Alaska 32nd Legislature (2021-2022) Status: In Committee 1 R cosponsors

SB 39 — An Act relating to elections; relating to voter registration; relating to ballots and a system of tracking and accounting for ballots; establishing an election offense hotline; designating as a class A misdemeanor the collection of ballots from other voters; designating as a class C felony the intentional opening or tampering with a sealed ballot, certificate, or package of ballots without authorization from the director of the division of elections; and providing for an effective date.

Last action — (S) Minutes (SFIN)

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

394 added · 918 removed

Plain-language change summary

The latest version of SB 39 updates several aspects of election regulations, notably around voter registration and election security. Key changes include the addition of provisions that classify certain election-related offenses, such as collecting ballots from others and tampering with ballots, as misdemeanors or felonies, which emphasizes the seriousness of protecting the election process. Additionally, it clarifies that voters can register by electronic methods approved by the election director, making the registration process more accessible. These changes are important for ensuring fair and secure elections in Alaska.

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32-LS0204\N CS FOR SENATE BILL NO.
32-LS0204\A SENATE BILL NO.
39(STA) IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY THE SENATE STATE AFFAIRS COMMITTEE Referred:
39 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-SECOND LEGISLATURE - FIRST SESSION BY SENATOR SHOWER Introduced:
Judiciary Sponsor(s):
1/25/21 Referred:
SENATOR SHOWER A BILL FOR AN ACT ENTITLED "An Act relating to voting and elections;
State Affairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to elections;
relating to retention of election data;
establishing an election offense hotline;
designating as a class C felony intentionally opening or tampering with a sealed ballot, certificate, or package of ballots without authorization from the director of the division of elections;
designating as a class C felony the intentional opening or tampering with a sealed ballot, certificate, or package of ballots without authorization from the director of the division of elections;
designating as a class C felony breaching, hacking, altering, or tampering with election data or ballots;
designating as a class B felony election fraud;
designating as a class C felony sharing election data results before the close of the polls on election day;
AS 15.07.060(a) is amended to read:
AS 15.07.050(a) is amended to read:
(a) Each applicant who requests registration or reregistration shall supply the SB0039B -1- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N following information:
(a) Registration may be made (1) in person before a registration official or through a voter registration agency;
(1) the applicant's name and sex;
(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 SB0039A -1- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A authorizing that other individual to register the voter;
(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) by mail;
(3) the applicant's date of birth;
(4) by facsimile transmission, scanning, or another method of electronic transmission that the director approves;
(4) the applicant's Alaska residence address;
or (5) by requesting to be registered as a voter by checking a box that clearly indicates that the applicant is requesting to be registered on [COMPLETING] a permanent fund dividend application form under AS 43.23.015.
(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 statement [DECLARATION] that the applicant is a citizen of the United States, certified under penalty of perjury as prescribed in AS 09.63.020;
(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.
AS 15.07.060(c) is amended to read:
(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, tribal identification card, or passport [, OR HUNTING OR FISHING LICENSE].
A registration official who knows the identity of the applicant may waive the identification requirement.
* Sec.
3.
CSSB 39(STA) -2- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (e) For an applicant requesting initial registration by mail, by a form of [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).
(e) For an applicant requesting initial registration by mail, by a form of [FACSIMILE OR OTHER] electronic transmission approved by the director under AS 15.07.050, or by requesting registration on [COMPLETING] a permanent fund dividend application form and including the information required under (a)(1) - (4) and (7) - (9) of this section, 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).
a driver's license, state identification card, current and valid photo identification, birth certificate, tribal identification card, or passport [, OR HUNTING OR FISHING LICENSE].
a driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license.
3.
AS 15.07.070(i) is amended to read:
(i) The division shall register voters under (j) - (m) of this section who request to be registered on a permanent fund dividend application form submitted under AS 43.23.015 to the Department of Revenue.
The director shall treat an eligible permanent fund dividend applicant who requests to be registered as a new or updated registered voter, unless the permanent fund dividend applicant does not provide the information required under AS 15.07.060(a)(1) - (4) and (7) - (9) [SUBMIT AN APPLICATION TO RECEIVE A PERMANENT FUND DIVIDEND IN ACCORDANCE WITH (j) - (m) OF THIS SECTION].
* Sec.
AS 15.07.070(a) is amended to read:
AS 15.07.070(k) is amended to read:
(a) The director (1) shall [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.
(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, SB 39 -2- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A process the registration information received and notify, by United States mail and any other means authorized by the director, each applicant who requested registration of the applicant's registration status [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;
1973gg (National Voter Registration Act of 1993);
(B) MAINTAIN AN EXISTING VOTER REGISTRATION OR BE NEWLY REGISTERED AT A VALID PLACE OF RESIDENCE NOT PROVIDED IN THE APPLICANT'S APPLICATION;
and (2) shall adopt regulations under AS 44.62 (Administrative Procedure Act) providing for (A) the use of the most functional application of distributed ledger technology, which may include blockchain, Hashgraph, DAG, Holochain, or Tempo, to protect election data;
AND (C) ADOPT A POLITICAL PARTY AFFILIATION;
(B) development of a voter authentication system that (i) assigns digital multi-factor authentication security identifiers to all registered voters;
AND (2) THAT FAILURE TO RESPOND TO THE NOTIFICATION SHALL CONSTITUTE THE APPLICANT'S CONSENT TO CANCEL ANY REGISTRATION TO VOTE IN ANOTHER JURISDICTION].
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(ii) ensures a qualitative voter authentication method for voters voting at a location other than a polling place;
and (iii) includes an alternative authentication process for voters unable to use digital multi-factor authentication.
AS 15.07.070(d) is amended to read:
AS 15.07.070(l) is amended to read:
(d) Qualified voters may register in person before a registration official or SB0039B -3- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N 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.
(l) If an applicant requests [DOES NOT DECLINE] to be registered as a voter, the [WITHIN 30 CALENDAR DAYS AFTER THE DIRECTOR ISSUES THE NOTIFICATION, THE APPLICATION UNDER AS 43.23.015 WILL CONSTITUTE A COMPLETED REGISTRATION FORM.
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.
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.
