AS Title 15, Chapter 20: Special Procedures for Elections

Article 1. Absentee Voting. Chapter 20. Special Procedures for Elections. Sec. 15.20.010. Persons who may vote absentee. At any election a qualified voter may vote an absentee ballot for any reason. Sec. 15.20.015. Moving from house district just before election. A person who meets all voter qualifications except the requirement in AS 15.05.010 (3) is qualified to vote by absentee ballot in the house district in which the person formerly resided if the person lived in that house district for at least 30 days immediately before changing residence, except that the person may vote only for (1) statewide ballot measures and questions; (2) candidates for federal or statewide offices; (3) candidates for the state senate if the voter's former residence and present residence are in the same senate district; and (4) candidates for judicial retention if the voter's former residence and present residence are in the same judicial district. Sec. 15.20.020. Provision for general administrative supervision. The director shall provide general administrative supervision over the conduct of absentee voting. The director shall make available instructions to absentee voters regarding the procedure for absentee voting. Sec. 15.20.030. Preparation of ballots, envelopes, and other material. The director shall provide ballots for use as absentee ballots in all districts. The director shall provide a secrecy sleeve in which the voter shall initially place the marked ballot, and shall provide an envelope with the prescribed voter's certificate on it, in which the secrecy sleeve with ballot enclosed shall be placed. The director shall prescribe the form of and prepare the voter's certificate, envelopes, and other material used in absentee voting. The voter's certificate shall include a declaration, for use when required, that the voter is a qualified voter in all respects, a blank for the voter's signature, a certification that the affiant properly executed the marking of the ballot and gave the voter's identity, blanks for the attesting official or witness, and a place for recording the date the envelope was sealed and witnessed. The envelope with the voter's certificate must include a notice that false statements made by the voter or by the attesting official or witness on the certificate are punishable by law. Sec. 15.20.040. Distribution of ballots, envelopes, and other material. The director shall distribute the absentee ballots, envelopes, and other absentee voting material to the election supervisors for redistribution to absentee voting officials and absentee ballot stations established under AS 15.20.045 (b) before the date upon which a person may first apply for an absentee ballot in person. Sec. 15.20.045. Designation of absentee voting officials and stations. (a) The director or election supervisor may designate persons to act as absentee voting officials under AS 15.20.010 — 15.20.220 in areas where election supervisors do not have offices. Magistrates may, with the approval of the administrative director of the Alaska Court System, be designated under this section. At least 15 days before the election the director shall supply each absentee voting official with appropriate ballots. (b) The director may designate by regulation adopted under AS 44.62 (Administrative Procedure Act) locations at which absentee voting stations will be operated on or after the 15th day before an election up to and including the date of the election. The director shall supply absentee voting stations with ballots for all house districts in the state and shall designate absentee voting officials to serve at absentee voting stations. (c) In a municipality in which the division will not be operating an absentee voting station, the director may designate the municipal clerk as an absentee voting official for the limited purpose of distributing absentee ballots to qualified voters under AS 15.20.061 (a)(1) and qualified voters' representatives under AS 15.20.072 . At least 15 days before the election, the director shall supply municipal clerks designated under this subsection with absentee ballots. Sec. 15.20.048. Absentee voting in offices of election supervisors. [Repealed, § 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. 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) A qualified voter may apply in person for an absentee ballot to the following election officials at the times specified: (1) to an absentee voting official on or after the 15th day before an election up to and including the date of the election; (2) to an election supervisor on or after the 15th day before an election up to and including the date of the election; (3) to an absentee voting official at an absentee voting station designated under AS 15.20.045 (b) on or after the 15th day before an election up to and including the date of the election; (4) to an absentee voting official in the precinct in which no volunteers can be located to serve on the election board on or after the 15th day before an election up to and including election day. (b) On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in AS 15.15.225 , the absentee voting official or election supervisor shall issue the ballot to the applicant. (c) On receipt of an absentee ballot in person, the voter shall proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the envelope in the presence of the election official who shall sign as attesting official and date that signature. The election official shall then accept the ballot. (d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter spoils a ballot, the voter may request and the election official shall provide another ballot up to a maximum of three. Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. (e) Each election official shall keep a record of the names and signatures of voters who cast absentee ballots before the election official and the dates on which the ballots were cast. Sec. 15.20.062. Applications for ballot by personal representative. [Repealed, § 231 ch 100 SLA 1980. For current law, see AS 15.20.061 and 15.20.081.] Sec. 15.20.064. Early voting. (a) For 15 days before an election and on election day, a qualified voter who meets the requirements set out in this section may vote in locations designated by the director. (b) The election supervisor or other election official shall issue a ballot to the voter upon (1) exhibition of proof of identification as required in AS 15.15.225 ; (2) verification that the voter's residence address appearing on the official registration list is current; and (3) the voter's signing the early voting register. (c) After the voter has marked the ballot, the voter shall place the ballot in the secrecy sleeve and inform the election supervisor or other election official. The voter shall deposit the ballot in the ballot box in the presence of the election supervisor or other election official unless the voter requests the election supervisor or other election official to deposit the ballot on the voter's behalf. The tabulation of early voting ballots may not begin before 8:00 p.m. prevailing time on election day. (d) The director shall designate locations for early voting by June 1 of an election year. Sec. 15.20.065. Applications for ballot by personal representative. [Repealed, § 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. (a) The director shall adopt regulations applicable to the delivery of absentee ballots by electronic transmission in a state election and to the use of electronic transmission absentee voting in a state election by qualified voters. The regulations must (1) require the voter to comply with the same time deadlines as for voting in person on or before the closing hour of the polls; (2) ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process. (b) An absentee ballot that is completed and returned by the voter by electronic transmission must (1) contain the following statement: “I understand that, by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible,” followed by the voter's signature and date of signature; and (2) be accompanied by a statement executed under oath as to the voter's identity; the statement under oath must be witnessed by (A) a commissioned or noncommissioned officer of the armed forces of the United States; (B) an official authorized by federal law or the law of the state in which the absentee ballot is cast to administer an oath; or (C) an individual who is 18 years of age or older. Sec. 15.20.070. Application for ballot by mail. [Repealed, § 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) A qualified voter with a disability who, because of that disability, is unable to go to a polling place to vote may vote a special needs ballot. (b) The voter may, through a representative, request a special needs ballot from the following election officials at the times specified: (1) from an absentee voting official on or after the 15th day before an election, up to and including election day; (2) from an election supervisor on or after the 15th day before an election up to and including election day; (3) from an absentee voting official at an absentee voting station designated under AS 15.20.045 (b) on or after the 15th day before an election up to and including the date of the election; or (4) from a member of the precinct election board on election day. (c) If the request for a special needs ballot is made through a representative, the representative shall sign a register provided by an election official. The register must include the following information: (1) the representative's name; (2) the representative's residence and mailing address; (3) the representative's social security number, voter identification number, or date of birth; (4) the name of the voter on whose behalf the representative is requesting a ballot and voting materials; (5) an oath that the representative (A) is receiving a ballot and voting materials on behalf of the voter; (B) will not vote the ballot for the voter; (C) will not coerce the voter; (D) will not divulge the vote cast by the voter; and (E) has been notified that unlawful interference with voting is punishable under AS 15.56.030 ; (6) the representative's signature. (d) The representative shall deliver the special needs ballot and other voting materials to the voter as soon as practicable. The voter shall mark the ballot in secret, place the ballot in the secrecy sleeve, and place the secrecy sleeve in the envelope provided. The voter shall provide the information on the envelope that would be required for absentee voting if the voter voted in person. The voter shall sign the voter's certificate in the presence of the representative. The representative shall sign as attesting official and date the voter's signature. (e) The representative shall deliver the ballot and voter certificate to an election official not later than 8:00 p.m. Alaska time on election day. (f) If a qualified voter's disability precludes the voter from performing any of the requirements of (d) of this section, the representative may perform those requirements, except making the voting decision, on the voter's behalf. (g) The voter's employer, an agent of the voter's employer, or an officer or agent of the voter's union may not act as a representative for the voter. A candidate for office at an election may not act as a representative for a voter in the election. Sec. 15.20.080. Date for application in person. [Repealed, § 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. (a) A qualified voter may apply in person, by mail, or