akcode

Revisor’s notes. —

The provisions of this title were redrafted in 1988 to remove personal pronouns pursuant to § 4, ch. 58, SLA 1982, and in 1988, 2000, 2010, and 2018 to make other minor word changes.

In 1971 “secretary of state” was changed to “lieutenant governor” throughout the title in conformity with the 1970 Alaska constitutional amendment (SJR 2) changing the designation of that office.

Administrative Code. —

For elections, see 6 AAC, part 1.

Legislative history reports. —

For governor’s transmittal letter for ch. 113, SLA 2003 (House Bill 266), see 2003 House Journal 965 — 969.

For governor’s transmittal letter for ch. 2, FSSLA 2005 (HB 94), the basis of a number of the 2005 amendments to this title, see 2005 House Journal 118 — 125.

Chapter 05. Qualification of Voters.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 14-35.

Sec. 15.05.010. Voter qualification.

A person may vote at any election who

is a citizen of the United States;
is 18 years of age or older;
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
has registered before the election as required under AS 15.07 and is not registered to vote in another jurisdiction.

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

Cross references. —

For moving from house district just before election, see AS 15.20.015 ; for time for registration, see AS 15.07.040 .

Administrative Code. —

For administrative complaint procedure for violations of the Help America Vote Act of 2002, see 6 AAC 25, art. 2.

For absentee and questioned voting, see 6 AAC 25, art. 3.

For administration of local and regional elections, see 6 AAC 27.

Legislative history reports. —

For report on ch. 83, SLA 1960 (CSHB 252), see 1960 House Journal, pp. 139, 140. For report on ch. 88, SLA 1969 (HB 100), see 1969 House Journal, p. 443. For report on ch. 15, SLA 1970 (CSHB 346), see 1970 House Journal, p. 131. Related House Joint Resolution No. 51 is also reported on p. 131.

Opinions of attorney general. —

The qualifications of an absentee voter should be determined as of election day rather than the date the ballot is filled in and mailed. 1960 Alas. Op. Att'y Gen. No. 21.

If no judicial determination of unsound mind exists, and the person clearly wishes to register to vote, the division may not prevent the person from registering. August 28, 1992, Op. Att’y General.

Notes to Decisions

Equal right to vote. —

A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. This “equal right to vote” is not absolute; the states have the power to impose voter qualifications, and to regulate access to the franchise in other ways. But, as a general matter, before that right to vote can be restricted, the purpose of the restriction and the assertedly overriding interests served by it must meet close constitutional scrutiny. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

Denial of right must promote compelling state interest. —

If a challenged statute grants the right to vote to some citizens and denies the franchise to others, the supreme court must determine whether the exclusions are necessary to promote a compelling state interest. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

There is a difference between bona fide residence requirements and durational residence requirements. The states have the power to require that voters be bona fide residents of the relevant political subdivision. An appropriately defined and uniformly applied requirement of bona fide residence may be necessary to preserve the basic conception of a political community, and therefore could withstand close constitutional scrutiny. But durational residence requirements, representing a separate voting qualification imposed on bona fide residents, must be separately tested by the stringent standard. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

Durational residence laws impermissibly condition and penalize the right to travel by imposing their prohibitions on only those persons who have recently exercised that right. Absent a compelling state interest, a state may not burden the right to travel in this way. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

Durational residence laws which classify bona fide residents on the basis of recent travel, penalizing those persons, and only those persons, who have gone from one jurisdiction to another during the qualifying period, directly impinge on the exercise of a fundamental personal right, the right to travel. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

All durational residency requirements are prima facie invalid as in contravention of the equal protection clause because they penalize the right to travel and the right to vote in elections on an equal basis with other citizens in the jurisdiction. The only durational residency requirements that will be countenanced are those which are absolutely necessary for administrative purposes. State v. Van Dort, 502 P.2d 453 (Alaska 1972).

And they must be measured by a strict equal protection test. They are unconstitutional unless the state can demonstrate that such laws are necessary to promote a compelling governmental interest. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972).

But fixing a constitutionally acceptable period is surely a matter of degree. Dunn v. Blumstein, 405 U.S. 330, 92 S. Ct. 995, 31 L. Ed. 2d 274 (U.S. 1972); Marston v. Lewis, 410 U.S. 679, 93 S. Ct. 1211, 35 L. Ed. 2d 627 (U.S. 1973).

50-day voter registration cutoffs upheld. —

The United States supreme court upheld a 50-day voter registration cutoff where the state had offered evidence to establish the need for the 50-day period, given the vagaries and numerous requirements of the state election laws, although the 50-day period approached the outer constitutional limits in this area. Burns v. Fortson, 410 U.S. 686, 93 S. Ct. 1209, 35 L. Ed. 2d 633 (U.S. 1973).

The United States supreme court upheld a 50-day durational voter residency requirement and a 50-day voter registration requirement where the state had demonstrated that 50 days rather than 30 days were necessary to promote the state’s important interest in accurate voter lists. Marston v. Lewis, 410 U.S. 679, 93 S. Ct. 1211, 35 L. Ed. 2d 627 (U.S. 1973).

30 days is the maximum permissible residency period in Alaska. State v. Van Dort, 502 P.2d 453 (Alaska 1972).

Communication deficiencies within Alaska do not justify a residency requirement of greater than 30 days. State v. Van Dort, 502 P.2d 453 (Alaska 1972).

An alien who is a permanent resident of Alaska may be precluded from voting in state elections. Park v. State, 528 P.2d 785 (Alaska 1974).

Under express language of Alaska Const., art. V, § 1, aliens are excluded from voting in the State of Alaska. Park v. State, 528 P.2d 785 (Alaska 1974).

Residence. —

A post office box or private mail service address is clearly not a voter’s fixed place of habitation and is therefore insufficient to fix a voter’s residence within a voting district. Thus, any voter providing such an address as his or her residence would be ineligible to vote unless he or she provided additional information regarding that voter’s residence. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Elmendorf Air Force Base is a bounded area wholly within Senate District H. Thus, merely listing “Elmendorf Air Force Base” is sufficient to fix a voter’s residence to a specific locale within District H. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Superior court did not err by failing to apply a borough’s residency standards because it did consider most of the factors listed in borough’s code but simply did not cite the provision; the code provision did not modify or affect the statutory definitions of resident. Lake & Peninsula Borough Assembly v. Oberlatz, 329 P.3d 214 (Alaska 2014).

Requirement for residency in district. —

Votes for state representative cast by voters in an election district from which they had moved were not counted, where, even though they had failed to reregister in their new district, election officials had written notice of a change in their residency. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Quoted in

Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Stated in

Green v. State, 462 P.2d 994 (Alaska 1969).

Collateral references. —

Validity of governmental requirement of oath as applied to voters. 18 ALR2d 329.

State voting rights of residents of federal military establishment. 34 ALR2d 1193.

Right of married woman to use maiden surname. 67 ALR3d 1266.

Sec. 15.05.011. Qualifications of overseas voters.

A person residing outside the United States may register and vote absentee by qualifying under this section.
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.
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.
A person registered under this section may vote in a federal election in this state.
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.

History. (§ 2 ch 100 SLA 1980; am § 2 ch 73 SLA 2013)

Cross references. —

For house district in which a person is to be registered, see AS 15.07.030 .

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added (e).

Notes to Decisions

A voter who actually registered pursuant to this section may not vote in a state race, but a person living outside the United States is not required to register pursuant to this section and may vote by absentee ballot in Alaska if that person is otherwise qualified pursuant to AS 15.05.010 . Where every questioned absentee voter listed a presumptively valid Alaska residence within District H and was otherwise qualified and no evidence was produced rebutting the presumption of residence, these ballots were properly counted in a state senate election. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Cited in

O'Callaghan v. State, 826 P.2d 1132 (Alaska 1992).

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.

History. (§ 1 ch 69 SLA 1967; am § 2 ch 116 SLA 1972; am § 28 ch 21 SLA 2000)

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:

registration and absentee voting procedures, except as otherwise provided in this section, shall be identical to the procedures established in this title;
registration of otherwise qualified persons shall be permitted without regard to a durational residency requirement;
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.

History. (§ 1 ch 69 SLA 1967; am § 3 ch 116 SLA 1972)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Editor's notes. —

This section refers to 42 U.S.C. 1973, et seq. (National Voting Rights Act of 1965), which was renumbered in 2014 as 52 U.S.C. 10101, et seq., by the U.S. House of Representatives, Office of Law Revision Counsel.

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

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:

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.
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.
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.
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.
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.
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 .
The term of residence is computed by including the day on which the person’s residence begins and excluding the day of election.
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.

History. (§ 1.02 ch 83 SLA 1960; am § 2 ch 125 SLA 1962; am §§ 2, 3 ch 136 SLA 1966; am § 1 ch 228 SLA 1968; am §§ 4, 38 ch 116 SLA 1972; am §§ 4, 5 ch 197 SLA 1975; am § 6 ch 11 SLA 1979; am § 3 ch 100 SLA 1980; am § 2 ch 111 SLA 1994; am § 2 ch 59 SLA 2004; am § 3 ch 2 FSSLA 2005)

Revisor’s notes. —

The 2004 amendment renumbered the paragraphs within this section to reflect the repeal of former paragraphs (7) and (9) by sec. 38, ch. 116, SLA 1972. Former paragraph (8) was renumbered as paragraph (7) and former paragraph (10) was renumbered as paragraph (8).

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Notes to Decisions

Analysis

I. General Consideration
II. Residence Address

I.General Consideration

Military personnel as a class cannot be deprived of the right to vote, and they cannot be arbitrarily eliminated in a population base used to design an apportionment scheme. Egan v. Hammond, 502 P.2d 856 (Alaska 1972).

Therefore, civilian-military distinction in Alaska Const., art. VI, § 3 is unconstitutional. —

See Egan v. Hammond, 502 P.2d 856 (Alaska 1972).

But some military may be excluded. —

While the clause of Alaska Const., art. VI, § 3 seeking to exclude military as a class is unconstitutional, that is not to say that some military cannot be excluded as a permissible device for limiting the impact of transients and nonresidents on legislative districting. Egan v. Hammond, 502 P.2d 856 (Alaska 1972).

Exclusive use of census requirement for determining civilian population is void. —

The provision in Alaska Const., art. VI, § 3, requiring exclusive use of the census in determining civilian population for reapportionment would not have been enacted independently of the void reference to “civilian population,” and therefore also falls. Egan v. Hammond, 502 P.2d 856 (Alaska 1972) (decided under prior law).

Requirement for residency in district. —

When election officials have written notice of a change in residency, this notice suffices to rebut the presumption of voter residency at the district where that voter previously registered. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Presumptive validity of voter registration record. —

The address on the official voter registration record must be presumed valid unless the voter provides written notice of a change of address, and the Alaska Supreme Court has liberally construed a voter's residence; the decision to count a voter's ballot based on the presumptive validity of her registration was proper, as she had been registered to vote in that district since 2010. Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Voter had been registered to vote in House District 1 since 2004, yet the candidate filed an affidavit from the voter stating that he did not reside in House District 1 before the election; the special master ruled that this affidavit was inadmissible hearsay, and as the rules of evidence applied, the court agreed with the director's recount decision based on the presumptive validity of the voter's registration. Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

II.Residence Address

Paragraph (10) [now renumbered as paragraph (8)] does not apply to municipal elections. Miller v. North Pole City Council, 532 P.2d 1013 (Alaska 1975).

Post office box or private mail service address is clearly not a voter’s fixed place of habitation and is therefore insufficient to fix a voter’s residence within a voting district. Thus, any voter providing such an address as his or her residence would be ineligible to vote unless he or she provided additional information regarding that voter’s residence. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Elmendorf Air Force Base is a bounded area wholly within Senate District H. Thus, merely listing “Elmendorf Air Force Base” is sufficient to fix a voter’s residence to a specific locale within District H. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Voter ineligibility because of failure to update official voter residence. —

A voter who was originally registered outside the district who later moved within the district and never updated his official voter residence address may not vote within the district. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

A voter who moved to a residence outside his existing voting district in 1982 was not entitled to vote in his previous district in 1986. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Disqualification of absentee ballots on basis of oath. —

Absentee ballots must be returned in a special envelope which contains an oath that the voter is a qualified voter in all respects, which includes a space for the absentee voter to fill in his or her “permanent Alaskan residence.” Since the absentee voter oath is a “form prepared by the director” where challenged absentee voters each had indicated on such an envelope oath a residence outside the district, these ballots should not have been counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

The federal government’s absentee ballot application form is not considered an affidavit of change of residence under paragraph (10) [now renumbered as paragraph (8)] of this section. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

There was no error in counting the votes of absentee voters who reported a nonmilitary permanent residence in a different district. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Where candidate contested a ballot of voter alleged to have registered using a nonexistent address, but no evidence was produced indicating that voter did not reside at her listed address at the time of registering, and the voter did not provide the affidavit required to rebut the presumption of residency provided by paragraph (10) [now renumbered as paragraph (8)], her ballot was properly counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Collateral references. —

State voting rights of residents of military establishments. 34 ALR2d 1193.

Residence of students for voting purposes. 44 ALR3d 797.

Propriety of using census data as basis for governmental regulations or activities. 56 ALR5th 171.

Sec. 15.05.030. Loss and restoration of voting rights.

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.
The commissioner of corrections shall establish procedures by which a person unconditionally discharged is advised of the voter registration requirements and procedures.

History. (§ 1.03 ch 83 SLA 1960; am § 4 ch 100 SLA 1980; am § 1 ch 85 SLA 1986; am § 3 ch 111 SLA 1994)

Revisor’s notes. —

Under § 48, E.O. 55, “commissioner of corrections” was substituted for “commissioner of health and social services” in 1984 in subsection (b) of this section.

Cross references. —

For definition of “felony involving moral turpitude,” see AS 15.80.010 ; for definition of “unconditional discharge,” see AS 15.80.010 .

Opinions of attorney general. —

For a list of crimes which constitute felonies involving moral turpitude, see Nov. 7, 1980 Op. Att’y Gen.

A person under a sentence of imprisonment, whose conviction of a felony involving moral turpitude is the subject of an appeal, may not be a candidate for a seat on the school board of a rural educational attendance area, August 17, 1982 Op. Att’y Gen.

One whose conviction is on appeal may neither vote nor run for public office, June 27, 1983 Op. Att’y Gen.

A member of an REAA school board loses his or her seat upon conviction pending appeal. Upon conviction, the board member loses voter status and is thereby disqualified from holding the seat. The members of the board should entertain a motion to declare the seat vacant. If the motion passes, the remaining members may then fill the vacancy in accordance with former AS 14.08.041(e) and AS 14.12.070 , June 27, 1983 Op. Att’y Gen.

The law currently prohibits the following classes of felons from voting or seeking elective office: (1) Persons convicted of crimes involving moral turpitude who are currently imprisoned; (2) Persons convicted of crimes involving moral turpitude who are on probation or parole; and (3) Persons convicted of crimes involving moral turpitude who received suspended sentences or suspended impositions of sentences that have not expired, January 29, 1985 Op. Att’y Gen.

Collateral references. —

What constitutes “conviction” within constitutional or statutory provision disfranchising one convicted of crime. 36 ALR2d 1238.

Effect of conviction under federal law, or law of another state or country, on right to vote or hold public office. 39 ALR3d 303.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office. 10 ALR5th 139.

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

Chapter 07. Registration of Voters.

Editor’s notes. —

The provisions of this chapter refer to 42 U.S.C. 1973 et seq., (National Voter Registration Act of 1993), which was renumbered in 2014 as 52 U.S.C. 10101, et seq., by the U.S. House of Representatives, Office of Law Revision Counsel.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 36-52.

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.

History. (§ 2 ch 211 SLA 1968; am § 5 ch 116 SLA 1972; am § 5 ch 100 SLA 1980; am § 3 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Cited in

Green v. State, 462 P.2d 994 (Alaska 1969); Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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

Sec. 15.07.030. Who may register.

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.
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.

History. (§ 2 ch 211 SLA 1968; am § 19 ch 32 SLA 1971; am § 6 ch 100 SLA 1980; am § 29 ch 21 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

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.

History. (§ 2 ch 211 SLA 1968; am § 20 ch 32 SLA 1971; am § 6 ch 116 SLA 1972; am § 7 ch 100 SLA 1980; am § 30 ch 21 SLA 2000)

Sec. 15.07.050. Manner of registration; party affiliation.

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 .
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.
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.

History. (§ 2 ch 211 SLA 1968; am § 4 ch 111 SLA 1994; am § 1 ch 86 SLA 1996; am §§ 4, 5 ch 2 FSSLA 2005; am § 2, 2016 General Election Ballot Measure No. 1)

Cross references. —

For findings and intent for the 2016 [effective in 2017] changes to subsection (a), see sec. 1 of 2016 General Election Ballot Measure No. 1.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Quoted in

State v. Galvin, 491 P.3d 325 (Alaska 2021).

Sec. 15.07.055. Voter registration agencies.

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.
The director shall designate state-funded agencies that primarily provide services to persons with disabilities as voter registration agencies.
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.
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.
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.

History. (§ 5 ch 111 SLA 1994; am § 8 ch 107 SLA 1996; am E.O. No. 99 § 14 (1997); am § 1 ch 113 SLA 2003; am § 1 ch 13 SLA 2016)

Revisor's notes. —

In 1999, in paragraph (a)(3) of this section, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in accordance with § 91(a)(3), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (a)(3) of this section, in accordance with § 3, ch. 47, SLA 2004.

Effect of amendments. —

The 2016 amendment, effective May 28, 2016, in (e), deleted “who initially registers by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 ” preceding “with existing identification”.

Editor's notes. —

Sec. 15.07.060. Required registration information.

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.
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.
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.
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.
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.
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.

History. (§ 2 ch 211 SLA 1968; am § 21 ch 32 SLA 1971; am §§ 6, 7 ch 197 SLA 1975; am § 8 ch 100 SLA 1980; am § 1 ch 67 SLA 1989; am § 2 ch 86 SLA 1996; am §§ 2 — 5 ch 113 SLA 2003; am § 6 ch 2 FSSLA 2005; am § 3, 2016 General Election Ballot Measure No. 1)

Revisor's notes. —

2016 General Election Ballot Measure No. 1 changed some language in subsection (e) without indicating that it was amending existing statutory language, despite the fact that it also made changes to (e) that did indicate amendments to existing statutory language. Specifically, in the first sentence, the "," following "mail" and the "or" before "by completing", were added by the initiative without an indication that this changed existing statutory language. The legal effect of this is uncertain. The revisor has given effect to the changes that were not indicated and the changes that were indicated in the text of subsection (e) above.

Cross references. —

For findings and intent for the 2016 [effective in 2017] changes to subsection (e), see sec. 1 of 2016 General Election Ballot Measure No. 1.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2016 amendment, effective March 1, 2017, in (e), added "by completing a permanent fund dividend application" and made related changes.

Notes to Decisions

Omission of a voter’s complete address is not a “minor” omission. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Where a voter filled out a voter registration application on October 5, 1978, but failed to supply her complete street address as required by this section, and on election day, filled out a second voter registration form, this time including her complete address, her ballot should not be counted. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Applied in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978).

Collateral references. —

Right of married woman to use maiden surname. 67 ALR3d 1266.

Sec. 15.07.064. Information required for voter registration.

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.
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.
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.
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.
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.
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.
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.
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
  1. is on a road system and is located more than 50 miles outside the boundary limits of a unified municipality, or
  2. is not on a road system and is located more than 15 miles outside the boundary limits of a unified municipality.

History. (§ 1 ch 115 SLA 1990; am § 6 ch 111 SLA 1994; am § 60 ch 101 SLA 1995; am §§ 4, 5 ch 82 SLA 2000)

Revisor’s notes. —

In 2000, in subsection (h), the paragraphs were renumbered to conform to the style of the Alaska Statutes.

Subsection (g) was enacted as (h). Relettered in 2000, at which time former (g) was relettered as (h). In 2010, in subsection (g), “(a) — (f)” was substituted for “(a) — (g)” to reflect the 2000 relettering of subsection (g).

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

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

Sec. 15.07.070. Procedure for registration.

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).
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.
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.
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.
[Repealed, § 38 ch 116 SLA 1972.]
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) .
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.
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.
The division shall register voters who submit an application to receive a permanent fund dividend in accordance with (j) — (m) of this section.
The division shall cooperate with the Department of Revenue under AS 43.23.101 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).
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
  1. decline to be registered as a voter;
  2. maintain an existing voter registration or be newly registered at a valid place of residence not provided in the applicant's application; and
  3. 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.
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.
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.

History. (§ 2 ch 211 SLA 1968; am § 8 ch 71 SLA 1972; am §§ 7, 38 ch 116 SLA 1972; am § 9 ch 100 SLA 1980; am § 62 ch 6 SLA 1984; am § 2 ch 47 SLA 1989; am §§ 2, 3 ch 67 SLA 1989; am § 7 ch 111 SLA 1994; am § 1 ch 58 SLA 1995; am §§ 3 — 6 ch 86 SLA 1996; am §§ 6 — 8 ch 113 SLA 2003; am § 7 ch 2 FSSLA 2005; am §§ 4, 5, 2016 General Election Ballot Measure No. 1)

Revisor's notes. —

Subsections (i) — (m) were added by 2016 General Election Ballot Measure No. 1 as a single subsection with multiple paragraphs. To conform the initiative to the style of the Alaska Statutes the paragraphs were relettered as subsections and minor editorial changes were made, including substituting “United States” for “U.S.”.

In 2018, “AS 43.23.101 ” was substituted for “43.23.016” in subsection (j) to reflect the renumbering of that section.

Cross references. —

For findings and intent for the 2016 [effective in 2017] changes to subsection (f) and the addition of subsections (i) — (m), see sec. 1 of 2016 General Election Ballot Measure No. 1.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2016 amendment, effective March 1, 2017, added the last sentence of (f), added (i) — (m).

Editor's notes. —

Notes to Decisions

Subsection (b) contravened. —

Where an absentee ballot application was not witnessed or attested, the registration contravened subsection (b) and was therefore invalid. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Witnessing not required to update current registration. —

Where voter clearly stated on the absentee ballot application that she wished merely to update her current registration, no witnessing was required. Without proof that voter was not officially registered at the time she filed her absentee ballot application, her vote was correctly counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

No affirmative duty to inquire as to change of name. —

There appears to be no affirmative duty on the part of the lieutenant governor [now director] or other election officials to inquire as to whether a change of name has occurred. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

The failure of the lieutenant governor [now director] to notify recently married women of the necessity of advising him of their change of names under AS 15.07.090(a) did not constitute malconduct. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Permanent fund dividend voter registration initiative. —

Language within the permanent fund dividend automatic voter registration ballot initiative clearly expresses an intent to make it easier for a voter to update a registration, and the statute this initiative amended also recognizes that permanent fund dividend application information should be used to update a registration. Thus the initiative's requirements apply to both unregistered and currently registered individuals. Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

In light of precedent and the presumption that agency officials have faithfully performed their duties, a voter's registration was properly updated based on his permanent fund dividend applications that had his work address that was outside the district in question, and the decision not to count his questioned ballot was affirmed. Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Collateral references. —

Validity of governmental requirement of oath as applied to voters. 18 ALR2d 329.

Sec. 15.07.075. Voters unaffiliated with a political party.

The director shall consider a voter to be a voter registered as

“nonpartisan” and without a preference for a political party if the voter registers as nonpartisan on a voter registration form;
“undeclared” if the voter
1. registers as undeclared on a voter registration form;
2. fails to declare an affiliation with a political group or political party on a voter registration form; or
3. declares an affiliation with an entity other than a political party or political group on a voter registration form; or
“other” if the voter declares on a voter registration form an affiliation with a political group.

History. (§ 8 ch 2 FSSLA 2005)

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

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.

History. (§ 1 ch 197 SLA 1975; am § 10 ch 100 SLA 1980; am § 6 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Sec. 15.07.090. Voting after change of name; reregistration; amendment or transfer of registration.

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.
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.
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.
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.

History. (§ 2 ch 211 SLA 1968; am §§ 8, 9 ch 116 SLA 1972; am §§ 1, 2 ch 38 SLA 1974; am §§ 9 — 11 ch 197 SLA 1975; am §§ 11, 12 ch 100 SLA 1980; am § 32 ch 59 SLA 1982; am § 4 ch 67 SLA 1989; am § 8 ch 111 SLA 1994; am §§ 31, 32 ch 21 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

A voter votes “under the previous name” whenever the voter is positively identified as the registered individual and lists on the ballot his or her previous name even though he or she signs his or her current name. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

No affirmative duty to inquire as to change of name. —

The failure of the lieutenant governor [now director] to notify recently married women of the necessity of advising him of their change of names under subsection (a) did not constitute malconduct. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

There is no constitutional requirement of precinct residency, and there is clear statutory authorization for persons claiming to be registered voters to vote a questioned ballot if there is no evidence of registration in the precinct in which the voter seeks to vote. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Cross-precinct voting authorized. —

Cross-precinct voting which occurs when a voter registered in one precinct votes a questioned ballot in a different precinct in the same election district is authorized by statute. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Waiver of challenges to validity of cross-district voting. —

Challenges to the validity of cross-district voting, which occurs when a voter registered in one district casts a questioned ballot in a different district, are waived if not raised before the ballots are separated and commingled. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Applied in

Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Sec. 15.07.100. Registration officials.

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.
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.
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.
A registration official shall transmit completed voter registration forms to the election supervisor within five days following completion by the voter.

History. (§ 2 ch 211 SLA 1968; am § 13 ch 100 SLA 1980; am § 7 ch 82 SLA 2000)

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

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.

History. (§ 2 ch 211 SLA 1968; am § 15 ch 100 SLA 1980; am § 33 ch 21 SLA 2000)

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.

History. (§ 16 ch 100 SLA 1980; am § 9 ch 111 SLA 1994)

Legislative history reports. —

For governor’s transmittal letter on SB 303, which became ch. 111, SLA 1994, and amended this section, see 1994 Senate Journal 2793 — 2796.

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.

History. (§ 7 ch 86 SLA 1996; am § 9 ch 2 FSSLA 2005)

Notes to Decisions

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Sec. 15.07.130. Voter registration list maintenance.

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.
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.
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.
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.
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.
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.

History. (§ 2 ch 211 SLA 1968; am § 22 ch 32 SLA 1971; am § 4 ch 38 SLA 1974; am §§ 17, 18 ch 100 SLA 1980; am §§ 10, 11 ch 111 SLA 1994; am §§ 8 — 11 ch 86 SLA 1996; am §§ 1 — 4 ch 63 SLA 1998)

Notes to Decisions

Applied in

Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Cited in

Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Sec. 15.07.135. Cancellation of registration of convicted persons.

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.
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.

History. (§ 19 ch 100 SLA 1980; am § 2 ch 85 SLA 1986; am § 12 ch 86 SLA 1996)

Revisor’s notes. —

Enacted as AS 15.07.130(d) . Renumbered in 1980.

Cross references. —

For voter disqualification for felony conviction, see AS 15.05.030 ; for definition of “felony involving moral turpitude,” see AS 15.80.010 ; for definition of “unconditional discharge,” see AS 15.80.010 .

Collateral references. —

What constitutes “conviction” within constitutional or statutory provision disfranchising one convicted of crime. 36 ALR2d 1238.

Effect of conviction under federal law, or law of another state or country, on right to vote or hold public office. 39 ALR3d 303.

What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office. 10 ALR5th 139.

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.

History. (§ 19 ch 100 SLA 1980; am § 12 ch 12 SLA 2006)

Revisor’s notes. —

Enacted as AS 15.07.130(e) . Renumbered in 1980.

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.

History. (§ 2 ch 211 SLA 1968; am § 10 ch 116 SLA 1972; am § 20 ch 100 SLA 1980; am § 8 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Exception to time requirement for 1978 election. —

In an order issued on October 20, 1978, in appeal from summary judgment in an election contest, the supreme court held that the lieutenant governor [now director] was authorized to post the names of all registered voters, and to conduct the staff training programs, required by this section, as late as 10 days before the 1978 general election, to be held November 7, 1978. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

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.

History. (§ 2 ch 211 SLA 1968)

Sec. 15.07.160. Unlawful action.

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).
A person knowingly lacking the qualifications of a voter may not register under AS 15.07.030 to vote.
[Repealed, § 231 ch 100 SLA 1980.]

History. (§ 2 ch 211 SLA 1968; am § 23 ch 32 SLA 1971; am § 231 ch 100 SLA 1980; am §§ 3, 4 ch 85 SLA 1986; am § 34 ch 21 SLA 2000)

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

Sec. 15.07.180. Fees prohibited.

A registration official may not accept a fee from an applicant applying for registration.

History. (§ 2 ch 211 SLA 1968)

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.

History. (§ 2 ch 211 SLA 1968; am § 2 ch 31 SLA 1969; am § 13 ch 86 SLA 1996)

Sec. 15.07.195. Certain information in voter registration records confidential.

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.
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.
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
  1. the information security standards of the International Organization for Standardization; or
  2. a published information security standard used by the state and approved by the Department of Administration.
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.

History. (§ 1 ch 181 SLA 2004; am § 2 ch 13 SLA 2016)

Revisor’s notes. —

In 2004, in (c)(1) of this section, “child support services agency created in AS 25.27.010 ” was substituted for “child support enforcement agency created in AS 25.27.010 ” in order to reconcile chs. 107 and 181, SLA 2004.

Effect of amendments. —

The 2016 amendment, effective May 28, 2016, in (c), added (c)(5), and made a related change.

Sec. 15.07.200. Registration supervision.

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

History. (§ 2 ch 211 SLA 1968; am § 11 ch 116 SLA 1972; am § 21 ch 100 SLA 1980; am § 33 ch 59 SLA 1982)

Notes to Decisions

Cited in

Green v. State, 462 P.2d 994 (Alaska 1969).

Chapter 10. Election Precincts, Election Officials, and Redistricting.

Editor’s notes. —

Administrative Code. —

For election precincts, see 6 AAC, part 10.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 53-65.

Admissibility of parol evidence of election officials to impeach election returns. 46 ALR2d 1385.

Article 1. Election Precincts and Officials.

Administrative Code. —

For election precincts, see 6 AAC, part 10.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 53-65.

Admissibility of parol evidence of election officials to impeach election returns. 46 ALR2d 1385.

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.

History. (§ 2.01 ch 83 SLA 1960)

Sec. 15.10.020. Precinct boundaries and polling places modified by director.

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).
[Repealed, § 61 ch 2 FSSLA 2005.]

History. (§ 2.02 ch 83 SLA 1960; am § 22 ch 100 SLA 1980; am § 5 ch 67 SLA 1989; am § 61 ch 2 FSSLA 2005)

Administrative Code. —

For statewide election districts and election district precincts, see 6 AAC 100.

For House District 1 — Ketchikan, see 6 AAC 101.

For House District 2 — Sitka-Wrangell-Petersburg, see 6 AAC 102.

For House District 3 — Juneau/Downtown/Douglas, see 6 AAC 103.

For House District 4 — Juneau/Mendenhall Valley, see 6 AAC 104.

For House District 5 — Southeast Islands, see 6 AAC 105.

For House District 6 — Interior Villages, see 6 AAC 106.

For House District 7 — Farmer’s Loop/Steese Highway, see 6 AAC 107.

For House District 8 — University/West Fairbanks, see 6 AAC 108.

For House District 9 — City of Fairbanks, see 6 AAC 109.

For House District 12 — Richardson/Glenn Highways, see 6 AAC 112.

For House District 13 — Greater Palmer, see 6 AAC 113.

For House District 14 — Greater Wasilla, see 6 AAC 114.

For House District 15 — Rural Mat-Su, see 6 AAC 115.

For House District 16 — Chugiak/South Mat-Su, see 6 AAC 116.

For House District 17 — Eagle River, see 6 AAC 117.

For House District 18 — Military, see 6 AAC 118.

For House District 19 — Muldoon, see 6 AAC 119.

For House District 20 — Mountain View/Wonder Park, see 6 AAC 120.

For House District 21 — Baxter Bog, see 6 AAC 121.

For House District 22 — University/Airport Heights, see 6 AAC 122.

For House District 23 — Downtown/Rogers Park, see 6 AAC 123.

For House District 24 — Midtown/Taku, see 6 AAC 124.

For House District 25 — East Spenard, see 6 AAC 125.

For House District 26 — Turnagain/Inlet View, see 6 AAC 126.

For House District 27 — Sand Lake, see 6 AAC 127.

For House District 28 — Bayshore/Klatt, see 6 AAC 128.

For House District 29 — Campbell/Independence Park, see 6 AAC 129.

For House District 32 — Chugach State Park, see 6 AAC 132.

For House District 33 — Kenai/Soldotna, see 6 AAC 133.

For House District 34 — Rural Kenai, see 6 AAC 134.

For House District 35 — Homer/Seward, see 6 AAC 135.

For House District 36 — Kodiak, see 6 AAC 136.

For House District 37 — Bristol Bay/Aleutians, see 6 AAC 137.

For House District 38 — Bethel, see 6 AAC 138.

For House District 39 — Bering Straits, see 6 AAC 139.

For House District 40 — Arctic, see 6 AAC 140.

Notes to Decisions

Reference to Administrative Procedure Act intentional. —

The reference to the Administrative Procedure Act (AS 44.62) was intentional and reflected the legislature’s desire to make the A.P.A. requirements mandatory. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The legislature intended that certain regulations pertaining to statewide elections and promulgated by the lieutenant governor should be subjected to the safeguard requirements of the Administrative Procedure Act (AS 44.62). Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

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.

History. (§ 2.03 ch 83 SLA 1960; am § 4 ch 136 SLA 1966; am § 23 ch 100 SLA 1980)

Notes to Decisions

Administrative Procedure Act applicable to regulations. —

The legislature demonstrated in this section its intention that executive regulations pertaining to state elections be subjected to the safeguards of the Administrative Procedure Act (AS 44.62). Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

References to Administrative Procedure Act in section and AS 15.15.010 are similar. —

The wording of the reference to the Administrative Procedure Act (AS 44.62) in this section is quite similar to that used in AS 15.15.010 . Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The only difference between the operational portions of this section and AS 15.15.010 is that in the former, the verb “may” follows the clause referring to the Administrative Procedure Act (AS 44.62) while in the latter, it precedes the clause referring to the Administrative Procedure Act. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

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.

History. (§ 2.04 ch 83 SLA 1960; am § 12 ch 197 SLA 1975; am § 35 ch 21 SLA 2000)

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.

History. (§ 2.05 ch 83 SLA 1960; am § 24 ch 100 SLA 1980)

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

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.

History. (§ 2.07 ch 83 SLA 1960)

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.

History. (§ 2.08 ch 83 SLA 1960; am § 3 ch 125 SLA 1962; am § 25 ch 100 SLA 1980)

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

whenever possible, sending written notice of the change to each affected registered voter in the precinct;
providing notice of the change
1. by publication once in a local newspaper of general circulation in the precinct; or
2. 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;
posting notice of the change on the Internet website of the division of elections;
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
inclusion in the official election pamphlet.

History. (§ 2.09 ch 83 SLA 1960; am § 26 ch 100 SLA 1980; am § 36 ch 21 SLA 2000; am § 10 ch 2 FSSLA 2005)

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.

History. (§ 2.10 ch 83 SLA 1960; am § 21 ch 69 SLA 1970; am § 27 ch 100 SLA 1980)

Sec. 15.10.105. Division of elections; personnel rules.

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.
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
  1. 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
  2. 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.

History. (§ 13 ch 197 SLA 1975; am § 28 ch 100 SLA 1980; am § 12 ch 111 SLA 1994; am §§ 2, 3 ch 58 SLA 1995; am § 13 ch 12 SLA 2006)

Revisor’s notes. —

In 1995, in subsection (a), “42 U.S.C. 1973gg” was substituted for “42 U.S.C. 1933gg” to correct a manifest error in § 12, ch. 111, SLA 1994.

Editor’s notes. —

Notes to Decisions

Quoted in

Nageak v. Mallott, 426 P.3d 930 (Alaska 2018); Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

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.

History. (§ 13 ch 197 SLA 1975; am § 29 ch 100 SLA 1980; am § 4 ch 58 SLA 1995; am § 9 ch 82 SLA 2000; am § 9 ch 113 SLA 2003)

Sec. 15.10.108. Youth vote ambassador program.

The youth vote ambassador program is established in the division of elections.
In order to serve as a member of the youth vote ambassador program, an individual must
1. be a student age 16 or older
  1. enrolled in a public or private high school program in this state; or
  2. 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.
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.
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.
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.
In this section, “program” means the youth vote ambassador program.