The director or election supervisor shall explain to a newly registered voter the process for obtaining the voter's digital multi-factor authentication security identifiers and the process for a voter unable to use digital multi-factor authentication.
If registration is denied, the applicant shall immediately be informed in writing that registration was denied and the reason for denial.
Names of persons registering 30 or more days before an election shall be placed on the official registration list for that election.
AS 15.07.070(k) is amended to read:
AS 15.15 is amended by adding new sections to read:
(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, process the registration information received and 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.
* Sec.
7.
AS 15.07.130 is amended by adding new subsections to read:
(g) The division shall use nationally recognized best practices and develop a system of protocols to review voter registration records and update the master register.
The protocols must include reviews for deceased voters, persons convicted of a felony involving moral turpitude, persons not qualified to vote under AS 15.05, persons registered to vote in another state, whether the number of registered voters on the master register exceeds the number of eligible voters in the state, and voter registration CSSB 39(STA) -4- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N information data breaches.
When reviewing voter registration records, the division shall review available records and databases, which should include United States Postal Service forwarding databases, the Electronic Registration Information Center, the Interstate Voter Registration Crosscheck Program, motor vehicle records, Department of Corrections records, property and sales tax records, Social Security Administration databases, United States Department of Homeland Security records, jury duty records, Help America Vote Act records, and National Change of Address records.
(h) The division shall, in consultation with an external, nationally recognized subject-matter expert, biennially audit the master register.
The division shall consider the subject-matter expert's recommendations.
By February 1 of each year of a general election, the division shall publish a report describing the most recent biennial audit and expert recommendations, identifying protocols used under (g) of this section, providing election information, including the number of voters on the master register and the total population eligible to vote, and highlighting voting data problems, irregularities, errors, and vulnerabilities identified in the audit.
The division shall submit the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available on or before the date the report is published.
(i) The Department of Law and th e division may share the state's master register and voter registration data with other state, municipal, and tribal governments.
* Sec.
8.
AS 15.07.195(a) is amended to read:
(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;
(7) the voter's digital multi-factor authentication security SB0039B -5- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N identifiers.
* Sec.
9.
AS 15.07 is amended by adding a new section to read:
15.07.205.
Process to cancel registration.
The director shall develop a process to allow a voter to cancel the voter's registration.
The director shall prominently display instructions for a voter to cancel the voter's registration on every ballot envelope and at every polling location.
* Sec.
10.
AS 15.15.030 is amended by adding a new paragraph to read:
(18) The director shall by regulation adopted under AS 44.62 (Administrative Procedure Act) require that an official ballot include a watermark, seal, or other identifier.
Unless the director provides for a limited exception in regulation, the division may not count a ballot that does not include the identifier.
The division shall, in the report published under AS 15.07.130(h), identify the limited exceptions provided by the director.
* Sec.
11.
AS 15.15.032(b) is amended to read:
(b) Software for voting by use of electronically generated ballots must [SHALL] be (1) open-source;
(2) developed entirely in the United States by a company beneficially owned by residents of the United States using routers and servers in the United States and best practice cyber security;
and (3) tested and certified under AS 15.20.900.
* Sec.
12.
AS 15.15.032 is amended by adding a new subsection to read:
(d) If the director provides for voting by use of electronically generated ballots, the director shall provide for the use of digital multi-factor authentication to ensure sufficient chain-of-custody protections.
* Sec.
13.
AS 15.15 is amended by adding a new section to read:
Sec.
(a) The director shall provide by regulation for a system for ballot security and chain of custody to account for the original of each used and unused ballot, absentee ballot certificate and envelope, and the paper record of an electronically generated ballot under AS 15.15.032 through a redundant, secure, and sealed system that accounts for the CSSB 39(STA) -6- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N location and entity that has custody of a ballot or record from the time the ballot is printed or paper record produced, until 22 months after the applicable election is certified under AS 15.15.450.
(a) The director shall provide by regulation for a system to account for the original of each used and unused ballot, absentee ballot certificate and envelope, and the paper record of an electronically generated ballot under AS 15.15.032 through a redundant, secure, and sealed system that tracks the location and entity that has custody of a ballot or record from the time the ballot is printed or paper record produced, until 22 months after the applicable election is certified under AS 15.15.450.
The system must include digital multi-factor authentication to access voter data and verify voter identity and, for each ballot that leaves the division's immediate custody, an envelope-based barcode or other mechanism sufficient to account for ballot chain of custody at all times the ballot is outside division custody.
The division shall continually update the system adopted under this section to ensure that state election practices and SB0039A -3- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A procedures are consistent with the best practices and procedures and protect the integrity of state elections held under this title.
The division shall continually update the system adopted under this section to ensure that state election practices and procedures are consistent with best practices and procedures and protect the integrity of state elections held under this title.
(b) The system established in (a) of this section must provide that (1) each ballot, absentee ballot certificate and envelope, and paper record of an electronically generated ballot under AS 15.15.032 for an election is tracked and accounted for at all times through a chain-of-custody protocol;
(b) The system established in (a) of this section must provide that (1) each ballot, absentee ballot certificate and envelope, and paper record of an electronically generated ballot under AS 15.15.032 for an election is accounted for at all times through a chain-of-custody protocol;
(3) immediately after the polls close, digital reports from an electronic voting machine are printed in paper form and accounted for under this section;
(3) immediately after the polls close, digital reports from an electronic voting machine are printed in paper form and tracked and accounted for under this section.
(4) each voting machine or ballot tabulator is disconnected from the Internet for a period beginning 24 hours before the polls open on the day of an election and ending after the division has (A) transferred all election data from the machine or tabulator onto not fewer than two separate secure electronic storage devices;