by facsimile, scanning, or other electronic transmission to the director for an absentee ballot under this section. Another individual may apply for an absentee ballot on behalf of a qualified voter if that individual is designated to act on behalf of the voter in a written general power of attorney or a written special power of attorney that authorizes the other individual to apply for an absentee ballot on behalf of the voter. The application must include the address or, if the application requests delivery of an absentee ballot by electronic transmission, the telephone electronic transmission number, to which the absentee ballot is to be returned, the applicant's full Alaska residence address, and the applicant's signature. However, a person residing outside the United States and applying to vote absentee in federal elections in accordance with AS 15.05.011 need not include an Alaska residence address in the application. A person may supply to a voter an absentee ballot application form with a political party or group affiliation indicated only if the voter is already registered as affiliated with the political party or group indicated. The application must be made on a form prescribed or approved by the director. The voter or registration official shall submit the application directly to the division of elections. For purposes of this subsection, “directly to the division of elections” means that an application may not be submitted to any intermediary that could control or delay the submission of the application to the division or gather data on the applicant from the application form. However, nothing in this subsection is intended to prohibit a voter from giving a completed absentee ballot application to a friend, relative, or associate for transfer to the United States Postal Service or a private commercial delivery service for delivery to the division. (b) An application requesting delivery of an absentee ballot to the applicant by mail must be received by the division of elections not less than 10 days before the election for which the absentee ballot is sought. An application for an absentee ballot for a state election from a qualified voter requesting delivery of an absentee ballot to the applicant by electronic transmission must be received by the division of elections not later than 5:00 p.m. Alaska time on the day before the election for which the absentee ballot is sought. An absentee ballot application submitted by mail under this section must permit the person to register to vote under AS 15.07.070 and to request an absentee ballot for each state election held within that calendar year for which the voter is eligible to vote. An absentee ballot application submitted by electronic transmission under this section may not include a provision that permits a person to register to vote under AS 15.07.070 . (c) After receipt of an application, the director shall send the absentee ballot and other absentee voting material to the applicant by the most expeditious mail service. However, if the application requests that an absentee ballot for a state election be sent by electronic transmission, the director shall send the absentee ballot and other absentee voting material to the applicant by electronic transmission. Except as provided in (k) of this section, the absentee ballot and other absentee voting material shall be sent as soon as they are ready for distribution. If the absentee ballot and other absentee voting material are mailed to the applicant, the return envelope sent with the ballot and other materials shall be addressed to the election supervisor in the district in which the voter is a resident. (d) Upon receipt of an absentee ballot by mail, the voter, in the presence of a notary public, commissioned officer of the armed forces including the National Guard, district judge or magistrate, United States postal official, registration official, or other person qualified to administer oaths, may proceed to mark the ballot in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope provided, and to sign the voter's certificate on the envelope in the presence of an official listed in this subsection who shall sign as attesting official and shall date the signature. If none of the officials listed in this subsection is reasonably accessible, an absentee voter shall sign the voter's certificate in the presence of an individual who is 18 years of age or older, who shall sign as a witness and attest to the date on which the voter signed the certificate in the individual's presence, and, in addition, the voter shall certify, as prescribed in AS 09.63.020 , under penalty of perjury, that the statements in the voter's certification are true. (e) An absentee ballot must be marked on or before the date of the election. Except as provided in (h) of this section, a voter who returns the absentee ballot by mail, whether provided to the voter by mail or by electronic transmission, shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the election supervisor for the house district in which the voter seeks to vote. Except as provided in AS 15.20.480 , the ballot may not be counted unless it is received by the close of business on the 10th day after the election. If the ballot is postmarked, it must be postmarked on or before election day. After the day of the election, ballots may not be accepted unless received by mail. (f) The director shall require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of the voter's identity as prescribed by regulations adopted under AS 44.62 (Administrative Procedure Act). If the voter is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 and has not met the identification requirements set out in AS 15.07.060 , the voter must provide one of the following forms of proof of identification: (1) a copy of a driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (2) a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item provided under this paragraph must show the name and current address of the voter. (g) The director shall maintain a record of the name of each voter to whom an absentee ballot is sent under this section. The record must list the date on which the ballot is mailed or provided by electronic transmission and the date on which the ballot is received by the election supervisor and the dates on which the ballot was executed and postmarked. (h) Except as provided in AS 15.20.480 , an absentee ballot returned by mail from outside the United States or from an overseas voter qualifying under AS 15.05.011 that has been marked and mailed not later than election day may not be counted unless the ballot is received by the election supervisor not later than the close of business on the (1) 10th day following a primary election or special primary election under AS 15.40.140 ; or (2) 15th day following a general election or special election, other than a special primary election described in (1) of this subsection. (i) [Repealed, § 44 ch 73 SLA 2013.] (j) The director shall adopt regulations under AS 44.62 (Administrative Procedure Act) specifying the information required to be included on an absentee ballot application form. The regulations must require that an absentee ballot application form (1) contain only that information required under regulations adopted by the director; (2) conceal the personal information of the individual requesting delivery of an absentee ballot while the application is in the custody of the United States Postal Service or other person delivering the application to the division; (3) specify that the form is to be returned by the voter directly to the division, and not to another person providing the form; and (4) if not prepared by the division, be approved by the director before distribution to the public. (k) In accordance with 42 U.S.C. 1973ff-1(a)(8)(A), if an application is received at least 45 days before an election and is from an absent uniformed services voter or an overseas voter, the director shall send an absentee ballot and other voting material to the applicant not later than 45 days before the election. (l) If an application is received at least 45 days before an election and is from a voter who notifies the director in writing that the voter expects to be living, working, or traveling outside the United States at the time of the election or expects to be living, working, or traveling in a remote area of the state where distance, terrain, or other natural conditions deny the voter reasonable access to a polling place at the time of the election, the director shall send an absentee ballot and other voting material to the applicant not later than 45 days before the election. Sec. 15.20.082. Absentee voting by mail from outside the United States or in a remote area; special absentee ballots. [Repealed, § 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. Sec. 15.20.170. Disposition of ballots. Each absentee voting official shall transmit the dated envelopes containing the marked ballots by the most expeditious mail service to the election supervisor for the district. Upon receipt of the absentee ballots the election supervisor shall stamp on the envelope the date on which the ballot is received. Sec. 15.20.180. Names of absentee voters to be made available. The election supervisors and election officials shall have available for public inspection the names and addresses of persons who voted absentee. Sec. 15.20.190. Appointment, duties, and compensation of district counting boards. (a) Thirty days before the date of an election, the election supervisors shall appoint, in the same manner provided for the appointment of election officials prescribed in AS 15.10 , district absentee ballot counting boards and district questioned ballot counting boards, each composed of at least four members. At least one member of each board must be a member of the same political party 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 . (b) [Repealed, § 92 ch 82 SLA 2000.] 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. (a) No less than seven days preceding the day of election, the election supervisor, in the presence and with the assistance of the district absentee ballot counting board, shall review all voter certificates of absentee ballots received by that date. The review of absentee ballots shall continue at times designated by the election supervisor until completed. (b) Counting of absentee ballots that have been reviewed shall begin at 8:00 p.m., local time, on the day of the election at places designated by each election supervisor and shall continue until all absentee ballots reviewed and eligible for counting have been counted. The counting teams shall report the count of absentee ballots to the district absentee ballot counting board. An election supervisor or an election official may not count absentee ballots before 8:00 p.m., local time, on the day of the election. Counting of the absentee ballots shall continue at times designated by the election supervisor until all absentee ballots are counted. (c) Not later than the 15th day following the day of the election, the district absentee ballot counting board shall certify the absentee ballot review. (d) Absentee ballots received in the office of an election supervisor after the completion of the district absentee ballot counting review shall be forwarded immediately to the director by the most expeditious service. Sec. 15.20.203. Procedure for district absentee ballot counting review. (a) The district absentee ballot counting board shall examine each absentee ballot envelope and shall determine whether the