History. (§ 1 ch 161 SLA 2004)

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.

History. (§ 2.11 ch 83 SLA 1960; am § 4 ch 125 SLA 1962; am § 5 ch 26 SLA 1966; am § 5 ch 136 SLA 1966; am § 22 ch 69 SLA 1970; am § 12 ch 116 SLA 1972; am § 5 ch 38 SLA 1974; am § 30 ch 100 SLA 1980; am § 14 ch 86 SLA 1996; am § 37 ch 21 SLA 2000)

Sec. 15.10.120. Appointment of election board.

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.
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.
An election supervisor shall appoint one nominee of the political party or political group with the largest number of registered voters at the time of the preceding gubernatorial election and one nominee of the political party or political group with the second largest number of registered voters at the time of the preceding gubernatorial election. However, the election supervisor may appoint a qualified person registered as a member of a third political party or political group or as a nonpartisan or undeclared voter if a party district committee or state party central committee of the party or group with the largest number of registered voters or the party or group with the second largest number of registered voters at the time of 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 primary election.
An election supervisor shall appoint a chairperson for each election board within the election supervisor’s district.
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.
For a municipal election in which voters cast ballots at polling places in their precincts, election boards shall be appointed by the appropriate municipality.

History. (§ 2.12 ch 83 SLA 1960; am § 6 ch 136 SLA 1966; am § 2 ch 228 SLA 1968; am § 31 ch 100 SLA 1980; am § 10 ch 82 SLA 2000; am §§ 2, 3 ch 161 SLA 2004; am § 8 ch 9 SLA 2013; am § 1 ch 44 SLA 2014; § 2, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to subsection (c), see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective May 10, 2013, in (a), substituted “vote in the house district in which the precinct is located” for “vote in the election district in which the precinct is located” at the end of the second sentence.

The 2014 amendment, effective September 17, 2014, in (f), substituted “For a municipal election in which voters cast ballots at polling places in their precincts, election boards” for “Election boards for municipal elections”.

The 2020 amendment, effective February 28, 2021, rewrote (c).

Editor's notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended subsection (c), provides that “[t]he provisions of this Act are independent and severable. If any provision of this Act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.”

Sec. 15.10.125. Appointment of additional election boards.

In each precinct having 200 or more voters additional election boards may be appointed.

History. (§ 3 ch 228 SLA 1968; am § 13 ch 116 SLA 1972)

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

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.

History. (§ 2.14 ch 83 SLA 1960; am § 3 ch 80 SLA 1963; am § 5 ch 228 SLA 1968; am § 14 ch 116 SLA 1972; am § 32 ch 100 SLA 1980)

Revisor’s notes. —

In 2000, “chairperson” was substituted for “chairman” in accordance with sec. 95(3), ch. 82, SLA 2000.

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

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

Sec. 15.10.170. Appointment and privileges of watchers.

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 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 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.
In addition to the watchers appointed under (a) of this section, in a primary election or special primary election or special election under AS 15.40.140 , each candidate may appoint one watcher in each precinct and counting center.

History. (§ 2.17 ch 83 SLA 1960; am § 4 ch 80 SLA 1963; am § 10 ch 136 SLA 1966; am § 23 ch 69 SLA 1970; am § 15 ch 197 SLA 1975; am § 34 ch 100 SLA 1980; am § 11 ch 82 SLA 2000; am §§ 3, 4 ch 73 SLA 2013; § 3, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added the fifth sentence in (a), “A watcher must be a United States citizen.”; added (b).

The 2020 amendment, effective February 28, 2021, in (a), in the second sentence, deleted “not representing a political party” following “Each candidate”; in the fourth sentence, deleted “not representing a political party or organization or organized group” following “or a candidate”; in the last sentence, at the end, deleted “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”; in (b), substituted “or special primary election or special election under AS 15.40.140 ,” for “, special election under AS 15.40.140 , or special runoff election under AS 15,40.141,” following “in a primary election”.

Editor's notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended this section, provides that “[t]he provisions of this Act are independent and severable. If any provision of this Act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.”

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.

History. (§ 2.18 ch 83 SLA 1960; am § 35 ch 100 SLA 1980; am § 34 ch 59 SLA 1982; am § 12 ch 82 SLA 2000; am § 5 ch 73 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added the third sentence, “Appointees must be United States citizens.”

Notes to Decisions

Applied in

Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Article 2. Census and Population.

Sec. 15.10.200. Definition of “decennial census of the United States” and use of census numbers by redistricting board.

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.
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.
A qualified voter may bring an action in the superior court against the redistricting board to enforce the provisions of (b) of this section.

History. (§ 3 ch 18 SLA 1999)

Collateral references. —

Propriety of using census data as basis for governmental regulations or activities. 56 ALR5th 171.

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.

History. (§ 3 ch 18 SLA 1999)

Sec. 15.10.220. Voting Rights Act review and legal representation.

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.
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).

History. (§ 3 ch 18 SLA 1999)

Editor's notes. —

Article 3. Redistricting.

Sec. 15.10.300. Preparation for legislative redistricting.

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.
Four members of the committee constitute a quorum to transact business. Meetings of the committee are subject to AS 44.62.310 .
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.
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.
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.
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.
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.
In this section, “committee” means the Redistricting Planning Committee.

History. (§ 3 ch 18 SLA 1999)

Revisor’s notes. —

In 1999, “and Workforce Development” was inserted after “Labor” in order to reconcile chs. 18 and 58, SLA 1999.

Collateral references. —

Propriety of using census data as basis for governmental regulations or activities. 56 ALR5th 171.

Chapter 13. State Election Campaigns.

Cross references. —

For legislative findings and purpose concerning the 1996 amendments made by ch. 48, SLA 1996 that relate to this chapter, see § 1, ch. 48, SLA 1996 in the Temporary and Special Acts. For construction of the 1996 amendments, see § 29, ch. 48, SLA 1996 in the Temporary and Special Acts. For severability of the provisions of ch. 48, SLA 1996, see § 31, ch. 48, SLA 1996 in the Temporary and Special Acts. For contingent applicability of provisions of this chapter to persons other than individuals, see § 30, ch. 48, SLA 1996. For criminal penalties for violations of this chapter, see AS 15.56.012 — 15.56.199 .

For findings and intent for the 2020 [effective in 2021] changes to certain sections in this chapter, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Administrative Code. —

For Alaska Public Offices Commission: conflict of interest, campaign disclosure, legislative financial disclosure, and regulation of lobbying, see 2 AAC 50.

Editor’s notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended certain sections in this chapter, provides that “[t]he provisions of this Act are independent and severable. If any provision of this Act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this Act shall not be affected and shall be given effect to the fullest extent possible.”

Legislative history reports. —

For governor’s transmittal letter for chapter 108, SLA 2003 (Senate Bill 119), which added or amended various provisions in this chapter, see 2003 Senate Journal 407 — 408. For governor’s transmittal letter for ch. 47, SLA 2007 (HB 109), which amended various provisions of this chapter, see 2007 House Journal 109 — 110.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 2-4, 6, 118(7), 216(1)-216(5).

Sec. 15.13.010. Applicability.

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.
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.
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.
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.

History. (§ 1 ch 76 SLA 1974; am §§ 1, 2 ch 189 SLA 1975; am § 32 ch 74 SLA 1985; am §§ 3, 4 ch 48 SLA 1996; am § 2 ch 1 SLA 2002; am § 28 ch 40 SLA 2008; am § 1 ch 36 SLA 2010)

Revisor’s notes. —

In 1999, in paragraph (a)(2) of this section, “Department of Community and Economic Development” was substituted for “Department of Community and Regional Affairs” in accordance with § 91(a)(3), ch. 58, SLA 1999. In 2004, “Department of Community and Economic Development” was changed to “Department of Commerce, Community, and Economic Development” in (a) of this section in accordance with § 3, ch. 47, SLA 2004.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Constitutionality. —

In the case of First Nat’l Bank v. Bellotti, 435 U.S. 765, 98 S. Ct. 1407, 55 L. Ed. 2d 707, rehearing denied, 438 U.S. 907, 98 S. Ct. 3126, 57 L. Ed. 2d 1150 (1978), the supreme court of the United States has indicated in unmistakable terms that state disclosure laws pertaining to ballot issues are constitutional. Messerli v. State, 626 P.2d 81 (Alaska 1980) (Decided under former law).

When there is no showing that an individual must remain anonymous with respect to advertising as to ballot propositions because of the possibility of being subject to reprisals, economic or otherwise, the state campaign disclosure laws are not unconstitutional as applied to a contributor hoping to influence the outcome of a ballot issue, because the objective of an informed electorate is sufficiently compelling to overcome an interest in anonymous political expression. Messerli v. State, 626 P.2d 81 (Alaska 1980) (Decided under former law).

Initiative substantially similar to ch. 76, SLA 1974, correctly withheld from ballot. —

Substantial similarity existed between ch. 76, SLA 1974, which enacted this chapter, relating to election campaigns, and an initiative relating to campaign contributions and expenditures, which was filed with the lieutenant governor prior to the regular 1974 session of the legislature. The act effectively displaced the initiative, and the lieutenant governor was correct in withholding the initiative from the ballot. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

For comparison of ch. 76, SLA 1974, and the initiative, see Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Cited in

Libertarian Party of Alaska, Inc. v. State, 101 P.3d 616 (Alaska 2004).

Collateral references. —

Propriety of using census data as basis for governmental regulations or activities. 56 ALR5th 171.

Construction and application of Supreme Court’s holding in Citizens United v. Federal Election Com’n, 130 Sct. 876, 175 L.ED. 2d 753 (2010) that government may not prohibit independent and indirect corporate expenditures on political speech, 65 ALR6th 503.

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

Sec. 15.13.020. Alaska Public Offices Commission.

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.
The governor shall appoint two members of each of the two political parties or political groups with the largest number of registered voters at the time of the most recent preceding general election at which a governor was elected. The two appointees from each of these two parties or groups shall be chosen from a list of four names to be submitted by the central committee of each party or group.
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.
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 or political group 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.
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 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.
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.
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.
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.
The commission may employ an executive director and other employees it considers necessary. Neither the executive director nor an employee may have a vote.
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.
The commission shall ensure that copies of reports filed by candidates for municipal office are made available for public inspection in the appropriate municipality.

History. (§ 1 ch 76 SLA 1974; am § 23 ch 25 SLA 1975; am §§ 3 — 10 ch 189 SLA 1975; am E.O. No. 41 § 2 (1980); am § 24 ch 85 SLA 1988; am §§ 1 — 3 ch 14 SLA 1989; am § 7 ch 80 SLA 1996; am § 38 ch 21 SLA 2000; am § 43 ch 13 SLA 2019; §§ 4 and 5, 2020 General Election Ballot Measure 2)

Revisor's notes. —

In 2000, in (g) of this section, “chairperson” was substituted for “chairman” in accordance with sec. 95(3), ch. 82, SLA 2000.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (e)(3), deleted “but not limited to” following “including”, and made a related change.

The 2020 amendment, effective February 28, 2021, in (b), in the first sentence, substituted “or political groups with the largest number of registered voters at the time of” for “whose candidate for governor received the highest number of votes in” following “two political parties” and in the last sentence inserted “or groups” following “two parties” and “or group” following “each party”; in (d), in the second sentence, inserted “or political group” following “same political party”.

Notes to Decisions

Subsection (j) requires forms to be made available in a regional office in each senate district. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Furnishing forms to Nome regional office constituted compliance with law. —

Nome is designated center for forms pursuant to both subsection (j) and AS 15.10.110 , and since Nome is the central office for Senate District P, which encompasses House District 21 and therefore Kotzebue, the lieutenant governor complied with the law by virtue of furnishing forms to the Nome regional office, even though such forms were not available in Kotzebue. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Applied in

Republican Governors Ass'n v. Alaska Pub. Offices Comm'n, 485 P.3d 545 (Alaska 2021).

Sec. 15.13.030. Duties of the commission.

The commission shall

develop and provide all forms for the reports and statements required to be made under this chapter, AS 24.45, and AS 39.50;
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;
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;
compile and maintain a current list of all filed reports and statements;
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;
notify, by registered or certified mail, all persons who are delinquent in filing reports and statements required to be made under this chapter;
examine, investigate, and compare all reports, statements, and actions required by this chapter, AS 24.45, and AS 39.50;
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;
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
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.

History. (§ 1 ch 76 SLA 1974; am § 24 ch 25 SLA 1975; am §§ 11, 12 ch 189 SLA 1975; am §§ 3 — 5 ch 167 SLA 1976; am § 2 ch 134 SLA 1990; am § 16 ch 21 SLA 1995; am § 5 ch 6 SLA 1998; am § 1 ch 108 SLA 2003; am § 2 ch 36 SLA 2010)

Administrative Code. —

For public official financial disclosure, see 2 AAC 50, art. 1.

For campaign disclosure, see 2 AAC 50, art. 2.

For Alaska public offices commission complaints and investigations, see 2 AAC 50, art. 3.

For regulation of lobbying, see 2 AAC 50, art. 4.

Notes to Decisions

Analysis

I. General Consideration
II. Regulations

I.General Consideration

First amendment rights held not violated. —

Alaska’s campaign finance law does not violate pro-life association’s First Amendment rights because AS 15.13.400 (15)’s (now (5)) definition of “electioneering communication” is not unconstitutionally vague or overbroad either facially or as applied, and the reporting and disclosure provisions are reasonable and serve a significant state interest. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Duty-to-notify requirement only applies to groups which have registered with commission pursuant to AS 15.13.050 . VECO Int'l v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988).

Investigation proper. —

Alaska Public Offices Commission's (APOC) investigation into a city council member's use of his city email was proper because the allegation that the member had used his city email address as his campaign contact was before APOC; the member provided no argument or relevant authority to support a restriction on APOC's statutorily granted power to investigate. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Applied in

Messerli v. State, 626 P.2d 81 (Alaska 1980); Republican Governors Ass'n v. Alaska Pub. Offices Comm'n, 485 P.3d 545 (Alaska 2021).

II.Regulations

No regulations were necessary to implement the mandatory provisions for filing an appointment of campaign treasurer established by AS 15.13.060(c) . Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Sec. 15.13.040. Contributions, expenditures, and supplying of services to be reported.

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
  1. the date and amount of all expenditures made by the candidate;
  2. the total amount of all contributions, including all funds contributed by the candidate;
  3. the name, address, date, and amount contributed by each contributor; and
  4. 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.
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.
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.
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.
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
  1. 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
  2. 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.
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.
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.
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) .
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.
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, 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 for all contributions described in (2) of this subsection in excess of $2,000 in the aggregate during a calendar year, the true source of such contributions and all intermediaries, if any, who transferred such funds, and a certification from the treasurer that the report discloses all of the information required by this paragraph; 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.
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.
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
  1. describe the fund-raising activity;
  2. include the number of persons making contributions and the total proceeds from the activity;
  3. 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,
  1. “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;
  2. “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.
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
  1. 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
    1. meets the requirements of (g)(1) — (3) of this section; or
    2. 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
  2. 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
    1. mayor; or
    2. assembly, council, or school board member;
2. any information if the commission determines that circumstances warrant an exception to the electronic submission requirement.
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.
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.
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.
For purposes of (b), (e), and (j) of this section, “contributor” means the true source of the funds, property, or services being contributed.
Every individual, person, nongroup entity, or group that contributes more than $2,000 in the aggregate in a calendar year to an entity that made one or more independent expenditures in one or more candidate elections in the previous election cycle, that is making one or more independent expenditures in one or more candidate elections in the current election cycle, or that the contributor knows or has reason to know is likely to make independent expenditures in one or more candidate elections in the current election cycle shall report making the contribution or contributions on a form prescribed by the commission not later than 24 hours 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 entity by that individual, person, nongroup entity, or group during the calendar year. For purposes of this subsection, the reporting contributor is required to report and certify the true sources of the contribution, and intermediaries, if any, as defined by AS 15.13.400 (18). This contributor is also required to provide the identity of the true source to the recipient of the contribution simultaneously with providing the contribution itself.
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.

History. (§ 1 ch 76 SLA 1974; am § 13 ch 189 SLA 1975; am § 33 ch 50 SLA 1989; am § 4 ch 126 SLA 1994; am §§ 5 — 7 ch 48 SLA 1996; am §§ 6, 7 ch 6 SLA 1998; am § 1 ch 74 SLA 1998; am §§ 3 — 6 ch 1 SLA 2002; am §§ 1 — 4 ch 1 TSSLA 2002; am §§ 2 — 7 ch 108 SLA 2003; am § 9 ch 99 SLA 2004; am §§ 1, 2 ch 155 SLA 2004; am § 3, 2006 Primary Election Ballot Measure No. 1; am §§ 6 — 9 ch 47 SLA 2007; am § 1 ch 95 SLA 2008; am §§ 3 — 7 ch 36 SLA 2010; am § 1 ch 73 SLA 2010; am §§ 1, 2 ch 1 SLA 2012; §§ 6 and 7, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

Subsection (n) was enacted as subsection (o). Relettered in 2004, at which time former subsection (n) was relettered as subsection (o). Subsection (o) was enacted as (p) and relettered in 2007, at which time former subsection (o) was relettered as (p) [now (q)]. Subsection (p) was enacted as (r) and relettered in 2012, at which time former subsections (p) and (q) were relettered as (q) and (r).

In 2010, in (e) of this section, “AS 15.13.110(h) ” was substituted for “AS 15.13.110(g) ” to reflect the 2010 relettering of the subsection.

Subsection (r) was enacted as (s) and relettered in 2020, at which time former (r) was relettered as (s).

Cross references. —

For a temporary exception to the electronic filing requirement in (m) of this section, see § 5, ch. 1, SLA 2012, in the 2012 Temporary and Special Acts. For a transition provision covering reports filed after December 1, 2011 and before February 21, 2012, see § 6, ch. 1, SLA 2012, in the 2012 Temporary and Special Acts.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in (j)(3), added “, and for all contributions described in (2) of this subsection in excess of $2,000 in the aggregate during a calendar year, the true source of such contributions and all intermediaries, if any, who transferred such funds, and a certification from the treasurer that the report discloses all of the information required by this paragraph” following “employer of the contributor” and made a stylistic change; added (s) [now (r)].

Editor’s notes. —

Under § 16, ch. 73. SLA 2010, the 2010 amendment of (k) of this section applies “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Under § 7, ch. 1, SLA 2012, the 2012 amendment of (m) of this section and the enactment of (p) of this section are retroactive to December 1, 2011.

Notes to Decisions

Constitutionality. —

The disclosure requirements of this chapter are not unconstitutionally vague or overbroad, nor do they violate the constitutional right of the people to privacy. VECO Int'l v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988).

Reporting provisions of this section and AS 15.13.074(i) , 15.13.082(b) , 15.13.110 , and 15.13.135(a) survive strict scrutiny because the state’s interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Failure to report. —

Alaska Public Offices Commission properly assessed a fine against a national political organization because the organization's actions in engaging an Alaska media consultant to reserve television advertising time prior to a gubernatorial primary race constituted expenditures for the purposes of Alaska's campaign finance registration statutes. Furthermore, the national political organization was not exempt from registration. Republican Governors Ass'n v. Alaska Pub. Offices Comm'n, 485 P.3d 545 (Alaska 2021).

Cited in

Libertarian Party of Alaska, Inc. v. State, 101 P.3d 616 (Alaska 2004).

Sec. 15.13.045. Investigations, hearings.

The commission may issue subpoenas, administer oaths, hold hearings, and conduct investigations.
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.
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.
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.

History. (§ 14 ch 189 SLA 1975)

Administrative Code. —

For Alaska public offices commission complaints and investigations, see 2 AAC 50, art. 3.

For legislative financial disclosure, see 2 AAC 50, art. 5.

Notes to Decisions

Cited in

Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Sec. 15.13.050. Registration before expenditure.

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.
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) .
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.

History. (§ 1 ch 76 SLA 1974; am § 15 ch 189 SLA 1975; am § 8 ch 48 SLA 1996; am § 1 ch 3 SLA 2002; am §§ 2, 3 ch 73 SLA 2010)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Editor’s notes. —

Under § 16, ch. 73. SLA 2010, the 2010 amendment of (a) of this section and the provisions of (c) of this section apply “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Notes to Decisions

Disclosure requirements constitutional. —

Failure to register. —

Cited in

Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska 2006).

Sec. 15.13.052. Independent expenditures; political activities accounts.

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.
Records necessary to substantiate that the requirements of (a) of this section have been met must be made available for inspection by the commission.
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.

History. (§ 8 ch 36 SLA 2010)

Sec. 15.13.060. Campaign treasurers.

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.
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 .
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.
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.
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.
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.

History. (§ 1 ch 76 SLA 1974; am §§ 16 — 19 ch 189 SLA 1975; am § 1 ch 133 SLA 1977; am § 35 ch 59 SLA 1982)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Analysis

I. General Consideration
II. Subsection (c)

I.General Consideration

Cited in

State v. Marshall, 633 P.2d 227 (Alaska 1981); Black v. State, 76 P.3d 417 (Alaska Ct. App. 2003).

II.Subsection (c)

Annotator’s notes. —

Silides v. Thomas , Sup. Ct. Op. No. 1362 (File Nos. 3019, 3020, 3021), 559 P.2d 80 (1977), cited in the notes below, was decided under subsection (c) as it existed before the 1977 amendment. Prior to that amendment, subsection (c) read: “Each candidate shall file the name and address of the campaign treasurer with the commission no later than seven days after the date of filing his declaration of candidacy or his nominating petition. The name of the candidate may be placed on the ballot by the lieutenant governor or municipal clerk only if the candidate has complied with this subsection.”

This section is not unconstitutional in that it sets up “invalid class legislation.” Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

The two groups classified by virtue of this section are those candidates who have complied with the law and those who have not; the failure to adhere to this section is the dividing line. Therefore, under any possible equal protection test this section passes constitutional muster. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Statutory requirement that a candidate’s designation of treasurer be filed by a specified due date is not constitutionally unreasonable. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Subsection (c) should be strictly enforced. —

Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Effect of unequal enforcement of AS 39.50.020 on enforcement of subsection (c). —

Unequal enforcement of AS 39.50.020 , which requires candidates to file a financial disclosure statement, did not require the conclusion that a candidate had in fact substantially complied with the filing requirements of subsection (c) where the record did not show any intentional or purposeful discrimination against the candidate. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Subsection (c) requires candidates to “file” campaign treasurer statements within a specified time limit. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

The definition of “file” is well established in the law. It has been consistently held that a document is filed only when the proper officer has received it, and that it is not considered filed when it is deposited in the mails. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Telephone conversation not appropriate filing. —

Given the text of subsection (c), the legal meaning of the term “file” and the supreme court’s adoption of the doctrine that statutory election deadlines are to be strictly enforced, a telephone conversation between the candidate’s treasurer and the Alaska Public Offices Commission seven days after the declaration of candidacy was filed cannot be deemed an appropriate filing within the intendment of subsection (c). Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

No regulations were necessary to implement the mandatory provisions for filing an appointment of campaign treasurer established by subsection (c) of this section. Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Sec. 15.13.065. Contributions.

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.
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.
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
  1. a constitutional convention shall be called;
  2. a debt shall be contracted;
  3. an advisory question shall be approved or rejected; or
  4. a municipality shall be incorporated;
2. an initiative proposal application filed with the lieutenant governor under AS 15.45.020 .

History. (§ 9 ch 48 SLA 1996; am § 7 ch 1 SLA 2002; am § 4 ch 73 SLA 2010)

Revisor’s notes. —

In 2010, in subsection (c), “AS 15.80.010 ” was substituted for “AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, the 2010 amendment of the provisions of (c) of this section apply “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Collateral references. —

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:

the candidate;
an individual;
a group that has registered under AS 15.13.050 ; and
a nongroup entity that has registered under AS 15.13.050 .

History. (§ 9 ch 48 SLA 1996; am § 8 ch 1 SLA 2002; am § 9 ch 36 SLA 2010)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Cited in

Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska 2006).

Collateral references. —

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

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.
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.
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.
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
  1. in the corporation’s shareholder register;
  2. in possession of the United States Securities and Exchange Commission or another governmental agency that is available to the general public;
  3. known to the corporation as a result of litigation, financing transactions, or proxies voted at annual or other meetings; and
  4. known to the corporation from another source.
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
  1. clearly refers to a candidate for an election under (B) of this paragraph;
  2. 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
  3. 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
  1. 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;
  2. 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
  3. a foreign national or foreign owner participates directly or indirectly in decisions relating to covered expenditures or contributions;
6. “foreign national” means
  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;
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
  1. 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
  2. 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
    1. 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
    2. 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
  1. has members with authority to administer the membership organization or union;
  2. expressly states the qualifications and requirements for membership in articles, bylaws, or other formal organizational documents; and
  3. 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.

History. (§ 10 ch 36 SLA 2010; am §§ 1, 2 ch 61 SLA 2018)

Revisor's notes. —

Reorganized in 2010 and 2018 to conform to the style of the Alaska Statutes. In 2018, subsections (c) and (d) were enacted as (d) and (e), at which time existing subsection (c) was relettered as (e).

Effect of amendments. —

The 2018 amendment, effective July 20, 2018, in (a), inserted “foreign-influenced corporations or” preceding “foreign national” or similar, three times, added (c)(1) — (5), (7) — (10), and made related and stylistic changes; added (d) and (e) [now (c) and (d)]. Although the 2018 amendment was to have taken effect July 1, 2018, under sec. 17, ch. 61, SLA 2018, the governor did not sign the bill until July 19, 2018, and so the actual effective date of the amendment was July 20, 2018, under AS 01.10.070(d) .

Editor's notes. —

For provision relating to the severability of the 2018 amendments to this section, see sec. 15, ch. 61, SLA 2018, in the 2018 Temporary and Special Acts.

Opinions of attorney general. —

An initiative petition, known as 17 AKGA, was certified by the Lieutenant Governor to appear on the November 2018 ballot; it related broadly to campaign finance, public official integrity, and good governance. During the legislative session the legislature enacted HB 44 (Chapter 61, SLA 2018), similarly relating, inter alia, to campaign expenditures and contributions, the legislators' per diem, gifts by lobbyists, and voting or other actions by a legislator where the legislator had a conflict of interest. Under AS 15.45.210 , where an act of the legislature is substantially the same as a petition, is enacted after the petition has been filed and before the date of the election, the petition is void. Following the passage of HB 44, the Lieutenant Governor determined, and the Attorney General agreed, that the initiative petition known as 17 AKGA, and HB 44, were substantially the same, rendering 17 AKGA void and ineligible to appear on the ballot. 2018 Op. Alaska Att'y Gen. (May 25).

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) .

History. (§ 10 ch 36 SLA 2010)

Sec. 15.13.070. Limitations on amount of political contributions.

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.
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.
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.
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
  1. delegate to a constitutional convention;
  2. judge seeking retention; or
  3. municipal office.
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.
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.
Where contributions are made to a joint campaign for governor and lieutenant governor,
1. an individual may contribute not more than $1,000 per year; and
2. a group may contribute not more than $2,000 per year.

History. (§ 1 ch 76 SLA 1974; am §§ 20, 21 ch 189 SLA 1975; am § 45 ch 85 SLA 1986; am § 10 ch 48 SLA 1996; am § 2 ch 74 SLA 1998; am §§ 9 — 11 ch 1 SLA 2002; am § 2 ch 3 SLA 2002; am §§ 8 — 10 ch 108 SLA 2003; am §§ 1, 2, 2006 Primary Election Ballot Measure No. 1; § 8, 2020 General Election Ballot Measure 2)

Cross references. —

For prohibition against certain campaign fund-raising by legislators, see AS 24.60.030 .

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, added (g).

Opinions of attorney general. —

There seems to be no difference between § 608(c) of the Federal Elections Campaign Act of 1971, former 18 U.S.C. § 608(c), and subsection (f) of this section; accordingly, based on the reasons stated in Buckley v. Valeo, 424 U.S. 1, 96 S. Ct. 612, 46 L. Ed. 2d 659 (1976), for finding unconstitutional § 608(c) of the federal act, subsection (f) of this section is invalid as a violation of the rights and privileges protected by the 1st amendment. May 13, 1976 Op. Att’y Gen (decided prior to the 1986 repeal of former subsection (f)).

The Public Offices Commission should not undertake investigations of violations of subsection (f) of this section, and candidates or others may be advised that no implementation or enforcement of subsection (f) of this section is planned by the office of the attorney general. May 13, 1976 Op. Att’y Gen. (decided prior to the 1986 repeal of former subsection (f)).

The $1000 statutory limit under this section is applicable to “control groups” under former AS 15.13.130 (4). Exempting such groups from the contribution limit would seriously undermine the statute’s primary purpose of deterring the buying of elections and the undue influence of large contributors. June 15, 1987, Op. Att’y Gen.

Notes to Decisions

Constitutionality. —

The $500 limitation on individual contributions for electoral campaigns in Alaska set forth in subsection (b) is justified by evidence that contribution limits do not place a substantial burden on the ability of candidates to run competitive local or state election campaigns. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Limits on individuals’ contributions to groups and political parties are reasonable; preventing individuals from channeling their contributions through a group or a party, and thus avoiding the limit on individuals’ contributions to candidates, is a valid purpose. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

The limitation in subsection (c), that a “group” that is not a political party may not contribute more than $1,000 per year to a candidate, another group, or a political party, is reasonable. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

The graduated limits for political parties’ contributions to candidates set forth in subsection (d) serve the State’s legitimate governmental interest, and are upheld. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

The limitations in former AS 15.13.070(b)(2) on individuals’ soft money contributions to political parties were constitutional under the First Amendment. Jacobus v. Alaska, 338 F.3d 1095 (9th Cir. Alaska 2003), overruled in part, Bd. of Trs. of the Glazing Health & Welfare Trust v. Chambers, 941 F.3d 1195 (9th Cir. Nev. 2019).

Since the $500 base limits set forth in AS 15.13.070(b) further the sufficiently important state interest of preventing quid pro quo corruption or its appearance and that those limitations are closely drawn to that end, the statute is constitutional. Thompson v. Dauphinais, 217 F. Supp. 3d 1023 (D. Alaska 2016), aff'd in part and rev'd in part, 909 F.3d 1027 (9th Cir. Alaska 2018), aff'd in part, rev'd in part, — F.3d — (9th Cir. 2021).

In action alleging that Alaska law regulating campaign contributions violated First Amendment, individual-to-candidate and individual-to-group contribution limits, as well as annual limits on what political party could contribute to candidate, were upheld because they were narrowly tailored to prevent quid pro quo corruption or its appearance and thus did not impermissibly infringe constitutional rights; annual aggregate limit on contributions candidate could accept from nonresidents of Alaska, which at most, targeted contributors' influence over Alaska politics, did not target important state interest and, therefore, violated the First Amendment. Thompson v. Hebdon, 909 F.3d 1027 (9th Cir. Alaska 2018), vacated, — U.S. —, 140 S. Ct. 348, 205 L. Ed. 2d 245 (U.S. 2019), sub. op., — F.3d — (9th Cir. 2021), op. withdrawn, — F.3d — (9th Cir. 2021).

In an action alleging that Alaska law regulating campaign contributions violated the First Amendment, individual-to-candidate and individual-to-group contribution limits, as well as annual limits on what a political party could contribute to a candidate, were upheld because they were narrowly tailored to prevent quid pro quo corruption or its appearance and thus did not impermissibly infringe upon constitutional rights; annual aggregate limit on contributions a candidate could accept from nonresidents of Alaska, which at most, targeted contributors' influence over Alaska politics, did not target an important state interest and, therefore, violated the First Amendment. Thompson v. Hebdon, 909 F.3d 1027 (9th Cir. Alaska 2018), vacated, — U.S. —, 140 S. Ct. 348, 205 L. Ed. 2d 245 (U.S. 2019), sub. op., — F.3d — (9th Cir. 2021), op. withdrawn, — F.3d — (9th Cir. 2021).

Because limits on contributions to independent expenditure groups were unconstitutional, Alaska's statutory contribution limits were unconstitutional as applied to contributions to independent expenditure groups. Alaska Pub. Offices Comm'n v. Patrick, 494 P.3d 53 (Alaska 2021).

Implementation by regulations. —

2 AAC § 50.327, which was legally promulgated and requires that political parties report soft money contributions and expenditures, implements the Campaign Disclosure Act. Libertarian Party of Alaska, Inc. v. State, 101 P.3d 616 (Alaska 2004).

Applied in

Vogler v. Miller, 660 P.2d 1192 (Alaska 1983).

Cited in

State v. Marshall, 633 P.2d 227 (Alaska 1981); Gottlieb v. State, 175 P.3d 664 (Alaska Ct. App. 2008).

Collateral references. —

Power of corporation to make political contribution or expenditure under state law. 79 ALR3d 491.

State regulation of the giving or making of political contributions or expenditures by private individuals. 94 ALR3d 944.

Sec. 15.13.072. Restrictions on solicitation and acceptance of contributions.

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) .
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.
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) .
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.
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.
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.
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.
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.

History. (§ 11 ch 48 SLA 1996; am § 1 ch 14 SLA 1998; am §§ 3, 4 ch 74 SLA 1998; am § 12 ch 1 SLA 2002; am § 11 ch 108 SLA 2003; am § 1 ch 106 SLA 2008)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Constitutionality. —

Attempting to limit outside influences in Alaska politics is a sufficiently compelling state interest to justify the restrictions on contributions by nonresidents set forth in subsections (a), (e), and (f). State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Since the $3,000 nonresident aggregate limit set forth in AS 15.13.072 furthers the sufficiently important state interest of preventing quid pro quo corruption or its appearance and the political party aggregate limit does not trigger First Amendment concerns, at least under plaintiffs' theory of the case, those provisions are upheld as constitutional. Thompson v. Dauphinais, 217 F. Supp. 3d 1023 (D. Alaska 2016), aff'd in part and rev'd in part, 909 F.3d 1027 (9th Cir. Alaska 2018), aff'd in part, rev'd in part, — F.3d — (9th Cir. 2021).

In action alleging that Alaska law regulating campaign contributions violated First Amendment, individual-to-candidate and individual-to-group contribution limits, as well as annual limits on what political party could contribute to candidate, were upheld because they were narrowly tailored to prevent quid pro quo corruption or its appearance and thus did not impermissibly infringe constitutional rights; annual aggregate limit on contributions candidate could accept from nonresidents of Alaska, which at most, targeted contributors' influence over Alaska politics, did not target important state interest and, therefore, violated First Amendment. Thompson v. Hebdon, 909 F.3d 1027 (9th Cir. Alaska 2018), vacated, — U.S. —, 140 S. Ct. 348, 205 L. Ed. 2d 245 (U.S. 2019), sub. op., — F.3d — (9th Cir. 2021), op. withdrawn, — F.3d — (9th Cir. 2021).

Sec. 15.13.074. Prohibited contributions.

A person, group, or nongroup entity may not make a contribution if the making of the contribution would violate this chapter.
A person or group may not make a contribution anonymously, using a fictitious name, or using the name of another. Individuals, persons, nongroup entities, or groups subject to AS 15.13.040(r) may not contribute or accept $2,000 or more of dark money as that term is defined in AS 15.13.400 (5), and may not make a contribution while acting as an intermediary without disclosing the true source of the contribution as defined in AS 15.13.400 (19).
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
  1. after the date of the primary or special primary election if the candidate was not chosen to appear on the general or special election ballot at the primary or special primary election; or
  2. after the date of the general or special election, or after the date of a municipal or municipal runoff election.
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.
A person or group may not make a cash contribution that exceeds $100.
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.
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.
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) .
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.

History. (§ 11 ch 48 SLA 1996; am § 12 ch 48 SLA 1996; am § 2 ch 14 SLA 1998; am § 5 ch 74 SLA 1998; am § 8 ch 33 SLA 1999; am §§ 13 — 15 ch 1 SLA 2002; am §§ 12, 13 ch 108 SLA 2003; am § 6 ch 73 SLA 2013; §§ 9 and 10, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

The amendment to (c) of this section made by § 12, ch. 48, SLA 1996 took effect July 16, 1999 under §§ 33(b) and 34, ch. 48, SLA 1996. The contingency described in § 33(b), ch. 48, SLA 1996 occurred 90 days after the date of the decision in State of Alaska v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska Opin. No. 5108, April 16, 1999). The 90 day period represents the time during which a petition for certiorari could have been filed with the U.S. Supreme Court. The State did not file a petition for certiorari, and therefore that part of the decision declaring AS 15.13.074(c) (as enacted in § 11, ch. 48, SLA 1996) unconstitutional became final at the close of business July 15, 1999. Under § 34, ch. 48, SLA 1996, the amendment to (c) of this section made by § 12, ch. 48, SLA 1996, became effective the next day, July 16, 1999. Because it appeared to the revisor that the intervening amendments made to subsection (c) by § 2, ch. 14, SLA 1998 and § 5, ch. 74, SLA 1998 were inconsistent with the repeal and reenactment of subsection (c) under § 12, ch. 48, SLA 1996, those 1998 amendments were not retained.