(c) Before certifying an election under AS 15.15.450, the director shall account for the original of each used or unused ballot, absentee ballot certificate and envelope, and the paper record of an electronically generated ballot under AS 15.15.032.
and (B) uploaded the data from one of the electronic storage devices to a master server protected by the most functional application of distributed ledger technology, which may include blockchain, Hashgraph, DAG, Holochain, or Tempo;
(5) an electronic storage device containing election data is retained for 22 months, as required under AS 15.15.470.
(c) Before certifying an election under AS 15.15.450, the director shall SB0039B -7- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N account for the original of each used or unused ballot, absentee ballot certificate and envelope, and the paper record of an electronically generated ballot under AS 15.15.032.
If unable to account for each ballot, the director shall provide to the attorney general, the lieutenant governor, the senate president, the speaker of the house of representatives, each affected candidate, each affected organization or organized group that sponsors or opposes an initiative, referendum, or recall, and the public a detailed description explaining why the ballots did not reconcile.
When the director is unable to account for each ballot, the director may not certify an election under AS 15.15.450 unless the director has disclosed the detailed description explaining why the ballots did not reconcile.
(d) If, under the system established in (a) of this section, the original of a used or unused ballot, absentee ballot certificate and envelope, or the paper record of an electronically generated ballot under AS 15.15.032 is not accounted for, there is a break in the scheduled chain of custody, there is a lapse in system security, or the director has reason to anticipate a break in the scheduled chain of custody or lapse in system security before an election is certified under AS 15.15.450, the director shall notify the attorney general, the lieutenant governor, each affected candidate, and each affected organization or organized group that sponsors or opposes an initiative, referendum, or recall.
(d) If, under the system established in (a) of this section, the original of a used or unused ballot, absentee ballot certificate and envelope, or the paper record of an electronically generated ballot under AS 15.15.032 is not accounted for, there is a break in the scheduled chain of custody, there is a lapse in system security, or the director has reason to anticipate a break in the scheduled chain of custody or lapse in system security before an election is certified under AS 15.15.450, the director shall notify the attorney general, the lieutenant governor, the senate president, the speaker of the house of representatives, each affected candidate, each affected organization or organized group that sponsors or opposes an initiative, referendum, or recall, and the public.
(e) The director shall by regulation adopted under AS 44.62 (Administrative Procedure Act) develop a process to, following the closing of the polls, void all unused ballots, spoiled ballots, and unopened packs of ballots without mutilating or destroying the forensic integrity of the unused ballots, spoiled ballots, or unopened packs of ballots.
(e) An election official or watcher who has reasonable cause to believe that a SB 39 -4- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A voting machine, election ballot, record, certificate, or package of ballots has been opened or otherwise tampered with, or that another irregularity relating to election materials has occurred, shall immediately notify the director and call for an audit of the affected election materials following the closing of the polls.
(f) An election official or watcher who has reasonable cause to believe that a CSSB 39(STA) -8- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N voting machine, election ballot, physical or digital record, certificate, or package of ballots has been opened or otherwise tampered with, or that another irregularity relating to election materials has occurred, shall immediately notify the director and call for an inspection of the affected election materials following the closing of the polls.
If an election official or watcher at a precinct calls for an audit under this subsection, the director shall require an audit of the affected election materials before the materials are mailed under AS 15.15.370.
If an election official or watcher at a precinct calls for an inspection under this subsection, the director shall require an inspection of the affected election materials before the materials are returned under AS 15.15.370.
* Sec.
14.
AS 15.15.210 is amended to read:
15.15.210.
15.15.057.
Questioning of voter [VOTERS OF SUSPECT] qualification.
Election offense hotline.
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 person attempting to vote has also received an absentee ballot or if the questioner has good reason to suspect that the questioned person is not qualified under AS 15.05.
(a) The director shall establish a toll- free election offense hotline to receive telephone calls reporting election offenses under this chapter.
All questions regarding a person's qualifications to vote shall be made in writing setting out the reason the person has been questioned.
The director shall publicize the availability of the toll-free hotline and encourage the public to provide information to the division related to voter misconduct or other election offenses under this chapter.
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 felony [MISDEMEANOR] under this title or AS 11.
The director shall ensure the hotline is continuously staffed during the hours an absentee voting station is open under AS 15.20.045, during the hours an early voting location is open under AS 15.20.064, and for 24 hours after the time the polls open on election day.
After the questioned person has executed the declaration, the person may vote.
From 24 hours after the polls open until all election results are certified under AS 15.15.450, the director shall ensure an election official is continuously available to respond to calls made to the hotline.
If the questioned person refuses to execute the declaration, the person may not vote.
(b) The director shall have the election offense hotline number printed on a sticker and placed on voting machines, ballot envelopes, and other election materials in a manner the director determines will provide maximum public notice of the election offense hotline established under (a) of this section.
15.
7.
AS 15.15.215(a) is amended to read:
AS 15.15.060 is amended by adding a new subsection to read:
(a) A voter who casts a questioned ballot shall vote the ballot in the same manner as prescribed for other voters.
(f) The director shall provide each election board in the state with notices containing the election offense hotline telephone number.
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 election board shall post at least two of the notices in each polling place.
Unless the voter is unable to use digital multi-factor authentication, the voter shall provide the voter's digital multi-factor authentication security identifiers.
The election board shall post the notices so that they are conspicuous to voters.
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 SB0039B -9- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N 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.
16.
8.
AS 15.15.225(a) is amended to read:
(a) Before being allowed to vote, each voter shall exhibit to an election official (1) one form of identification, including (A) [(1)] an official voter registration card, driver's license, state identification card, current and valid photo identification, birth certificate, tribal identification card, or passport [, OR HUNTING OR FISHING LICENSE];