absentee voter is qualified to vote at the election and whether the absentee ballot has been properly cast. (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061 (c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; (5) after the day of election, the ballot was delivered by a means other than mail; or (6) the voter voted (A) in person and is a (i) first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 , has not provided the identification required by AS 15.15.225 (a), was not eligible for waiver of the identification requirement under AS 15.15.225 (b), and has not provided the identifiers required in AS 15.07.060 (a)(2) and (3) that can be verified through state agency records described in AS 15.07.055 (e); or (ii) voter other than one described in (i) of this subparagraph, did not provide identification described in AS 15.15.225 (a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060 (a)(2) and (3); or (B) by mail or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060 , and does not submit with the ballot a copy of a (i) driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter. (c) Any person present at the district absentee ballot counting review may challenge the name of an absentee voter when read from the voter's certificate on the envelope if the person has good reason to suspect that the challenged voter is not qualified to vote, is disqualified, or has voted at the same election. The person making the challenge shall specify the basis of the challenge in writing. The district absentee ballot counting board by majority vote may refuse to accept and count the absentee ballot of a person properly challenged on grounds listed in (b) of this section. (d) The election supervisor shall place all rejected absentee ballots in a separate envelope with the statements of challenge. The envelope shall be labeled “rejected absentee ballots” and shall be forwarded to the director with the election certificates and other returns. (e) If an absentee ballot is not rejected, the envelope shall be opened and the secrecy sleeve containing the absentee ballot shall be placed in a container and mixed with other secrecy sleeves. (f) The secrecy sleeves shall be drawn from the container, the absentee ballots shall be removed from the secrecy sleeves, and the absentee ballots counted at the times specified in AS 15.20.201 and according to the rules for determining properly marked ballots in AS 15.15.360 . (g) Upon completion of the absentee ballot review, the election supervisor shall prepare an election certificate for execution by the district absentee ballot counting board and shall forward the original certificate and other returns to the director no later than the 16th day following the election. (h) The director shall prepare and mail to each absentee voter whose absentee ballot was rejected under this section a summary of the reason that the challenge to the absentee ballot was upheld and the absentee ballot was rejected. (i) The director shall mail the materials described in (h) of this section to the voter not later than (1) 10 days after completion of the review of ballots by the state review board for a primary election or 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. (j) The director shall make available through a free access system to each absentee voter a system to check to see whether the voter's ballot was counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than (1) 10 days after certification of the results of a primary election or a special 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. Sec. 15.20.205. Time of district questioned ballot counting review. (a) On the second day following the day of the election, the election supervisor or the supervisor's designee, in the presence and with the assistance of the district questioned ballot counting board, shall review all voter certificates of questioned ballots received by that date. The review of questioned ballots shall continue at times designated by the election supervisor until completed. (b) Counting of questioned ballots which have been reviewed shall begin on the third day following the day of the election and shall continue at times designated by the election supervisor until all questioned ballots reviewed and eligible for counting have been counted. The counting teams shall report the count to the district questioned ballot counting board. (c) The district questioned ballot counting board may certify the questioned ballot totals as soon as the count is completed but no later than the 15th day following the election. (d) Questioned ballots received after certification of the count shall be forwarded immediately to the director by the most expeditious service. Sec. 15.20.207. Procedure for district questioned ballot review. (a) The district questioned ballot counting board shall examine each questioned ballot envelope and shall determine whether the questioned voter is qualified to vote at the election and whether the questioned ballot has been properly cast. (b) A questioned ballot may not be counted if the voter (1) has failed to properly execute the certificate; (2) is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 , has not provided the identification required by AS 15.15.225 (a), was not eligible for waiver of the identification requirement under AS 15.15.225 (b), and has not provided the identifiers required in AS 15.07.060 (a)(2) and (3) that can be verified through state agency records described in AS 15.07.055 (e); or (3) is a voter other than one described in (2) of this subsection, did not provide identification described in AS 15.15.225 (a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060 (a)(2) and (3). (c) Any person present at the district questioned ballot review may challenge the name of a questioned