In 2020, in subsection (b), “ AS 15.13.040(r) ” was substituted for “ AS 15.13.040(s) ”, “ AS 15.13.400 (5)” was substituted for “ AS 15.13.400 (17)”, and “ AS 15.13.400(19)” was substituted for “ AS 15.13.400(18)” to reflect the relettering and renumbering in that section.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (c)(3)(A), inserted “on the ballot and was” following “if the candidate was”.

The 2020 amendment, effective February 28, 2021, in (b), added the second sentence; rewrote (c)(3)(A), which read, “after the date of the primary election if the candidate was on the ballot and was not nominated at the primary election; or”, and in (c)(3)(B), inserted “or special” following “the general”.

Notes to Decisions

Constitutionality. —

Alaska has a substantial governmental interest in campaign finance reform that justifies some restriction on First Amendment freedoms, including the ban on contributions by a corporation, company, partnership, firm, association, organization, business trust, surety, or labor union in subsection (f). State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

The restrictions on contributions and expenditures by corporations and labor unions, considered together, are not so extreme as to constitute bans on issue advocacy. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000) (Decided under former law).

The ban on out-of-district lobbyist contributions in subsection (g) is narrowly tailored to further the State’s compelling interest, and the restraint does not foreclose lobbyists from engaging in political speech. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

The post-election contribution limits of subsection (c) comprise a narrowly-tailored impact on associational rights to further compelling state interests, and are upheld. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

AS 15.13.074(f) is constitutional to the extent that it prohibits a corporation, company, partnership, firm, association, organization, business trust or surety, labor union, or publicly funded entity from making a contribution to a political party for the purpose of nominating or electing a candidate. The provision does not prohibit, and is unconstitutional to the extent that it prohibits, contributions by these entities to a political party for a purpose other than influencing the nomination or election of a candidate. Jacobus v. Alaska, 182 F. Supp. 2d 893 (D. Alaska 2001), aff'd in part and rev'd in part, 338 F.3d 1095 (9th Cir. Alaska 2003).

Soft money ban on corporate contributions to political parties under AS 15.13.074(f) is constitutional under the First Amendment. Jacobus v. Alaska, 338 F.3d 1095 (9th Cir. Alaska 2003), overruled in part, Bd. of Trs. of the Glazing Health & Welfare Trust v. Chambers, 941 F.3d 1195 (9th Cir. Nev. 2019).

Reporting provisions of this section and AS 15.13.040(d) , (e) and (j), 15.13.082(b) , 15.13.110 , and 15.13.135(a) survive strict scrutiny because the state’s interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Fine. —

Fine assessed against a limited liability company (LLC) for campaign violations was not so excessive that it would violate Alaska or federal law regarding punitive damages because the LLC was a sophisticated entity with substantial assets and knowledgeable management. Its actions called into question the fairness of an election, the fine sent a message that the Alaska Public Offices Commission takes violations seriously and helped deter other corporations from engaging in similar misconduct. RBG Bush Planes, LLC v. Alaska Pub. Offices Comm'n, 361 P.3d 886 (Alaska 2015).

Fine assessed against a limited liability company (LLC) for campaign violations bore a reasonable relationship to the alleged offense because there was no requirement that a violator of campaign laws must be made aware that it violated the law before a fine can be imposed; even if the LLC was unaware, a fine calculated based on the time it was unaware of the violation still served a punitive function even if it did not serve a remedial function. RBG Bush Planes, LLC v. Alaska Pub. Offices Comm'n, 361 P.3d 886 (Alaska 2015).

Pre-election contribution limits invalid. —

The pre-election contribution limits of a former version of subsection (c) were invalid, and the eighteen-month contingent pre-election time limits in ch. 48 § 12, SLA 1996 were held effective. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Prohibition on contributions during legislative session invalid. —

The prohibition against making contributions to legislative candidates, including both challengers and incumbents, during a regular legislative session, set forth in paragraph (c)(2), is not narrowly tailored to the State’s compelling interest of preventing corruption or its appearance, and is therefore invalid. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Severability. —

Chapter 48, SLA 1996, which revised Alaska’s election campaign finance laws, provides both a severability clause and contingent provisions to become effective if parts of the act are held invalid; thus, invalidation of some parts of the act does not undermine the structure of the whole, and legal effect can be given to the remaining provisions. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Cited in

Gottlieb v. State, 175 P.3d 664 (Alaska Ct. App. 2008).

Sec. 15.13.076. Authorized recipients of contributions.

A contribution to a

candidate may be received only by
1. the candidate; or
2. the candidate’s campaign treasurer or a deputy campaign treasurer;
group may be received only by the group’s campaign treasurer or a deputy treasurer.

History. (§ 11 ch 48 SLA 1996)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.078. Contributions and loans from the candidate.

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 .
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
  1. $25,000, if the candidate ran for governor or lieutenant governor;
  2. $10,000, if the candidate ran for
    1. the legislature; or
    2. delegate to a constitutional convention;
  3. $10,000, if the candidate was a judge seeking retention;
  4. $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) .
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.
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).

History. (§ 11 ch 48 SLA 1996; am § 9 ch 33 SLA 1999)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

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

Sec. 15.13.082. Limitations on expenditures.

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.
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.
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.

History. (§ 14 ch 48 SLA 1996; am § 16 ch 1 SLA 2002; am § 11 ch 36 SLA 2010)

Notes to Decisions

Constitutionality. —

Reporting provisions of this section and AS 15.13.040(d) , (e) and (j), 15.13.074(i) , 15.13.110 , and 15.13.135(a) survive strict scrutiny because the state’s interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Sec. 15.13.084. Prohibited expenditures.

A person may not make an expenditure

anonymously, unless the expenditure is
1. paid for by an individual acting independently of any person;
2. made to influence the outcome of a ballot proposition as that term is defined by AS 15.13.065(c) ; and
3. made for
  1. a billboard or sign; or
  2. printed material, other than an advertisement made in a newspaper or other periodical;
using a fictitious name or using the name of another.

History. (§ 14 ch 48 SLA 1996; am § 17 ch 1 SLA 2002; am § 12 ch 36 SLA 2010)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.086. Authorized makers of expenditures.

An expenditure

authorized by or in behalf of a candidate may be made only by
1. the candidate; or
2. the candidate’s campaign treasurer or a deputy campaign treasurer;
authorized by AS 15.13.067 (3) by or in behalf of a group may be made only by the group’s campaign treasurer.

History. (§ 14 ch 48 SLA 1996)

Sec. 15.13.090. Identification of communication.

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
  1. the name and title of the person’s principal officer;
  2. a statement from the principal officer approving the communication; and
  3. 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.
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
  1. a billboard or sign; or
  2. printed material other than an advertisement made in a newspaper or other periodical.
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, and, in a broadcast, cable, satellite, Internet or other digital communication, the statement must remain onscreen throughout the entirety of the communication; the second statement is not required if the person paying for the communication has no contributors or is a political party:
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:
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.
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.
To satisfy the requirements of (a)(1) of this section and, if applicable, (a)(2)(C) of this section, a communication paid for by an outside-funded entity as that term is defined in AS 15.13.400 (15) that includes a print or video component must have the following statement placed in the communication so as to be easily discernible, and, in a broadcast, cable, satellite, Internet or other digital communication, the statement must remain onscreen throughout the entirety of the communication; the statement is not required if the outside entity paying for the communication has no contributors or is a political party: “A MAJORITY OF CONTRIBUTIONS TO (OUTSIDE-FUNDED ENTITY'S NAME) CAME FROM OUTSIDE THE STATE OF ALASKA.”

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)

Click to view

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)

Click to view

History. (§ 1 ch 76 SLA 1974; am § 22 ch 189 SLA 1975; am § 36 ch 100 SLA 1980; am § 15 ch 48 SLA 1996; am §§ 18, 19 ch 1 SLA 2002; am § 5 ch 1 TSSLA 2002; am §§ 13, 14 ch 36 SLA 2010; am §§ 7 — 9 ch 73 SLA 2013; §§ 11 and 12, 2020 General Election Ballot Measure 2)

Revisor's notes. —

In 2020, in subsection (g), “ AS 15.13.400 (15)” was substituted for “ AS 15.13.400 (19) to reflect the renumbering of that section.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (a)(2)(C), added “unless the person is a political party,” at the beginning; in (c), inserted “; the second statement is not required if the person paying for the communication has no contributors or is a political party” following “easily discernible”; in (d), inserted “or is a political party” following “no contributors”.

The 2020 amendment, effective February 28, 2021, in (c), inserted “, and, in a broadcast, cable, satellite, Internet or other digital communication, the statement must remain onscreen throughout the entirety of the communication” following “easily discernible”; added (g).

Notes to Decisions

Applicability to non-group entities. —

Compelling state interests of providing the electorate with information, deterring actual corruption and avoiding any appearance thereof, and gathering the data necessary to enforce more substantive electioneering restrictions, justifies the application of this section and AS 15.13.135 to non-group entities. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Collateral references. —

Validity and construction of state statute prohibiting anonymous political advertising. 4 ALR4th 741.

Sec. 15.13.095. False statements in telephone polling and calls to convince.

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.
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.

History. (§ 1 ch 142 SLA 1996)

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.

History. (§ 1 ch 76 SLA 1974; am § 23 ch 189 SLA 1975; am § 25 ch 14 SLA 1987)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.110. Filing of reports.

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.
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.
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.
[Repealed, § 35 ch 126 SLA 1994.]
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.
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 campaigns as a write-in candidate for elective state executive or legislative office at the general election; and
3. a group or nongroup entity that receives contributions or makes expenditures on behalf of or in opposition to a person described in (1) or (2) of this subsection, except as provided for certain independent expenditures by nongroup entities in AS 15.13.135(a) .
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.
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.
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.
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.
Once contributions from an individual, person, nongroup entity, or group to an entity that made one or more independent expenditures in one or more candidate elections in the previous election cycle, that is making one or more independent expenditures in one or more candidate elections in the current election cycle, or that the contributor knows or has reason to know is likely to make independent expenditures in one or more candidate elections in the current election cycle exceed $2,000 in a single year, that entity shall report that contribution, and all subsequent contributions, not later than 24 hours after receipt. For purposes of this subsection, the entity is required to certify and report the true source, and all intermediaries, if any, of the contribution as defined by AS 15.13.400 (18).

History. (§ 1 ch 76 SLA 1974; am § 24 ch 189 SLA 1975; am § 2 ch 133 SLA 1977; am §§ 1, 2 ch 49 SLA 1993; am § 35 ch 126 SLA 1994; am § 2 ch 59 SLA 1995; am § 13 ch 30 SLA 1996; am §§ 16 — 18 ch 48 SLA 1996; am § 6 ch 74 SLA 1998; am § 2 ch 103 SLA 2001; am §§ 20 — 22 ch 1 SLA 2002; am § 14 ch 108 SLA 2003; am § 10 ch 99 SLA 2004; am § 15 ch 36 SLA 2010; am §§ 5, 6 ch 73 SLA 2010; am §§ 3, 4 ch 1 SLA 2012; am § 10 ch 73 SLA 2013; §§ 13 and 14, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

Subsection (h) was enacted as (g); relettered in 2010.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added (j).

The 2020 amendment, effective February 28, 2021, deleted (f)(2), which read “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;” and made related changes; added (k).

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, subsection (g) of this section applies “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Under § 7, ch. 1, SLA 2012, the 2012 enactment of subsection (i) of this section is retroactive to December 1, 2011.

Subsection (j) refers to AS 15.25.140 — 15.25.200 , which were repealed by § 72, 2020 General Election Ballot Measure 2.

Notes to Decisions

Disclosure requirements constitutional. —

Reporting requirements held to survive strict scrutiny. —

Reporting provisions of AS 15.13.040(d) , (e) and (j), 15.13.074(i) , 15.13.082(b) , and 15.13.135(a) and this section survive strict scrutiny because the state’s interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Stated in

State v. Marshall, 633 P.2d 227 (Alaska 1981).

Sec. 15.13.111. Preservation of records.

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.
Information preserved under (a) of this section must be made available for inspection by the commission.
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.

History. (§ 2 ch 95 SLA 2008; am § 16 ch 36 SLA 2010)

Editor’s notes. —

Section 13(a), ch. 95, SLA 2008 provides that this section “applies to records for elections on or after January 1, 2009.”

Sec. 15.13.112. Uses of campaign contributions held by candidate or group.

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.
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
  1. 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
  2. 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
  1. uses campaign contributions of the candidate or group for payment of
    1. all of the shared campaign activity expense; or
    2. more than the candidate’s or group’s pro rata share of the activity expense; and
  2. 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.
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.

History. (§ 19 ch 48 SLA 1996; am § 7 ch 74 SLA 1998; am § 1 ch 90 SLA 2006)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Constitutionality. —

Because the State has a compelling interest in enforcing contribution limits, and because candidates still retain the right to make contributions from personal funds, the ban on inter-candidate contributions in paragraph (b)(7) is constitutional. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Sec. 15.13.114. Disposition of prohibited contributions.

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.
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.

History. (§ 19 ch 48 SLA 1996; am § 23 ch 1 SLA 2002)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.116. Disbursement of campaign assets after election.

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
  1. a political party;
  2. the state’s general fund;
  3. a municipality of the state; or
  4. 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:
  1. to all contributors;
  2. to contributors who have contributed most recently; or
  3. 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
  1. $50,000, if the transfer is made by a candidate for governor or lieutenant governor;
  2. $10,000, if the transfer is made by a candidate for the state senate;
  3. $5,000, if the transfer is made by a candidate for the state house of representatives; and
  4. $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:
  1. the authority to transfer is limited to candidates who are elected to the state legislature;
  2. 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;
  3. all amounts expended from the public office expense term account shall be annually accounted for under AS 15.13.110(a)(4) ;
  4. 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
  5. 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:
  1. the authority to transfer is limited to candidates who are elected to municipal office, including a municipal school board;
  2. 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;
  3. all amounts expended from the municipal office account shall be annually accounted for under AS 15.13.110(a)(4) ;
  4. a transfer under this paragraph is limited to $5,000; and
  5. 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.
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.
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.
[Repealed, § 4 ch 44 SLA 2012.]

History. (§ 19 ch 48 SLA 1996; am §§ 8 — 10 ch 74 SLA 1998; am §§ 4 — 6 ch 3 SLA 2002; am § 15 ch 108 SLA 2003; am §§ 1, 4 ch 44 SLA 2012)

Cross references. —

For transfer of funds in a public office expense term account reserve required by January 1, 2013, see § 5, ch. 44, SLA 2012.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Constitutionality. —

The State’s interest in preventing avoidance of valid contribution limits by use of carry-forwards is both compelling and served by the restriction set forth in this section, which is narrowly tailored to accomplish this interest, and justifies its burden on speech. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Sec. 15.13.120. [Renumbered as AS 15.13.380.]

Sec. 15.13.122. [Renumbered as AS 15.13.385.]

Sec. 15.13.125. [Renumbered as AS 15.13.390.]

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

Sec. 15.13.135. Independent expenditures for or against candidates.

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.
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.

Click to view

History. (§ 24 ch 48 SLA 1996; am § 24 ch 1 SLA 2002; am § 17 ch 36 SLA 2010)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Constitutionality. —

The State has a compelling interest that justifies applying the section to business corporations and labor unions. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000) (Decided under former law).

This section as written embraces “non-group” entities whose speech may not be permissibly restricted by an expenditure prohibition, and the section must be read narrowly to prevent it from applying to such “non-group” entities; thus, entities must be exempted from this section’s ban if: (1) They cannot participate in business activities, (2) they have no shareholders who have a claim on corporate earnings, and (3) they are independent from the influence of business corporations. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000) (Decided under former law).

Reporting provisions of as 15.13.040(d), (e) and (j), 15.13.074(i), 15.13.082(b), 15.13.110, and this section survive strict scrutiny because the state’s interest in regulating campaign contributions and expenditures is significant and the requirements are not particularly onerous. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006) (Decided under former law).

Applicability to non-group entities. —

Compelling state interests of providing the electorate with information, deterring actual corruption and avoiding any appearance thereof, and gathering the data necessary to enforce more substantive electioneering restrictions justified the application of AS 15.13.090 and this section to non-group entities. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

Permissible acts by non-group entities. —

Nothing prevents individual organizers of non-group entities from either forming a “group” to collect contributions and make expenditures, or soliciting individual contributions from other members without relying on treasury funds; further, non-group entities may communicate their endorsements to their employees or members. State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999), cert. denied, 528 U.S. 1153, 120 S. Ct. 1156, 145 L. Ed. 2d 1069 (U.S. 2000).

Sec. 15.13.140. Independent expenditures for or against ballot proposition or question.

[Repealed, § 19 ch 36 SLA 2010.]
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 .

History. (§ 24 ch 48 SLA 1996; am § 19 ch 36 SLA 2010)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.145. Money of the state and its political subdivisions.

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.
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.
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.
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 .

History. (§ 24 ch 48 SLA 1996)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Notes to Decisions

Interpretation. —

Alaska Public Offices Commission properly fined a city council member for improper use of government resources in violation of the statute because its interpretation of the statute, that "to influence" meant "for the purpose of influencing," was both reasonable and in keeping with the general rule that courts not read additional terms into a statute. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

The word "to" appears on the face of the statute, and one of its common meanings entails purpose or intent; the phrase "to influence the outcome of the election" does not require proof of actual influence. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Alaska Public Offices Commission (APOC) properly fined a city council member for improper use of government resources during his campaign for mayor because it was reasonable for APOC to interpret "money" to include property and assets including a city's email system; the most reasonable interpretation of the term "money," given the definition in Alaska Admin. Code tit. 2, § 50.356(d), includes the use of a city-established and maintained resource like the email system. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

No violation of First Amendment. —

Alaska Public Offices Commission properly fined a city council member for improper use of government resources during his campaign for mayor because it was not a violation of the First Amendment to enforce the statute without a finding that the member engaged in corruption. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Alaska Public Offices Commission did not violate a city council member's First Amendment rights by applying the statute to actions that fell within a council member's unusual duties because imposing a fine on the member for inappropriate use of his city email account did not undermine his ability to be an effective advocate for his constituents as a sitting member of the city council. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Substantial compliance standard does not apply to statute. —

Adoption of the substantial compliance standard was unnecessary because a city council member did not show that the substantial compliance standard for filing disclosures applied to the statute; the sanction applied to the member's failure to strictly comply with the statute was a fine, and more serious violators faced only increased fines, not the forfeiture of election results. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Quoted in

Griswold v. Homer City Council, 310 P.3d 938 (Alaska 2013).

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

the publication of the date and location of an election;
the education of students about voting and elections;
the sponsorship of candidate debate forums open to the public;
participation in get-out-the-vote or voter registration drives that do not favor a particular candidate, political party, or political position;
the dissemination of the views of all candidates running for a particular office.

History. (§ 24 ch 48 SLA 1996; am § 2 ch 44 SLA 2012)

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Sec. 15.13.155. Restrictions on earned income and honoraria.

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.
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.

History. (§ 24 ch 48 SLA 1996)

Sec. 15.13.374. Advisory opinion.

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.
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.
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.
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.
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
  1. the draft advisory opinion would have approved the transaction or activity described; and
  2. the commission disapproved the draft advisory opinion.
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.

History. (§ 16 ch 108 SLA 2003; am § 11 ch 73 SLA 2013; am § 21 ch 22 SLA 2015)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (f), following “copying under AS 40.25”, added the language beginning “, except that” through the end of the subsection.

The 2015 amendment, effective May 15, 2015, in (f), substituted “AS 40.25.100 — 40.25.295 ” for “AS 40.25”.

Sec. 15.13.380. Violations; limitations on actions.

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.
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.
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.
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.
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 .
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.
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.
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.
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, Constitution of the State of Alaska, if the successful candidate is a member of the state legislature;
2. art. II, sec. 20, Constitution of the State of Alaska, 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, Constitution of the State of Alaska, if the successful candidate is a judge.
Information developed by the commission under (b) — (e) of this section shall be considered during a proceeding under (i) of this section.
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.

History. (§ 1 ch 76 SLA 1974; am § 25 ch 189 SLA 1975; am §§ 1, 6 ch 134 SLA 1982; am §§ 33 — 36 ch 74 SLA 1985; am § 26 ch 14 SLA 1987; am §§ 20, 21, 28 ch 48 SLA 1996; am § 6 ch 1 TSSLA 2002; am § 17 ch 108 SLA 2003; am § 3 ch 95 SLA 2008)

Revisor’s notes. —

Formerly AS 15.13.120 . Renumbered in 2000, at which time, “ AS 15.13.390 ” was substituted for “ AS 15.13.125 ” in subsection (d) in order to reflect the 2000 renumbering of AS 15.13.125 .

Cross references. —

For criminal penalties for violations of this chapter, see AS 15.56.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

For Alaska public offices commission complaints and investigations, see 2 AAC 50, art. 3.

Editor’s notes. —

Section 13(b), ch. 95, SLA 2008, provides that the 2008 amendment of (b) of this section “applies to administration complaints alleging violations of AS 15.13 or the regulations adopted under that chapter that occurred

“(1) within one year before January 1, 2009; or

“(2) on or after January 1, 2009.”

Notes to Decisions

Analysis

I. General Consideration
II. Forfeiture Sanction

I.General Consideration

This section contains no scienter requirement and the court would not impose one. State v. Marshall, 633 P.2d 227 (Alaska 1981).

No jurisdiction over decision to investigate complaint. —

No statute or regulation provides for the appeal of a decision to investigate a complaint, and, like many other agency actions, it is not a final decision of an administrative agency; because no such appeal right is provided by law, an appellate court does not have jurisdiction to consider such a claim. Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Applied in

Republican Governors Ass'n v. Alaska Pub. Offices Comm'n, 485 P.3d 545 (Alaska 2021).

Quoted in

Messerli v. State, 626 P.2d 81 (Alaska 1980).

II.Forfeiture Sanction

Annotator’s notes. —

Subsection (b), which contained a forfeiture sanction for violation of AS 15.13, was repealed in 1982.

Constitutionality of forfeiture sanction. —

The forfeiture sanction of subsection (b) (now repealed) does not conflict with any constitutional provision delimiting the qualifications of assembly or council members or with any provision reserving exclusive authority to determine a member’s election to those local entities. State v. Marshall, 633 P.2d 227 (Alaska 1981).

Even if the forfeiture sanction of subsection (b) (now repealed) may conflict with Alaska Const., art. II, § 12, insofar as state legislative elections are concerned, it can nonetheless constitutionally apply to local elections. State v. Marshall, 633 P.2d 227 (Alaska 1981).

The forfeiture sanction is valid. State v. Marshall, 633 P.2d 227 (Alaska 1981).

The deadlines for filing are mandatory, and the plain meaning of this section makes the forfeiture sanction applicable. State v. Marshall, 633 P.2d 227 (Alaska 1981).

The statutory forfeiture of office provision applied to the election of a city councilman and borough assemblyman whose 1980 seven-day pre-election report was not filed until well after the election. State v. Marshall, 633 P.2d 227 (Alaska 1981).

The absence of regulations is not fatal to enforcement of the forfeiture sanction because they are not necessary to implement the sanction or to protect a constitutional right. State v. Marshall, 633 P.2d 227 (Alaska 1981).

Sec. 15.13.385. Legal counsel.

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.
When the public interest warrants, the commission may employ temporary legal counsel from time to time in matters in which the commission is involved.

History. (§ 26 ch 189 SLA 1975)

Revisor’s notes. —

Formerly AS 15.13.122 . Renumbered in 2000.

Sec. 15.13.390. Civil penalty; late filing of required reports.

A person who
1. 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;
2. whether as a contributor or intermediary, delays in reporting a contribution as required by AS 15.13.040 (r) is subject to a civil penalty of not more than $1,000 a day for each day the delinquency continues as determined by the commission subject to right of appeal to the superior court;
3. whether as a contributor or intermediary, misreports or fails to disclose the true source of a contribution in violation of AS 15.13.040(r) or 15.13.074(b) is subject to a civil penalty of not more than the amount of the contribution that is the subject of the misreporting or failure to disclose; upon a showing that the violation was intentional, a civil penalty of not more than three times the amount of the contribution in violation may be imposed; these penalties as determined by the commission are subject to right of appeal to the superior court;
4. violates a provision of this chapter, except 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; and
5. is assessed a civil penalty may submit to the commission an affidavit stating facts in mitigation; 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.
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.
The commission’s determination under (b) of this section may be appealed to the superior court under AS 44.62 (Administrative Procedure Act).
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.
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.
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.

History. (§ 6 ch 167 SLA 1976; am § 5 ch 126 SLA 1994; am § 3 ch 59 SLA 1995; am §§ 22, 23 ch 48 SLA 1996; am § 7 ch 1 TSSLA 2002; § 15, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

Formerly AS 15.13.125 . Renumbered in 2000, at which time “AS 15.13.380 ” was substituted for “AS 15.13.120 ” in subsections (a), (b), (d), and (f) in order to reflect the 2000 renumbering of AS 15.13.120 .

In 2020, in paragraphs (a)(2) and (3), “ AS 15.13.040(r) ” was substituted for “ AS 15.13.040(s) ” to reflect the relettering of that subsection. Paragraphs (a)(2) and (3) were added by 2020 General Election Ballot Measure No. 2. To conform the initiative to the style of the Alaska Statutes, minor editorial changes were made including substituting semicolons for the internal periods in the paragraphs and minor wording changes were made, including inserting “a person who” as the lead-in to the paragraphs (a)(1) – (5), deleting “a person who” from paragraphs (a)(2) – (4) and rewording (a)(5) to avoid the use of the passive voice.

Cross references. —

For criminal penalties for violations of this chapter, see AS 15.56.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in (a), added the (a)(1), (4), and (5) designations, added (a)(2) and (3), in (a)(4), deleted “A person who” at the beginning, and “a provision requiring registration or filing of a report within a time required” following “except”, in (a)(5), at the beginning, substituted “is assessed a civil penalty may submit to the commission an affidavit stating facts in mitigation; however,” for “. An affidavit stating facts in mitigation may be submitted to the commission by a person against whom a civil penalty is assessed. However”.

Notes to Decisions

Penalty cannot be obviously unreasonable. —

The penalty cannot be so severe and oppressive as to be wholly disproportioned to the offense and obviously unreasonable. The standard is one of obvious unreasonableness. VECO Int'l v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988).

Statement of reasons for maximum penalties. —

A statement of reasons should be given by the commission when it imposes the maximum civil penalties under this section. VECO Int'l v. Alaska Pub. Offices Comm'n, 753 P.2d 703 (Alaska 1988).

Costs and fees. —

Costs and fees awarded against a limited liability company (LLC) were not part of the excessive-penalty analysis because the compensatory nature of the costs and fees meant that they were not intended to penalize a person who committed a violation of the Alaska campaign finance laws and were imposed without specific regard for the seriousness of the offense. RBG Bush Planes, LLC v. Alaska Pub. Offices Comm'n, 361 P.3d 886 (Alaska 2015).

Stated in

State v. Marshall, 633 P.2d 227 (Alaska 1981); Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Sec. 15.13.400. Definitions.

In this chapter,

History. (§ 24 ch 48 SLA 1996; am § 39 ch 21 SLA 2000; am §§ 25, 26 ch 1 SLA 2002; am §§ 8, 9 ch 1 TSSLA 2002; am § 7 ch 3 SLA 2002; am §§ 18, 19 ch 108 SLA 2003; am § 2 ch 90 SLA 2006; am §§ 7 — 9 ch 73 SLA 2010; am § 3 ch 44 SLA 2012; am § 4 ch 9 SLA 2014; §§ 16 — 19, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

The paragraphs in this subsection were renumbered in 2002 and 2020 to maintain alphabetical order. Renumbered in 2002 to retain alphabetical order. In 2010, in paragraph (15), “ AS 15.80.010 ” was substituted for “ AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Paragraphs (5), (15), and (19) were added by 2020 General Ballot Measure No. 2. To conform to the style of the Alaska Statutes, minor editorial changes were made including substituting semicolons for internal periods in the paragraphs.

Administrative Code. —

For campaign disclosure, see 2 AAC 50, art. 2.

Effect of amendments. —

The 2014 amendment, effective April 23, 2014, made stylistic changes in (9).

The 2020 amendment, effective February 28, 2021, in (4)(B)(iii), substituted “describing members of the party running as candidates for public office in that election” for “describing the party’s slate of candidates for election”, following “each political party” and deleted “party’s” following “information about the”; added (17) [now(5)], (18) [now (19)] and (19) [now(15)]).

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, the 2010 amendments of the provisions of paragraphs (4), (6), and (8) of this section that relate to initiative proposals apply “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Opinions of attorney general. —

The statutory limit under AS 15.13.070(a) is applicable to “control groups” under former AS 15.13.130 . Exempting such groups from the contribution limit would seriously undermine the statute’s primary purpose of deterring the buying of elections and the undue influence of large contributors. June 15, 1987, Op. Att’y Gen.

Notes to Decisions

Constitutionality. —

Under the First Amendment, former AS 15.13.400 (3)(B)(i) was unconstitutional to the extent that it limited the volunteering of professional services by individuals, but the statute was constitutional as to the ban on the provision of volunteer services by corporations. Jacobus v. Alaska, 338 F.3d 1095 (9th Cir. Alaska 2003), overruled in part, Bd. of Trs. of the Glazing Health & Welfare Trust v. Chambers, 941 F.3d 1195 (9th Cir. Nev. 2019).

Alaska’s campaign finance law, AS 15.13.030 et seq., does not violate pro-life association’s First Amendment rights because this section’s definition of “electioneering communication” is not unconstitutionally vague or overbroad either facially or as applied, and the reporting and disclosure provisions are reasonable and serve a significant state interest. Alaska Right to Life Comm. v. Miles, 441 F.3d 773 (9th Cir. Alaska), cert. denied, 549 U.S. 886, 127 S. Ct. 261, 166 L. Ed. 2d 151 (U.S. 2006).

In action alleging that Alaska law regulating campaign contributions violated First Amendment, individual-to-candidate and individual-to-group contribution limits, as well as annual limits on what political party could contribute to candidate, were upheld because they were narrowly tailored to prevent quid pro quo corruption or its appearance and thus did not impermissibly infringe constitutional rights; annual aggregate limit on contributions candidate could accept from nonresidents of Alaska, which at most, targeted contributors' influence over Alaska politics, did not target important state interest and, therefore, violated First Amendment. Thompson v. Hebdon, 909 F.3d 1027 (9th Cir. Alaska 2018), vacated, — U.S. —, 140 S. Ct. 348, 205 L. Ed. 2d 245 (U.S. 2019), sub. op., — F.3d — (9th Cir. 2021), op. withdrawn, — F.3d — (9th Cir. 2021).

Expenditure. —

Alaska Public Offices Commission properly assessed a fine against a national political organization because the organization's actions in engaging an Alaska media consultant to reserve television advertising time prior to a gubernatorial primary race constituted expenditures for the purposes of Alaska's campaign finance registration statutes. Republican Governors Ass'n v. Alaska Pub. Offices Comm'n, 485 P.3d 545 (Alaska 2021).

Applied in

Jacobus v. Alaska, 182 F. Supp. 2d 893 (D. Alaska 2001).

Quoted in

State v. Alaska Civil Liberties Union, 978 P.2d 597 (Alaska 1999).

Cited in

Libertarian Party of Alaska, Inc. v. State, 101 P.3d 616 (Alaska 2004); Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Chapter 15. Elections and Ballots.

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to certain sections in this chapter, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Editor's notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended certain sections in this chapter, provides that “[t]he provisions of this act are independent and severable. If any provision of this act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this act shall not be affected and shall be given effect to the fullest extent possible.”

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 190-220.

Admissibility of election ballots in quo warranto proceedings. 71 ALR2d 353.

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.

History. (§ 3.01 ch 83 SLA 1960; am § 5 ch 80 SLA 1963; am § 37 ch 100 SLA 1980; am § 1 ch 74 SLA 1991)

Administrative Code. —

For administrative complaint procedure for violations of the Help America Vote Act of 2002, see 6 AAC 25, art. 2.

For absentee and questioned voting, see 6 AAC 25, art. 3.

For election pamphlet, see 6 AAC 25, art. 4.

For administration of local and regional elections, see 6 AAC 27.

For statewide election districts and election district precincts, see 6 AAC 100.

For House District 10 — Fairbanks/Fort Wainwright, see 6 AAC 110.

For House District 11 — North Pole, see 6 AAC 111.

For House District 30 — Lore/Fairbanks, see 6 AAC 130.

For House District 31 — Huffman/Ocean View, see 6 AAC 131.

Notes to Decisions

There appears to be no legislative history pertaining particularly to this section. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The director has the option of issuing certain regulations for the administration of elections or, in the alternative, to decline to issue such regulations. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Legislative intent that Administrative Procedure Act apply mandatorily. —

The presence of the clause referring to the Administrative Procedure Act (AS 44.62) in this section reflects the legislature’s intention that the Administrative Procedure Act be mandatorily applied to regulations promulgated in accordance with that provision. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

If the lieutenant governor (now director) elects to issue regulations under the enactment, then such regulations must be promulgated under the procedural safeguards afforded by the Administrative Procedure Act (AS 44.62). Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

References to Administrative Procedure Act in section and AS 15.10.030 are similar. —

The wording of the reference to the Administrative Procedure Act (AS 44.62) in AS 15.10.030 is quite similar to that used in this section. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

The only difference between the operational portions of AS 15.10.030 and AS 15.15.010 is that in the former, the verb “may” follows the clause referring to the Administrative Procedure Act (AS 44.62) while in the latter, it precedes the clause referring to the Administrative Procedure Act. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Regulation upheld. —

A regulation requiring independent gubernatorial candidates to submit nominating petitions signed by qualified voters equal in number to at least one percent of those voting in the previous general election, adopted pursuant to authority delegated to the director of elections by this section to govern the 1986 election, did not conflict with any statute in effect, was consistent with expressed legislative intent, and was neither unreasonable nor arbitrary. After a state supreme court decision rendered the provision of former AS 15.25.160 which governed the number of signatures required for a nominating petition null and void, the division of elections properly promulgated the regulation at issue for the administration of the 1986 election. Denardo v. State, 741 P.2d 1197 (Alaska 1987).

AS 15.15.330 to be read with requirements of this section. —

See Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Regulations under former “early count” provisions of AS 15.15.330 concerning the early tallying of ballots in selected precincts qualified as “regulations . . . necessary for the administration of elections to protect the interest of the voter and assure administrative efficiency . . . .” within the meaning of this section. Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Applied in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978).

Stated in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000); Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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.

History. (§ 3.02 ch 83 SLA 1960)

Sec. 15.15.025. Top four nonpartisan open primary.

A voter qualified under AS 15.05 may cast a vote for any candidate for each elective state executive and state and national legislative office, without limitations based on the political party or political group affiliation of either the voter or the candidate.

History. (§ 20, 2020 General Election Ballot Measure 2)

Revisor's notes. —

This section was enacted as AS 15.15.005. Renumbered in 2020.

Effective dates. —

Section 20, 2020 General Election Ballot Measure No. 2 makes this section effective February 28, 2021.