or (B) [(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;
and (2) the voter's digital multi-factor authentication security identifiers, unless the voter is unable to use digital multi-factor authentication.
* Sec.
17.
If a voter improperly marks, damages, or otherwise spoils a balot, the voter may request and the election board shall provide another ballot, with a maximum of two [THREE].
If a voter improperly marks, damages, or otherwise spoils a balot, 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, mark or punch the spoiled ballot as void while maintaining chain-of- custody protocols, and seal [DESTROY] the spoiled ballot immediately without examining it.
SB0039A -5- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A The board shall record on the precinct register that there was a spoiled ballot, mark the spoiled ballot void, and seal [DESTROY] the spoiled ballot immediately without examining it.
18.
9.
AS 15.15.250 is amended by adding a new subsection to read:
(b) The director may prescribe a mechanism to mark or punch a spoiled ballot as void that preserves the forensic value of the ballot.
* Sec.
19.
AS 15.15.300 is amended to read:
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 marked or punched as void, maintaining chain-of- CSSB 39(STA) -10- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N custody protocols [DESTROYED].
* Sec.
20.
AS 15.15.350(a) is amended to read:
(a) The director shall [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.
* Sec.
21.
Voter qualification system.
Notice of voter disqualification.
The director shall adopt regulations to maintain an accurate master register and create a best practices qualification system.
If a voter's vote for or against a candidate, proposition, or question is not counted because the voter is not qualified under AS 15.05.010(3), the director shall notify the voter by mail of the reason the vote was not counted and action the voter may take to avoid the issue in a future election.
If a voter's vote is not counted because the voter is not qualified under AS 15.05.010(3), the director shall notify the voter immediately by reasonably available means.
The director shall mail the explanation not later than (1) 10 days after completion of the review of ballots by the state review board for a primary election or a special primary election under AS 15.40.140;
The director shall investigate to determine whether the voter knowingly violated AS 11.56.210(a) or another provision of law when registering to vote or applying for an absentee ballot, and shall refer such a voter to law enforcement.
(2) 60 days after certification of the results of a general election or special election other than a special primary election described in (1) of this section.
A voter shall be given a reasonable opportunity to validate the voter's voting eligibility if it is in question and may authenticate the voter's vote by 5:00 p.m.
on the third day after election day.
22.
10.
(b) The director or lieutenant governor may not certify the results of an election under (a) of this section SB0039B -11- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (1) until each original ballot and paper record is accounted for under AS 15.15.055(c);
(b) The director or lieutenant governor may not certify the results of an election under (a) of this section until each original ballot and paper record is accounted for under AS 15.15.055(c).
or (2) if an accounting irregularity cannot be reconciled and a ballot is not accounted for, until the lieutenant governor (A) refers the irregularity to the attorney general;
(B) informs affected candidates and sponsors, the president of the senate, and the speaker of the house of representatives;
and (C) provides public notice of the irregularities.
23.
11.
The director shall preserve all precinct election certificates, tallies, election data on an electronic storage device, and registers for 22 months [FOUR YEARS] after the election.
The director shall preserve all precinct election certificates, tallies, and registers for four years after the election.
All ballots for national elections may be destroyed in accordance with federal law, including 52 U.S.C.
All ballots for national elections may be destroyed in accordance with federal law.
sec.
20701.
The original used and unused ballots and absentee ballot certificates and envelopes and the paper records of electronically generated ballots under AS 15.15.032 must be destroyed at a location designated by the division.
The originals of used and unused ballots and absentee ballot certificates and envelopes and the paper records of electronically generated ballots under AS 15.15.032 must be destroyed at a single location designated by the division.
The division may designate up to two destruction locations, one in the southcentral region and one in the southeast region of the state.
The director shall then certify before a notary public that the ballots, absentee ballot certificates and envelopes, and paper records have been destroyed.
The director shall then certify SB 39 -6- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A before a notary public that the ballots, absentee ballot certificates and envelopes, and paper records have been destroyed.
24.
12.
AS 15.15 is amended by adding a new section to read:
AS 15.20.066(a) is amended to read:
Sec.
(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.
15.15.490.
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;
Division support of municipal election.
(2) ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process;
The division shall support a municipal election by providing data, including equipment or the official registration list, unless the municipality CSSB 39(STA) -12- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (1) uses a system, approved by the director, that requires sufficient digital or nondigital multi-factor authentication and ballot chain-of-custody protocols;
(3) prohibit absentee voting by facsimile in a state election.
(2) agrees to submit any data update or change to the director for approval;
(3) does not forward ballots or election information when a voter no longer resides at an address;
(4) implements protocols, approved by the director, to update voter registration records;
and (5) does not allow a ballot received after the day of the election that is not postmarked or is postmarked after the day of the election to be counted, unless the ballot envelope is marked with a United States Postal Service tracking barcode sufficient to verify that the ballot was mailed on or before the day of the election.
25.
13.
AS 15.20.061(c) is amended to read:
(c) Upon [ON] receipt of an absentee ballot in person, the voter shall proceed to mark the ballot in secret, to provide the voter's digital multi-factor authentication security identifiers, unless the voter is unable to use digital multi- factor authentication, 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.
* Sec.
26.
AS 15.20.066(b) is amended to read:
(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 and certified by (A) a commissioned or noncommissioned officer of the armed SB0039B -13- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N 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, if an individual under (A) or (B) of this paragraph is not available and the voter provides a statement certified, as prescribed in AS 09.63.020, under penalty of perjury, indicating that none of the officials is available;
and (3) include the voter's digital multi-factor authentication security identifiers, unless the voter is unable to use digital multi-factor authentication.
* Sec.
27.
AS 15.20 is amended by adding a new section to read:
Sec.
15.20.068.
Application for absentee ballot.