voter when read from the voter's certificate on the envelope if the person has good reason to suspect that the questioned voter is not qualified to vote, is disqualified, or has voted at the same election. The person making the challenge shall specify the basis of the challenge in writing. The district questioned ballot counting board by majority vote may refuse to accept and count the questioned ballot of a person properly challenged under grounds listed in (b) of this section. (d) The election supervisor shall place all rejected questioned ballots in a separate envelope with statements of challenge. The envelope shall be labeled “rejected questioned ballots” and shall be forwarded to the director with the election certificates and other returns. (e) If a questioned ballot is not rejected, the envelope shall be opened and the secrecy sleeve containing the questioned ballot shall be placed in a container and mixed with other secrecy sleeves containing questioned ballots. (f) The secrecy sleeves shall be drawn from the container, the questioned ballots shall be removed from the secrecy sleeves, and the questioned ballots counted at the times specified in AS 15.20.205 and according to the rules for determining properly marked ballots in AS 15.15.360 . (g) Upon completion of the questioned ballot review, the election supervisor shall prepare an election certificate for execution by the district questioned ballot counting board, and shall forward the original certificate and returns to the director as soon as the count is completed but no later than the 16th day following the election. (h) The director shall prepare and mail to each questioned voter whose questioned ballot was rejected under this section a summary of the reason that the challenge to the questioned ballot was upheld and the questioned ballot was rejected. (i) The director shall mail the materials described in (h) of this section to the voter not later than (1) 10 days after completion of the review of ballots by the state review board for a primary election or 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. (j) In addition to mailing the materials under (i)(1) of this section, for a questioned voter whose questioned primary election ballot was rejected, not later than the deadline set out in (i)(1) of this section, the director shall (1) determine whether, from the information obtained under AS 15.07.070 (h), the voter's name may be entered on the voter registration list; (2) if the voter is eligible, register the voter in accordance with the information submitted by the voter under AS 15.07.070 (h); and (3) confirm or deny the registration by written notice mailed to the voter. (k) The director shall make available through a free access system to each voter voting a questioned ballot a system to check to see whether the voter's ballot was counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than (1) 10 days after certification of the results of a primary election or a special 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. 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. (a) If a qualified voter of the state votes a ballot for a house district other than the house district in which the voter is registered, that person may vote only for (1) statewide ballot measures and questions; (2) candidates for federal or statewide offices; (3) candidates for the state senate if the voter's former residence and present residence are in the same senate district; and (4) candidates for judicial retention if the voter's former residence and present residence are in the same judicial district. (b) If a voter requested an absentee ballot and the proper absentee ballot was not sent to the voter, the votes cast by the voter on the ballot received which are for write-in candidates the voter could have voted for if the voter had received and voted the proper absentee ballot shall be counted. (c) The director shall prepare and mail to each voter whose ballot was subject to partial counting under this section a summary of the reason that the challenge to the ballot was upheld and the ballot was subject to only a partial counting. (d) The director shall mail the materials described in (c) of this section to the voter not later than (1) 10 days after completion of the review of ballots by the state review board for a primary election or 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. (e) In addition to mailing the materials under (d)(1) of this section, for a questioned voter whose questioned primary election ballot was partially counted, not later than the deadline set out in (d)(1) of this section, the director shall (1) determine whether, from the information obtained under AS 15.07.070 (h), the voter's name may be entered on the voter registration list; (2) if the voter is eligible, register the voter in accordance with the information submitted by the voter under AS 15.07.070 (h); and (3) confirm or deny the registration by written notice mailed to the voter. (f) The director shall make available through a free access system to each voter whose ballot was subject to partial counting under this section a system to check to see whether the voter's ballot was partially counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than (1) 10 days after certification of the results of a primary election or a special 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. Sec. 15.20.220. Procedure for state review. (a) When the director and appointed party representatives have completed the review of ballots cast at the voting precincts, they shall proceed to review the absentee and questioned ballot votes certified by the district counting boards. The review of the absentee and questioned ballot vote certified by the district counting boards shall be accomplished