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:

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.
The director shall number ballots in series to ensure simplicity and secrecy and to prevent fraud.
The director shall contract for the preparation of ballots under AS 36.30 (State Procurement Code).
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.
The names of the candidates shall be placed in separate sections on the state general election ballot under the office designation to which they were nominated. If a candidate is registered as affiliated with a political party or political group, the party affiliation, if any, may be designated after the name of the candidate, upon request of the candidate. If a candidate has requested designation as nonpartisan or undeclared, that designation shall be placed after the name of the candidate. If a candidate is not registered as affiliated with a political party or political group and has not requested to be designated as nonpartisan or undeclared, the candidate shall be designated as undeclared. The lieutenant governor and the governor shall be included under the same section. Provision shall be made for voting for write-in candidates within each section. Paper ballots for the state general election shall be printed on white paper.
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.
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.
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.”
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.”
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:
1. “Shall . . . . . . . be retained as justice of the supreme court for 10 years?”;
2. “Shall . . . . . . . be retained as judge of the court of appeals for eight years?”;
3. “Shall . . . . . . . be retained as judge of the superior court for six years?”; or
4. “Shall . . . . . . . be retained as judge of the district court for four years?”
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:
The director may provide for the optical scanning of ballots where the requisite equipment is available.
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.
The director shall include the following statement on the ballot:
Instead of the statement provided by (14) of this section, when candidates for President and Vice-President of the United States appear on a general election ballot, the director shall include the following statement on the ballot:
The director shall design the general election ballots so that the candidates are selected by ranked-choice voting.
The director shall design the general election ballot to direct the voter to mark candidates in order of preference and to mark as many choices as the voter wishes, but not to assign the same ranking to more than one candidate for the same office.

“Bonds. . . . . . . Yes” or “Bonds. . . . . . . No,”

followed by an appropriate oval.

A candidate's designated affiliation does not imply that the candidate is nominated or endorsed by the political party or group or that the party or group approves of or associates with that candidate, but only that the candidate is registered as affiliated with the political party or political group.

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A candidate's designated affiliation does not imply that the candidate is nominated or endorsed by the political party or political group or that the political party or political group approves of or associates with that candidate, but only that the candidate is registered as affiliated with the party or group. The election for President and Vice-President of the United States is different. Some candidates for President and Vice-President are the official nominees of their political party.

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History. (§ 3.03 ch 83 SLA 1960; am §§ 5 — 7 ch 125 SLA 1962; am § 6 ch 80 SLA 1963; am § 1 ch 72 SLA 1967; am §§ 7, 8 ch 228 SLA 1968; am § 1 ch 18 SLA 1969; am § 6 ch 38 SLA 1974; am § 1 ch 120 SLA 1975; am § 21 ch 12 SLA 1980; am § 38 ch 100 SLA 1980; am § 6 ch 67 SLA 1989; am § 5 ch 58 SLA 1995; am § 15 ch 86 SLA 1996; am § 5 ch 63 SLA 1998; am § 40 ch 21 SLA 2000; am §§ 13, 14, 92 ch 82 SLA 2000; am §§ 2, 3 ch 6 SLA 2002; am §§ 1, 2 ch 154 SLA 2004; am §§ 11, 12 ch 2 FSSLA 2005; am § 1 ch 58 SLA 2013; §§ 21 and 22, 2020 General Election Ballot Measure 2)

Revisor’s notes. —

Paragraph (13) was enacted as (14). Renumbered in 1998, at which time former (13) was renumbered as (12) to reflect the 1963 repeal of former (12). Paragraphs (12) and (13), formerly (13) and (14), were again renumbered in 2010 to reflect the 2000 repeal of former paragraph (12).

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2013 amendment, effective September 24, 2013, in (2), substituted “ensure” for “assure”; in (3), substituted “shall contract” for “may contract for the preparation of the ballots on a regional basis if necessary and may contract”, substituted “under AS 36.30 (State Procurement Code)” for “without obtaining competitive bids”; in (10), moved “provision shall be made for marking each question ‘Yes’ or ‘No’ ”, from the end of the paragraph to appear following “candidate is seeking approval”; made stylistic and related changes.

The 2020 amendment, effective February 28, 2021, in (5), in the first sentence, deleted “and their party designations” following “the candidates”, rewrote the second sentence, which read, “The party affiliation, if any, shall be designated after the name of the candidate.”, added the third and fourth sentences, in the sixth sentence deleted “and no-party” following “write-in”; added (14) – (17).

Editor’s notes. —

Under sec. 2, ch. 58, SLA 2013, the 2013 changes to this section are applicable to contracts for the preparation of ballots for elections conducted on or after January 1, 2014.

Notes to Decisions

Annotator’s notes. —

Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (1917), cited in some of the cases below, was decided under former law.

Ballot need not be exactly in the form prescribed by statute. —

It is not of the essence of the system that the official ballot should be exactly in the form prescribed by the statute. Trifling variations not affecting the central ideas of the “officialness” and “indistinguishableness” of the ballot would be unimportant. Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

Methodology. —

Manual count of write-in votes complied with Alaska law and did not violate the nominee’s right to equal protection; the methodology used was applied to every precinct, and all ballots and candidates were given equal treatment. Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

No nonofficial ballot should be taken as the expression of the will of the electors or should have any efficacy whatsoever. Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

A nonofficial ballot is not a ballot at all; it is not simply an illegal ballot; it is a void ballot. Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

Except under AS 15.15.140 . —

The “official ballot” is the only instrument by means of which the elector can express his will at the election, save in the exceptional case provided for in AS 15.15.140 . Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

For background and evils intended to be remedied by use of official ballot, see Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

Positional bias on ballot. —

The legislature is not required to use the fairest method of allocating the benefit of positional bias on the ballot; a reasonable, nondiscriminatory method is sufficient. Sonneman v. State, 969 P.2d 632 (Alaska 1998).

Random order of names on ballot constitutional. —

The 1995 amendment to AS 15.15.030 (6), which replaced rotation of candidates’ names on election ballots with random determination of the order of names, does not impermissibly burden the right to vote or violate the requirements of the Alaska Constitution that elections be based on the will of the people, and that legislators and the governor be elected. Sonneman v. State, 969 P.2d 632 (Alaska 1998).

Cited in

Carr v. Thomas, 586 P.2d 622 (Alaska 1978); Short v. State, 600 P.2d 20 (Alaska 1979).

Quoted in

State v. Galvin, 491 P.3d 325 (Alaska 2021).

Sec. 15.15.032. Use of electronically generated ballots.

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.
Software for voting by use of electronically generated ballots shall be tested and certified under AS 15.20.900 .
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.

History. (§ 3 ch 154 SLA 2004)

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.

History. (§ 9 ch 228 SLA 1968; am § 39 ch 100 SLA 1980)

Sec. 15.15.040. Preparation of other election materials.

The director shall prescribe the form of and prepare tinted sample ballots and all other materials, forms, and supplies required for the election.
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.
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.

History. (§ 3.04 ch 83 SLA 1960; am § 11 ch 136 SLA 1966; am § 16 ch 116 SLA 1972; am § 1 ch 70 SLA 1973; am § 16 ch 197 SLA 1975; am § 40 ch 100 SLA 1980; am § 10 ch 113 SLA 2003; am § 1 ch 38 SLA 2006)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

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.

History. (§ 3.05 ch 83 SLA 1960; am § 12 ch 136 SLA 1966; am § 17 ch 116 SLA 1972; am § 41 ch 100 SLA 1980)

Revisor’s notes. —

In 2000, “chairpersons” was substituted for “chairmen” in accordance with sec. 95(4), ch. 82, SLA 2000.

Notes to Decisions

Exception to time requirement for 1978 election. —

In an order issued on October 20, 1978, in appeal from summary judgment in an election contest, the supreme court held that the lieutenant governor (now director) was authorized to distribute sample and official ballots, original registers, duplicate registers and other forms and supplies to election supervisors, as required by this section, as late as 10 days before the date of the 1978 general election, to be held on November 7, 1978. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Sec. 15.15.060. Polling places, voting booths, and supplies.

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.
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.
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.
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.
In each polling place, the director shall require to be posted, in a location conspicuous to a person who will be voting, the following notice, written in bold:

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History. (§ 3.06 ch 83 SLA 1960; am § 13 ch 136 SLA 1966; am § 42 ch 100 SLA 1980; am §§ 6, 7 ch 58 SLA 1995; am § 41 ch 21 SLA 2000; § 23, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, added (e).

Sec. 15.15.070. Public notice of election required.

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.
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.
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.
The first publication, broadcast, or posting of the notice shall be made not less than 10 days before the election.
[Repealed, § 15 ch 82 SLA 2000.]
[Repealed, § 15 ch 82 SLA 2000.]
The director shall pay the cost of election expenses incurred in giving notice of an election.
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.

History. (§ 3.07 ch 83 SLA 1960; am § 8 ch 125 SLA 1962; am § 10 ch 228 SLA 1968; am §§ 43 — 46 ch 100 SLA 1980; am § 5 ch 85 SLA 1986; am §§ 2 — 4 ch 74 SLA 1991; am § 2 ch 6 SLA 1993; am § 42 ch 21 SLA 2000; am §§ 15 — 17, 92 ch 82 SLA 2000)

Revisor’s notes. —

The amendment made by sec. 42, ch. 21, SLA 2000 was not given effect because the amendment made by sec. 15, ch. 82, SLA 2000 superseded it.

Notes to Decisions

Exception to time requirement for 1978 election. —

In an order issued on October 20, 1978, in appeal from summary judgment in an election contest, the supreme court held that the lieutenant governor (now director) was authorized to announce the general election, as required by this section, by publication of the date and nature of the election as late as 10 days before the 1978 general election, to be held on November 7, 1978. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Collateral references. —

What is “public place” within requirement as to posting of election notices. 90 ALR2d 1210.

What constitutes newspaper of general circulation within meaning of state statutes requiring publication of official notices and the like in such newspaper. 24 ALR4th 822.

Sec. 15.15.080. Time for opening and closing polls.

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.
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.

History. (§ 3.08 ch 83 SLA 1960; am § 11 ch 228 SLA 1968; am § 18 ch 116 SLA 1972; am §§ 1, 2 ch 5 SLA 1984)

Collateral references. —

29 C.J.S., Elections, § 198.

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.

History. (§ 8 ch 38 SLA 1974; am § 47 ch 100 SLA 1980)

Revisor’s notes. —

In 2000, “chairperson” was substituted for “chairman” in accordance with sec. 95(3), ch. 82, SLA 2000.

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.

History. (§ 3.10 ch 83 SLA 1960)

Cross references. —

For penalty for refusal to allow employees time off to vote, see AS 15.56.100 .

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.

History. (§ 3.11 ch 83 SLA 1960; am § 19 ch 116 SLA 1972; am § 18 ch 82 SLA 2000)

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.

History. (§ 3.12 ch 83 SLA 1960; am § 14 ch 136 SLA 1966; am § 48 ch 100 SLA 1980; am § 19 ch 82 SLA 2000)

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.

History. (§ 3.13 ch 83 SLA 1960; am § 20 ch 82 SLA 2000)

Sec. 15.15.140. Permitted use of unofficial ballots.

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.
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.
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.
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.

History. (§ 3.14 ch 83 SLA 1960; am § 49 ch 100 SLA 1980; am § 16 ch 86 SLA 1996; am §§ 21, 22 ch 82 SLA 2000)

Notes to Decisions

Use of unofficial ballot. —

For case construing former law providing when unofficial ballot could be used, see Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

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.

History. (§ 3.15 ch 83 SLA 1960)

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.

History. (§ 3.16 ch 83 SLA 1960; am § 23 ch 82 SLA 2000)

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.

History. (§ 3.17 ch 83 SLA 1960; am § 20 ch 116 SLA 1972; am § 50 ch 100 SLA 1980; am § 24 ch 82 SLA 2000)

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.

History. (§ 3.18 ch 83 SLA 1960; am § 15 ch 136 SLA 1966; am § 9 ch 38 SLA 1974; am § 51 ch 100 SLA 1980; am § 25 ch 82 SLA 2000)

Notes to Decisions

Quoted in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978).

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

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 .

History. (§ 52 ch 100 SLA 1980; am § 26 ch 82 SLA 2000)

Collateral references. —

Constitutionality of voter participation provisions for primary elections. 120 ALR5th 125.

Sec. 15.15.198. Voters not on official registration list.

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.
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.

History. (§ 52 ch 100 SLA 1980; am § 6 ch 85 SLA 1986; am § 13 ch 111 SLA 1994; am § 17 ch 86 SLA 1996; am § 27 ch 82 SLA 2000; am § 11 ch 113 SLA 2003)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

There is no constitutional requirement of precinct residency, and there is clear statutory authorization for persons claiming to be registered voters to vote a questioned ballot if there is no evidence of registration in the precinct in which the voter seeks to vote. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.15.213 ).

Cross-precinct voting authorized. —

Cross-precinct voting, which occurs when a voter registered in one precinct votes a questioned ballot in a different precinct in the same election district is authorized by statute. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.15.213 ).

Waiver of challenges to validity of cross-district voting. —

Challenges to the validity of cross-district voting, which occurs when a voter registered in one district casts a questioned ballot in a different district, were waived if not raised before the ballots were separated and commingled. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.15.213 ).

Collateral references. —

Constitutionality of voter participation provisions for primary elections. 120 ALR5th 125.

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

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.

History. (§ 3.21 ch 83 SLA 1960; am § 17 ch 136 SLA 1966; am § 22 ch 116 SLA 1972; rp § 231 ch 100 SLA 1980; § 36 ch 59 SLA 1982; am § 18 ch 86 SLA 1996; am § 28 ch 82 SLA 2000)

Notes to Decisions

Cited in

O'Callaghan v. State, 826 P.2d 1132 (Alaska 1992).

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

Sec. 15.15.215. Disposition of questioned votes.

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 .
[Repealed, § 231 ch 100 SLA 1980.]

History. (§ 1 ch 120 SLA 1968; am § 17 ch 197 SLA 1975; am §§ 55, 231 ch 100 SLA 1980; am § 19 ch 86 SLA 1996; am § 29 ch 82 SLA 2000)

Notes to Decisions

Former provisions concerning paper ballots construed. —

See Carr v. Thomas, 586 P.2d 622 (Alaska 1978); Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Legislative intent in enacting section. —

See Carr v. Thomas, 586 P.2d 622 (Alaska 1978).

Failure to comply strictly with section does not invalidate ballots. —

The legislature has not indicated that failure to comply strictly with this section should cause ballots to be invalidated. Carr v. Thomas, 586 P.2d 622 (Alaska 1978).

Although this section uses the word “shall” rather than “may,” many election cases regard the word “shall” as directory in post-election cases and failure to follow strictly such requirements does not result in ballots being declared invalid. Furthermore, even where statutory terms have been construed as mandatory, it has been held that the right to vote is a superseding mandate. Carr v. Thomas, 586 P.2d 622 (Alaska 1978).

Cross-precinct voting authorized. —

Waiver of challenges to validity of cross-district voting. —

Challenges to the validity of cross-district voting which occurs when a voter registered in one district casts a questioned ballot in a different district, are waived if not raised before the ballots are separated and commingled. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (1979). See now AS 15.20.211 .

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.

History. (§ 3.22 ch 83 SLA 1960; am § 56 ch 100 SLA 1980; am § 30 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Sec. 15.15.225. Voter identification at polls.

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.
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 .
A voter who cannot exhibit a required form of identification shall be allowed to vote a questioned ballot.

History. (§ 57 ch 100 SLA 1980; am §§ 31, 32 ch 82 SLA 2000; am §§ 12, 13 ch 113 SLA 2003)

Notes to Decisions

Applied in

Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Collateral references. —

Constitutionality of voter participation provisions for primary elections. 120 ALR5th 125.

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.

History. (§ 3.23 ch 83 SLA 1960; am § 58 ch 100 SLA 1980; am § 33 ch 82 SLA 2000)

Notes to Decisions

The official ballot is to be handed to the voter by the judges. Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917) (decided under former law).

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.

History. (§ 3.24 ch 83 SLA 1960; am § 9 ch 125 SLA 1962; am § 59 ch 100 SLA 1980; am § 34 ch 82 SLA 2000)

Notes to Decisions

Applied in

Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

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.

History. (§ 3.25 ch 83 SLA 1960; am § 7 ch 80 SLA 1963; am § 35 ch 82 SLA 2000)

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.

History. (§ 3.26 ch 83 SLA 1960; am § 1 ch 102 SLA 1978; am § 60 ch 100 SLA 1980; am § 36 ch 82 SLA 2000)

Sec. 15.15.270. Leaving polling place with ballot prohibited.

A voter may not leave the polling place with the official ballot that the voter received to mark.

History. (§ 3.27 ch 83 SLA 1960)

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.

History. (§ 3.28 ch 83 SLA 1960)

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.

History. (§ 3.29 ch 83 SLA 1960)

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.

History. (§ 3.30 ch 83 SLA 1960; am § 61 ch 100 SLA 1980)

Notes to Decisions

A ballot upon which the voter signed his or her name was not “exhibited” within the meaning of AS 15.15.280 and this section and did not need to be declared a “spoiled ballot” and destroyed. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

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.

History. (§ 3.31 ch 83 SLA 1960)

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.

History. (§ 3.32 ch 83 SLA 1960)

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.

History. (§ 3.33 ch 83 SLA 1960; am § 14 ch 228 SLA 1968; am § 24 ch 116 SLA 1972; am § 62 ch 100 SLA 1980; am § 37 ch 82 SLA 2000)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Notes to Decisions

Construction of “early count” regulations authorized under section prior to 1980 amendment. —

See Coghill v. Boucher, 511 P.2d 1297 (Alaska 1973).

Former provisions concerning paper ballots construed. —

See Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

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.

History. (§ 3.34 ch 83 SLA 1960; am § 15 ch 228 SLA 1968; am § 25 ch 116 SLA 1972; am § 63 ch 100 SLA 1980; am § 38 ch 82 SLA 2000)

Sec. 15.15.350. General procedure for ballot count.

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.
Ballots may not be counted before 8:00 p.m., local time, on the day of the election.
All general elections shall be conducted by ranked-choice voting.
When counting ballots in a general election, the election board shall initially tabulate each validly cast ballot as one vote for the highest-ranked continuing candidate on that ballot or as an inactive ballot. If a candidate is highest-ranked on more than one-half of the active ballots, that candidate is elected and the tabulation is complete. Otherwise, tabulation proceeds in sequential rounds as follows:
1. if two or fewer continuing candidates remain, the candidate with the greatest number of votes is elected and the tabulation is complete; otherwise, the tabulation continues under (2) of this subsection;
2. if the candidate with the fewest votes is defeated, votes cast for the defeated candidate shall cease counting for the defeated candidate and shall be added to the totals of each ballot's next-highest-ranked continuing candidate or considered an inactive ballot under (g)(2) of this section, and a new round begins under (1) of this subsection.
When counting general election ballots,
1. a ballot containing an overvote shall be considered an inactive ballot once the overvote is encountered at the highest ranking for a continuing candidate;
2. if a ballot skips a ranking, then the election board shall count the next ranking. If the next ranking is another skipped ranking, the ballot shall be considered an inactive ballot once the second skipped ranking is encountered; and
3. in the event of a tie between the final two continuing candidates, the procedures in AS 15.15.460 and AS 15.20.430 — 15.20.530 shall apply to determine the winner of the general election; in the event of a tie between two candidates with the fewest votes, the tie shall be resolved by lot to determine which candidate is defeated.
The election board may not count an inactive ballot for any candidate.
In this section,
1. “continuing candidate” means a candidate who has not been defeated;
2. “inactive ballot” means a ballot that is no longer tabulated, either in whole or in part, by the division because it does not rank any continuing candidate, contains an overvote at the highest continuing ranking, or contains two or more sequential skipped rankings before its highest continuing ranking;
3. “overvote” means an instance where a voter has assigned the same ranking to more than one candidate;
4. “ranking” or “ranked” means the number assigned by a voter to a candidate to express the voter's choice for that candidate; a ranking of “1” is the highest ranking, followed by “2,” and then “3,” and so on;
5. “round” means an instance of the sequence of voting tabulation in a general election;
6. “skipped ranking” means a blank ranking on a ballot on which a voter has ranked another candidate at a subsequent ranking.

History. (§ 3.35 ch 83 SLA 1960; am § 16 ch 228 SLA 1968; am § 18 ch 197 SLA 1975; am § 64 ch 100 SLA 1980; am § 39 ch 82 SLA 2000; am § 13 ch 2 FSSLA 2005; § 24, 2020 General Election Ballot Measure 2)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, added (c) – (g).

Collateral references. —

Injunction against canvassing of votes and declaring result of election. 1 ALR2d 588.

Sec. 15.15.360. Rules for counting ballots.

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. In a general election, a voter may mark a ballot that requires the voter to vote for candidates in order of ranked preference by the use of numerals that are clearly spaced in one of the ovals opposite the name of the candidate 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 more names than there are persons to be elected to the office, the votes for candidates for that office may not be counted.
4. 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.
5. Improper marks on the ballot may not be counted and do not invalidate marks for candidates properly made.
6. An erasure or correction invalidates only that section of the ballot in which it appears.
7. 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.
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.
[Repealed, § 24 ch 113 SLA 2003.]
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.

(9) [Repealed, § 3 ch 10 SLA 2011.]

(10) [Repealed, § 3 ch 10 SLA 2011.]

(11) [Repealed, § 3 ch 10 SLA 2011.]

(12) [Repealed, § 3 ch 10 SLA 2011.]

History. (§ 3.36 ch 83 SLA 1960; am §§ 10 — 12 ch 125 SLA 1962; am §§ 8 — 10 ch 80 SLA 1963; am § 1 ch 136 SLA 1966; am § 24 ch 69 SLA 1970; am § 26 ch 116 SLA 1972; am § 65 ch 100 SLA 1980; am § 40 ch 82 SLA 2000; am §§ 14, 24 ch 113 SLA 2003; am §§ 1, 3 ch 10 SLA 2011; § 25, 2020 General Election Ballot Measure 2)

Revisor's notes. —

Former paragraph (a)(4) [now (a)(3)] of this section was omitted when this section was set out in 2020 General Election Ballot Measure 2. The legal effect of this is uncertain. The revisor has retained paragraph (a)(4) [now (a)(3)] in this section.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in (a)(1), added the second sentence, deleted (a)(2), which read, “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.” and (a)(3), which read, “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.”, and made related changes.

Notes to Decisions

Completely filled-in boxes are to be counted. Hickel v. Thomas, 588 P.2d 273 (Alaska 1978).

Marking oval. —

This section mandates that the write-in voter mark the oval in some fashion; a blank oval would invalidate the vote, and writing in the name but not marking the oval was not compliant with the statute, such that the candidate was not entitled to declaratory judgment that AS 15.15.360 should be interpreted to excuse write-in voters from marking ovals as required by law. Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Minor variations. —

Abbreviations, misspellings, or other minor variations in the form of the name of a candidate should be disregarded in determining the validity of the ballot, so long as the intention of the voter could be ascertained; this interpretation treats overseas and domestic Alaskan voters equally, ensuring that each write-in vote is treated equally and counted in the same manner. Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

State officials’ action in establishing a policy of counting write-in votes with misspellings, in apparent contravention of this section, did not violate U.S. Const. art. I, § 4, cl. 1, where the Alaska Supreme Court’s interpretation of the poorly drafted statute was plausible. The federal court declined to second-guess findings that the candidate’s statutory interpretation would have eroded the integrity of the election system and that voter intent was paramount. It further refused to find that the Alaska Supreme Court’s interpretation was in violation of the equal protection clause of the United States Constitution. Miller v. Treadwell, 736 F. Supp. 2d 1240 (D. Alaska 2010).

Punch-card ballots marked entirely by pen instead of punched are valid because they provide clear evidence of the voters’ intent. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Boxes completely filled in over prior mark are to be counted. Hickel v. Thomas, 588 P.2d 273 (Alaska 1978).

Ballot overmarked. —

Voter's intent was not clear since both the X and filled-in oval were valid marks for selecting a candidate, and the voter used valid marks in the ovals for each candidate; therefore, the ballot had been over-marked, and not counting this ballot was proper. Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Ballots did not contain overvotes. —

Two ballots were improperly categorized as containing overvotes where the voters had completely shaded the ovals for the candidate and all other races on the ballot, there was only a trace touching the edge of the oval next to the opponent’s name, and thus, the voters had clearly intended to vote for only one candidate. Edgmon v. State, 152 P.3d 1154 (Alaska 2007).

Ballot was improperly categorized as containing overvotes where the voter had placed an “X” in the oval next to a candidate’s name, the “X” was consistent with the votes cast on the remainder of the ballot, and thus, the line striking through the opponent’s name and the oval next to it was not a vote for that candidate. Edgmon v. State, 152 P.3d 1154 (Alaska 2007).

Construction of “overvotes”. —

Reading subsections (a)(1) and (a)(5) of this section together, an overvote occurs if the voter has voted for two candidates with marks as defined by subsection (a)(1) that clearly indicate the voter’s intent to vote for more than one candidate. Edgmon v. State, 152 P.3d 1154 (Alaska 2007).

Use of punch-card machine not required. —

Neither this section nor former AS 15.20.730 (rules for counting punch-card ballots) require voters to use a punch-card machine if one is available, but only specify the manner of counting properly punched and hand-marked ballots. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Former paragraph unconstitutional. —

Former paragraph of this section, which was repealed in 1970, added to the qualifications established by U.S. Const., art. I, § 3, and was therefore unconstitutional. Benesch v. Miller, 446 P.2d 400 (Alaska 1968).

The over-all effect of former paragraph of this section was that of adding to the qualifications established by U.S. Const., art. I, § 3, the additional qualification that in order to be a candidate at the general election, the candidate must not have been defeated in the primary election for that office. Benesch v. Miller, 446 P.2d 400 (Alaska 1968).

Collateral references. —

Validity where candidate’s surname only is written in on ballot. 86 ALR2d 1025.

Sec. 15.15.361. Stickers.

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

History. (§ 66 ch 100 SLA 1980; am § 41 ch 82 SLA 2000)

Sec. 15.15.365. Counting of write-in votes in general election.

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 .
Write-in votes that do not meet the requirements of this section may not be individually counted under this section.
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) .
This section does not apply to the counting of federal write-in absentee ballots submitted under 42 U.S.C. 1973ff.
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.

History. (§ 2 ch 10 SLA 2011)

Editor’s notes. — This section refers to 42 U.S.C. 1973ff, which was renumbered in 2014 as 52 U.S.C. 20301, by the U.S. House of Representatives, Office of Law Revision Counsel.

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, including, for a candidate in a general election, the number of votes at each round of the ranked-choice tabulation process under AS 15.15.350 , the number of votes 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 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 ensure 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.

History. (§ 3.37 ch 83 SLA 1960; am § 11 ch 80 SLA 1963; am § 67 ch 100 SLA 1980; am § 44 ch 13 SLA 2019; § 26, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in the seventh sentence, deleted “, telegram,” following “by telephone”; substituted “ensure” for “assure” in the eighth sentence and made a stylistic change.

The 2020 amendment, effective February 28, 2021, in the second sentence, inserted “including, for a candidate in a general election, the number of votes at each round of the ranked-choice tabulation process under AS 15.15.350 , the number of votes” following “cast for each candidate,”.

Notes to Decisions

For construction of prior law, see Territory ex rel. Sulzer v. Canvassing Bd., 5 Alaska 602 (D. Alaska 1917).

Cited in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978); Thomas v. Croft, 614 P.2d 795 (Alaska 1980).

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.

History. (§ 3.38 ch 83 SLA 1960; am § 17 ch 228 SLA 1968; am § 27 ch 116 SLA 1972; am § 1 ch 85 SLA 1975; am § 1 ch 70 SLA 1978; am § 68 ch 100 SLA 1980)

Revisor’s notes. —

In 2000, “chairpersons” was substituted for “chairmen” in accordance with sec. 95(4), ch. 82, SLA 2000, and “chairperson” was substituted for “chairman” to be consistent with the instruction set out in sec. 95(3), ch. 82, SLA 2000.

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.

History. (§ 3.39 ch 83 SLA 1960; am § 69 ch 100 SLA 1980; am § 42 ch 82 SLA 2000)

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.

History. (§ 3.40 ch 83 SLA 1960; am § 70 ch 100 SLA 1980)

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.

History. (§ 3.41 ch 83 SLA 1960; am § 71 ch 100 SLA 1980)

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.

History. (§ 3.42 ch 83 SLA 1960; am § 72 ch 100 SLA 1980)

Sec. 15.15.430. Scope of the review of ballot counting.

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.
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.
If the director finds an unexplained discrepancy in the ballot count in any precinct, the director may count the ballots from that precinct.
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.

History. (§ 3.43 ch 83 SLA 1960; am § 12 ch 80 SLA 1963; am § 73 ch 100 SLA 1980; am § 43 ch 82 SLA 2000; am § 14 ch 2 FSSLA 2005; am § 9 ch 9 SLA 2013)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2013 amendment, effective May 10, 2013, in (a)(3), substituted “house district” for “election district” twice.

Notes to Decisions

When election certificate considered evidence of election result. —

This section, read in conjunction with AS 15.15.440 , permitted the election certificate to be considered as evidence of the election result, in the absence of evidence of fraud, corruption, or scienter on the part of any member of the election board in tallying the votes and executing the certificate. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Discard of ballots did not require that votes be disallowed. —

Although 141 ballots were discarded rather than mailed to the lieutenant governor (now director) as required by AS 15.15.370 , and this amounted to a significant deviation from the positive statutory duty placed upon the election board to mail the ballots to the lieutenant governor (now director), this deviation did not in itself require that these votes be disallowed. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

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 not 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 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.

History. (§ 3.44 ch 84 SLA 1960; am § 13 ch 125 SLA 1962; am § 13 ch 80 SLA 1963; am § 74 ch 100 SLA 1980; am § 7 ch 85 SLA 1986; am § 20 ch 86 SLA 1996; am § 45 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in the first sentence, substituted “not later than” for “no later than”; in the fifth sentence, deleted “, telegram,” following “by telephone”.

Notes to Decisions

When election certificate considered evidence of election result. —

AS 15.15.430 , read in conjunction with this section, permitted the election certificate to be considered as evidence of the election result, in the absence of evidence of fraud, corruption, or scienter on the part of any member of the election board in tallying the votes and executing the certificate. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Discard of ballots did not require that votes be disallowed. —

Although 141 ballots were discarded rather than mailed to the lieutenant governor (now director) as required by AS 15.15.370 , and this amounted to a significant deviation from the positive statutory duty placed upon the election board to mail the ballots to the lieutenant governor (now director), this deviation did not in itself, however, require that these votes be disallowed. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Stated in

Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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 nominated or elected, as applicable, 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.

History. (§ 3.45 ch 83 SLA 1960; am § 75 ch 100 SLA 1980; § 27, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in the first sentence, substituted “was nominated or elected, as applicable,” for “was a candidate as elected to that office” following “for which that person”.

Collateral references. —

Admissibility of parol evidence of election officials to impeach election returns. 46 ALR2d 1385.

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 .

History. (§ 3.46 ch 83 SLA 1960; am § 76 ch 100 SLA 1980)

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.

History. (§ 3.47 ch 83 SLA 1960; am § 14 ch 125 SLA 1962; am § 77 ch 100 SLA 1980; am § 44 ch 82 SLA 2000)

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).

History. (§ 78 ch 100 SLA 1980)

Secs. 15.15.500 — 15.15.535. [Repealed, § 1 ch 34 SLA 2001.]

Secs. 15.15.550 — 15.15.575. [Repealed, § 1 ch 34 SLA 2001.]

Chapter 20. Special Procedures for Elections.

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to certain sections in this chapter, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Editor's notes. —

Article 1. Absentee Voting.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 210(1)-210(7).

Validity of absentee voters’ laws. 97 ALR2d 218.

Construction and effect of absentee voters’ law. 97 ALR2d 257.

Sec. 15.20.010. Persons who may vote absentee.

At any election a qualified voter may vote an absentee ballot for any reason.

History. (§ 4.01 ch 83 SLA 1960; am § 79 ch 100 SLA 1980; am § 21 ch 86 SLA 1996)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Applied in

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978).

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

statewide ballot measures and questions;
candidates for federal or statewide offices;
candidates for the state senate if the voter’s former residence and present residence are in the same senate district; and
candidates for judicial retention if the voter’s former residence and present residence are in the same judicial district.

History. (§ 2 ch 80 SLA 1963; am § 43 ch 21 SLA 2000; am § 45 ch 82 SLA 2000)

Revisor’s notes. —

The 2000 amendments to this section were harmonized by the revisor.

Notes to Decisions

Requirement for residency in 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.

History. (§ 4.02 ch 83 SLA 1960; am § 80 ch 100 SLA 1980; am § 46 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

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.

History. (§ 4.03 ch 83 SLA 1960; am § 14 ch 80 SLA 1963; am § 81 ch 100 SLA 1980; am § 22 ch 86 SLA 1996; am § 15 ch 2 FSSLA 2005)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Applied in

Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

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.

History. (§ 4.04 ch 83 SLA 1960; am § 15 ch 80 SLA 1963; am § 82 ch 100 SLA 1980)

Notes to Decisions

Exception to time requirement for 1978 election. —

In an order issued on October 20, 1978, in an appeal from summary judgment in an election contest, the supreme court held that the lieutenant governor (now director) was authorized to distribute absentee ballots for redistribution by election officials, as required by this section, as late as 5 days before the 1978 election, to be held November 7, 1978. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Sec. 15.20.045. Designation of absentee voting officials and stations.

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.
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.
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.

History. (§ 19 ch 197 SLA 1975; am § 83 ch 100 SLA 1980; am § 44 ch 21 SLA 2000; am § 1 ch 35 SLA 2001; am § 12 ch 73 SLA 2013)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added (c).

Notes to Decisions

Quoted in

Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

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

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.

History. (§ 4.05 ch 83 SLA 1960; am § 85 ch 100 SLA 1980; am § 2 ch 35 SLA 2001)

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

Sec. 15.20.061. Absentee voting in person.

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.
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.
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.
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.
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.

History. (§ 86 ch 100 SLA 1980; am § 23 ch 86 SLA 1996; am § 45 ch 21 SLA 2000; am §§ 47, 48 ch 82 SLA 2000; am § 3 ch 35 SLA 2001)

Revisor’s notes. —

The amendment made by sec. 45, ch. 21, SLA 2000 was not given effect because the amendment made by sec. 47, ch. 82, SLA 2000 superceded it.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Former sections governing absentee ballot voting construed. —

See Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Cited in

Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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

Sec. 15.20.064. Early voting.

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.
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.
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.
The director shall designate locations for early voting by June 1 of an election year.

History. (§ 49 ch 82 SLA 2000; am §§ 4, 5 ch 154 SLA 2004; am § 16 ch 2 FSSLA 2005)

Notes to Decisions

Cited in

State v. Galvin, 491 P.3d 325 (Alaska 2021).

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

Sec. 15.20.066. Absentee voting by electronic transmission.

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.
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
  1. a commissioned or noncommissioned officer of the armed forces of the United States;
  2. an official authorized by federal law or the law of the state in which the absentee ballot is cast to administer an oath; or
  3. an individual who is 18 years of age or older.

History. (§ 1 ch 9 SLA 1996; am § 17 ch 2 FSSLA 2005)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

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

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

Sec. 15.20.072. Special needs voting.

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.
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.
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
  1. is receiving a ballot and voting materials on behalf of the voter;
  2. will not vote the ballot for the voter;
  3. will not coerce the voter;
  4. will not divulge the vote cast by the voter; and
  5. has been notified that unlawful interference with voting is punishable under AS 15.56.030 ;
6. the representative’s signature.
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.
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.
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.
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.

History. (§ 50 ch 82 SLA 2000; am § 4 ch 35 SLA 2001; am § 14 ch 12 SLA 2006)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Notes to Decisions

Representatives. —

Superior court erred in finding that election officials could not be special needs voters' representatives because nowhere in the applicable statute did it say that the election official and the representative could not be the same person. Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Identical mailing and residence addresses. —

A single listing meets the terms of subsection (c)(2) of this section if the mailing and residence addresses are the same. Edgmon v. State, 152 P.3d 1154 (Alaska 2007).

When mailing and residence are the same. —

It was fair to infer that personal representatives’ mailing and residence addresses were the same where they listed a street name, number, and postal code, and an elections clerk had reviewed the forms before issuing the representatives ballots. Edgmon v. State, 152 P.3d 1154 (Alaska 2007).

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

Sec. 15.20.081. Absentee voting in general; applying for absentee ballot by mail or electronic transmission.

History. (§ 87 ch 100 SLA 1980; am § 63 ch 6 SLA 1984; am §§ 9 — 11 ch 85 SLA 1986; am §§ 8 — 11 ch 67 SLA 1989; am §§ 2 — 6 ch 9 SLA 1996; am § 25 ch 86 SLA 1996; am § 7 ch 63 SLA 1998; am § 46 ch 21 SLA 2000; am §§ 15, 16 ch 113 SLA 2003; am §§ 18 — 20 ch 2 FSSLA 2005; am §§ 1 — 3 ch 4 SLA 2006; am §§ 13 — 15, 44 ch 73 SLA 2013; §§ 28 and 29, 2020 General Election Ballot Measure 2)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (c), substituted “Except as provided in (k) of this section, the” for “The” at the beginning of the third sentence; added (h)(1), rewrote (h)(2), which read “15th day following the election”; repealed (i); added (k) and ( l ).