The division shall provide an absentee ballot application by mail when an eligible voter expressly requests an application.
An application may be sent to a voter only by United States mail and only by the division, an officially registered candidate, a recognized political party, or a group sponsoring a ballot measure.
An application must prominently display who sent the application and prominently display "Application only/Not a ballot" on the exterior address side of the envelope.
* Sec.
28.
(a) A qualified voter may apply in person, by mail, by electronic mail, or by facsimile, scanning, or other electronic transmission to the director for an absentee ballot under this section.
(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.
The application must include the address or, if the application requests delivery of an absentee ballot by electronic transmission, the [TELEPHONE] electronic mail address [TRANSMISSION NUMBER,] to which the absentee ballot is to be returned, the applicant's full Alaska residence address, [AND] the applicant's signature, and, unless the voter is unable to use digital multi-factor authentication, digital multi- factor authentication security identifiers to verify the identity of the qualified voter.
The application must include the address or, if the application requests delivery of an absentee ballot by electronic transmission, the [TELEPHONE] electronic mail address [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 CSSB 39(STA) -14- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N absentee in federal elections in accordance with AS 15.05.011 shall provide a physical residence address and electronic or telephone contact information [NEED NOT INCLUDE AN ALASKA RESIDENCE ADDRESS IN THE APPLICATION].
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.
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.
For purposes of this subsection, "directly to the division of elections" means that an SB0039A -7- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A 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.
29.
14.
AS 15.20.081(b) is amended to read:
(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 14 [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.
* Sec.
30.
(d) Upon receipt of an absentee ballot by mail, the voter, in the presence of and after providing sufficient identification to a notary public, commissioned SB0039B -15- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N 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, to provide, unless the voter is unable to use digital multi-factor authentication, the voter's digital multi-factor authentication security identifiers, 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.
(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 provide a written statement on the voter's certificate indicating that none of the officials is available, certify, as prescribed in AS 09.63.020, under penalty of perjury, that the statements in the voter's certificate are true, and 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.
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.
The witness shall provide a written statement on the voter's certificate indicating that none of the officials listed is available, certify, as prescribed in AS 09.63.020, under penalty of perjury, that the voter is known to the individual and that none of the officials listed is available, 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].
If, during an emergency declared under AS 26.23, a court order invalidates the requirement to obtain a witness signature under this subsection, the division shall resume enforcement of the witness requirement after the emergency declaration expires.
The division may not count a ballot that is not signed by an official unless the ballot includes a voter's certificate providing the written statements and certifications.
The voter and attesting official or witness shall legibly print their name, physical address, mailing address, and digital or telephone contact information on the space provided on the voter's certificate.
31.
15.
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 CSSB 39(STA) -16- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N vote.
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 seventh [10TH] day after the election.
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.
If the ballot is SB 39 -8- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A received after the day of the election [POSTMARKED], it must be postmarked on or before election day.
A ballot received after the day of the election that is not postmarked or is postmarked after the day of the election may not be accepted unless the ballot envelope is marked with a United States Postal Service tracking barcode sufficient to verify that the ballot was mailed on or before the day of the election.
After the day of the election, ballots may not be accepted unless received by mail.
32.
16.
AS 15.20.081(f) is amended to read:
(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, including, unless the voter is unable to use digital multi-factor authentication, the voter's digital multi-factor authentication security identifiers 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, tribal identification card, or 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.
* Sec.
33.
AS 15.20.081 is amended by adding a new subsection to read:
(m) An absentee ballot application must include an option for a qualified voter to choose to receive absentee ballots by mail for future regularly scheduled state elections.
The division may not require a voter who chooses this option to reapply for an absentee ballot by mail unless (1) the voter has not voted an absentee ballot for a period of four years;
SB0039B -17- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N or (2) the voter's previous absentee ballot sent under this section was returned to the division as undeliverable.
* Sec.
34.
AS 15.20.201(a) is amended to read:
(a) Not [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 and envelopes of absentee ballots received by that date.
The review of absentee ballots shall continue at times designated by the election supervisor until completed.
* Sec.
35.
(b) Counting of absentee ballots that have been reviewed shall begin not fewer than seven days preceding [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.
(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 first count of absentee ballots to the district absentee ballot counting board not later than [.
The counting teams shall count reviewed absentee ballots as soon as possible after review and may not delay counting to determine whether a voter has voted more than once in the election.
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.
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.
36.
17.
AS 15.20.203(b) is amended to read:
(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 envelope, if delivered by mail after the day of the election [POSTMARKED], (A) is not postmarked on or before the date of the election;
or CSSB 39(STA) -18- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (B) does not have a United States Postal Service tracking barcode sufficient to verify that the ballot was mailed on or before the day 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, tribal identification card, or 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;
SB0039B -19- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (7) the voter's certificate is not signed by a notary public, commissioned officer of the armed forces, judge or magistrate, United States postal official, registration official, or other person qualified to administer oaths, and the voter does not provide a written statement on the voter's certificate indicating that none of the listed officials was available;
(8) the voter voted in person on the day of the election at a polling place and also voted an absentee ballot;