by reviewing the tallies of the recorded vote to check for mathematical error and by comparing the totals with the election certificate of results. (b) The state review board shall review and count absentee ballots under AS 15.20.081 (e) and (h) and questioned ballots that have been forwarded to the director and that have not been reviewed or counted by a district counting board. Sec. 15.20.225. Definition of “state election”. In AS 15.20.010 — 15.20.225, “state election” means a primary, general, or special election a purpose of which is to (1) select, nominate, or elect a governor, a lieutenant governor, an acting governor, a state senator, or a state representative; (2) select, nominate, or elect delegates to a constitutional convention; (3) approve or reject an initiative submitted under art. XI, 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; (4) 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; (5) approve or reject a proposed constitutional amendment submitted under AS 15.50 ; or (6) ratify or reject a state general obligation bond when authorized by AS 37.15 . Secs. 15.20.230 — 15.20.420. Voting machines. [Repealed, § 231 ch 100 SLA 1980.] Article 2. Election Recounts. Sec. 15.20.430. Authorization of recount application. (a) A defeated candidate or 10 qualified voters who believe there has been a mistake made by an election official or by the counting board in counting the votes in an election, may file an application within five days after the completion of the state review to the director for a recount of the votes from any particular precinct or any house district and for any particular office, proposition, or question. However, the application may be filed only within three days after the completion of the state review after the general election for a recount of votes cast for the offices of governor and lieutenant governor. If there is a tie vote as provided in AS 15.15.460 , the director shall initiate the recount and give notice to the interested parties as provided in AS 15.20.470 . (b) The date on which the director receives an application, rather than the date of mailing or transmission, determines whether the application is filed within the time allowed under (a) of this section. Sec. 15.20.440. Form of application. (a) The application must state in substance the basis of the belief that a mistake has been made, the particular election precinct or house district for which the recount is to be held, the particular office, proposition, or question for which the recount is to be held, and that the person making the application is a candidate or that the 10 persons making the application are qualified voters. The candidate or persons making the application shall designate by full name and mailing address two persons who shall represent the applicant and be present and assist during the recount. Any person may be named representative, including the candidate or any person signing the application. Applications by 10 qualified voters must also include the designation of one of the number as chair. The candidate or persons making the application shall sign the application and shall print or type their full names and mailing addresses. (b) Candidates, political parties, or organized groups having a direct interest in a recount and who are seeking to protect their interests during a recount may provide, at their own expense, two or more observers to witness the recount. Sec. 15.20.450. 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. Sec. 15.20.460. Determination of date of recount. If the director determines that the application is substantially in the required form, the director shall fix the date of the recount to be held within three days after the receipt of an application requesting a recount of the general election votes cast for the office of governor and lieutenant governor and within five days after the receipt of an application requesting a recount for any other office, question, or proposition. Sec. 15.20.470. Requirement of notice. The director shall give the candidate or designated chairperson signing the application, the two or more persons appointed to represent the applicant during the recount, and other directly interested parties, notice of the time and place of the recount by certified mail, telephone, or facsimile. Sec. 15.20.480. Procedure for recount. In conducting the recount, the director shall review all ballots, whether the ballots were counted at the precinct or by computer or by the district absentee counting board or the questioned ballot counting board, to determine which ballots, or part of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. The director shall count absentee ballots received before the completion of the recount. For administrative purposes, the director may join and include two or more applications in a single review and count of votes. The rules in AS 15.15.360 governing the counting of ballots shall be followed in the recount when a ballot is challenged on the basis of a question regarding the voter's intent to vote for the candidate, proposition, or question. The ballots and other election material must remain in the custody of the director during the recount, and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within 10 days. The director may employ additional personnel necessary to assist in the recount. Sec. 15.20.490. Certification of results. If it is determined by recount that the plurality of votes was cast for a candidate, the director shall issue a certificate of election or nomination to the elected or nominated candidate as determined by the recount.