The 2020 amendment, effective February 28, 2021, in (a), deleted the sixth and seventh sentences, which read, “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.”; in (h)(1) and (2), substituted “special primary election” for “special election”, and in (h)(2) deleted “, special runoff election,” following “general election”.

Editor's notes. —

This section refers to 42 U.S.C. 1973ff-1, which was renumbered in 2014 as 52 U.S.C. 20302, by the U.S. House of Representatives, Office of Law Revision Counsel.

Notes to Decisions

Former statutory sections governing absentee ballot voting construed. —

See Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Purpose of section. —

One purpose of this section is to insure that the ballot was marked by the voter, and not someone else, in circumstances free from coercion. Given that objective, it would make no sense to require secret voting in the presence of an official, while waiving the presence requirement when two non-official witnesses are used. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Change of residence. —

In the absence of a clear expression of intent to change a legal residence, the residence cannot be considered to have been changed. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

The requirement of voting in the presence of the witness is mandatory rather than directory. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Signing in the presence of the attestor was a condition of ballot validity: subsection (d) provides that an absentee ballot will be valid only if the ballot envelope is signed by the voter in the presence of an attesting officer. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

The requirement to date the witness’ signature is directory rather than mandatory and does not require invalidation of the ballot so long as the ballot in question is cast on or before election day. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

The role of the two non-official witnesses is the same as the function of the attesting official witness set forth in the statute. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Subsection (d) contravened. —

Where absentee voter “witnessed” his own absentee ballot, such a “witnessing” contravenes subsection (d); and his ballot should not have been counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Attesting officer may initial attestation. —

Where the attesting officer had initialed the attestation section rather than signed, the ballot should have been counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Attesting officer’s failure to provide the source of his authority will not of itself invalidate an absentee ballot. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Presumption of official's attestation. —

It must be presumed that a person who attests an absentee ballot as an authorized official does so in full cognizance of the text and oath on the absentee ballot form. Although this presumption may be rebutted by an affirmative showing that the attesting officer lacks appropriate authority, where contestant has produced no evidence rebutting the presumption of authorization, all ballots challenged on this basis will be held properly counted. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Failure to submit timely ballot. —

Even assuming election officials were negligent and were at fault for a voter’s late receipt of a ballot, the ballot was properly rejected where it was postmarked two days after the primary election. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Satisfaction of requirement that ballots be marked on or before election day. —

Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979); Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

The failure of the absentee ballot to be properly postmarked or dated when received by an election official was not included as a violation of the absentee ballot statute mandating the canvass board to invalidate the ballot. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Effect of errors upon validity of ballots. —

Errors solely on the part of election officials will not invalidate ballots, except, however, where the official omission caused or contributed to a violation of a mandatory requirement. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

The burden of proving ballot illegality in general and particularly that the ballot in question was not cast on or before election day is on the challenger. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

A hand-written mark which appears to be the beginning of a “K” in the voter signature blank of the voter oath on the back of the absentee ballot could be legally sufficient to serve as the voter’s signature if that was the voter’s intent. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Ballots properly counted. —

Where ballots with postmarks and date stamps later than election day had been signed by attesting witnesses, and the date space on the voter’s certificate indicated that the vote had been cast on or before election day, these ballots were properly counted in the recount. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Cited in

Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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

Secs. 15.20.090 — 15.20.150. Dates for and procedure on applications; casting votes. [Repealed, § 231 ch 100 SLA 1980.]

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.

History. (§ 4.16 ch 83 SLA 1960)

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.

History. (§ 4.17 ch 83 SLA 1960; am § 18 ch 228 SLA 1968; am § 23 ch 197 SLA 1975; am § 88 ch 100 SLA 1980)

Notes to Decisions

The purpose of former AS 15.20.150 and this section was to provide methods by which to insure that absentee ballots have been cast on or before election day. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Satisfaction of requirement that ballots be marked on or before election day. —

The mandatory requirement of former AS 15.20.150 that ballots be marked on or before election day was satisfied by a date received stamp, or a postmark, or the date of witnessing of the voter certificate, or any combination of these. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

The failure of the absentee ballot to be properly postmarked or dated when received by an election official was not included as a violation of the absentee ballot statute mandating the canvass board to invalidate the ballot. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (under the 1980 amendment, the election supervisor is to stamp on envelopes the date of receipt).

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.

History. (§ 4.18 ch 83 SLA 1960; am § 19 ch 228 SLA 1968; am § 24 ch 197 SLA 1975)

Sec. 15.20.190. Appointment, duties, and compensation of district counting boards.

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 or political group with the largest number of registered voters at the time of the preceding gubernatorial election, and at least one member of each board must be a member of the political party or political group with the second largest number of registered voters at the time of 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 .
[Repealed, § 92 ch 82 SLA 2000.]

History. (§ 4.19 ch 83 SLA 1960; am § 20 ch 228 SLA 1968; am § 89 ch 100 SLA 1980; am § 26 ch 86 SLA 1996; am §§ 52, 92 ch 82 SLA 2000; § 30, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the second sentence of (a), which read, “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.”

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

Sec. 15.20.201. Time of district absentee ballot counting review.

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.
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.
Not later than the 15th day following the day of the election, the district absentee ballot counting board shall certify the absentee ballot review.
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.

History. (§ 90 ch 100 SLA 1980; am §§ 13 — 15 ch 85 SLA 1986; am § 27 ch 86 SLA 1996)

Sec. 15.20.203. Procedure for district absentee ballot counting review.

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.
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
  1. in person and is a
    1. 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
    2. 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
  2. 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
    1. driver’s license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or
    2. 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.
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.
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.
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 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 .
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.
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.
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 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 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 primary election under AS 15.40.140 ; and
2. 30 days after certification of the results of a general or special election, other than a special primary election described in (1) of this subsection.

History. (§ 90 ch 100 SLA 1980; am §§ 16, 17 ch 85 SLA 1986; am §§ 28 — 32 ch 86 SLA 1996; am § 1 ch 12 SLA 2001; am §§ 18, 19 ch 113 SLA 2003; am §§ 16, 17 ch 73 SLA 2013; §§ 31 and 32, 2020 General Election Ballot Measure 2)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (i)(1), added “, or for a special election under AS 15.40.140 that is followed by a special runoff election”, rewrote (i)(2), which read “60 days after certification of the results of a general or special election”; in (j), added the (1) and (2) designations; in (j)(1), added “, or a special election under AS 15.40.140 that is followed by a special runoff election;”, rewrote (j)(2), which read “not less than 30 days after certification of the results of a general or special election”.

The 2020 amendment, effective February 28, 2021, in (i)(1), substituted “or a special primary election under AS 15.40.140 ” for “, or for a special election under AS 15.40.140 that is followed by a special runoff election”, in (i)(2), substituted “or special election other than a special runoff election” for “, special runoff election, or special election other than a special election described in (1)”; in (j)(1) and (2), substituted “special primary election” for “special election” and in (j)(1), deleted “that is followed by a special runoff election” following AS 15.40.140”, and made a stylistic change.

Notes to Decisions

The conditions set out in this statute are not exclusive. Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

The voter’s signature is a basic part of the certificate and failure to properly attach it invalidates the ballot. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979) (decided under former AS 15.20.210 ).

Failure to submit timely ballot. —

The failure of the absentee ballot to be properly postmarked or dated when received by an election official was not included as a violation of the absentee ballot statute mandating the canvass board to invalidate the ballot. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.20.210 ).

For case setting forth specific and detailed rulings on the proper counting of absentee ballots in a state legislator’s race, see Finkelstein v. Stout, 774 P.2d 786 (Alaska 1989), overruled in part, Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Sec. 15.20.205. Time of district questioned ballot counting review.

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.
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.
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.
Questioned ballots received after certification of the count shall be forwarded immediately to the director by the most expeditious service.

History. (§ 90 ch 100 SLA 1980; am § 18 ch 85 SLA 1986; am § 53 ch 82 SLA 2000)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Sec. 15.20.207. Procedure for district questioned ballot review.

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.
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).
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.
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.
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.
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 .
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.
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.
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 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.
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.
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 primary election under AS 15.40.140 ; and
2. 30 days after certification of the results of a general or special election, other than a special primary election described in (1) of this subsection.

History. (§ 90 ch 100 SLA 1980; am § 19 ch 85 SLA 1986; am §§ 33 — 38 ch 86 SLA 1996; am § 2 ch 12 SLA 2001; am § 3 ch 20 SLA 2002; am §§ 20, 21 ch 113 SLA 2003; am §§ 18, 19 ch 73 SLA 2013; §§ 33 and 34, 2020 General Election Ballot Measure 2)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (i)(1), added “, or for a special election under AS 15.40.140 that is followed by a special runoff election” following “primary election”, in (i)(2), added “, other than a special election described in (1) of this subsection” following “special election”; in (k), added the (1) and (2) designations; in (k)(1), added “, or a special election under AS 15.40.140 that is followed by a special runoff election;” following “primary election”, rewrote (k)(2), which read “not less than 30 days after the certification of the results of a general or special election”.

The 2020 amendment, effective February 28, 2021, in (i)(1), substituted “or a special primary election under AS 15.40.140 ” for “, or for a special election under AS 15.40.140 that is followed by a special runoff election”, in (i)(2), substituted “special primary election” for the second occurrence of “special election”; in (k)(1), substituted “or a special primary election under AS 15,40.140” for “, or a special election under AS 15.40.140 that is followed by a special runoff election”, in (k)(2), deleted “the” preceding “certification” and substituted “special primary election” for the second occurrence of “special election”.

Notes to Decisions

Cross-precinct voting authorized. —

See this catchline in notes to AS 15.20.211 .

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

Sec. 15.20.211. Counting cross-district and certain write-in votes.

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.
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.
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.
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 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.
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.
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 primary election under AS 15.40.140 ; and
2. 30 days after certification of the results of a general or special election, other than a special primary election described in (1) of this subsection.

History. (§ 91 ch 100 SLA 1980; am § 8 ch 9 SLA 1996; am § 39 ch 86 SLA 1996; am § 47 ch 21 SLA 2000; am § 54 ch 82 SLA 2000; am § 22 ch 113 SLA 2003; am §§ 20, 21 ch 73 SLA 2013; §§ 35 and 36, 2020 General Election Ballot Measure 2)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (d)(1), added “, or for a special election under AS 15.40.140 that is followed by a special runoff election” following “primary election”, in (d)(2), added “, other than a special election described in (1) of this subsection” following “special election”; in (f), added the (1) and (2) designations; in (f)(1), added “, or a special election under AS 15.40.140 that is followed by a special runoff election;” following “primary election”, rewrote (f)(2), which read “not less than 30 days after the certification of the results of a general or special election”.

The 2020 amendment, effective February 28, 2021, in (d)(1), substituted “or a special primary election under AS 15.40.140 ” for “, or for a special election under AS 15.40.140 that is followed by a special runoff election”, in (d)(2), substituted “special primary election” for the second occurrence of “special election”; in (f)(1), substituted “or a special primary election under AS 15,40.140” for “, or a special election under AS 15.40.140 that is followed by a special runoff election”, in (f)(2), deleted “the” preceding “certification” and substituted “special primary election” for the second occurrence of “special election”.

Notes to Decisions

Cross-precinct voting authorized. —

Cross-precinct voting, which occurred when a voter registered in one precinct voted a questioned ballot in a different precinct in the same election district, was authorized by statute. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.20.210 ).

Waiver of challenges to validity of cross-district voting. —

Under prior law, challenges to the validity of cross-district voting which occurred when a voter registered in one district cast a questioned ballot in a different district were waived if not raised before the ballots were separated and commingled. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.20.210 ).

Requirement for residency in district. —

Votes for state representative cast by voters in an election district from which they had moved were properly rejected where the voters certified in writing to election officials that they no longer resided in their prior district. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Sec. 15.20.220. Procedure for state review.

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.
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.

History. (§ 37 ch 59 SLA 1982; am § 12 ch 67 SLA 1989)

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

select, nominate, or elect a governor, a lieutenant governor, an acting governor, a state senator, or a state representative;
select, nominate, or elect delegates to a constitutional convention;
approve or reject an initiative submitted under art. XI, Constitution of the State of Alaska, and AS 15.45.190 — 15.45.200 or a referendum submitted under art. XI, Constitution of the State of Alaska, and AS 15.45.420 — 15.45.440 ;
recall an official identified in (1) of this section when authorized by art. XI, Constitution of the State of Alaska, and AS 15.45.650 — 15.45.690 ;
approve or reject a proposed constitutional amendment submitted under AS 15.50; or
ratify or reject a state general obligation bond when authorized by AS 37.15.

History. (§ 9 ch 9 SLA 1996)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Secs. 15.20.230 — 15.20.420. Voting machines. [Repealed, § 231 ch 100 SLA 1980.]

Article 2. Election Recounts.

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 289-295.

Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appeal from decision of election board. 61 ALR2d 484.

Sec. 15.20.430. Authorization of recount application.

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 .
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.

History. (§ 4.71 ch 83 SLA 1960; am § 20 ch 136 SLA 1966; am § 93 ch 100 SLA 1980; am § 48 ch 21 SLA 2000; am § 46 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, in (b), deleted “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.” at the end and made stylistic changes.

Notes to Decisions

Common law. —

At common law the right to recount did not exist. Wade v. Dworkin, 407 P.2d 587 (Alaska 1965).

Any intervening Sunday must be included in calculating the five-day recount limitation. Wade v. Dworkin, 407 P.2d 587 (Alaska 1965).

The supreme court is enjoined by the legislature to observe the provisions of AS 01.10.020 in resolving any issue relating to AS 01.10.080 and its applicability to the five-day recount provision of this section. Wade v. Dworkin, 407 P.2d 587 (Alaska 1965).

Quoted in

Carr v. Thomas, 586 P.2d 622 (Alaska 1978); Willis v. Thomas, 600 P.2d 1079 (Alaska 1979); Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Collateral references. —

29 C.J.S., Elections, § 228.

Sec. 15.20.440. Form of application.

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.
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.

History. (§ 4.72 ch 83 SLA 1960; am § 18 ch 80 SLA 1963; am § 94 ch 100 SLA 1980; am § 20 ch 85 SLA 1986; am § 49 ch 21 SLA 2000)

Sec. 15.20.450. Costs of recount; 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.

History. (§ 4.73 ch 83 SLA 1960; am § 15 ch 125 SLA 1962; am § 21 ch 136 SLA 1966; am § 1 ch 77 SLA 1976; am § 95 ch 100 SLA 1980; am § 21 ch 85 SLA 1986; am § 50 ch 21 SLA 2000; am § 21 ch 2 FSSLA 2005)

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.

History. (§ 4.74 ch 83 SLA 1960; am § 96 ch 100 SLA 1980)

Notes to Decisions

Stated in

Wade v. Dworkin, 407 P.2d 587 (Alaska 1965).

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, telephone, or facsimile.

History. (§ 4.75 ch 83 SLA 1960; am § 97 ch 100 SLA 1980; am § 14 ch 30 SLA 1992; am § 47 ch 13 SLA 2019)

Revisor's notes. —

In 2000, “chairperson” was substituted for “chairman” in accordance with sec. 95(3), ch. 82, SLA 2000.

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, near the end, deleted “telegraph,” following “certified mail,”.

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.

History. (§ 4.76 ch 83 SLA 1960; am § 98 ch 100 SLA 1980; am § 22 ch 85 SLA 1986; am § 13 ch 67 SLA 1989; am § 55 ch 82 SLA 2000; am § 23 ch 113 SLA 2003)

Notes to Decisions

Applied in

Willis v. Thomas, 600 P.2d 1079 (Alaska 1979); Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

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.

History. (§ 4.77 ch 83 SLA 1960; am § 99 ch 100 SLA 1980)

Collateral references. —

Injunction against canvassing of votes and declaring result of election. 1 ALR2d 588.

Admissibility of parol evidence of election officials to impeach election returns. 46 ALR2d 1385.

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

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.

History. (§ 4.79 ch 83 SLA 1960; am § 19 ch 80 SLA 1963; am § 100 ch 100 SLA 1980)

Notes to Decisions

The supreme court’s obligation under this section is to review any and all questioned ballots cast in the election at issue, regardless of whether they were or were not specifically challenged below. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

The recount appeal involves more than the facial validity of the ballots. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

An election contest and recount appeal are distinct proceedings. In an election contest where no fraud, corruption or ineligibility of a party is alleged, the evidence presented must demonstrate the existence of malconduct sufficient to change the results of the election. In contrast, the inquiry in a recount appeal is whether specific votes or classes of votes were properly counted or rejected. The concept of malconduct does not enter into the question, except insofar as particular acts or shortcomings of election officials may have resulted in the improper counting or rejecting of votes. Willis v. Thomas, 600 P.2d 1079 (Alaska 1979).

Issues of malconduct as contemplated in AS 15.20.540 are not properly raised on recount appeal. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

The proportionate reduction rule is the only method to properly determine the effect of any bias that affected individual votes in a random fashion, but the technique is not to be used to actually reduce the candidates’ official totals. Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Validity of ballots. —

Superior court properly ruled that certain questioned ballots should not have been counted on recount because each voter was only allowed to cast one primary ballot, the issue went to whether the votes were properly counted, and there was no evidence suggesting the voters chose to break the law. Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Effect of errors upon validity of ballots. —

Applied in

Carr v. Thomas, 586 P.2d 622 (Alaska 1978); Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Cited in

Dodge v. Meyer, 444 P.3d 159 (Alaska 2019).

Collateral references. —

Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appeal from decision of election board. 61 ALR2d 484.

State court jurisdiction over contest involving primary election for member of Congress. 68 ALR2d 1320.

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.

History. (§ 4.80 ch 83 SLA 1960; am § 101 ch 100 SLA 1980)

Opinions of attorney general. —

AS 15.20.540 , 15.20.550 , and 15.20.560 , when read together, clearly state intention of legislature to permit appeal to superior court under certain circumstances, but the language of these sections is permissive. 1963 Alas. Op. Att'y Gen. No. 5.

As an alternative means of contesting an election, the legislature provided (this section) for a direct appeal to the chamber in which the candidate seeks membership in accordance with the applicable rules of the legislature or Congress. 1963 Alas. Op. Att'y Gen. No. 5.

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.

History. (§ 4.81 ch 83 SLA 1960; am § 102 ch 100 SLA 1980)

Article 3. Election Contests.

Opinions of attorney general. —

As an alternative means of contesting an election, the legislature provided (AS 15.20.520 ) for a direct appeal to the chamber in which the candidate seeks membership in accordance with the applicable rules of the legislature or Congress. 1963 Alas. Op. Att'y Gen. No. 5.

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 245-322.

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:

malconduct, fraud, or corruption on the part of an election official sufficient to change the result of the election;
when the person certified as elected or nominated is not qualified as required by law;
any corrupt practice as defined by law sufficient to change the results of the election.

History. (§ 4.91 ch 83 SLA 1960)

Cross references. —

For provisions related to corrupt practices, see AS 15.56.

Notes to Decisions

Article not atypical. —

Under the provisions of Alaska’s Election Code, the legislature has authorized election contests, placed jurisdiction over such contests in the superior court, and has specified the content of the judgments which are to be entered. These provisions of Alaska’s Election Code are not atypical; rather, they reflect the role American courts have played in the resolution of election contest issues. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Issues of malconduct as contemplated in this section are not properly raised on recount appeal. Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Procedure for getting local election contests before the courts. —

No procedure having been prescribed by the legislature for getting local election contests before the courts, following the procedure for contesting state elections is a reasonable method of getting the matter before the court and the jurisdiction of the court to hear the matter is recognized by the constitution. Turkington v. City of Kachemak, 380 P.2d 593 (Alaska 1963).

Separate action to challenge election procedures. —

Where appellant initially filed suit challenging the decision of the Local Boundary Commission to approve a petition for incorporation of a proposed borough, appellant later attempted to amend her pleading to add a complaint against the Director of Elections as a defendant and request changes to the upcoming election as relief. The superior court properly declined to review appellant’s claims against the Division of Elections regarding the incorporation election, as they were unrelated to the commission’s decision that was under review; appellant was permitted to file a separate lawsuit challenging election procedures. Mullins v. Local Boundary Comm'n, 226 P.3d 1012 (Alaska 2010).

The purpose of holding elections is to ascertain the public will. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

And what voters mean cannot be arbitrarily assumed. —

Neither the courts nor the election authorities are authorized to arbitrarily assume that the voters meant something which cannot fairly be ascertained from the ballots themselves. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Overriding concern of courts. —

In election contests the overriding concern of the courts has been to ascertain whether the alleged impropriety in fact establishes doubt as to the validity of the election result. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

The appropriate standard in election contests is that specified in this section. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

The determinative standard to be applied in judging any election contest in Alaska has been established by the legislature in item (1) of this section. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

“Malconduct,” as used in this section, means a significant deviation from statutorily or constitutionally prescribed norms. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

If a bias has been introduced into the vote, “malconduct” exists if the bias can be shown to be the result of a significant deviation from lawfully prescribed norms. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Irregularities containing no element of bias, even if they amount to significant deviations from prescribed norms, do not necessarily constitute malconduct. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Significant deviations which impact randomly on voter behavior will amount to malconduct if the significant deviations from prescribed norms by election officials are imbued with scienter, a knowing noncompliance with the law or a reckless indifference to norms established by law. Thus, evidence of an election official’s good faith may preclude a finding of malconduct under certain circumstances. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Deviations must be analyzed individually. —

Each alleged deviation from a statutorily or constitutionally prescribed norm must be analyzed individually to determine if it is “significant” and to ascertain if it involves an element of scienter. Once it is determined that the individual instance of noncompliance amounts to malconduct, a determination must be made of the number of votes affected. The total number of votes affected by all such incidents must then be considered in ascertaining whether they are sufficient to change the result of the election. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

When cumulation of irregularities may be proper. —

In rare circumstances, an election may be so permeated with numerous serious violations of law, not individually amounting to malconduct, that substantial doubt will be cast on the outcome of the vote. Under such circumstances, cumulation of irregularities may be proper and will support a finding of malconduct. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

It was error for the trial court to cumulate isolated instances of irregularity which, when analyzed separately, did not constitute “significant deviations” from prescribed norms to support a finding of malconduct. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Proof of misconduct. —

This section requires that the misconduct must be shown to be sufficient to change the result, and not that evidence be presented which shows in fact that the result of the election was changed. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Any malconduct on the part of election officials must be of sufficient magnitude “to change the result of the election.” Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Burden. —

A party challenging an election has the burden of proving that the alleged misconduct could have changed the result of the election. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

It is incumbent upon citizens to show more than a lack of total and exact compliance with the constitutionally and statutorily prescribed form of ballot. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Citizens have the dual burden of showing a significant deviation from the prescribed form of ballot and that such departure was of a magnitude sufficient to change the result of the referendum election. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

A party challenging an election must prove that the alleged malconduct could have changed the result of the election. The contestant need not show that the malconduct in fact changed the result of the election. Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

In an election contest, where the record showed that appellee candidate failed to disclose all of his assets under AS 39.50.030(b) , judgment for the candidate was affirmed because the superior court did not err in holding that the voters could not prevail under either Title 15 or Title 39 in that the voters failed to prove that the candidate’s failure to disclose had an effect on the outcome of an election under AS 15.20.540 . Grimm v. Wagoner, 77 P.3d 423 (Alaska 2003), limited, Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

In an election contest, where the record showed that appellee candidate failed to disclose all of his assets under AS 39.50.030(b) , the dismissal of appellant voters’ election contest under AS 15.20.540 was proper based on the voters’ failure to prove an effect on the outcome of the election. Grimm v. Wagoner, 77 P.3d 423 (Alaska 2003), limited, Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Where a voter, as a public interest litigant, challenged a borough reapportionment plan, summary judgment for the borough was proper because the voter’s election challenge was unsuccessful as a matter of law; voter failed to show both significant deviation from statutory direction and that the deviation was of a magnitude sufficient to change the result of the election as outlined in this section. Braun v. Borough, 193 P.3d 719 (Alaska 2008), cert. denied, 556 U.S. 1128, 129 S. Ct. 1620, 173 L. Ed. 2d 996 (U.S. 2009).

While the superior court properly determined that the election officials engaged in malconduct by giving all voters in the first district both ballots, the issue was properly the subject of an election contest, it was legal error for the superior court to rely on and apply the losing candidate's flawed methodology, and the losing candidate did not meet his burden of proving that the election officials' malconduct was sufficient to change the outcome of the election Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

Method used to determine if malconduct could have changed result of election. —

See Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

The unauthorized wording of the proposition required by Alaska Const., art. XIII, § 3, was misconduct. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

The inclusion in the referendum ballot, by the executive officer charged with the duty of preparing the ballot, of unauthorized prefatory language was malconduct within the intendment of item (1). Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

And such wording constituted fraud within the meaning of this section. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Voter assistance program not corrupt practice. —

A borough’s voter assistance program which reimbursed each voter for up to 10 gallons of gasoline used by the voter to reach the polls did not violate the prohibition against inducing a person to vote for or refrain from voting for a person and was not a corrupt practice under AS 15.56.030 . Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

Violation of federal election statute. —

An alleged violation of a federal election statute by a third party is not an independent ground for an election contest; a violation of 42 U.S.C. § 1973i(c) by a person other than an election official can be ground for an election contest under this section only if the violation is also a “corrupt practice” as defined by Alaska election law. Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

Omission of “paid for by” on mailing. —

A postcard mailed to shareholders of a native regional corporation that offered entry in a $1,000 cash prize drawing to those who submitted a ballot stub, or a similarly sized piece of paper, and stated that the Alaska Federation of Natives endorsed a certain candidate for governor did not violate the purpose of former AS 15.56.010 although it did not bear the words “paid for by” and, even assuming a technical violation, the deviation was not a “corrupt practice” for purpose of an election contest under this section. Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

For discussion of specific instances of malconduct, see Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979).

Applied in

Thomas v. Croft, 614 P.2d 795 (Alaska 1980); Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Quoted in

DeNardo v. Municipality of Anchorage, 105 P.3d 136 (Alaska 2005); Eberhart v. Alaska Pub. Offices Comm'n, 426 P.3d 890 (Alaska 2018).

Cited in

Fischer v. Stout, 741 P.2d 217 (Alaska 1987).

Collateral references. —

Validity where candidate’s surname only is written in on ballot. 86 ALR2d 1025.

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.

History. (§ 4.92 ch 83 SLA 1960; am § 103 ch 100 SLA 1980)

Notes to Decisions

Stated in

Grimm v. Wagoner, 77 P.3d 423 (Alaska 2003).

Cited in

Turkington v. City of Kachemak, 380 P.2d 593 (Alaska 1963); Cissna v. Stout, 931 P.2d 363 (Alaska 1996).

Collateral references. —

State court jurisdiction over contest involving primary election for member of Congress. 68 ALR2d 1320.

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.

History. (§ 4.93 ch 83 SLA 1960; am § 104 ch 100 SLA 1980)

Notes to Decisions

Under this section the judge is given the discretion to order a new election. Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Applied in

Miller v. Treadwell, 245 P.3d 867 (Alaska 2010).

Secs. 15.20.590 — 15.20.740. Punch-card voting. [Repealed, § 92 ch 82 SLA 2000.]

Article 4. Voting by Mail.

Sec. 15.20.800. Voting by mail.

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.
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.
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.
The voter may cast the ballot under AS 15.20.081(d) — (f).
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.

History. (§ 23 ch 85 SLA 1986; am § 46 ch 86 SLA 1996; am § 56 ch 82 SLA 2000; am § 22 ch 2 FSSLA 2005)

Revisor’s notes. —

Enacted as AS 15.20.750. Renumbered in 1986.

Cross references. —

For a temporary provision expanding the director's authority to conduct an election by mail during the COVID-19 public health disaster emergency declared March 11, 2020, see § 9, ch. 10, SLA 2020 in the 2020 Temporary and Special Acts.

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

Article 5. Voting Machines and Tally Systems.

Sec. 15.20.900. Optically scanned or electronically generated ballots.

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.
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.

History. (§ 8 ch 63 SLA 1998; am § 4 ch 6 SLA 2002)

Administrative Code. —

For absentee and questioned voting, see 6 AAC 25, art. 3.

For administration of local and regional elections, see 6 AAC 27.

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) .

History. (§ 23 ch 2 FSSLA 2005)

Editor’s notes. — This section refers to 42 U.S.C. 15481, which was renumbered in 2014 as 52 U.S.C. 21081, by the U.S. House of Representatives, Office of Law Revision Counsel.

Chapter 25. Nomination of Candidates.

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to certain sections in this chapter, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Editor's notes. —

Article 1. Primary Elections.

Notes to Decisions

Constitutionality. —

Alaska’s blanket primary statute is constitutional, and does not violate the first amendment associational rights of a political party solely by virtue of the fact that the statute conflicts with party rules pertaining to the primary. The blanket primary is nondiscriminatory. While the blanket primary may create some degree of interference with a political party’s associational rights, this interference is minor and is justified by the state’s interests. O'Callaghan v. State, 914 P.2d 1250 (Alaska 1996), cert. denied, 520 U.S. 1209, 117 S. Ct. 1690, 137 L. Ed. 2d 818 (U.S. 1997).

The state’s interests in encouraging voter turnout, maximizing voters’ choice among candidates, and ensuring that elected officials have relatively broad based constituencies are served by the blanket primary statute. These interests are important and are legitimate objectives for a state to seek to achieve when structuring election procedures. O'Callaghan v. State, 914 P.2d 1250 (Alaska 1996), cert. denied, 520 U.S. 1209, 117 S. Ct. 1690, 137 L. Ed. 2d 818 (U.S. 1997).

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 89-96, 111(1)-148.

State court jurisdiction over contest involving primary election for member of Congress. 68 ALR2d 1320.

Validity of percentage of vote or similar requirements for participation by political parties in primary elections. 70 ALR2d 1162.

Right to seek nomination or to become candidate for more than one office in the same election. 94 ALR2d 557.

Orders and enactments requiring disclosure by public officers and employees or candidates for office. 22 ALR4th 237.

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 primary election does not serve to determine the nominee of a political party or political group but serves only to narrow the number of candidates whose names will appear on the ballot at the general election. Except as provided in AS 15.25.100(d) , only the four candidates who receive the greatest number of votes for any office shall advance to the general election.

History. (§ 5.01 ch 83 SLA 1960; am § 1 ch 1 SLA 1967; am § 1 ch 20 SLA 1980; am § 3 ch 103 SLA 2001; § 37, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the second and third sentences, which read, “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.”, deleted the fourth and fifth sentences, which read, “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 .”

Notes to Decisions

Independent voter candidates allowed to run in party's primary elections. —

Political party had an associational right to choose its general election nominees and that right could include allowing independents to run in its primary elections. Because the Alaska Constitution's free association guarantee protected the party's choice to open its primary elections to independent voter candidates, and because in this specific context the State had no countervailing need to enforce the party affiliation rule, the superior court properly ruled in favor of the party in its suit for declaratory and injunctive relief preventing enforcement of the party affiliation rule. State v. Alaska Democratic Party, 426 P.3d 901 (Alaska 2018).

Method of candidate selection. —

Where a political party’s bylaw allowing for the selection of a candidate by the central committee only came into play if state law authorized the party to nominate a candidate, it did not conflict with state laws providing for a blanket primary. Ross v. Alaska, 189 F.3d 1107 (9th Cir. Alaska 1999), cert. denied, 528 U.S. 1155, 120 S. Ct. 1166, 145 L. Ed. 2d 1073 (U.S. 2000).

Summary judgment for Alaska was proper in an action under 42 U.S.C.S. § 1983 filed by political parties alleging violation of their U.S. Const. amend. I association rights; Alaska’s mandatory direct primary election system under this section and AS 15.25.014(a) is facially constitutional because it is justified by compelling state interests of avoiding fraud and corruption and promoting democratic decision-making. Alaska Independence Party v. Alaska, 545 F.3d 1173 (9th Cir. Alaska), amended, — F.3d — (9th Cir. 2008).

Constitutionality of prohibition on combined ballots. —

Primary election statutes, this section, AS 15.25.014 and 15.25.060 , which required each political party to have a separate ballot on which only candidates of that political party appeared, violated the political parties’ associational rights under the First and Fourteenth Amendments, and violated Alaska Const., art. I, § 5 because they substantially burdened the political parties’ rights to determine who could participate in its primary. The state’s justification for imposing the burden was insufficient because most of the state’s interests were too abstract to support that burden; and the remainder of the state’s interests were not closely related to the prohibition on combined ballots. State v. Green Party of Alaska, 118 P.3d 1054 (Alaska 2005).

Quoted in

State v. Galvin, 491 P.3d 325 (Alaska 2021).

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Sec. 15.25.014. Participation in primary election selection of a political party’s candidates.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.020. Date of primary.

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

History. (§ 5.02 ch 83 SLA 1960; am § 1 ch 26 SLA 1966; am § 2 ch 1 SLA 1967; am § 22 ch 73 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, substituted “third Tuesday” for “fourth Tuesday”.

Sec. 15.25.030. Declaration of candidacy.

A person who seeks to become a candidate in the primary election or a special 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 political party or political group with which the candidate is registered as affiliated, or whether the candidate would prefer a nonpartisan or undeclared designation placed after the candidate's name on the ballot;
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 or special 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 or special 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;
16. 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; and
17. if the candidacy is for the office of lieutenant governor, the name of the candidate for governor running jointly with the candidate for lieutenant governor.
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 .
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.

History. (§ 5.03 ch 83 SLA 1960; am § 16 ch 125 SLA 1962; am § 1 ch 53 SLA 1966; am § 3 ch 1 SLA 1967; am § 35 ch 116 SLA 1972; am § 3 ch 133 SLA 1977; am § 126 ch 100 SLA 1980; am § 34 ch 50 SLA 1989; am §§ 15, 16 ch 67 SLA 1989; am §§ 32, 33 ch 127 SLA 1992; am § 51 ch 21 SLA 2000; am § 24 ch 2 FSSLA 2005; § 38, 2020 General Election Ballot Measure 2)

Revisor's notes. —

In 2020, in paragraph (a)(5) of this section, the word "which" was substituted for "whom" to correct a manifest error in the 2020 initiative that amended subsection (a) of this section.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in (a), in the introductory language, substituted “A person who seeks to become a candidate in the primary election or a special primary election” for “A member of a political party who seeks to become a candidate of the party in the primary election”, rewrote (a)(5), which read, “the name of the political party of which the person is a candidate for nomination”, in (a)(7), inserted “or special primary election” following “primary election”, in (a)(12), inserted “or special primary” following “the primary”, rewrote (a)(16), which read, “that the candidate is registered to vote as a member of the political party whose nomination is being sought”, added (a)(17), and made a related change.

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Notes to Decisions

Constitutionality. —

The requirement in AS 15.25.030(a)(16) that a candidate must be a registered member of the political party whose nomination is being sought was found unconstitutional by the superior court, and this judgment was affirmed by the supreme court. The act of formal enrollment or public affiliation with a political party is merely one element in the continuum of participation in party affairs, and need not be in any sense the most important. It is not sufficient for the State to assert theoretical possibilities, albeit undesirable ones, to justify incursions upon free speech rights protected by the Alaska Constitution. State v. Alaska Democratic Party, 426 P.3d 901 (Alaska 2018).

Alaska Const., art. II, § 2 and this section collectively condition eligibility for seeking legislative office upon three years’ residency in the state and one year in the election district. Gilbert v. State, 526 P.2d 1131 (Alaska 1974).

Residency requirements not unconstitutional. —

The residency requirements of Alaska Const., art. II, § 2 and this section do not deprive an individual of equal protection by (1) limiting his right to seek and hold public office; (2) limiting his ability and the ability of voters who would support him to participate in the electoral process; and (3) restricting his right to freely travel between the states. Gilbert v. State, 526 P.2d 1131 (Alaska 1974).

The impact of the residency requirements upon the voters’ right to have a meaningful choice of candidates is slight. Gilbert v. State, 526 P.2d 1131 (Alaska 1974).

But serve compelling state interest. —

The requirements of three years’ residency in the state and one year in the election district serve a compelling state interest. Gilbert v. State, 526 P.2d 1131 (Alaska 1974).