or (9) the voter is able to use digital multi-factor authentication and has not provided the voter's digital multi-factor authentication security identifiers.
* Sec.
37.
AS 15.20.203(e) is amended to read:
(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.
The ballot may not be separated from the envelope before the division determines that the voter is qualified to vote and has not voted more than one time in the election.
* Sec.
38.
AS 15.20.203(i) is amended to read:
(i) The director shall immediately make a reasonable effort to contact each absentee voter whose absentee ballot has been rejected under this section, explain why the ballot has been rejected and how it may be cured, and 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 A SPECIAL PRIMARY ELECTION UNDER AS 15.40.140;
(2) 60 DAYS AFTER CERTIFICATION OF THE RESULTS OF A GENERAL ELECTION OR SPECIAL ELECTION OTHER THAN A SPECIAL PRIMARY ELECTION DESCRIBED IN (1) OF THIS SUBSECTION].
The director shall provide an absentee voter whose ballot is rejected under this section a reasonable opportunity, until 5:00 p.m.
on the third day after election day, to cure a rejected ballot.
* Sec.
39.
AS 15.20.203 is amended by adding a new subsection to read:
CSSB 39(STA) -20- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (k) If, under (b)(8) of this section, a voter's absentee ballot is not counted and the director determines that the voter did not intend to have two votes counted, the division shall count the voter's in-person ballot.
* Sec.
40.
AS 15.20.207(b) is amended to read:
(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);
or (4) is able to use digital multi-factor authentication and has not provided the voter's digital multi-factor authentication security identifiers.
* Sec.
41.
AS 15.20.207(i) is amended to read:
(i) The director shall immediately make a reasonable effort to contact each voter whose questioned ballot has been rejected under this section, explain why the ballot has been rejected and how it may be cured, and 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 A SPECIAL PRIMARY ELECTION UNDER AS 15.40.140;
(2) 60 DAYS AFTER CERTIFICATION OF THE RESULTS OF A GENERAL OR SPECIAL ELECTION, OTHER THAN A SPECIAL PRIMARY ELECTION DESCRIBED IN (1) OF THIS SUBSECTION].
The director shall provide a voter whose ballot is rejected under this section a reasonable opportunity, until 5:00 p.m.
on the third day after election day, to cure a rejected SB0039B -21- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N ballot.
* Sec.
42.
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, comparing the identifier data on each ballot and envelope to ensure that each voter has voted only once in the election, and [BY] comparing the totals with the election certificate of results.
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, comparing the names on all ballots to ensure that each person has voted only once in the election, and [BY] comparing the totals with the election certificate of results.
43.
18.
AS 15.20.540 is amended to read:
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;
(4) a breach of voter registration data that reveals voters' digital multi-factor authentication or other security identifiers sufficient to change the results of an election;
(5) ballot accounting irregularities sufficient to change the results of an election.
* Sec.
44.
AS 15.20.540 is amended by adding a new subsection to read:
(b) The division's failure to contact an absentee voter whose ballot is rejected under AS 15.20.203 or a voter whose questioned ballot is rejected under AS 15.20.207 is not grounds to contest an election.
* Sec.
45.
AS 15.20.800(a) is amended to read:
(a) The director may conduct an election by mail CSSB 39(STA) -22- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (1) in an unorganized community with a population of 750 or less if the director determines that facilitating organized in-person voting in the community is unreasonable;
(2) in a second class city with a population of 1,000 or less, upon the governing body's request;
(3) in a second class borough with a population of 3,000 or less, upon the governing body's request;
(4) in an area affected or threatened by a disaster while a disaster declaration under AS 26.23.020 is in effect if the governor declares the emergency because of (A) an incident described in AS 26.23.900(2)(A);
(B) an outbreak of disease or a credible threat of an imminent outbreak of disease;
or (C) an enemy or terrorist attack or a credible threat of an imminent enemy or terrorist attack;
or (5) if it is held at a time other than when the general, party primary, or municipal election is held.
* Sec.
46.
AS 15.20.800(b) is amended to read:
(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.
Before conducting an election by mail, the director shall update the master register and adopt a system protected by the most functional application of distributed ledger technology, which may include blockchain, Hashgraph, DAG, Holochain, or Tempo, that provides for strict digital multi-factor authentication and ballot chain-of-custody protocols.
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 SB0039B -23- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N being an undeliverable address.
* Sec.
47.
AS 15.20.900 is amended by adding new subsections to read:
(c) The division shall conduct a routine forensic examination of each precinct tabulator before and after each election.
(d) Precinct tabulators may not be connected to the Internet from 24 hours before the polls open on election day until 14 days after the polls close.
During this time, all tabulator data shall be loaded from the tabulator onto a separate storage device and transmitted from a computer that is not connected to the tabulator.
(e) The division shall develop and apply strict chain-of-custody protocols for precinct tabulators.
* Sec.
48.
(2) makes, or knowingly has in possession, a counterfeit of an official election ballot;
(2) makes, or knowingly has in possession, a counterfeit of an official SB0039A -9- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A election ballot;
[OR] CSSB 39(STA) -24- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (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);
[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);
or (8) knowingly collects a ballot from a voter unless (A) the voter expressly requested that the person collect the ballot;
or (8) knowingly collects a ballot from another voter unless the person (A) possesses only one other voter's ballot and the person is a family member, household member, or caregiver of the other voter;
(B) the person did not solicit the ballot;
or (B) is engaged in official duties as an election official, a United States Postal Service worker, or a private commercial delivery service.
and (C) the person did not collect more than six ballots voted in a single election.
49.
19.
(d) In this section, "collects" means the action of gaining possession or control of a ballot.
(d) In this section, (1) "caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, or adult foster care home;
SB 39 -10- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A (2) "collects" means the action of gaining possession or control of a ballot;
(3) "family member" means a person who is related to the voter by blood, marriage, adoption, or legal guardianship;
(4) "household member" means a person who resides at the same residence as the voter.
50.
20.
AS 15.56.040(a) is amended to read:
(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, including another person who is cognitively unable to express their vote, 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.
* Sec.
51.
(2) intentionally changes, attempts to change, or causes to be changed SB0039B -25- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N an official election document including ballots, tallies, and returns;