If it is determined by the recount that a proposition or question should be certified as having received the required vote, the director shall so certify except that the lieutenant governor shall so certify if the proposition or question involves an initiative, a referendum, or a constitutional amendment. Sec. 15.20.500. Authorization for expanding recount. [Repealed, § 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. Sec. 15.20.520. Provision for appeal to legislature or Congress. A candidate or persons who requested a recount, who have reason to believe an error has been made in the recount involving a candidate for the general election for the state legislature or Congress, may appeal to the chamber in which the candidate seeks membership in accordance with applicable rules of the legislature or Congress. Upon request of the legislature or Congress, the director shall furnish the record of the recount taken including all ballots, registers, and other election material and papers pertaining to the election contest. Sec. 15.20.530. Determination of tie votes. If after a recount and appeal two or more candidates tie in having the highest number of votes for the same office, the director shall notify the candidates who are tied. The director shall notify the candidates of a reasonably suitable time and place to determine the successful candidate by lot. After the determination has been made by lot, the director shall so certify. Article 3. Election Contests. Sec. 15.20.540. Grounds for election contest. A defeated candidate or 10 qualified voters may contest the nomination or election of any person or the approval or rejection of any question or proposition upon one or more of the following grounds: (1) malconduct, fraud, or corruption on the part of an election official sufficient to change the result of the election; (2) when the person certified as elected or nominated is not qualified as required by law; (3) any corrupt practice as defined by law sufficient to change the results of the election. Sec. 15.20.550. Jurisdiction and time for contest. The action may be brought in the superior court within 10 days after the completion of the state review. Sec. 15.20.560. Judgment of court. The judge shall pronounce judgment on which candidate was elected or nominated and whether the question or proposition was accepted or rejected. The director shall issue a new election certificate to correctly reflect the judgment of the court. If the court decides that the election resulted in a tie vote, the director shall immediately proceed to determine the election by lot as is provided by law. If the court decides that no candidate was duly elected or nominated, the judgment shall be that the contested election be set aside. The provisions of this section and AS 15.20.540 and 15.20.550 are not intended to limit or interfere with the power of the legislature to judge the election and qualifications of its members. 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. (a) The director may conduct an election by mail if it is held at a time other than when the general, party primary, or municipal election is held. (b) If the director conducts an election under (a) of this section by mail, the director shall send a ballot for each election described in (a) of this section to each person whose name appears on the official registration list prepared under AS 15.07.125 for that election. The director shall send ballots by first class, nonforwardable mail. The ballot shall be sent to the address stated on the official registration list unless (1) the voter has notified the director or an election supervisor of a different address to which the ballot should be sent; or (2) the address on the official registration list has been identified as being an undeliverable address. (c) If the director conducts an election under (a) of this section by mail, the director shall mail ballots under this section on or before the 22nd day before the election. (d) The voter may cast the ballot under AS 15.20.081 (d) — (f). (e) The director shall review ballots voted under this section under procedures established for the review of absentee ballots under AS 15.20.201 and 15.20.203. The director shall establish the schedule for counting ballots in an election conducted by mail. Article 5. Voting Machines and Tally Systems. Sec. 15.20.900. Optically scanned or electronically generated ballots. (a) Notwithstanding any other provisions of this title, the director may adopt regulations that provide procedures for the tabulation of electronically generated ballots or optically scanned ballots, including procedures for (1) tests of the counting programs developed for each precinct tabulator to ensure that the system is functioning properly; (2) security for the voting and tabulation of ballots; (3) the transmission and accumulation of vote totals to assure the integrity of the vote counting process; (4) observation by the public of the counting process in the regional offices; and (5) the disposition of ballots. (b) The state ballot counting review board established under AS 15.10.180 shall test the counting programs for the tabulation of electronically generated ballots or optically scanned ballots and certify their accuracy in accordance with the regulations adopted under (a) of this section. Sec. 15.20.910. Standards for voting machines and vote tally systems. The director may approve a voting machine or vote tally system for use in an election in the state upon consideration of factors relevant to the administration of state elections, including whether the Federal Election Commission has certified the voting machine or vote tally system to be in compliance with the voting system standards approved by the Federal Election Commission as required by 42 U.S.C. 15481(a)(5) (Help America Vote Act of 2002). The director may only approve a voting machine or vote tally system if the machine or system satisfies the requirements of AS 15.15.032 (c).