The requirements are necessary to permit exposure of the candidate to his prospective constituents so they may judge his character, knowledge and reputation, and they are needed to ensure that legislators are familiar with the diverse character of the state where they will participate in the law-making process. Gilbert v. State, 526 P.2d 1131 (Alaska 1974).

Late filing of declaration or conflict-of-interest statement. —

Election laws mandate, in plain and unequivocal language, that a candidate physically deliver a declaration of candidacy “at or before 5:00 p.m.,” and that a conflict-of-interest statement be “simultaneously filed.” This statutory scheme does not in any way suggest that a declaration or a conflict-of-interest statement completed after the deadline should be deemed timely; and an Elections Division policy of permitting candidates to fill out forms after the statutory filing deadline does not properly implement AS 15.25.040(a) . Falke v. State, 717 P.2d 369 (Alaska 1986).

Substantial compliance doctrine was not applicable to excuse late filing of conflict-of-interest statement. Falke v. State, 717 P.2d 369 (Alaska 1986).

Summary judgment for Alaska was proper in an action under 42 U.S.C.S. § 1983 filed by political parties alleging violation of their U.S. Const. amend. I association rights; because the parties provided no support for their claim that their own bylaws conflicted with the definition of party membership under subsection (a)(16), they waived their claim that Alaska’s party affiliation rule burdened their associational rights. Alaska Independence Party v. Alaska, 545 F.3d 1173 (9th Cir. Alaska), amended, — F.3d — (9th Cir. 2008).

Method of candidate selection. —

Applied in

Vogler v. Miller, 651 P.2d 1 (Alaska 1982).

Quoted in

O'Callaghan v. State, 826 P.2d 1132 (Alaska 1992).

Cited in

Silides v. Thomas, 559 P.2d 80 (Alaska 1977); Vogler v. Miller, 660 P.2d 1192 (Alaska 1983); State v. Galvin, 491 P.3d 325 (Alaska 2021).

Collateral references. —

Right to seek nomination, or to become candidate, for more than one office in the same election. 94 ALR2d 557.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period. 65 ALR3d 1048.

Sec. 15.25.040. Manner and date of filing declaration.

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.
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.
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.
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.

History. (§ 5.04 ch 83 SLA 1960; am § 17 ch 125 SLA 1962; am § 20 ch 80 SLA 1963; am §§ 3, 4 ch 26 SLA 1966; am § 22 ch 136 SLA 1966; am § 1 ch 28 SLA 1972; am §§ 11, 12 ch 38 SLA 1974; am § 25 ch 197 SLA 1975; am § 4 ch 133 SLA 1977; am § 127 ch 100 SLA 1980; am § 25 ch 85 SLA 1988; am § 57 ch 82 SLA 2000)

Cross references. —

For date of filing petition, see AS 15.25.150 .

Notes to Decisions

Late filing of declaration or conflict-of-interest statement. —

Applied in

Silides v. Thomas, 559 P.2d 80 (Alaska 1977).

Sec. 15.25.042. Eligibility of a candidate.

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.
Except as provided in (c) of this section, the director shall determine the eligibility of the candidate by a preponderance of the evidence.
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.
A person may not be a resident of two districts at the same time.

History. (§ 24 ch 85 SLA 1986)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Collateral references. —

Constitutionality of candidate participation provisions for primary elections. 121 ALR5th 1.

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, Constitution of the State of Alaska, the director shall apply the rules established in AS 15.05.020 together with the following rules:

a person establishes residence within a house district
1. by actual physical presence at a specific location within the district; and
2. by maintaining a habitation at the specific location;
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
a qualified voter loses residence by voting in another house district or in another state’s elections.

History. (§ 24 ch 85 SLA 1986; am § 52 ch 21 SLA 2000)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Collateral references. —

Construction and application of statutes and ordinances concerning establishment of residency, 74 ALR6th 209.

Sec. 15.25.045. Withdrawal of candidacy.

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

History. (§ 23 ch 136 SLA 1966)

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Sec. 15.25.050. Requirement of filing fee.

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.
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.

History. (§ 5.05 ch 83 SLA 1960; am § 128 ch 100 SLA 1980; am § 25 ch 85 SLA 1986)

Notes to Decisions

Cited in

Silides v. Thomas, 559 P.2d 80 (Alaska 1977); Vogler v. Miller, 660 P.2d 1192 (Alaska 1983).

Collateral references. —

Validity and effect of statutes exacting filing fees from candidates for public office. 89 ALR2d 864.

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.

History. (§ 24 ch 136 SLA 1966; am § 25 ch 69 SLA 1970; am § 129 ch 100 SLA 1980; am § 17 ch 67 SLA 1989; am § 23 ch 73 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, substituted “52 days” for “48 days”.

Notes to Decisions

Cited in

O'Callaghan v. State, 826 P.2d 1132 (Alaska 1992).

Sec. 15.25.056. Nomination by party petition where incumbent dies or is disqualified or incapacitated.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.060. Preparation and distribution of ballots.

The primary election ballots shall be prepared and distributed by the director in the manner prescribed for general election ballots except as specifically provided otherwise for the primary election. The director shall prepare and provide a primary election ballot that contains all of the candidates 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.

History. (§ 5.06 ch 83 SLA 1960; am § 4 ch 1 SLA 1967; am § 132 ch 100 SLA 1980; am § 8 ch 58 SLA 1995; am § 5 ch 103 SLA 2001; am § 1 ch 96 SLA 2003; am § 25 ch 2 FSSLA 2005; § 39, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section.

Notes to Decisions

Constitutionality. —

Because the United States Constitution’s supremacy clause requires states to adhere to the Supreme Court’s constitutional interpretation in California Democratic Party v. Jones, 120 S. Ct. 2402, 2414, 147 L. Ed. 2d 502 (2000), the ruling in O’Callaghan v. State, 914 P.2d 1250, 1263 (Alaska 1996), that this section is constitutional, is no longer tenable. O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

According to the holding in California Democratic Party v. Jones, 120 S. Ct. 2402, 2414, 147 L. Ed. 2d 502 (2000), the freedom of association guaranteed by the First Amendment prohibits a statutory ballot that, like the ballot prescribed in this section, allows voters who are not party members to vote in a primary election for candidates of a party that does not consent to the non-members voting. O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

The partially closed primary does not violate the Alaska Constitution’s guarantee that “secrecy of voting” shall be preserved, because as long as the Division of Elections takes the necessary steps to prevent individual voters’ ballot preferences from becoming a matter of public record, the partially closed ballot will not impermissibly infringe the voting secrecy clause in Alaska Const., art. V, § 3. O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Primary election statutes, this section, AS 15.25.010 and 15.25.014 , which required each political party to have a separate ballot on which only candidates of that political party appeared, violated the political parties’ associational rights under the First and Fourteenth Amendments, and violated Alaska Const., art. I, § 5 because they substantially burdened the political parties’ rights to determine who could participate in its primary. The state’s justification for imposing the burden was insufficient because most of the state’s interests were too abstract to support that burden; and the remainder of the state’s interests were not closely related to the prohibition on combined ballots. State v. Green Party of Alaska, 118 P.3d 1054 (Alaska 2005).

Whether votes properly counted. —

Authority of Division of Elections to promulgate emergency regulations. —

Where a U.S. Supreme Court decision clearly made the blanket primary election prescribed in this section unconstitutional, the Division of Elections had authority to abrogate the statute and to promulgate emergency regulations to implement a primary election that complied with the constitutional mandate. O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Quoted in

State v. Galvin, 491 P.3d 325 (Alaska 2021).

Stated in

Sonneman v. State, 969 P.2d 632 (Alaska 1998).

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.

History. (§ 5.07 ch 83 SLA 1960; am § 5 ch 1 SLA 1967)

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

Sec. 15.25.090. General procedure for conduct of primary election.

Unless specifically provided otherwise, all provisions regarding the conduct of a general election shall govern the conduct of a primary election, including 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.

History. (§ 5.09 ch 83 SLA 1960; am § 7 ch 1 SLA 1967; am § 133 ch 100 SLA 1980; am § 48 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, deleted “but not limited to,” following “including”, and made stylistic changes.

Notes to Decisions

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000).

Sec. 15.25.100. Placement of candidates on general election ballot.

Except as provided in (b) – (g) of this section, of the names of candidates that appear on the primary election ballot under AS 15.25.010 , the director shall place on the general election ballot only the names of the four candidates receiving the greatest number of votes for an office. For purposes of this subsection and (b) of this section, candidates for lieutenant governor and governor are treated as a single paired unit.
If two candidates tie in having the fourth greatest number of votes for an office in the primary election, the director shall determine under (g) of this section which candidate's name shall appear on the general election ballot.
Except as otherwise provided in (d) of this section, if a candidate nominated at the primary election dies, withdraws, resigns, becomes disqualified from holding 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 or more days before the general election, the vacancy shall be filled by the director by replacing the withdrawn candidate with the candidate who received the fifth most votes in the primary election.
If the withdrawn, resigned, deceased, disqualified, or incapacitated candidate was a candidate for governor or lieutenant governor, the replacement candidate is selected by the following process:
1. if the withdrawn, resigned, deceased, disqualified, or incapacitated candidate was the candidate for governor, that candidate's lieutenant governor running mate becomes the candidate for governor, thereby creating a vacancy for the lieutenant governor candidate;
2. when any vacancy for the lieutenant governor candidate occurs, the candidate for governor shall select a qualified running mate to be the lieutenant governor candidate and notify the director of that decision.
The director shall place the name of the persons selected through this process as candidates for governor and lieutenant governor on the general election ballot.
For a candidate to be certified as incapacitated under (c) of this section, a panel of three licensed physicians, not more than two of whom may be of the same party, shall provide the director with a sworn statement 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.
If the director is unable to make a determination under this section because the candidates received an equal number of votes, the determination may be made by lot under AS 15.20.530 .

History. (§ 5.10 ch 83 SLA 1960; am § 134 ch 100 SLA 1980; § 40, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section.

Notes to Decisions

Quoted in

Vogler v. Miller, 660 P.2d 1192 (Alaska 1983); State v. Galvin, 491 P.3d 325 (Alaska 2021).

Cited in

O'Callaghan v. Director of Elections, 6 P.3d 728 (Alaska 2000); State v. Metcalfe, 110 P.3d 976 (Alaska 2005); State v. Green Party of Alaska, 118 P.3d 1054 (Alaska 2005).

Collateral references. —

Validity, construction, and application of state statutes governing “minor political parties”. 120 ALR5th 1.

Sec. 15.25.105. Write-in candidates in the general election.

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 political party or political group with which the candidate is registered as affiliated, or whether the candidate would prefer a nonpartisan or undeclared designation;
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.
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.
A letter of intent under (a) of this section must be filed not later than five days before the general election.

History. (§ 58 ch 82 SLA 2000; am § 26 ch 2 FSSLA 2005; §§ 41 and 42, 2020 General Election Ballot Measure 2)

Revisor's notes. —

In 2020, in paragraph (a)(4) of this section, the word “which” was substituted for “whom” to correct a manifest error in the 2020 initiative that amended this section.

Administrative Code. —

For administration of local and regional elections, see 6 AAC 27.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote (a)(4), which read, “the name of the political party or political group of which the candidate is a member, if any”; in (b), deleted the last sentence, which read, “Both candidates must be of the same political party or group.”

Sec. 15.25.110. Filling vacancies by party petition.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.120. Requirements for party petition.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

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

Article 2. Nominations by Petition.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 89-96, 106-110, 130-148.

Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor. 27 ALR2d 604.

Sec. 15.25.140. Provision for no-party candidate nominations.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.150. Date of filing petition.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.160. Required number of signatures for statewide office.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.170. Required number of signatures for district-wide office.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.180. Requirements for petition.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.185. Eligibility of candidate.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.190. Placement of names on general election ballot.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.25.200. Withdrawal of candidate’s name.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

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

Secs. 15.25.220 — 15.25.280. Presidential party primary election. [Repealed, § 1 ch 2 SLA 1984.]

Chapter 30. National Elections.

Article 1. President.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

77 Am. Jur. 2d, United States, § 19.

29 C.J.S., Elections, §§ 91, 94, 97, 111(1), 174, 210(2)

91 C.J.S., United States, §§ 27, 28.

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, in the manner and as determined by the ranked-choice method of tabulating votes described in AS 15.15.350 — 15.15.370 .

History. (§ 6.01 ch 83 SLA 1960; am § 10 ch 71 SLA 1972; § 43, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, added “, in the manner and as determined by the ranked-choice method of tabulating votes described in AS 15.15.350 – 15.15.370 ” at the end.

Editor's notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended this section, provides that “[t]he provisions of this act are independent and severable. If any provision of this act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this act shall not be affected and shall be given effect to the fullest extent possible.”

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.

History. (§ 6.02 ch 83 SLA 1960; am § 143 ch 100 SLA 1980; am § 61 ch 82 SLA 2000)

Sec. 15.30.025. Qualifications for limited political parties.

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.
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.
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.

History. (§ 1 ch 160 SLA 1970; am § 144 ch 100 SLA 1980; am §§ 28, 29 ch 85 SLA 1986)

Notes to Decisions

Ballot access requirement. —

The amendment of a similar ballot access requirement increasing minimum signatures required from 1000 to 3 percent of votes cast in last election was held violative of free speech and equal protection clauses of the Alaska Constitution by effectively eliminating a new political party’s access to the ballot. Vogler v. Miller, 651 P.2d 1 (Alaska 1982).

Sec. 15.30.026. Qualifications for independent candidates for President of the United States; selection of candidate for Vice-President; selection of electors.

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.
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 a state resident.

History. (§ 28 ch 2 FSSLA 2005)

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.

History. (§ 6.03 ch 83 SLA 1960)

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.

History. (§ 6.04 ch 83 SLA 1960)

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.

History. (§ 6.05 ch 83 SLA 1960; am § 29 ch 2 FSSLA 2005)

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.

History. (§ 6.06 ch 83 SLA 1960; am § 145 ch 100 SLA 1980)

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.

History. (§ 6.07 ch 83 SLA 1960; am § 146 ch 100 SLA 1980)

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.

History. (§ 6.08 ch 83 SLA 1960; am § 25 ch 136 SLA 1966)

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.

History. (§ 6.09 ch 83 SLA 1960; am § 147 ch 100 SLA 1980; am § 30 ch 2 FSSLA 2005)

Notes to Decisions

Cited in

Nageak v. Mallott, 426 P.3d 930 (Alaska 2018).

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.

History. (§ 6.10 ch 83 SLA 1960)

Article 2. United States Congress.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

26 Am. Jur. 2d, Elections, § 1 et seq.

77 Am. Jur. 2d, United States, §§ 9 — 10.

91 C.J.S., United States, §§ 9 — 16.

State court jurisdiction over contest involving primary election for member of Congress. 68 ALR2d 1320.

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.

History. (§ 6.31 ch 83 SLA 1960)

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.

History. (§ 6.32 ch 83 SLA 1960)

Article 3. Congressional Ballot Access Limitation Act.

Editor’s notes. —

The U.S. Supreme Court has found provisions similar to AS 15.30.150 — 15.30.190 to be unconstitutional. U.S. Term limits, Inc. v. Thornton, 514 U.S. 779, 131 L. Ed. 2d 881, 115 S. Ct. 1842 (1995).

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.”

History. (§ 1 1994 Ballot Measure No. 4)

Sec. 15.30.160. Findings and declarations.

The people of the State of Alaska hereby find and declare as follows:

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;
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;
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;
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;
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;
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;
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;
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.

History. (§ 2 1994 Ballot Measure No. 4)

Sec. 15.30.170. Purpose and intent.

The purpose and intent in enacting AS 15.30.150 — 15.30.190 is to:

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;
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;
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;
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;
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.

History. (§ 3 1994 Ballot Measure No. 4)

Sec. 15.30.180. Federal legislative candidates; ballot access.

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.
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.
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.
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.
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.
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.
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.
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.

History. (§ 4 1994 Ballot Measure No. 4)

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.

History. (§ 5 1994 Ballot Measure No. 4)

Chapter 35. State Elections.

Article 1. Executive.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

38 Am. Jur. 2d, Governor, § 2.

29 C.J.S., Elections, § 1 et seq.

81A C.J.S., States, §§ 84, 130.

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.

History. (§ 7.01 ch 83 SLA 1960)

Article 2. Legislative.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, § 1 et seq.

81A C.J.S., States, §§ 42 — 44, 62 — 78, 84 — 86.

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 Constitution of the State of Alaska.

History. (§ 7.31 ch 83 SLA 1960)

Article 3. Judiciary.

Cross references. —

For constitutional provisions relating to retention elections for judges, see art. IV, sec. 6, Constitution of the State of Alaska.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

46 Am. Jur. 2d, Judges, §§ 7, 9, 10.

29 C.J.S., Elections, § 1 et seq.

48 C.J.S., Judges, §§ 12, 13.

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.

History. (§ 7.51 ch 83 SLA 1960)

Notes to Decisions

Stated in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

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.

History. (§ 7.52 ch 83 SLA 1960; am § 148 ch 100 SLA 1980; am § 30 ch 85 SLA 1986)

Notes to Decisions

Stated in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

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.

History. (§ 23 ch 80 SLA 1963; am § 149 ch 100 SLA 1980)

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.

History. (§ 7.53 ch 83 SLA 1960; am § 2 ch 18 SLA 1969; am § 150 ch 100 SLA 1980; am § 26 ch 67 SLA 1989)

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.

History. (§ 151 ch 100 SLA 1980)

Notes to Decisions

Stated in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

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.

History. (§ 151 ch 100 SLA 1980; am § 31 ch 85 SLA 1986)

Notes to Decisions

Stated in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

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.

History. (§ 151 ch 100 SLA 1980)

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.

History. (§ 151 ch 100 SLA 1980; am § 27 ch 67 SLA 1989)

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.

History. (§ 7.54 ch 83 SLA 1960)

Notes to Decisions

Declaration of candidacy. —

Where two judges filed their declaration of candidacy forms after the August 1 deadline, they were not eligible to stand for retention, could not have their names placed on the ballot, and had to vacate their seats. State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Cited in

Kochutin v. State, 739 P.2d 170 (Alaska 1987).

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.

History. (§ 7.55 ch 83 SLA 1960; am § 152 ch 100 SLA 1980; am § 32 ch 85 SLA 1986)

Notes to Decisions

Declaration of candidacy. —

Construction. —

“Declaration of candidacy,” found in AS 15.35.110 and this section, has not acquired a peculiar meaning by virtue of statutory definition or judicial construction; it is to be construed in accordance with its common usage. The Election Code refers to the declaration as something that each judge shall file, meaning to deliver a legal document for placement into the official record; thus, the phrase “declaration of candidacy” refers to a document that, at a minimum, must contain a personal, affirmative declaration of the judge to be a candidate. State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Judicial council’s purpose for the communications to two judges who were up for retention was most obviously to satisfy the council’s own constitutional and statutory obligations; nothing implied a purpose of satisfying the candidates’ obligations to the Division of Election in submitting their declaration of candidacy. State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Applied in

Division of Elections v. Johnstone, 669 P.2d 537 (Alaska 1983).

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.

History. (§ 24 ch 80 SLA 1963; am § 153 ch 100 SLA 1980)

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.

History. (§ 7.56 ch 83 SLA 1960)

Notes to Decisions

Scope of vote. —

Art. IV, § 6 of the state constitution, dealing with retention of judges, does not specify that the vote will be held on a district-wide basis even though this section currently provides that retention of superior court judges will be decided by the voters of the judge’s judicial district, and AS 15.35.100(b) sets forth the same rule for district court judges. Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983).

Stated in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

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.

History. (§ 7.57 ch 83 SLA 1960; am § 3 ch 18 SLA 1969; am § 154 ch 100 SLA 1980; am § 28 ch 67 SLA 1989)

Notes to Decisions

Declaration of candidacy. —

Sec. 15.35.100. Approval or rejection of district judge.

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.
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.

History. (§ 1 ch 138 SLA 1966; am § 1 ch 164 SLA 1968; am § 1 ch 89 SLA 1990)

Editor’s notes. —

Section 3, ch. 89, SLA 1990 provides that the 1990 amendment to (a) of this section applies “to district court judges who enter into the duties of the office on or after September 2, 1990.”

Notes to Decisions

Scope of vote. —

Art. IV, § 6 of the state constitution, dealing with retention of judges, does not specify that the vote will be held on a district-wide basis even though AS 15.35.080 currently provides that retention of superior court judges will be decided by the voters of the judge’s judicial district, and subsection (b) of this section sets forth the same rule for district court judges. Hornaday v. Rowland, 674 P.2d 1333 (Alaska 1983).

Declaration of candidacy. —

Quoted in

Delahay v. State, 476 P.2d 908 (Alaska 1970).

Cited in

Stephens v. Hammersley, 550 P.2d 1268 (Alaska 1976); Kochutin v. State, 739 P.2d 170 (Alaska 1987).

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.

History. (§ 1 ch 138 SLA 1966; am § 155 ch 100 SLA 1980; am § 33 ch 85 SLA 1986)

Notes to Decisions

Construction. —

“Declaration of candidacy,” found in AS 15.35.070 and this section, has not acquired a peculiar meaning by virtue of statutory definition or judicial construction; it is to be construed in accordance with its common usage. The Election Code refers to the declaration as something that each judge shall file, meaning to deliver a legal document for placement into the official record; thus, the phrase “declaration of candidacy” refers to a document that, at a minimum, must contain a personal, affirmative declaration of the judge to be a candidate. State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Declaration of candidacy. —

Judicial council’s purpose for its communications to two judges who were up for retention was most obviously to satisfy the council’s own constitutional and statutory obligations; nothing implied a purpose of satisfying the candidates’ obligations to the Division of Election in submitting their declarations of candidacy. State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Quoted in

Delahay v. State, 476 P.2d 908 (Alaska 1970).

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.

History. (§ 1 ch 138 SLA 1966; am § 156 ch 100 SLA 1980)

Notes to Decisions

Quoted in

Delahay v. State, 476 P.2d 908 (Alaska 1970).

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.

History. (§ 1 ch 138 SLA 1966; am § 4 ch 18 SLA 1969; am § 157 ch 100 SLA 1980; am § 29 ch 67 SLA 1989)

Notes to Decisions

Declaration of candidacy. —

Quoted in

Delahay v. State, 476 P.2d 908 (Alaska 1970).

Cited in

Stephens v. Hammersley, 550 P.2d 1268 (Alaska 1976).

Sec. 15.35.135. Withdrawal of candidacy; removal of name from general election ballot.

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.
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.

History. (§ 1 ch 57 SLA 2007; am § 29 ch 73 SLA 2013)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (b), substituted “64 days” for “48 days” near the end of the subsection.

Secs. 15.35.140 — 15.35.170. Judges of the court of appeals: Requirements for retention in office. [Repealed, § 231 ch 100 SLA 1980. For current law, see AS 15.35.053 — 15.35.059.]

Chapter 40. Special Elections and Appointments.

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to certain sections in this chapter, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Editor's notes. —

Article 1. United States Congress.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

26 Am. Jur. 2d, Elections, § 1 et seq.

38 Am. Jur. 2d, Governor, §§ 5 — 7.

63C Am. Jur. 2d, Public Officers and Employees, §§ 87, 90, 103.

77 Am. Jur. 2d, United States, §§ 9 — 10.

29 C.J.S., Elections, §§ 1(3), 70 — 74.

91 C.J.S., United States, § 15.

What is “public place” within requirement as to posting of election notices. 90 ALR2d 1210.

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

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

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

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

Secs. 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, § 6 ch 30 SLA 1998.]

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

Sec. 15.40.140. Condition of calling special primary election and 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 primary election to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs, to be followed by a special election on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election. However, in an election year in which a candidate for that office is not regularly elected, if the vacancy occurs on a date that is not less than 60 days, nor more than 90, before the date of

the primary election, the special primary election shall be held on the date of the primary election with the subsequent special election to be held on the date of the general election; or
the general election, the special primary election shall be held on the date of the general election with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election.

History. (§ 8.21 ch 83 SLA 1960; am § 30 ch 69 SLA 1970; am § 1 2004 Ballot Measure No. 4; am § 2 ch 50 SLA 2004; am § 30 ch 73 SLA 2013; § 44, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, substituted “under AS 15.40.142(a)” for “to be held on a date not less than 60, nor more than 90, days after the date the vacancy occurs” at the end of the first sentence.

The 2020 amendment, effective February 28, 2021, rewrote the section, which read, “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 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.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.142. Time of calling the special election and the special runoff election.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

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.

History. (§ 3 ch 50 SLA 2004)

Revisor’s notes. —

The user is cautioned that Ballot Measure No. 4 (Initiative 03-SENV), which was enacted at the 2004 general election and effective March 3, 2005, casts doubt upon the continued effectiveness of this section. In requiring that Initiative 03-SENV be put on the 2004 general election ballot, Alaska’s Supreme Court stated that AS 15.40.145 , enacted by ch. 50, SLA 2004 “provides that the governor will fill a senate vacancy by appointment, whereas the initiative provides that all vacancies will be filled by popular election,” and also noted that “eliminating gubernatorial appointments from the process of filling senate vacancies is a primary objective of the initiative.” State of Alaska v. Trust the People Initiative Committee, Supreme Court No. 11288 (Order of August 20, 2004), quoted in full at State v. Trust the People, 113 P.3d 613, 614, n. 1 (Alaska 2005). Therefore it is possible that the Court may view 2004 Ballot Measure No. 4 as having repealed AS 15.40.145 by implication.

Sec. 15.40.150. Condition for holding special election with primary.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.160. Proclamation.

The governor shall issue the proclamation calling the special primary election and special election at least 50 days before the special primary election.

History. (§ 8.23 ch 83 SLA 1960; am § 32 ch 73 SLA 2013; § 45, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, rewrote the section, which read “The governor shall issue the proclamation at least 50 days before the election.”

The 2020 amendment, effective February 28, 2021, rewrote the section, which read, “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, 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 by the director.

History. (§ 2 2004 Ballot Measure No. 4; § 4 ch 50 SLA 2004; am § 33 ch 73 SLA 2013; § 46, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, inserted “or, as provided by AS 15.40.141 , at the special runoff election,” following “special election” in the first sentence; inserted “or special runoff election” following “special election” near the end of the second sentence.

The 2020 amendment, effective February 28, 2021, in the first sentence, deleted “or, as provided by AS 15.40.141 , at the special runoff election,” following “special election,” and in the second sentence, deleted “or special runoff election” following “special election”.

Sec. 15.40.170. Term of elected representative.

At the special 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 by the director.

History. (§ 8.24 ch 83 SLA 1960; am § 163 ch 100 SLA 1980; am § 34 ch 73 SLA 2013; § 47, 2020 General Election Ballot Measure 2)

Effect of amendments. —

Sec. 15.40.180. Date of nominations.

Candidates for the special election shall be nominated by petition transmitted by actual physical delivery of the petition in person or by mail postmarked not later than midnight of the filing date.

History. (§ 8.25 ch 83 SLA 1960; am § 19 ch 125 SLA 1962; am § 164 ch 100 SLA 1980; am § 50 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, deleted “; or (3) by telegram or a copy in substance of the statements made in the petition to the director before the 21st day after the vacancy occurs” at the end, and made related changes.

Sec. 15.40.190. Requirements of petition for candidates.

Petitions for the nomination of candidates must be executed under oath, state in substance that which is required for a declaration of candidacy under AS 15.25.030 , and include the fee required under AS 15.25.050(a) .

History. (§ 8.26 ch 83 SLA 1960; am § 165 ch 100 SLA 1980; am § 35 ch 85 SLA 1986; § 48, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, substituted “must be executed under oath,” for “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”, and substituted “a declaration of candidacy under AS 15.25.030 , and include the fee required under AS 15.25.050(a) ” for “nomination petitions by AS 15.25.180 ”.

Notes to Decisions

Ballot access requirement. —

Sec. 15.40.200. Requirements of party petition.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.210. Selection of party nominees.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.220. General provisions for conduct of the special primary election and special election.

Unless specifically provided otherwise, all provisions regarding the conduct of the primary election and general election shall govern the conduct of the special primary election and special 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; provisions for the determination of the votes and of recounts, contests, and appeal; and provision for absentee voting.

History. (§ 8.29 ch 83 SLA 1960; am § 4 2004 Ballot Measure No. 4; am § 6 ch 50 SLA 2004; am § 35 ch 73 SLA 2013; § 49, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, inserted “and the special runoff election” following “conduct of the special election” and “provision for running as, voting for, and counting ballots for a write-in candidate” following “certification of returns;”.

The 2020 amendment, effective February 28, 2021, in the first sentence, substituted “conduct of the primary election and general election shall govern the conduct of the special primary election and special election” for “ conduct of the general election shall govern the conduct of the special election and the special runoff election” and deleted “provision for running as, voting for, and counting ballots for a write-in candidate;” following “certification of returns:”.

Article 2. Governor and Lieutenant Governor.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

26 Am. Jur. 2d, Elections, § 1 et seq.

38 Am. Jur. 2d, Governor, § 2.

29 C.J.S., Elections, §§ 1(3), 70 — 74.

81A C.J.S., States, §§ 87 — 89.

What is “public place” within requirement as to posting of election notices. 90 ALR2d 1210.

Sec. 15.40.230. Condition and time of calling special primary election and 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 primary 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 and a subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election. 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.

History. (§ 8.31 ch 83 SLA 1960; am § 32 ch 69 SLA 1970; § 50, 2020 General Election Ballot Measure 2)

Cross references. —

For special election in case of second vacancy in office of governor, see AS 44.19.044 ; for simultaneous vacancies, see AS 44.19.046 .

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, in the first sentence, substituted “special primary election” for “special election” following “call a”, and added “and a subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary election” at the end.

Sec. 15.40.240. Conditions for holding special primary election and 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 an election year in which a governor is not regularly elected, the acting governor shall, by proclamation, call the special primary election to be held on the date of the primary election and the special election to be held on the date of the general election, or, if the vacancy occurs on a date not less than 60, nor more than 90, days before the date of the general election in election years in which a governor is not regularly elected, the acting governor shall, by proclamation, call the special primary election to be held on the date of the general election with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election.

History. (§ 8.32 ch 83 SLA 1960; am § 33 ch 69 SLA 1970; § 51, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, substituted “in an election year in which a governor is not regularly elected, the acting governor shall, by proclamation, call the special primary election to be held on the date of the primary election and the special election to be held on the date of the general election,” for “in years in which a governor is regularly elected”, twice deleted “primary election or” following “the date of the”, substituted “special primary election” for “special election” following “call the”, and added “with the subsequent special election to be held on the first Tuesday that is not a state holiday occurring not less than 60 days after the special primary and general election” at the end.

Sec. 15.40.250. Proclamation of special primary election and special election.

The acting governor shall issue the proclamation calling the special primary election and special election at least 50 days before the special primary election.

History. (§ 8.33 ch 83 SLA 1960; § 52, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, inserted “calling the special primary election and special election” following “the proclamation” and “special primary” following “before the”.

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.

History. (§ 8.34 ch 83 SLA 1960)

Sec. 15.40.270. Date of nominations.

Candidates for the special election shall be nominated by petition transmitted by actual physical delivery of the petition in person or by mail postmarked not later than midnight of the filing date.

History. (§ 8.35 ch 83 SLA 1960; am § 20 ch 125 SLA 1962; am § 166 ch 100 SLA 1980; am § 51 ch 13 SLA 2019)

Effect of amendments. —

Sec. 15.40.280. Requirements of petition for candidates.

History. (§ 8.36 ch 83 SLA 1960; am § 167 ch 100 SLA 1980; am § 36 ch 85 SLA 1986; § 53, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section, which read, “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.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.300. Selection of party nominees.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.310. General provisions for conduct of the special primary election and special election.

Unless specifically provided otherwise, all provisions regarding the conduct of the primary and general election shall govern the conduct of the special primary election and 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.

History. (§ 8.39 ch 83 SLA 1960; am § 5 2004 Ballot Measure No. 4; am § 7 ch 50 SLA 2004; § 54, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, inserted “primary and” following “conduct of the”, and “primary election and special” following “conduct of the special”.

Article 3. Legislature.

Collateral references. —

25 Am. Jur. 2d, Elections, § 1 et seq.

26 Am. Jur. 2d, Elections, § 1 et seq.

38 Am. Jur. 2d, Governor, §§ 5 — 7.

63C Am. Jur. 2d, Public Officers and Employees, §§ 87, 90, 103 — 121.

29 C.J.S., Elections, §§ 1(3), 70 — 74.

81A C.J.S., States, §§ 43, 71, 87.

What is “public place” within requirement as to posting of election notices. 90 ALR2d 1210.

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.

History. (§ 8.51 ch 83 SLA 1960)

Sec. 15.40.330. Qualification and confirmation of appointee.

The appointee shall meet the qualifications of a member of the legislature as prescribed in art. II, sec. 2, Constitution of the State of Alaska, and, if the predecessor in office was a member of a political party or political group at the time of the vacancy, (1) shall be a member of the same political party or political group as the predecessor in office; and (2) shall be subject to confirmation by a majority of the members of the legislature who are members of the same political party or political group as the predecessor in office and of the same house as was the predecessor in office. If the predecessor in office was not a member of a political party or political group at the time of the vacancy, or, if no other member of the predecessor’s political party or political group 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 or political group, as provided in (b) of this section, the appointment is not subject to confirmation. If the appointee is a member of a political party or political group, the appointment is subject to confirmation as provided by (b) of this section for the confirmation of political party or political group appointees.
A member of a political party or political group is a person who supports the political program of a political party or political group. The absence of a political party or political group designation after a candidate's name on an election ballot does not preclude a candidate from being a member of a political party or political group. Recognition of a candidate as a member of a political party or political group caucus of members of the legislature at the legislative session following the election of the candidate is recognition of that person’s political party or political group membership for the purposes of confirmation under this section.

History. (§ 8.52 ch 83 SLA 1960; am § 168 ch 100 SLA 1980; § 55, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section.

Opinions of attorney general. —

A candidate appointed by the governor to fill a vacated state senate seat was rejected by vote of the members of the departing senator’s party at a closed-door meeting held without notice of the time or place of the meeting. In the absence of such notice, there could be no proper action on the appointment. Further, the vote must take place in open session, and until such a vote is taken, the governor is free to appoint a candidate under AS 15.40.320 . 2009 Op. Alaska Att’y Gen. (April 18, 2009).

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.

History. (§ 8.53 ch 83 SLA 1960)

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.

History. (§ 8.54 ch 83 SLA 1960)

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.

History. (§ 8.55 ch 83 SLA 1960)

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.

History. (§ 8.56 ch 83 SLA 1960)

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 primary election and 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.

History. (§ 8.57 ch 83 SLA 1960; am § 169 ch 100 SLA 1980; § 56, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, inserted “primary election and a special” following “shall call a special”.

Sec. 15.40.390. Date of special primary election and special election.

The special primary election to fill a vacancy in the state senate shall be held on the date of the first primary election held more than 60 days after the senate vacancy occurs, and the special election shall be held on the date of the first general election thereafter.

History. (§ 8.58 ch 83 SLA 1960; § 57, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section, which read, “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 primary election and special election.

The governor shall issue the proclamation calling the special primary election and special election at least 50 days before the special primary election.

History. (§ 8.59 ch 83 SLA 1960; § 58, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, inserted “special primary election and” following “proclamation calling the” and “special primary” following “50 days before the”.

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.

History. (§ 8.60 ch 83 SLA 1960; am § 170 ch 100 SLA 1980)

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.

History. (§ 8.61 ch 83 SLA 1960; am § 34 ch 69 SLA 1970)

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 actual physical delivery of the petition in person or by mail postmarked not later than midnight of the filing date.

History. (§ 8.62 ch 83 SLA 1960; am § 21 ch 125 SLA 1962; am § 171 ch 100 SLA 1980; am § 52 ch 13 SLA 2019)

Effect of amendments. —

The 2019 amendment, effective October 17, 2019, deleted the (1) and (2) designations, deleted "; or (3) by telegram or a copy in substance of the statements made in the petition to the director before September 2 just before the special election" at the end, and made related and stylistic changes.

Sec. 15.40.440. Requirements of petition for candidates.

Petitions for the nomination of candidates must be executed under oath, state in substance that which is required in a declaration of candidacy under AS 15.25.030 , and include the fee required under AS 15.25.050(a) .

History. (§ 8.63 ch 83 SLA 1960; am § 172 ch 100 SLA 1980; am § 37 ch 85 SLA 1986; am § 19 ch 58 SLA 1995; am § 54 ch 21 SLA 2000; § 59, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, rewrote the section, which read, “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 .”