(2) intentionally changes, attempts to change, or causes to be changed an official election document including ballots, tallies, and returns;
[OR] (4) intentionally opens or tampers with a sealed absentee ballot certificate, absentee ballot envelope, or package of ballots without express authorization from the director;
(4) intentionally opens or tampers with a sealed absentee ballot certificate and envelope or package of ballots without express authorization from the director;
(5) intentionally breaches, hacks, alters, or tampers with election machinery, including a tabulator machine, a program, a system, a server, or software used to verify identity, count, or tabulate, or manage or control any election function;
or (5) [(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 (6) 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;
52.
21.
AS 15.56 is amended by adding a new section to read:
Sec.
15.56.065.
Election fraud.
(a) A person commits the crime of election fraud if the person violates AS 15.56.060 and causes the outcome of an election to change.
(b) Election fraud is a class B felony.
* Sec.
53.
AS 15.56.070(a) is amended to read:
(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] CSSB 39(STA) -26- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N (3) intentionally conceals, withholds, destroys, or attempts to conceal, withhold, or destroy election returns;
or (4) knowingly discloses, shares, or reports, to a person who is not an election official, election results, returns, or any confidential election data before the polls close on election day.
* Sec.
54.
15.80.001.
Authority of the legislature.
Throughout this title, the power of the legislature to prescribe the time, place, and manner of an election under the Constitution of the United States and methods of voting under art.
V, sec.
3, Constitution of the State of Alaska, is paramount.
The judicial branch may not usurp this power without the legislature's express consent.
The division shall consider any judicial decision contrary to this section advisory, and the division may not comply with such a decision unless the legislature provides express consent.
* Sec.
55.
AS 15.80 is amended by adding a new section to read:
Sec.
15.80.006.
Electronic signature prohibited.
An election official may not accept an electronic signature in lieu of a voter's signature unless a notarized signature verification accompanies the electronic signature.
* Sec.
56.
AS 15.80 is amended by adding a new section to read:
Sec.
The lieutenant governor shall immediately notify the legislature and the public of a security breach of a voter registration record or a voting machine.
The lieutenant governor shall immediately notify the legislature of a security breach of a voter registration record or a voting machine.
SB0039A -11- SB 39 New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A * Sec.
22.
AS 29.26.010 is amended by adding a new subsection to read:
(c) A municipality may not mail a general or special election ballot to a voter unless the voter affirmatively requests to vote by mail in that election.
57.
23.
AS 15.80.010(38) is amended to read:
(38) "signature" or "subscription" includes a mark made by a person who cannot write, with the name of that person written near the mark by a witness who writes the witness's own name near the name of the person who cannot write [INTENDED AS A SIGNATURE OR SUBSCRIPTION];
* Sec.
58.
AS 18.65.240(a) is amended to read:
(a) A person may not be appointed as a police officer, except on a probationary basis, unless the person (1) has satisfactorily completed a basic program of police training approved by the council, which includes at least 12 hours of instruction regarding domestic violence, as that term is defined in AS 18.66.990, SB0039B -27- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N [AND] at least 12 hours of instruction regarding sexual assault, as that term is [THOSE TERMS ARE] defined in AS 18.66.990, and at least four hours of instruction in detecting and investigating election fraud;
and (2) possesses other qualifications the council has established for the employment of police officers, including minimum age, education, physical and mental standards, citizenship, moral character, and experience.
The council shall prescribe the means of presenting evidence of fulfillment of these requirements.
* Sec.
59.
(3) the means for an applicant eligible to vote under AS 15.05, or a person authorized to act on behalf of the applicant, to furnish information required by AS 15.07.060(a)(1) - (4) and (7) - (9), identify the house district the applicant has been a resident of for the last 30 days, and attest [AN ATTESTATION] that such information is true.
(3) the means for an applicant eligible to vote under AS 15.05, or a person authorized to act on behalf of the applicant, to request that the applicant be registered as a voter, to furnish information required by AS 15.07.060(a)(1) - (4) and (7) - (9), and to attest [AN ATTESTATION] that the [SUCH] information is true.
60.
24.
The uncodified law of the State of Alaska is amended by adding a new section to read:
AS 43.23.101 is amended to read:
FIRST BIENNIAL AUDIT OF MASTER REGISTER.
Sec.
The division shall, in consultation with an external, nationally recognized subject-matter expert, conduct the first audit of the master register under AS 15.07.130(h), enacted by sec.
43.23.101.
7 of this Act, within 90 days after the effective date of sec.
Voter registration.
7 of this Act.
The commissioner shall establish by rule a schedule by which the commissioner [WILL PROVIDE, AND] shall provide as soon as [IS] practicable the director of elections with (1) electronic records from the permanent fund dividend applications with [OF] the information required under [BY] AS 15.07.060(a)(1) - (4) and (7) - (9) [,] and the attestation that the [SUCH] information is true [,] for each permanent fund dividend applicant who requested to be registered to vote and is (A) [IS] a citizen of the United States;
The diin shall publish the report and submit the report to the senate secretary and the chief clerk of the house of representatives not later than 150 days after the effective date of sec.
and (B) [IS] at least 18 years of age or will be within 90 days of the date of the application;
7 of this Act.
and (2) the mailing addresses for all permanent fund dividend applicants.
61.
25.
AS 15.07.130(e)(3) and AS 15.20.800 are repealed.
* Sec.
26.
APPLICABILITY:
PERMANENT FUND DIVIDEND APPLICATIONS.
The changes made by secs.
1 - 5, 23, and 24 of this Act apply to permanent fund dividend applications filed on or after January 1, 2022.
* Sec.
27.
The uncodified law of the State of Alaska is amended by adding a new section to SB 39 -12- SB0039A New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\A read:
48 of this Act, AS 15.56.040(a)(1), as amended by sec.
18 of this Act, and AS 15.56.060(a)(4), enacted by sec.
50 of this Act, AS 15.56.060(a)(4) and (5), enacted by sec.
20 of this Act, apply to offenses committed on or after the effective date of secs.
51 of this Act, AS 15.56.065, enacted by sec.
18 and 20 of this Act.
52 of this Act, and AS 15.56.070(a)(4), enacted by sec.
53 of this Act, apply to offenses committed on or after the effective date of CSSB 39(STA) -28- SB0039B New Text Underlined [DELETED TEXT BRACKETED] 32-LS0204\N secs.
48 and 50 - 53 of this Act.
62.
28.
63.
29.
Section 62 of this Act takes effect immediately under AS 01.10.070(c).
Section 28 of this Act takes effect immediately under AS 01.10.070(c).
64.
30.
63 of this Act, this Act takes effect January 1, 2022.
29 of this Act, this Act takes effect January 1, 2022.
SB0039B -29- CSSB 39(STA) New Text Underlined [DELETED TEXT BRACKETED]
SB0039A -13- SB 39 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (S) Minutes (SFIN)

