may be cited as the Alaska Election Code.