Notes to Decisions

Ballot access requirement. —

Sec. 15.40.450. Requirements of petition by political party.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.460. Selection of political party nominees.

History. [Repealed, § 72, 2020 General Election Ballot Measure 2 SLA 2020.]

Sec. 15.40.470. General provision for conduct of the special primary election and special election.

Unless specifically provided otherwise, all provisions regarding the conduct of the primary election and general election shall govern the conduct of the special primary election and 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.

History. (§ 8.66 ch 83 SLA 1960; am § 6 2004 Ballot Measure No. 4; am § 8 ch 50 SLA 2004; § 60, 2020 General Election Ballot Measure 2)

Effect of amendments. —

The 2020 amendment, effective February 28, 2021, inserted “primary election and” following “regarding the conduct of” and “primary election and special” following “conduct of the special”.

Chapter 45. Initiative, Referendum, and Recall.

Cross references. —

For constitutional provisions related to initiative, referendum, and recall, see art. XI, Constitution of the State of Alaska.

Notes to Decisions

Article does not toll time for consideration of initiative. —

Nothing in the constitution says or implies that the process of verification of signatures tolls the time in which the initiative is to be considered by the legislature and proceeds onto the ballot (or is voided by legislative enactment of substantially the same measure); similarly, the statutory provisions in this article neither express nor imply any tolling of the time. Yute Air Alaska v. McAlpine, 698 P.2d 1173 (Alaska 1985).

Article 1. Initiative.

Collateral references. —

42 Am. Jur. 2d, Initiative and Referendum, § 1 et seq.

82 C.J.S., Statutes, §§ 108-144.

Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor. 27 ALR2d 604.

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.

History. (§ 9.01 ch 83 SLA 1960)

Notes to Decisions

This section embodies a statutory restatement of the constitutional restriction found in Alaska Const., art. XI, § 7. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Nonmonetary state assets as subject to legislative appropriation. —

This section restricts subjects for initiatives, and mirrors article XI, section 7 of the Alaska Constitution. Therefore, it was applicable to an initiative for restriction of commercial set net fishing in nonsubsistence areas, which was, in effect, a prohibited appropriation. Nonmonetary state assets such as fish may be the subject of appropriations, a power reserved to the legislature. Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015)

Initiative constitutional. —

Because on its face the proposed initiative was of general statewide applicability, it was not prohibited special or local legislation, and the initiative’s provisions bore a fair and substantial relationship to legitimate state purposes. Pebble L.P. v. Parnell, 215 P.3d 1064 (Alaska 2009), overruled in part, Mallott v. Stand for Salmon, 431 P.3d 159 (Alaska 2018).

Liberal construction on review. —

In reviewing an initiative prior to submission to the people, the requirements of the constitutional and statutory provisions pertaining to the use of initiatives should be liberally construed. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

What constitutes local or special legislation. —

See Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Subject matter of initiative to be considered. —

In deciding whether an initiative is local or special legislation, the supreme court must consider the subject matter of the initiative and determine whether the subject matter is of common interest to the whole state. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Initiative for secession from United States denied certification. —

Under the authority of AS 15.45.070 and 15.45.080 , the Lieutenant Governor properly denied certification of a ballot initiative under Alaska Const. art. XI, § 1 and Alaska Const. art. XII, § 11, calling for Alaska’s secession from United States because, although neither the federal nor state constitutions expressly prohibited secession, U.S. Supreme Court had found it clearly unconstitutional and the state was thus bound under Supremacy Clause, U.S. Const. art. VI, cl. 2; thus, pursuant to codification of constitutional provisions of this section and AS 15.45.040 , the Lieutenant Governor was permitted to deny certification, and the Ninth and Tenth Amendments to the U.S. Constitution did not permit secession because the state could not reserve a power that it had never possessed. Kohlhaas v. State, 147 P.3d 714 (Alaska 2006).

Where appellant proposed a ballot initiative calling for a statewide vote on whether Alaska should secede from the United States, the lieutenant governor correctly denied certification because the initiative did not comply with AS 15.45.040 , or this section. Secession from the union was clearly unconstitutional, and the people of Alaska could not effect constitutional change through the initiative process. Kohlhaas v. State, 223 P.3d 105 (Alaska 2010).

A law does not cease to be general because it operates only in certain subdivisions of the state. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Legislation, whether enacted by the legislature or by the initiative, need not operate evenly on all parts of the state to avoid being classified as local or special. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

The critical element is whether there is a rational basis for the particular classification. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

The classification must bear a reasonable and proper relationship to the purposes of the act and the problem sought to be remedied. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Proposed initiative had general statewide applicability. —

An initiative that would require legislative approval for large-scale metallic sulfide mining operations located within a bay’s watershed permissibly distinguished the watershed and its salmon fishery and did not violate the prohibition on local or special legislation; the bay’s unique and significant biological and economic characteristics were of great interest to the region and to the State as a whole, and the initiative’s purpose, to protect wild salmon and waters, was legitimate. Hughes v Treadwell, 341 P.3d 1121 (Alaska 2015).

Initiative for relocating state capital not unconstitutional. —

Exclusion of Anchorage and Fairbanks as potential sites for the new capital did not render an initiative for relocating the state capital unconstitutional under Alaska Const., art. XI, § 7, which prohibits use of the initiative to enact local or special legislation. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

The initiative’s exclusion of Anchorage and Fairbanks was not arbitrary, but was premised on the view that the new capital should be a planned capital and one that should not be located in the relatively heavily urbanized areas of Anchorage and Fairbanks. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

The question of the location of Alaska’s capital has obvious statewide interest and impact. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

As to scope of lieutenant governor’s review of initiative application to determine that it is not local or special legislation, see Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Initiative attempting to alter or supplement existing court rules. —

Lieutenant governor properly denied certification of an initiative that would have set maximum allowable levels of attorney’s fees in personal injury cases, where the initiative constituted an attempt to prescribe a rule of court in violation of Article XI, § 7 of the Alaska Constitution and would have altered or supplemented existing court rules regulating contingent fees. Citizens Coalition for Tort Reform v. McAlpine, 810 P.2d 162 (Alaska 1991).

Initiative to set priorities among different salmon harvest users. —

Salmon are public assets of the state which may not be appropriated by initiative, and an initiative to require the Board of Fisheries, after providing for the biological escapement needs of Alaska’s salmon stocks, to reserve a priority for the harvest needs for each particular salmon stock of personal use, sport, and subsistence fisheries prior to allocating any portion of the harvestable surplus to commercial fisheries was an appropriation of state assets in violation of Alaska Const., art. XI, § 7, as well as this section. Pullen v. Ulmer, 923 P.2d 54 (Alaska 1996).

Remedy for defective petition. —

Although the lieutenant governor prepared a defective summary for the Parental Involvement Initiative, a corrected summary could be placed on the ballot without requiring the sponsors to recirculate the petition because petition-signer inadvertence was unlikely or minimal, despite the omission of punishment as a felony for physicians in violation. Planned Parenthood v. Campbell, 232 P.3d 725 (Alaska 2010).

Quoted in

Mallott v. Stand for Salmon, 431 P.3d 159 (Alaska 2018).

Cited in

Anchorage Citizens for Taxi Reform v. Municipality of Anchorage, 151 P.3d 418 (Alaska 2006); Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

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.

History. (§ 9.02 ch 83 SLA 1960; am § 22 ch 125 SLA 1962)

Notes to Decisions

Sufficiency of summary. —

Ballot summary's statement was an inaccurate and misleading statement because it misled voters about a section's effect since the summary did not disclose disputed and unripe implementation questions that other agencies would resolve; until the proper agencies reviewed the section, the lieutenant governor's assessment was speculative and improperly weighed in on its interpretation. Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Ballot summary's statement was an inaccurate and misleading statement because a section of the initiative directly conflicted with AS 40.25.100 , making tax information in the Department of Revenue's possession confidential; the initiative further conflicted with AS 43.05.230 , and the initiative's text did not explain how it would interact with those existing statutes. Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Quoted in

Citizens Coalition for Tort Reform v. McAlpine, 810 P.2d 162 (Alaska 1991).

Stated in

Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Sec. 15.45.030. Form of application.

The application must include the

proposed bill;
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
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.

History. (§ 9.03 ch 83 SLA 1960; am § 31 ch 2 FSSLA 2005)

Notes to Decisions

Initiative for secession from the United States denied certification. —

Where appellant proposed a ballot initiative calling for a statewide vote on whether Alaska should secede from the United States, the lieutenant governor correctly denied certification of the initiative under AS 15.45.080 . Secession from the union is clearly unconstitutional, and the people of Alaska could not effect constitutional change through the initiative process. Kohlhaas v. State, 223 P.3d 105 (Alaska 2010).

Quoted in

Kohlhaas v. State, 147 P.3d 714 (Alaska 2006).

Stated in

Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974); Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000); Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Cited in

Thomas v. Bailey, 595 P.2d 1 (Alaska 1979); Kodiak Island Borough v. Mahoney, 71 P.3d 896 (Alaska 2003); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

Sec. 15.45.040. Form of proposed bill.

The proposed bill shall be in the following form:

the bill shall be confined to one subject;
the subject of the bill shall be expressed in the title;
the enacting clause of the bill shall be: “Be it enacted by the People of the State of Alaska;”
the bill may not include subjects restricted by AS 15.45.010 .

History. (§ 9.04 ch 83 SLA 1960)

Notes to Decisions

Single subject standard is enacted at this section with respect to initiatives; whether this limitation is within the legislature’s power under Alaska Const., art. XI, is questionable; but Alaska Const., art. XII, § 11, makes the law making power equal, and the restriction in Alaska Const., art. II, § 13, therefore, applies to initiatives. Yute Air Alaska v. McAlpine, 698 P.2d 1173 (Alaska 1985).

Sponsors’ initiative violated the single-subject rule because the “soft dedication” of funds concerning two aspects of the initiative was an insufficient link, and there was no other sufficient connection between the initiative’s proposed new oil production tax and its proposed new “clean elections” program. Croft v. Parnell, 236 P.3d 369 (Alaska 2010).

Single subject rule not violated. —

It was error to find a ballot initiative violated the single-subject rule because (1) initiatives were not subject to a stricter one-subject standard than legislation, (2) the initiative's provisions embraced the single subject of election reform and shared the nexus of election administration, (3) the initiative's text showed no transparent attempt to garner voter support through completely unrelated provisions, and (4) nothing suggested the initiative's title was misleading or the initiative was so unclear that the initiative gave rise to a concern about confusion, fraud, or inadvertence. Meyer v. Alaskans for Better Elections, 465 P.3d 477 (Alaska 2020).

Content and format held permissible. —

Proposed initiative relating to mineral mining regulation was constitutionally and statutorily permissible as it would not appropriate public assets, would not enact special legislation, and the summary and cost statements were not defective. Pebble L.P. v. Parnell, 215 P.3d 1064 (Alaska 2009), overruled in part, Mallott v. Stand for Salmon, 431 P.3d 159 (Alaska 2018).

Supreme court declined the State's invitation to interpret an initiative's effect on the Public Records Act before voters had the opportunity to decide whether to adopt the initiative because the initiative was in proper form; the lieutenant governor certified the initiative petition, and the attorney general's legal review concluded that the initiative did not include any of the prohibited subjects and was not clearly unconstitutional under existing authority. Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

The legislature expanded the scope of the lieutenant governor’s review of the initiative application in enacting this section, which requires that a determination be made as to whether unconstitutional subjects were included. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Initiative for secession from United States denied certification. —

Under the authority of AS 15.45.070 and 15.45.080 , the Lieutenant Governor properly denied certification of a ballot initiative under Alaska Const. art. XI, § 1 and Alaska Const. art. XII, § 11, calling for Alaska’s secession from United States because, although neither the federal nor state constitutions expressly prohibited secession, U.S. Supreme Court had found it clearly unconstitutional and the state was thus bound under Supremacy Clause, U.S. Const. art. VI, cl. 2; thus, pursuant to codification of constitutional provisions of AS 15.45.010 and this section, the Lieutenant Governor was permitted to deny certification, and the Ninth and Tenth Amendments to the U.S. Constitution did not permit secession because the state could not reserve a power that it had never possessed. Kohlhaas v. State, 147 P.3d 714 (Alaska 2006).

Where appellant proposed a ballot initiative calling for a statewide vote on whether Alaska should secede from the United States, the lieutenant governor correctly denied certification because the initiative did not comply with this section. Secession from the union was clearly unconstitutional, and the people of Alaska could not effect constitutional change through the initiative process. Kohlhaas v. State, 223 P.3d 105 (Alaska 2010).

Abortion ban initiative denied certification. —

Lieutenant governor properly refused to certify an initiative that would ban all abortions in Alaska because the lieutenant governor has the authority to deny certification of an initiative if controlling authority shows the initiative’s unconstitutionality. Here, the initiative was clearly unconstitutional under controlling authority barring states from banning all abortions. Desjarlais v. State, 300 P.3d 900 (Alaska 2013).

Cited in

Thomas v. Bailey, 595 P.2d 1 (Alaska 1979); Kodiak Island Borough v. Mahoney, 71 P.3d 896 (Alaska 2003); Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015).

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.

History. (§ 9.05 ch 83 SLA 1960)

Notes to Decisions

This section is the only statutory provision regulating the manner of notice concerning initiative applications. Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), overruled, McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Cited in

Thomas v. Bailey, 595 P.2d 1 (Alaska 1979).

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.

History. (§ 9.06 ch 83 SLA 1960; am § 32 ch 2 FSSLA 2005)

Notes to Decisions

Intervention of right. —

A sponsor’s direct interest in legislation enacted through the initiative process and the concomitant need to avoid the appearance of adversity will ordinarily preclude courts from denying intervention as of right to a sponsoring group, but Alaska courts should retain discretion to deny intervention in exceptional cases, because this section places no limit on the number of initiative sponsors and therefore potentially opens the door to an unlimited number of motions for intervention. Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000).

Cited in

Thomas v. Bailey, 595 P.2d 1 (Alaska 1979).

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.

History. (§ 9.07 ch 83 SLA 1960; am § 2 ch 38 SLA 2006)

Notes to Decisions

Initiative for secession from United States denied certification. —

Under the authority of this section and AS 15.45.080 , the Lieutenant Governor properly denied certification of a ballot initiative under Alaska Const. art. XI, § 1 and Alaska Const. art. XII, § 11, calling for Alaska’s secession from United States because, although neither the federal nor state constitutions expressly prohibited secession, U.S. Supreme Court had found it clearly unconstitutional and the state was thus bound under Supremacy Clause, U.S. Const. art. VI, cl. 2; thus, pursuant to codification of constitutional provisions of AS 15.45.010 , 15.45.040 , the Lieutenant Governor was permitted to deny certification, and the Ninth and Tenth Amendments to the U.S. Constitution did not permit secession because the state could not reserve a power that it had never possessed. Kohlhaas v. State, 147 P.3d 714 (Alaska 2006).

Where appellant proposed a ballot initiative calling for a statewide vote on whether Alaska should secede from the United States, the lieutenant governor correctly denied certification of the initiative. Secession from the union was clearly unconstitutional, and the people of Alaska could not effect constitutional change through the initiative process. Kohlhaas v. State, 223 P.3d 105 (Alaska 2010).

Sufficiency of summary. —

Ballot summary's statement was inaccurate and misleading. It misled voters about a section's effect; the summary did not disclose disputed and unripe implementation questions that other agencies would resolve. Until the proper agencies reviewed the section, the lieutenant governor's assessment was speculative and improperly weighed in on its interpretation. Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Quoted in

Citizens Coalition for Tort Reform v. McAlpine, 810 P.2d 162 (Alaska 1991).

Cited in

Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974); Thomas v. Bailey, 595 P.2d 1 (Alaska 1979); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

Sec. 15.45.080. Bases of denial of certification.

The lieutenant governor shall deny certification upon determining in writing that

the proposed bill to be initiated is not confined to one subject or is otherwise not in the required form;
the application is not substantially in the required form; or
there is an insufficient number of qualified sponsors.

History. (§ 9.08 ch 83 SLA 1960; am § 10 ch 73 SLA 2010)

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, the 2010 amendment of the provisions of this section apply “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Notes to Decisions

Initiative for secession from United States denied certification. —

Under the authority of AS 15.45.070 and this section, the Lieutenant Governor properly denied certification of a ballot initiative under Alaska Const. art. XI, § 1 and Alaska Const. art. XII, § 11, calling for Alaska’s secession from United States because, although neither the federal nor state constitutions expressly prohibited secession, U.S. Supreme Court had found it clearly unconstitutional and the state was thus bound under Supremacy Clause, U.S. Const. art. VI, cl. 2; thus, pursuant to codification of constitutional provisions of AS 15.45.010 , 15.45.040 , the Lieutenant Governor was permitted to deny certification, and the Ninth and Tenth Amendments to the U.S. Constitution did not permit secession because the state could not reserve a power that it had never possessed. Kohlhaas v. State, 147 P.3d 714 (Alaska 2006).

Where appellant proposed a ballot initiative calling for a statewide vote on whether Alaska should secede from the United States, the lieutenant governor correctly denied certification of the initiative. Secession from the union was clearly unconstitutional, and the people of Alaska could not effect constitutional change through the initiative process. Kohlhaas v. State, 223 P.3d 105 (Alaska 2010).

Sufficiency of summary. —

Cited in

Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974); Thomas v. Bailey, 595 P.2d 1 (Alaska 1979); Kodiak Island Borough v. Mahoney, 71 P.3d 896 (Alaska 2003); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

Sec. 15.45.090. Preparation of petition.

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.
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.

History. (§ 9.09 ch 83 SLA 1960; am § 1 ch 80 SLA 1998; am § 33 ch 2 FSSLA 2005; am § 11 ch 73 SLA 2010)

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, the 2010 amendment of the provisions of (a) of this section apply “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

Notes to Decisions

Sufficiency of summary. —

In preparing summary of subject matter of proposed bill, the lieutenant governor is entitled to rely on the premise that readers of the summary understand that in the absence of explicit language to the contrary, state initiatives are intended to change state law and bind the state government, not federal law and the federal government, thus he need not give “special” reminders to the voters regarding the scope of a state initiative. Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Remedy for defective petition. —

Sufficiency of cost statement. —

Cost statement provided an accurate estimate of the likely insignificant costs associated with implementation of the initiative and was not defective. Pebble L.P. v. Parnell, 215 P.3d 1064 (Alaska 2009), overruled in part, Mallott v. Stand for Salmon, 431 P.3d 159 (Alaska 2018).

Summary’s prediction as to proposed bill’s effect was amply supported by text of bill, consequently the summary’s use of the language “would prevent” was neither misleading nor inaccurate. Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Challenger did not meet its burden of showing the inadequacy of the summary prepared by the lieutenant governor for the proposed initiative; the summary provided an accurate depiction of the scope and substance of the initiative, and the superior court correctly concluded that it was a fair, true, neutral, and impartial explanation of the main features of the initiative’s contents. Pebble L.P. v. Parnell, 215 P.3d 1064 (Alaska 2009), overruled in part, Mallott v. Stand for Salmon, 431 P.3d 159 (Alaska 2018).

Stated in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Cited in

Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

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.

History. (§ 9.10 ch 83 SLA 1960; am § 173 ch 100 SLA 1980)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.45.105. Qualifications of circulator.

To circulate a petition booklet, a person shall be

a citizen of the United States;
18 years of age or older; and
a resident of the state as determined under AS 15.05.020 .

History. (§ 34 ch 2 FSSLA 2005)

Sec. 15.45.110. Circulation of petition; prohibitions and penalty.

The petitions may be circulated throughout the state only in person.
[Repealed, § 92 ch 82 SLA 2000.]
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.
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.
A person or organization that violates (c) or (d) of this section is guilty of a class B misdemeanor.
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 .

History. (§ 9.11 ch 83 SLA 1960; am § 2 ch 80 SLA 1998; am §§ 63 — 65, 92 ch 82 SLA 2000)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Notes to Decisions

Compensation. —

Signatures on petitions for an initiative to appear on a ballot were appropriate because the Alaska statute which set a $1 a signature limit on circulator compensation, was unconstitutional. The statute significantly burdened core political speech and was not narrowly tailored to achieve the State of Alaska's interests. Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

Cited in

Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000).

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.

History. (§ 9.12 ch 83 SLA 1960; am § 35 ch 2 FSSLA 2005)

Notes to Decisions

Audit of initiative petition signatures held reasonable. —

In an initiative imposing additional taxes on the cruise ship industry, although the Alaska Election Division’s method of auditing signatures, pursuant to Alaska Const. art. XI, § 3, this section and AS 15.45.130 , was imprecise in that voting registration status could only be verified as of the date the petitions were filed, the audit was reasonable given that there was no statutory requirement that each signature be dated at the time of the audit. N. W. Cruiseship Ass'n of Alaska, Inc. v. Office of Lieutenant Governor, Div. of Elections, 145 P.3d 573 (Alaska 2006).

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

that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.105 ;
that the person is the only circulator of that petition;
that the signatures were made in the circulator’s actual presence;
that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.110(c) ;
that the circulator has not violated AS 15.45.110(d) with respect to that petition; and
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.

History. (§ 9.13 ch 83 SLA 1960; am § 3 ch 80 SLA 1998; am § 66 ch 82 SLA 2000; am § 36 ch 2 FSSLA 2005)

Cross references. —

For applicability provisions relating to the 1998 amendments to this section, see § 8(c), ch. 80, SLA 1998 in the 1998 Temporary and Special Acts.

Notes to Decisions

Audit of initiative petition signatures held reasonable. —

In an initiative imposing additional taxes on the cruise ship industry, although the Alaska Election Division’s method of auditing signatures pursuant to Alaska Const. art. XI, § 3, AS 15.45.120 , and this section, was imprecise in that voting registration status could only be verified as of the date the petitions were filed, the audit was reasonable given that there was no statutory requirement that each signature be dated at the time of the audit. N. W. Cruiseship Ass'n of Alaska, Inc. v. Office of Lieutenant Governor, Div. of Elections, 145 P.3d 573 (Alaska 2006).

Petition properly certified. —

Although an opponent to a ballot initiative argued that the Lieutenant Governor of Alaska was not allowed to count petition booklets' signatures because the petition booklets were not properly certified as the circulators for the booklets were paid in violation of Alaska law, it was not improper for the Lieutenant Governor to certify the petitions because the statutory cap on compensation for the circulators was an unconstitutional requirement. Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

Sec. 15.45.140. Filing of petition.

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.
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.

History. (§ 9.14 ch 83 SLA 1960; am § 1 ch 128 SLA 1971; am § 55 ch 21 SLA 2000; am § 1 ch 148 SLA 2004)

Opinions of attorney general. —

An initiative petition must be sufficient on its face before it may be accepted for filing, i.e., it must have the requisite number of purportedly valid signatures before it may be filed in the office of the attorney general; a petition deficient in this respect should be returned to the sponsors. February 1, 1984 Op. Att’y Gen.

An initiative petition which, on its face, is seen to contain an insufficient number of signatures may not be filed and later supplemented to cure the deficiency. February 1, 1984 Op. Att’y Gen.

Former AS 15.45.170 authorized a supplementary petition, but that privilege is afforded only when a petition, believed to contain a sufficient number of signatures of qualified voters, is later found to contain signatures of persons who are not qualified voters; in such a case, the latent defect of numbers may be cured, but where the defect is patent, the petition may not be accepted for filing. February 1, 1984 Op. Att’y Gen.

Notes to Decisions

Quoted in

Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Stated in

Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000).

Cited in

Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974); Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

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.

History. (§ 9.15 ch 83 SLA 1960)

Notes to Decisions

Quoted in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Cited in

Res. Dev. Council for Alaska, Inc. v. Vote Yes for Alaska's Fair Share, 494 P.3d 541 (Alaska 2021).

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

there is an insufficient number of qualified subscribers;
the subscribers were not resident in at least three-fourths of the house districts of the state; or
there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section.

History. (§ 9.16 ch 83 SLA 1960; am § 56 ch 21 SLA 2000; am § 22 ch 41 SLA 2009)

Notes to Decisions

Cited in

Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

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

Sec. 15.45.180. Preparation of ballot title and proposition.

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.
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.

History. (§ 9.18 ch 83 SLA 1960; am § 1 ch 104 SLA 1988; am § 3 ch 38 SLA 2006)

Revisor’s notes. —

In 2010, in subsection (b), “AS 15.80.005 ” was substituted for “AS 15.60.005 ” to reflect the 2010 renumbering of AS 15.60.005 .

Notes to Decisions

“True and impartial summary.” —

Petition ballot summary for relocation initiative to relocate state legislative sessions failed to meet the requirements of AS 15.45.180 because second sentence was not true and impartial in that the wording effectively negated specific requirements that the voters be informed of the total costs of such a move before the state could spend money to move the legislature under the Frank Initiative, AS 44.06.050 — 44.06.060 . Alaskans for Efficient Gov't, Inc. v. State, 52 P.3d 732 (Alaska 2002).

Sufficiency of summary. —

Revision of ballot summary. —

First portion of the revised sentence was an accurate and impartial because neither the initiative nor the provisions of AS 43.55 specified the process for disclosing relevant tax filings and supporting information; the revised sentence's first portion accurately pointed out the section's scope without improperly opining about its legal effect, and accordingly, the lieutenant governor could, at his discretion, revise the ballot summary to include the proposed revision's first phrase. Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

Quoted in

Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Stated in

DeNardo v. Municipality of Anchorage, 105 P.3d 136 (Alaska 2005).

Cited in

Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000); Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015).

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 primary, or primary election that is held after

the petition has been filed;
a legislative session has convened and adjourned; and
a period of 120 days has expired since the adjournment of the legislative session.

History. (§ 9.19 ch 83 SLA 1960; am § 35 ch 69 SLA 1970; am § 174 ch 100 SLA 1980; am § 4 ch 80 SLA 1998; am § 36 ch 73 SLA 2013; § 61, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in the introductory language, inserted “special runoff,” near the end.

The 2020 amendment, effective February 28, 2021, in the introductory language, substituted “special primary” for “special runoff” near the end.

Editor's notes. —

Opinions of attorney general. —

An initiative petition must be filed before the start of the legislative session in order to be presented to the electorate at the first statewide election held 120 or more days after the conclusion of that session. February 1, 1984 Op. Att’y Gen.

Notes to Decisions

Sufficiency of summary. —

Stated in

Burgess v. Miller, 654 P.2d 273 (Alaska 1982).

Cited in

Lieutenant Governor of Alaska v. Alaska Fisheries Conservation Alliance, Inc., 363 P.3d 105 (Alaska 2015).

Sec. 15.45.195. Public hearings.

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.
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.
Penalties for a violation of this section may not include removal of an initiative from the ballot.
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.

History. (§ 12 ch 73 SLA 2010)

Editor’s notes. —

Under § 16, ch. 73, SLA 2010, this section applies “to an initiative, the application for which is filed with the lieutenant governor under AS 15.45.020 on or after September 9, 2010.”

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.

History. (§ 9.20 ch 83 SLA 1960; am § 175 ch 100 SLA 1980; am § 37 ch 2 FSSLA 2005)

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.

History. (§ 9.21 ch 83 SLA 1960)

Opinions of attorney general. —

An initiative petition, known as 17 AKGA, was certified by the Lieutenant Governor to appear on the November 2018 ballot; it related broadly to campaign finance, public official integrity, and good governance. During the legislative session the legislature enacted HB 44 (Chapter 61, SLA 2018), similarly relating, inter alia, to campaign expenditures and contributions, the legislators’ per diem, gifts by lobbyists, and voting or other actions by a legislator where the legislator had a conflict of interest. Under AS 15.45.210 , where an act of the legislature is substantially the same as a petition, is enacted after the petition has been filed and before the date of the election, the petition is void. Following the passage of HB 44, the Lieutenant Governor determined, and the Attorney General agreed, that the initiative petition known as 17 AKGA, and HB 44, were substantially the same, rendering 17 AKGA void and ineligible to appear on the ballot. 2018 Op. Alaska Att’y Gen. (May 25).

Notes to Decisions

This section was enacted to effectuate Alaska Const., art. XI, § 4. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

The delegation of power in this section is both reasonable and constitutional. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Delegation to the lieutenant governor of the authority to determine whether an act and an initiative are substantially the same is based on sound, practical considerations, is to a logical governmental officer, and is definitionally narrow. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Alaska Const., art. V, § 3, art. XI, § 4 and art. XII, § 11, when read in harmony, give the legislature the power to enact a method of determining whether an act and an initiative are “substantially the same,” as used in Alaska Const., art. XI, § 4. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Interpretation of phrase “substantially the same measure” in Alaska Const., art. XI, § 4. —

See Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Initiative correctly withheld from ballot. —

Substantial similarity existed between ch. 76, SLA 1974, which enacted ch. 13 of Title 15, relating to election campaigns, and an initiative relating to campaign contributions and expenditures, which was filed with the lieutenant governor prior to the regular 1974 session of the legislature. The act effectively displaced the initiative, and the lieutenant governor was correct in withholding the initiative from the ballot. Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

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.

History. (§ 9.22 ch 83 SLA 1960)

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

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.

History. (§ 9.24 ch 83 SLA 1960; am § 176 ch 100 SLA 1980; am § 5 ch 80 SLA 1998)

Notes to Decisions

Applicability of 30-day limitation period. —

The 30-day limitation period in this section applies to all persons, not just the initiative committee. McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988)(overruling that portion of Boucher v. Engstrom, 528 P.2d 456 (Alaska 1974), construing AS 15.45.240 ).

Retroactive application of decision regarding 30-day limitation period. —

No retroactive application would be given to the holding, reversing Engstrom, that the 30-day limitation period applies to all persons, not just the initiative committee, which retroactive application would have barred the challenge by the University of Alaska to an initiative. McAlpine v. University of Alaska, 762 P.2d 81 (Alaska 1988).

Liberal construction of constitutional and statutory requirements. —

Intervention of right. —

A sponsor’s direct interest in legislation enacted through the initiative process and the concomitant need to avoid the appearance of adversity will ordinarily preclude courts from denying intervention as of right to a sponsoring group, but Alaska courts should retain discretion to deny intervention in exceptional cases, because AS 15.45.060 places no limit on the number of initiative sponsors and therefore potentially opens the door to an unlimited number of motions for intervention. Alaskans for a Common Language, Inc. v. Kritz, 3 P.3d 906 (Alaska 2000).

Applied in

Warren v. Boucher, 543 P.2d 731 (Alaska 1975).

Stated in

Burgess v. Miller, 654 P.2d 273 (Alaska 1982); Office of Lieutenant Governor, Div. of Elections v. Vote Yes For Alaska's Fair Share, 478 P.3d 679 (Alaska 2021).

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.

History. (§ 177 ch 100 SLA 1980)

Article 2. Referendum.

Collateral references. —

42 Am. Jur. 2d, Initiative and Referendum, § 1 et seq.

82 C.J.S., Statutes, §§ 108-144.

Right of signer of petition or remonstrance to withdraw therefrom or revoke withdrawal, and time therefor. 27 ALR2d 604.

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.

History. (§ 9.31 ch 83 SLA 1960; am § 10 ch 33 SLA 1999)

Cross references. —

For constitutional restrictions on the subject matter of initiative and referendum, see Alaska Const., art. XI, § 7.

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.

History. (§ 9.32 ch 83 SLA 1960; am § 23 ch 125 SLA 1962)

Sec. 15.45.270. Form of application.

The application must include

the act to be referred;
a statement of approval or rejection;
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
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.

History. (§ 9.33 ch 83 SLA 1960; am § 38 ch 2 FSSLA 2005)

Opinions of attorney general. —

The state legislature has interpreted and implemented Alaska Constitution, art. XI, § 2, passing this section requiring the application for a referendum petition to include the act to be referred. 1963 Alas. Op. Att'y Gen. No. 17.

The application for referendum petition relating to borough legislation was not in proper form, and it was necessary for the proponents of the measure to prepare an application containing the text of ch. 52, SLA 1963, and secure the necessary number of signatures to this application before they could validly prepare a petition for circulation under § 3, art. XI, of the Alaska Constitution. 1963 Alas. Op. Att'y Gen. No. 17.

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.

History. (§ 9.34 ch 83 SLA 1960)

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.

History. (§ 9.35 ch 83 SLA 1960; am § 39 ch 2 FSSLA 2005)

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.

History. (§ 9.36 ch 83 SLA 1960; am § 178 ch 100 SLA 1980)

Sec. 15.45.310. Bases of denial of certification.

The lieutenant governor shall deny certification upon determining that

the application is not substantially in the required form;
there is an insufficient number of qualified sponsors; or
more than 90 days have expired since the adjournment of the legislative session at which the act being referred was passed.

History. (§ 9.37 ch 83 SLA 1960)

Sec. 15.45.320. Preparation of petition.

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.
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.

History. (§ 9.38 ch 83 SLA 1960; am § 40 ch 2 FSSLA 2005)

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.

History. (§ 9.39 ch 83 SLA 1960; am § 179 ch 100 SLA 1980)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.45.335. Qualifications of circulator.

To circulate a petition booklet, a person shall be

a citizen of the United States;
18 years of age or older; and
a resident of the state as determined under AS 15.05.020 .

History. (§ 41 ch 2 FSSLA 2005)

Sec. 15.45.340. Circulation; prohibitions.

The petitions may be circulated throughout the state only in person.
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.
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.
A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor.
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 .

History. (§ 9.40 ch 83 SLA 1960; am § 67 ch 82 SLA 2000; am § 42 ch 2 FSSLA 2005)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

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.

History. (§ 9.41 ch 83 SLA 1960; am § 43 ch 2 FSSLA 2005)

Sec. 15.45.360. Certification of circulator.

that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.335 ;
that the person is the only circulator of that petition;
that the signatures were made in the circulator’s actual presence;
that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.340(b) ;
that the circulator has not violated AS 15.45.340(c) with respect to that petition; and
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.

History. (§ 9.42 ch 83 SLA 1960; am § 68 ch 82 SLA 2000; am § 44 ch 2 FSSLA 2005)

Sec. 15.45.370. Filing of petition.

The sponsors may file the petition

only if it is signed by qualified voters
only within 90 days after the adjournment of the legislative session at which the act was passed; and
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 (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.

History. (§ 9.43 ch 83 SLA 1960; am § 57 ch 21 SLA 2000; am § 2 ch 148 SLA 2004)

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.

History. (§ 9.44 ch 83 SLA 1960)

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

there is an insufficient number of qualified subscribers;
the subscribers were not resident in at least three-fourths of the house districts of the state;
there is an insufficient number of qualified subscribers from each of the house districts described in (2) of this section; or
the petition was not filed within 90 days after the adjournment of the legislative session at which the act was passed.

History. (§ 9.45 ch 83 SLA 1960; am § 58 ch 21 SLA 2000; am § 23 ch 41 SLA 2009)

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.

History. (§ 9.46 ch 83 SLA 1960)

Sec. 15.45.410. Preparation of ballot title and proposition.

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.
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.

History. (§ 9.47 ch 83 SLA 1960; am § 2 ch 104 SLA 1988; am § 4 ch 38 SLA 2006)

Revisor’s notes. —

In 2010, in subsection (b), “AS 15.80.005 ” was substituted for “AS 15.60.005 ” to reflect the 2010 renumbering of AS 15.60.005 .

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 primary, or primary election held more than 180 days after adjournment of the legislative session at which the act was passed.

History. (§ 9.48 ch 83 SLA 1960; am § 36 ch 69 SLA 1970; am § 180 ch 100 SLA 1980; am § 37 ch 73 SLA 2013; § 62, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, inserted “special runoff,” preceding “or primary election”.

The 2020 amendment, effective February 28, 2021, substituted “special primary” for “special runoff” preceding “, or primary election”.

Editor's notes. —

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.

History. (§ 9.49 ch 83 SLA 1960; am § 181 ch 100 SLA 1980; am § 45 ch 2 FSSLA 2005)

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.

History. (§ 9.50 ch 83 SLA 1960)

Notes to Decisions

Section adopts language of Constitution. —

This section adopted almost verbatim the language of Alaska Constitution, art. XI, § 6, for establishing the time when an act rejected by referendum shall become void. Walters v. Cease, 388 P.2d 263 (Alaska 1964).

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.

History. (§ 9.51 ch 83 SLA 1960)

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.

History. (§ 9.52 ch 83 SLA 1960; am § 182 ch 100 SLA 1980)

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.

History. (§ 183 ch 100 SLA 1980)

Article 3. Recall.

Notes to Decisions

Cited in

Meiners v. Bering Strait Sch. Dist., 687 P.2d 287 (Alaska 1984).