  2. (S) Heard & Held

  3. (S) FINANCE at 01:00 PM SENATE FINANCE 532

  4. (S) Minutes (SFIN)

  5. (S) Heard & Held

  6. (S) FINANCE at 09:00 AM SENATE FINANCE 532

  7. (H) Minutes (HSTA)

  8. (H) -- Delayed to 10 Minutes Following Session --

  9. (H) STATE AFFAIRS at 03:00 PM GRUENBERG 120

  10. (S) REFERRED TO FINANCE

  11. (S) FIN REFERRAL ADDED AFTER JUD

  12. (S) FN6: ZERO(REV)

  13. (S) FN5: ZERO(LAW)

  14. (S) FN4: INDETERMINATE(GOV)

  15. (S) AM: KIEHL

  16. (S) DP: HOLLAND, HUGHES, SHOWER

  17. (S) JUD RPT CS 3DP 1AM NEW TITLE

  18. (S) Minutes (SJUD)

  19. (S) Moved CSSB 39(JUD) Out of Committee -- Please Note Time Change --

  20. (S) JUDICIARY at 01:00 PM BUTROVICH 205

  21. (S) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23

  22. (S) Minutes (SJUD)

  23. (S) Heard & Held

  24. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  25. (S) Minutes (SJUD)

  26. (S) Heard & Held

  27. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  28. (S) Minutes (SJUD)

  29. (S) Heard & Held

  30. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  31. (S) Minutes (SJUD)

  32. (S) Heard & Held

  33. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  34. (S) Minutes (SJUD)

  35. (S) Heard & Held

  36. (S) JUDICIARY at 10:00 AM BUTROVICH 205

  37. (S) Minutes (SJUD)

  38. (S) Heard & Held

  39. (S) JUDICIARY at 01:30 PM BUTROVICH 205

  40. (S) FN3: (REV)

  41. (S) FN2: ZERO(LAW)

  42. (S) FN1: INDETERMINATE(GOV)

  43. (S) AM: HOLLAND

  44. (S) NR: COSTELLO, REINBOLD

  45. (S) DNP: KAWASAKI

  46. (S) DP: SHOWER

  47. (S) STA RPT CS 1DP 1DNP 2NR 1AM NEW TITLE

  48. (S) Minutes (SSTA)

  49. (S) Moved CSSB 39(STA) Out of Committee

  50. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  51. (S) Minutes (SSTA)

  52. (S) Heard & Held

  53. (S) STATE AFFAIRS at 06:00 PM BUTROVICH 205

  54. (S) Minutes (SSTA)

  55. (S) Heard & Held

  56. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  57. (S) STA WAIVED PUBLIC HEARING NOTICE,RULE 23

  58. (S) -- Invited & Public Testimony -- -- MEETING CANCELED --

  59. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  60. (S) Minutes (SSTA)

  61. (S) Heard & Held

  62. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  63. (H) Minutes (HJUD)

  64. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  65. (S) Minutes (SSTA)

  66. (S) Scheduled but Not Heard

  67. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  68. (S) -- MEETING CANCELED --

  69. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  70. (S) Minutes (SSTA)

  71. (S) Scheduled but Not Heard

  72. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  73. (S) Minutes (SSTA)

  74. (S) Scheduled but Not Heard

  75. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  76. (S) Minutes (SSTA)

  77. (S) Heard & Held

  78. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  79. (S) Minutes (SSTA)

  80. (S) Heard & Held

  81. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  82. (S) -- Invited & Public Testimony - TBA -- -- MEETING CANCELED --

  83. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  84. (S) Minutes (SSTA)

  85. (S) Heard & Held

  86. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  87. (S) Minutes (SSTA)

  88. (S) Heard & Held

  89. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  90. (S) Minutes (SSTA)

  91. (S) Scheduled but Not Heard

  92. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  93. (S) Minutes (SSTA)

  94. (S) Heard & Held

  95. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  96. (S) Minutes (SSTA)

  97. (S) Heard & Held

  98. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  99. (S) -- MEETING CANCELED --

  100. (S) STATE AFFAIRS at 03:30 PM BUTROVICH 205

  101. (S) STA, JUD

  102. (S) READ THE FIRST TIME - REFERRALS

  103. (S) Prefile released 1/15/21

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (64)

64 members have not signed on to this bill.

Show all 64 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

elections
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Frequently asked questions

Who sponsors SB 39?
SB 39 is sponsored by Mike Shower (R).
What is the current status of SB 39?
This bill died with 32nd Legislature (2021-2022). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 39?
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