Collateral references. —

42 Am. Jur. 2d, Initiative and Referendum, § 1 et seq.

63C Am. Jur. 2d, Public Officers and Employees, §§ 202 — 216.

67 C.J.S., Officers and Public Employees, §§ 182 — 185.

Removal of public officers for misconduct during previous term. 42 ALR3d 691.

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.

History. (§ 9.71 ch 83 SLA 1960)

Cross references. —

For constitutional provisions concerning recall, see Alaska Const., art. XI, § 8.

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.

History. (§ 9.72 ch 83 SLA 1960; am § 24 ch 125 SLA 1962; am § 184 ch 100 SLA 1980)

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.

History. (§ 9.73 ch 83 SLA 1960)

Sec. 15.45.500. Form of application.

The application must include

the name and office of the person to be recalled;
the grounds for recall described in particular in not more than 200 words;
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
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.

History. (§ 9.74 ch 83 SLA 1960; am § 185 ch 100 SLA 1980; am § 59 ch 21 SLA 2000; am § 46 ch 2 FSSLA 2005)

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.

History. (§ 9.75 ch 83 SLA 1960)

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.

History. (§ 47 ch 2 FSSLA 2005)

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.

History. (§ 9.76 ch 83 SLA 1960)

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.

History. (§ 9.77 ch 83 SLA 1960; am § 186 ch 100 SLA 1980; am § 60 ch 21 SLA 2000)

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.

History. (§ 9.78 ch 83 SLA 1960; am § 187 ch 100 SLA 1980)

Sec. 15.45.550. Bases of denial of certification.

The director shall deny certification upon determining that

the application is not substantially in the required form;
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;
the person named in the application is not subject to recall; or
there is an insufficient number of qualified subscribers.

History. (§ 9.79 ch 83 SLA 1960; am § 188 ch 100 SLA 1980)

Opinions of attorney general. —

It was recommended that a petition for recall of a state senator not be certified where, in the summary of grounds for recall, allegations that the senator had been paid by a private company for his advice and loyalty while serving as senator did not constitute an adequate factual or legal basis for determining unfitness to serve or corruption, even where the company was one which was potentially affected by the actions of the legislature. 2006 Inf. Op. Att'y. Gen. (January 17, 663-06-0036).

Recall application’s statement of grounds for recall did not satisfy the legal standard required by AS 15.45.510 , in that the alleged facts, even assuming they were true, were not sufficient to state a claim of incompetence or neglect of duties — the two statutory grounds for recall stated in the summary. 2011 Inf. Op. Att'y Gen. (October 3, 2011) (2011-20-0574).

Recall application’s statement of grounds for recall did not satisfy the legal standard for recall required by AS 15.45.510 , in that the alleged facts, relating to state representative's conduct in changing political parties, was lawful and constitutionally protected and therefore insufficient to state a claim for lack of fitness — the sole statutory ground for recall stated in the summary. 2013 Inf. Op. Att'y Gen. (December 6, 2013) (2013-20-0362).

Sec. 15.45.560. Preparation of petition.

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.
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.

History. (§ 9.80 ch 83 SLA 1960; am § 189 ch 100 SLA 1980; am § 61 ch 21 SLA 2000; am § 48 ch 2 FSSLA 2005)

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.

History. (§ 9.81 ch 83 SLA 1960; am § 190 ch 100 SLA 1980; am § 49 ch 2 FSSLA 2005)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.45.575. Qualifications of circulator.

To circulate a petition booklet, a person shall be

a citizen of the United States;
18 years of age or older; and
a resident of the state as determined under AS 15.05.020 .

History. (§ 50 ch 2 FSSLA 2005)

Sec. 15.45.580. Circulation; prohibitions.

The petitions may be circulated only in person throughout the state.
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.
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.
A person or organization that violates (b) or (c) of this section is guilty of a class B misdemeanor.
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 .

History. (§ 9.82 ch 83 SLA 1960; am § 62 ch 21 SLA 2000; am § 69 ch 82 SLA 2000; am § 51 ch 2 FSSLA 2005; am § 5 ch 38 SLA 2006)

Cross references. — For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

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.

History. (§ 9.83 ch 83 SLA 1960; am § 191 ch 100 SLA 1980; am § 52 ch 2 FSSLA 2005; am § 6 ch 38 SLA 2006)

Sec. 15.45.600. Certification of circulator.

that the person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.575 ;
that the person is the only circulator of that petition;
that the signatures were made in the circulator’s actual presence;
that, to the best of the circulator’s knowledge, the signatures are the signatures of the persons whose names they purport to be;
that, to the best of the circulator’s knowledge, the signatures are of persons who were qualified voters on the date of signature;
that the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.580(b) ;
that the circulator has not violated AS 15.45.580(c) with respect to that petition; and
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.

History. (§ 9.84 ch 83 SLA 1960; am § 192 ch 100 SLA 1980; am § 70 ch 82 SLA 2000; am § 53 ch 2 FSSLA 2005)

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.

History. (§ 9.85 ch 83 SLA 1960; am § 63 ch 21 SLA 2000)

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.

History. (§ 9.86 ch 83 SLA 1960; am § 193 ch 100 SLA 1980)

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

there is an insufficient number of qualified subscribers; or
the petition was filed within less than 180 days of the termination of the term of office of the official subject to recall.

History. (§ 9.87 ch 83 SLA 1960; am § 194 ch 100 SLA 1980)

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.

History. (§ 9.88 ch 83 SLA 1960)

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.

History. (§ 9.89 ch 83 SLA 1960; am § 37 ch 69 SLA 1970; am § 195 ch 100 SLA 1980)

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.”

History. (§ 9.90 ch 83 SLA 1960)

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 a state public official, including 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.

History. (§ 9.91 ch 83 SLA 1960; am § 196 ch 100 SLA 1980; am § 53 ch 13 SLA 2019)

Revisor’s notes. —

In 1988, “municipalities” was substituted for “cities and organized boroughs” under the authority of AS 01.05.031(b)(11) .

Effect of amendments. —

The 2019 amendment, effective October 17,2019, deleted “but not limited to,” following “includ-ing” and made a stylistic change.

Sec. 15.45.680. Statement of official subject to recall; 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.

History. (§ 9.92 ch 83 SLA 1960; am § 197 ch 100 SLA 1980; am § 64 ch 21 SLA 2000; am § 54 ch 2 FSSLA 2005)

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.

History. (§ 9.93 ch 83 SLA 1960; am § 198 ch 100 SLA 1980)

Sec. 15.45.700. Filling vacancy.

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

History. (§ 9.94 ch 83 SLA 1960)

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.

History. (§ 9.95 ch 83 SLA 1960)

Notes to Decisions

Quoted in

McCormick v. Smith, 793 P.2d 1042 (Alaska 1990).

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.

History. (§ 9.96 ch 83 SLA 1960; am § 199 ch 100 SLA 1980)

Notes to Decisions

Quoted in

Meiners v. Bering Strait Sch. Dist., 687 P.2d 287 (Alaska 1984).

Chapter 50. Constitutional Amendments and Conventions.

Cross references. —

For constitutional provisions governing constitutional amendments and conventions, see art. XIII, Constitution of the State of Alaska.

Article 1. Constitutional Amendments.

Notes to Decisions

Proper subject for amendment. —

A legislative resolve to amend the recognition of marriage in the state was sufficiently limited in both quantity and effect of change as to be a proper subject for a constitutional amendment, since few sections of the state Constitution were affected, and nothing in the proposal would necessarily or inevitably alter the basic government framework of the Constitution. Bess v. Ulmer, 985 P.2d 979 (Alaska 1999).

A ballot measure designed to alter the reapportionment scheme of the state Constitution, although a significant change in the system of state government, did not deprive the executive branch of its foundational power to enforce the laws of the state, and thus the proposal did not constitute a revision. Bess v. Ulmer, 985 P.2d 979 (Alaska 1999).

Collateral references. —

16 Am. Jur. 2d, Constitutional Law, §§ 11, 19 — 39.

25 Am. Jur. 2d, Elections, § 1 et seq.

16 C.J.S., Constitutional Law, §§ 7 — 11.

29 C.J.S., Elections, § 170.

Sec. 15.50.010. Preparation of proposition for constitutional amendment.

The lieutenant governor shall prepare a proposed ballot title and proposition for each amendment to the Constitution of the State of Alaska 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.
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.

History. (§ 10.01 ch 83 SLA 1960; am § 1 ch 99 SLA 1978; am § 3 ch 104 SLA 1988)

Revisor’s notes. —

In 2010, in subsection (b), “AS 15.80.005 ” was substituted for “AS 15.60.005 ” to reflect the 2010 renumbering of AS 15.60.005 .

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.

History. (§ 10.02 ch 83 SLA 1960)

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.

History. (§ 2 ch 99 SLA 1978; am § 200 ch 100 SLA 1980)

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 .

History. (§ 2 ch 99 SLA 1978)

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.

History. (§ 10.03 ch 83 SLA 1960; am § 201 ch 100 SLA 1980)

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.

History. (§ 10.04 ch 83 SLA 1960; am § 202 ch 100 SLA 1980; am § 71 ch 82 SLA 2000)

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.

History. (§ 10.05 ch 83 SLA 1960)

Sec. 15.50.060. Effective date.

Unless otherwise provided in the amendment, it becomes effective 30 days after certification.

History. (§ 10.06 ch 83 SLA 1960)

Article 2. Constitutional Conventions.

Collateral references. —

16 Am. Jur. 2d, Constitutional Law, §§ 11, 22-36.

16 C.J.S., Constitutional Law, §§ 7-11.

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.

History. (§ 10.51 ch 83 SLA 1960; am § 203 ch 100 SLA 1980)

Cross references. —

For constitutional provisions concerning placement of the question of a constitutional convention on ballot, see Alaska Const., art. XIII, § 3.

Administrative Code. —

For administration, see 7 AAC 5, art. 1.

Notes to Decisions

Question required to be presented in form prescribed by Alaska Const., art. XIII, § 3. —

See Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

Inclusion of unauthorized language was malconduct. —

The inclusion in the referendum ballot, by the executive officer charged with the duty of preparing the ballot, of unauthorized prefatory language was malconduct within the intendment of AS 15.20.540 (1). Boucher v. Bomhoff, 495 P.2d 77 (Alaska 1972).

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.

History. (§ 10.52 ch 83 SLA 1960)

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.

History. (§ 10.53 ch 83 SLA 1960)

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.

History. (§ 10.54 ch 83 SLA 1960)

Article 3. 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.

History. (§ 204 ch 100 SLA 1980)

Chapter 55. Election Offenses, Corrupt Practices, and Penalties.

Secs. 15.55.010 — 15.55.250. [Repealed, § 231 ch 100 SLA 1980. For current law, see AS 15.56.]

Chapter 56. Election Offenses, Corrupt Practices, and Penalties.

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 323-356.

Solicitation or receipt of funds by public officer or employee for political campaign expenses or similar purposes as bribery. 55 ALR2d 1137.

Power of corporation to make political contribution or expenditure under state law. 79 ALR3d 491.

State regulation of the giving or making of political contributions or expenditures by private individuals. 94 ALR3d 944.

Election campaign activities as ground for attorney disciplinary action. 26 ALR4th 170.

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

Sec. 15.56.012. Campaign misconduct in the first degree.

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.
Violation of this section is a corrupt practice.
Campaign misconduct in the first degree is a class A misdemeanor.

History. (§ 25 ch 48 SLA 1996)

Cross references. —

For legislative findings and purpose concerning the 1996 amendments made by ch. 48, SLA 1996 that relate to this section, see § 1, ch. 48, SLA 1996 in the Temporary and Special Acts. For construction of the 1996 amendments, see § 29, ch. 48, SLA 1996 in the Temporary and Special Acts. For provisions relating to the applicability of AS 15.13 to certain persons if a court determines that persons who are not individuals must be allowed to contribute to candidates or groups, see § 30, ch. 48, SLA 1996 in the Temporary and Special Acts. For severability of the provisions of ch. 48, SLA 1996, see § 31, ch. 48, SLA 1996 in the Temporary and Special Acts.

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Notes to Decisions

Constitutionality. —

See, holding Los Angeles municipal ordinance, similar to this section, void on its face, Talley v. California, 362 U.S. 60, 80 S. Ct. 536, 4 L. Ed. 2d 559 (U.S. 1960).

Omission of “paid for by” on mailing not corrupt practice. —

A postcard mailed to shareholders of a native regional corporation that offered entry in a $1,000 cash prize drawing to those who submitted a ballot stub, or a similarly sized piece of paper, and stated that the Alaska Federation of Natives endorsed a certain candidate for governor did not violate the purpose of this section although it did not bear the words “paid for by” and, even assuming a technical violation, the deviation was not a “corrupt practice” for purposes of an election contest under AS 15.20.540 . Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

Collateral references. —

Validity and construction of state statute prohibiting anonymous political advertising. 4 ALR4th 741.

Criticism or disparagement of character, competence, or conduct of candidate for office as defamation. 37 ALR4th 1088.

Photograph, defamation by. 52 ALR4th 488.

Class or group defamation as actionable by individual member. 52 A.L.R.4th 618.

Sufficiency of identification of allegedly defamed party. 54 A.L.R.4th 746.

Defamation by statement made in jest. 57 ALR4th 520.

False light invasion of privacy — neutral or laudatory depiction of subject. 59 ALR4th 502.

Sec. 15.56.014. Campaign misconduct in the second degree.

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 ,
  1. containing false factual information relating to a candidate for an election;
  2. that the person knows to be false; and
  3. 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.
Violation of this section is a corrupt practice.
Campaign misconduct in the second degree is a class B misdemeanor.

History. (§ 25 ch 48 SLA 1996; am § 10 ch 1 TSSLA 2002; am § 18 ch 36 SLA 2010)

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.56.016. Campaign misconduct in the third degree.

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
  1. violates AS 15.15.170 ; or
  2. circulates cards, handbills, or marked ballots, or posts political signs or posters relating to a candidate at an election or election proposition or question.
Campaign misconduct in the third degree is a violation.

History. (§ 25 ch 48 SLA 1996; am § 72 ch 82 SLA 2000; am § 29 ch 40 SLA 2008)

Cross references. —

For fines for violations, see AS 12.55.035 .

Sec. 15.56.018. Applicability of campaign misconduct provisions.

For purposes of AS 15.56.012(a) and 15.56.016(a)(1) , each day a violation continues constitutes a separate offense.
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.

History. (§ 25 ch 48 SLA 1996)

Cross references. —

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

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

Sec. 15.56.025. Telephone campaign misconduct.

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.
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.
Telephone campaign misconduct is a class A misdemeanor.

History. (§ 2 ch 142 SLA 1996)

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.56.030. Unlawful interference with voting in the first degree.

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) .
Violation of this section is a corrupt practice.
Unlawful interference with voting in the first degree is a class C felony.
For purposes of (a)(2) and (3) of this section, “other valuable thing”
1. includes
  1. 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
  2. government employment or benefits;
2. does not include
  1. 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;
  2. 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;
  3. care of the voter’s dependents provided in connection with the absence of a voter from home for the purpose of voting;
  4. services provided by a person acting as a representative under AS 15.20.072 ;
  5. services provided by an election official as defined in AS 15.80.010 ; and
  6. transportation of a voter to or from the polls without charge.

History. (§ 205 ch 100 SLA 1980; am §§ 1, 2 ch 87 SLA 1996; am § 73 ch 82 SLA 2000; am § 4 ch 4 SLA 2006)

Revisor's notes. —

Enacted as AS 15.56.031. Renumbered in 1980. In 2010, in (d)(2)(E) of this section, “AS 15.80.010 ” was substituted for “AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Cross references. —

For penalties for felonies, see AS 12.55.035 and 12.55.125 .

For the crime of unlawful interference in an election, see AS 15.56.060 .

Notes to Decisions

Voter assistance program not corrupt practice. —

A borough’s voter assistance program which reimbursed each voter for up to 10 gallons of gasoline used by the voter to reach the polls did not violate the prohibition against inducing a person to vote for or refrain from voting for a person and was not a corrupt practice under this section. Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

Offer of chance drawing accompanied by nonneutral message. —

A postcard mailed to shareholders of a native regional corporation that offered entry in a $1,000 cash prize drawing to those who submitted a ballot stub, or a similarly sized piece of paper, and stated that the Alaska Federation of Natives endorsed a certain candidate for governor potentially violated this section because of the accompanying nonneutral message. Dansereau v. Ulmer, 903 P.2d 555 (Alaska 1995).

Sec. 15.56.035. Unlawful interference with voting in the second degree.

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
  1. knowingly refuses to register a person who is entitled to register under AS 15.07.030 ; or
  2. 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).
Violation of (a)(3) of this section is a corrupt practice.
Unlawful interference with voting in the second degree is a class A misdemeanor.

History. (§ 205 ch 100 SLA 1980; am § 5 ch 4 SLA 2006)

Revisor's notes. —

Enacted as AS 15.56.036. Renumbered in 1980.

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

For the crime of unlawful interference in an election, see AS 15.56.060 .

Sec. 15.56.040. Voter misconduct in the first degree.

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.
Voter misconduct in the first degree is a class C felony.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.041. Renumbered in 1980.

Cross references. —

For penalties for felonies, see AS 12.55.035 and 12.55.125 .

Sec. 15.56.050. Voter misconduct in the second degree.

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 .
Voter misconduct in the second degree is a class A misdemeanor.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.051. Renumbered in 1980.

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.56.060. Unlawful interference with an election.

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
  1. 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
  2. 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.
Unlawful interference with an election is a class C felony.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.061. Renumbered in 1980.

Cross references. —

For penalties for felonies, see AS 12.55.035 and 12.55.125 .

Sec. 15.56.070. Election official misconduct in the first degree.

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.
Election official misconduct in the first degree is a class C felony.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.071. Renumbered in 1980.

Cross references. —

For penalties for felonies, see AS 12.55.035 and 12.55.125 .

Sec. 15.56.080. Election official misconduct in the second degree.

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.
Election official misconduct in the second degree is a class A misdemeanor.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.081. Renumbered in 1980.

Cross references. —

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.56.090. Improper subscription to petition.

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) .
Improper subscription to petition is a class B misdemeanor.

History. (§ 205 ch 100 SLA 1980; am § 6 ch 80 SLA 1998)

Revisor's notes. —

Enacted as AS 15.56.091. Renumbered in 1980.

Cross references. —

For applicability provisions relating to the 1998 amendments to subsection (a), see § 8(d), ch. 80, SLA 1998 in the 1998 Temporary and Special Acts.

For penalties for misdemeanors, see AS 12.55.035 and 12.55.135 .

Sec. 15.56.100. Refusal to allow employees time off.

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.
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.
Refusal to allow employees time off to vote is a violation.

History. (§ 205 ch 100 SLA 1980)

Revisor's notes. —

Enacted as AS 15.56.101. Renumbered in 1980.

Cross references. —

For fines for violations, see AS 12.55.035 .

Sec. 15.56.110. Effect of certain convictions.

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.
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, Constitution of the State of Alaska;
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).

History. (§ 205 ch 100 SLA 1980; am §§ 37 — 40 ch 74 SLA 1985)

Revisor’s notes. —

Enacted as AS 15.56.111. Renumbered in 1980.

In 1988, the phrase “borough or city” was deleted from (b) of this section under the authority of AS 01.05.031(b)(11) .

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.

History. (§ 205 ch 100 SLA 1980)

Revisor’s notes. —

Enacted as AS 15.56.111(c). Renumbered in 1980. Renumbered again in 1982.

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

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

Editor’s notes. —

For effect of the repeal of this section on prosecutions for offenses described in AS 15.05 — 15.60, see sec. 13(i), ch. 95, SLA 2008, in the 2008 Temporary and Special Acts.

Sec. 15.56.199. Definitions.

In this chapter,

“election” includes a local election as defined in AS 15.80.010 in addition to a state election;
“knowingly” has the meaning given in AS 11.81.900(a) .

History. (§ 3 ch 87 SLA 1996)

Revisor’s notes. —

In 2010, in paragraph (1), “AS 15.80.010 ” was substituted for “AS 15.60.010” to reflect the 2010 renumbering of AS 15.60.010.

Chapter 57. Election Pamphlet.

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

Chapter 58. Election Pamphlet.

Collateral references. —

26 Am. Jur. 2d, Elections, § 1 et seq.

29 C.J.S., Elections, §§ 117, 118(1).

Sec. 15.58.010. Election pamphlet.

Before each state general election, and before each state primary, special, or special primary 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.

History. (§ 206 ch 100 SLA 1980; am § 38 ch 85 SLA 1986; am § 7 ch 38 SLA 2006; am § 13 ch 73 SLA 2010; am § 38 ch 73 SLA 2013; § 63, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, substituted “state primary, special, or special runoff election” for “state primary or special election” in the first sentence.

The 2020 amendment, effective February 28, 2021, substituted “special primary” for “special runoff” preceding “election at which”.

Editor's notes. —

Sec. 15.58.020. Contents of pamphlet.

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,
  1. the full text of the proposition specifying constitutional or statutory provisions proposed to be affected;
  2. the ballot title and the summary of the proposition prepared by the director or by the lieutenant governor;
  3. 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;
  4. a neutral summary of the proposition prepared by the Legislative Affairs Agency;
  5. 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,
  1. a full statement of the question placed on the ballot;
  2. 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
  1. the establishment or abolition of a precinct;
  2. the designation, abolition, or modification of precinct boundaries; and
  3. a change in the location of a polling place;
13. the following statement written in bold in a conspicuous location:
Each primary, special, or special primary 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 primary election ballot.
Notwithstanding (a) of this section, if a pamphlet is prepared and published under AS 15.58.010 for a
1. primary election, the pamphlet must contain the following statement written in bold in a conspicuous location, instead of the statement provided by (a)(13) of this section:
2. special primary election, the pamphlet must contain the following statement written in bold in a conspicuous location, instead of the statement provided by (a)(13) of this section:

Each candidate may designate the political party or political group that the candidate is registered as affiliated with. A candidate's political party or political group designation on a ballot does not imply that the candidate is nominated or endorsed by the party or political group or that the party or group approves of or associates with that candidate.

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In each race, you may vote for any candidate listed. If a primary election was held for a state office, United States senator, or United States representative, the four candidates who received the most votes for the office in the primary election advanced to the general election. However, if one of the four candidates who received the most votes for an office at the primary election died, withdrew, resigned, was disqualified, or was certified as incapacitated 64 days or more before the general election, the candidate who received the fifth most votes for the office advanced to the general election.

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At the general election, each candidate will be selected through a ranked-choice voting process and the candidate with the greatest number of votes will be elected. For a general election, you must rank the candidates in the numerical order of your preference, ranking as many candidates as you wish. Your second, third, and subsequent ranked choices will be counted only if the candidate you ranked first does not receive enough votes to continue on to the next round of counting, so ranking a second, third, or subsequent choice will not hurt your first-choice candidate. Your ballot will be counted regardless of whether you choose to rank one, two, or more candidates for each office, but it will not be counted if you assign the same ranking to more than one candidate for the same office.

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In each race, you may vote for any candidate listed. The four candidates who receive the most votes for a state office, United States senator, or United States representative will advance to the general election. However, if, after the primary election and 64 days or more before the general election, one of the four candidates who received the most votes for an office at the primary election dies, withdraws, resigns, is disqualified, or is certified as incapacitated, the candidate who received the fifth most votes for the office will advance to the general election.

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Each candidate may designate the political party or political group that the candidate is registered as affiliated with. A candidate’s political party or political group designation on a ballot does not imply that the candidate is nominated or endorsed by the party or group or that the party or group approves of or associates with that candidate;

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In each race, you may vote for any candidate listed. The four candidates who receive the most votes for a state office or United States senator will advance to the special election. However, if, after the special primary election and 64 days or more before the special election, one of the four candidates who received the most votes for a state office or United States senator at the primary election dies, withdraws, resigns, is disqualified, or is certified as incapacitated, the candidate who received the fifth most votes for the office will advance to the general election. Each candidate may designate the political party or political group that the candidate is registered as affiliated with. A candidate's political party or political group designation on a ballot does not imply that the candidate is nominated or endorsed by the party or group or that the party or group approves of or associates with that candidate.

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History. (§ 206 ch 100 SLA 1980; am § 1 ch 33 SLA 1983; am § 9 ch 63 SLA 1998; am § 65 ch 21 SLA 2000; am § 55 ch 2 FSSLA 2005; am §§ 8, 9 ch 38 SLA 2006; am § 14 ch 73 SLA 2010; am § 39 ch 73 SLA 2013; am § 3 ch 13 SLA 2016; §§ 64 — 66, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Administrative Code. —

For election pamphlet, see 6 AAC 25, art. 4.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in (b), substituted “primary, special, or special runoff election” for “primary or special election” near the beginning, and substituted “primary, special, or special runoff election” for “primary or special election” near the end.

The 2016 amendment, effective May 28, 2016, in (a)(8), inserted “under AS 15.58.040 ” preceding “by each political party;”.

The 2020 amendment, effective February 28, 2021, added (a)(13); in (b), twice substituted “special primary” for “special runoff”; added (c).

Editor's notes. —

Sec. 15.58.030. Material to be filed by candidate.

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.
Not 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 may file with the lieutenant governor a photograph and a statement advocating the candidacy.
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.
Pages on which candidates’ photographs or statements appear must be clearly identified with the words “provided and paid for by the candidate.”
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.
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.
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.
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.

History. (§ 206 ch 100 SLA 1980; am §§ 39 — 41 ch 85 SLA 1986; am § 30 ch 67 SLA 1989; am § 20 ch 58 SLA 1995; am §§ 10 — 12 ch 63 SLA 1998; am § 74 ch 82 SLA 2000; am § 40 ch 73 SLA 2013; § 67, 2020 General Election Ballot Measure 2)

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to (b) of this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Administrative Code. —

For election pamphlet, see 6 AAC 25, art. 4.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, added (h).

The 2020 amendment, effective February 28, 2021, in (b), in the first sentence, substituted “Not later” for “No later” at the beginning, and deleted “or 15.25.180 ” following “under AS 15.25.180 ”, and deleted the second sentence, which read, “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.”

Editor's notes. —

Section 73, 2020 General Election Ballot Measure No. 2, part of the initiative that amended (b) of this section, provides that “[t]he provisions of this act are independent and severable. If any provision of this act, or the applicability of any provision to any person or circumstance, shall be held to be invalid by a court of competent jurisdiction, the remainder of this act shall not be affected and shall be given effect to the fullest extent possible.”

Sec. 15.58.040. Material to be filed by political parties.

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.
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.
Material submitted by a political party may not
1. include images, except for graphic elements including party logos;
2. directly or indirectly advocate
  1. for or against, or use the name of, another political party;
  2. for the election or defeat or use the name of a person who is
    1. a candidate for municipal, state, or federal public office;
    2. a public official, as that term is defined in AS 39.50.200(a) ;
    3. a member of the legislature;
    4. elected or appointed to public office in the federal government.
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.

History. (§ 206 ch 100 SLA 1980; am § 42 ch 85 SLA 1986; am § 4 ch 13 SLA 2016)

Revisor’s notes. —

In 2000, in (b) of this section, “chairperson” was substituted for “chairman” in accordance with sec. 95(3), ch. 82, SLA 2000.

Effect of amendments. —

The 2016 amendment, effective May 28, 2016, added (c) and (d).

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.

History. (§ 206 ch 100 SLA 1980; am § 43 ch 85 SLA 1986; am § 5 ch 38 SLA 1987; am § 1 ch 135 SLA 1990)

Notes to Decisions

Quoted in

State v. Jeffery, 170 P.3d 226 (Alaska 2007).

Sec. 15.58.060. Charges for space in pamphlet.

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.
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.
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.

History. (§ 206 ch 100 SLA 1980; am §§ 47, 48 ch 86 SLA 1996; am § 5 ch 13 SLA 2016)

Effect of amendments. —

The 2016 amendment, effective May 28, 2016, in (b), substituted “Subject to the page limitation under AS 15.58.020(a)(8) , the” for “The” at the beginning of the paragraph, substituted “AS 15.58.040 ” for “this chapter”.

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

Sec. 15.58.080. Distribution.

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.
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.

History. (§ 206 ch 100 SLA 1980; am § 75 ch 82 SLA 2000)

Notes to Decisions

Exception to time requirement for 1978 election. —

See Hammond v. Hickel, 588 P.2d 256 (Alaska 1978), cert. denied, 441 U.S. 907, 99 S. Ct. 1998, 60 L. Ed. 2d 376 (U.S. 1979) (decided under former AS 15.57.050).

Sec. 15.58.090. Delegation by lieutenant governor.

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

History. (§ 206 ch 100 SLA 1980)

Administrative Code. —

For election pamphlet, see 6 AAC 25, art. 4.

Chapter 60. General Provisions.

Secs. 15.60.005 — 15.60.020. [Renumbered as AS 15.80.005 — 15.80.020.]

Chapter 62. Miscellaneous Provisions.

[Repealed, § 26 ch 80 SLA 1963.]

Chapter 65. Rights of Voter and Prohibitions.

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

Chapter 80. General Provisions.

Sec. 15.80.005. Readability of certain election materials.

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.
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.
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.
A court may not enjoin the conduct or results of an election for a failure to comply with (a) or (b) of this section.

History. (§ 4 ch 104 SLA 1988)

Revisor’s notes. —

Formerly AS 15.60.005 . Renumbered in 2010.

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.

History. (§ 18 ch 36 SLA 1990)

Revisor’s notes. —

Formerly AS 15.60.007. Renumbered in 2010.

Sec. 15.80.008. Recognized political party status.

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 .
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 .
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.
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.
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.

History. (§ 56 ch 2 FSSLA 2005)

Revisor’s notes. —

Formerly AS 15.60.008. Renumbered in 2010, at which time “AS 15.80.010 ” was substituted for “AS 15.60.010” in (a)(3) and (b) of this section to reflect the 2010 renumbering of AS 15.60.010.

Editor's notes. —

Paragraph (a)(2) refers to AS 15.25.014 , which was repealed by § 72, 2020 General Election Ballot Measure 2.

Sec. 15.80.010. Definitions.

In this title, unless the context otherwise requires,

History. (§ 12.01 ch 83 SLA 1960; am § 11 ch 71 SLA 1972; am § 13 ch 38 SLA 1974; am § 29 ch 197 SLA 1975; am § 9 ch 208 SLA 1975; am § 207 ch 100 SLA 1980; am § 64 ch 6 SLA 1984; am § 44 ch 85 SLA 1986; am § 14 ch 111 SLA 1994; am § 1 ch 31 SLA 1997; am §§ 66, 67, 102 ch 21 SLA 2000; am §§ 76 — 83, 92 ch 82 SLA 2000; am § 9 ch 50 SLA 2004; am § 6 ch 154 SLA 2004; am § 57 ch 2 FSSLA 2005; am § 15 ch 12 SLA 2006; am § 22 ch 1 TSSLA 2012; am §§ 41, 42 ch 73 SLA 2013; am § 54 ch 13 SLA 2019; §§ 68 — 70, 2020 General Election Ballot Measure 2)

Revisor's notes. —

Reorganized in 1988, 2000, 2004, 2005, 2006, 2013, and 2020.

The amendment made by sec. 66, ch. 21, SLA 2000 was not given effect because the amendment made by sec. 81, ch. 82, SLA 2000, substantially incorporated the changes made by the earlier enactment.

Formerly AS 15.60.010. Renumbered in 2010.

Cross references. —

For findings and intent for the 2020 [effective in 2021] changes to this section, see sec. 1 of 2020 General Election Ballot Measure No. 2.

Effect of amendments. —

The 2013 amendment, effective January 1, 2014, in the definition of “federal election”, inserted “special runoff,” preceding “or primary election”; added definitions for “absent uniformed services voter”, “overseas voter”, and “special runoff election”.

The 2019 amendment, effective October 17, 2019, in (1), substituted “52 U.S.C. 20310” for “42 U.S.C. 1973ff-6” at the end.

The 2020 amendment, effective February 28, 2021, in (9), substituted “special primary” for “special runoff” preceding “, or primary election”; in (27)(A), deleted “nominated a candidate for governor who received at least three percent of the total votes cast for governor at the preceding general election or” following “that”, in (27)(B), deleted “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” following “that”, in (27)(C), deleted “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” following “that”; added (46) [now (34)].

Editor's notes. —

Section 27(a), ch. 1, TSSLA 2012, provides that the 2012 amendment to paragraph (9) applies to offenses committed before, on, or after July 1, 2012.

This section refers to 42 U.S.C. 1973ff-6, which was renumbered in 2014 as 52 U.S.C. 20310, by the U.S. House of Representatives, Office of Law Revision Counsel.

Legislative history reports. —

For the governor's transmittal letter concerning ch. 1, TSSLA 2012 (HB 359), see 2012 House Journal 1666 — 1668.

Opinions of attorney general. —

For a list of crimes which constitute felonies involving moral turpitude, see Nov. 7, 1980 Op. Att’y Gen.

Notes to Decisions

Annotator's notes. —

The definition of “political party,” as amended by § 44, ch. 85, SLA 1986, includes as an element receipt of three percent of the votes cast in the preceding gubernatorial election. A ten percent polling requirement was in effect when Vogler v. Miller, Sup. Ct. Op. No. 2639 (File No. 6959), 660 P.2d 1192 (1983), annotated below, was decided.

Ten percent polling requirement for defining “political party” unconstitutional. —

The eligibility of a party to nominate a candidate for governor through a primary election may not constitutionally be conditioned on that party’s receipt of 10 percent of the votes cast in the preceding gubernatorial election. Vogler v. Miller, 660 P.2d 1192 (Alaska 1983).

The 10 percent polling requirement for defining “political party” may not be justified by the asserted state interests in promoting a two-party system in order to encourage compromise and political stability in ensuring that public officials are elected by a majority of the voters. Vogler v. Miller, 660 P.2d 1192 (Alaska 1983).

Constitutionality of three percent requirement. —

Third-party candidate failed to show that the legislature acted unreasonably in setting a three percent requirement for political party status under this section; preliminary injunction was improper where he did not establish a clear probability of success on the merits of his claim that state ballot access laws were unconstitutional. State v. Metcalfe, 110 P.3d 976 (Alaska 2005).

A constitutional challenge to the former definition of “political party” in this section, restricting political party status to groups which attained at least three percent of the votes polled in the last gubernatorial election, or registered the equivalent number of voters, was not rendered moot by subsequent amendment of the definition, where the governor’s office would again be the touchstone office for the elections in 2007 and 2008, and therefore the legal controversy remained alive. Green Party of Alaska v. State, 147 P.3d 728 (Alaska 2006).

The statutory requirement that a group attain at least three percent of the votes polled in the last gubernatorial election, or register the equivalent number of voters, to be recognized as a political party was constitutional because: (1) The voters were not totally deprived of the opportunity to place candidates on the ballot; (2) the state’s interest in requiring a significant modicum of support was compelling because it helped avoid confusion, deception, and frustration of the democratic process at the general election; and (3) the requirement was sufficiently narrowly tailored to the state’s interests to justify burdening the voters’ rights. Green Party of Alaska v. State, 147 P.3d 728 (Alaska 2006).

“Unconditional discharge” construed. —

The definition of “unconditional discharge” in paragraph (33) [now (30)] is functionally identical to the definition of the same term set out in AS 12.55.185 (12) [now (18)]. Singleton v. State, 921 P.2d 636 (Alaska Ct. App. 1996).

The 10 percent polling requirement for defining “political party” may not be justified by the state interest in requiring some preliminary showing of a significant modicum of support before printing the name of a political organization’s candidate on the ballot since the state has not established that this interest could not have been served by a requirement substantially smaller than 10 percent. Vogler v. Miller, 660 P.2d 1192 (Alaska 1983).

Applied in

Vogler v. Miller, 651 P.2d 1 (Alaska 1982).

Quoted in

Turkington v. City of Kachemak, 380 P.2d 593 (Alaska 1963); Meiners v. Bering Strait Sch. Dist., 687 P.2d 287 (Alaska 1984).

Stated in

Barry v. State, 925 P.2d 255 (Alaska Ct. App. 1996).

Sec. 15.80.020. Short title.

AS 15.05 — AS 15.80 may be cited as the Alaska Election Code.

History. (§ 12.02 ch 83 SLA 1960)

Revisor’s notes. —

Formerly AS 15.60.020; renumbered in 2010, at which time an internal reference to “AS 15.60” was conformed to “AS 15.80”.