AS Title 15, Chapter 40: Special Elections and Appointments

Article 1. United States Congress. Chapter 40. Special Elections and Appointments. 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 [Repealed, § 10 ch 50 SLA 2004 and § 7 2004 Ballot Measure No. 4.]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 [Repealed, § 1 ch 139 SLA 1967.]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 [Repealed, § 6 ch 30 SLA 1998.]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 [Repealed, § 10 ch 50 SLA 2004 and § 7 2004 Ballot Measure No. 4.]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 [Repealed, § 6 ch 30 SLA 1998.]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 [Repealed, § 10 ch 50 SLA 2004 and § 7 2004 Ballot Measure No. 4.]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 (1) 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 (2) 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. §§ 15.40.141 — 15.40.142. Condition of calling a special runoff election; time of calling the special election and the special runoff election. Sec. 15.40.145. Temporary appointment of United States senator. [See revisor's note.] When a vacancy occurs in the office of United States senator, the governor may, at least five days after the date of the vacancy but within 30 days after the date of the vacancy, appoint a qualified individual to fill the vacancy temporarily until the results of the special election called to fill the vacancy are certified. If a special election is not called for the reasons set out in AS 15.40.140 , the individual shall fill the vacancy temporarily until the results of the next general election are certified. Sec. 15.40.150. Condition for holding special election with primary. 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. 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. 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. 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. 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). §§ 15.40.200 — 15.40.210. Requirements of party petition; selection of party nominees. 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. Article 2. Governor and Lieutenant Governor. 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. 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. 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. Sec. 15.40.260. Term of elected governor and lieutenant governor. At the special election, a governor and a lieutenant governor shall be elected to fill the remainder of the unexpired terms and shall take office on the date the results of the special election are certified. Sec. 15.40.270. Date of nominations. Candidates for the special election shall be nominated by petition transmitted by actual physical delivery of the petition in person or by mail postmarked not later than midnight of the filing date. Sec. 15.40.280. 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). §§ 15.40.290 — 15.40.300. Requirements of party petition; selection of party nominees. 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. Article 3. Legislature. Sec. 15.40.320. Condition and time for filling vacancy by appointment. When a vacancy occurs in the state legislature, the governor, within 30 days, shall appoint a qualified person to fill the vacancy. However, if the remainder of the term of the predecessor in office will expire or if a vacancy in the state senate will be filled by a special election before the legislature will next meet, convene, or reconvene, the governor may not fill the vacancy. Sec. 15.40.330. Qualification and confirmation of appointee. (a) The appointee shall meet the qualifications of a member of the legislature as prescribed in 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. (b) 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. Sec. 15.40.340. Date of office of appointee. If the appointment is not subject to confirmation, the term of the appointee shall begin on the first day the appointee is present when the legislature meets, convenes, or reconvenes after the date of the appointment. If the appointment is subject to confirmation, the term of the appointee shall begin on the date the appointment is confirmed. Sec. 15.40.350. Procedure upon rejection. If an appointment is rejected, the governor, within 10 days, shall appoint another qualified person as provided in AS 15.40.330 , who shall also be subject to confirmation, as provided in that section. Sec. 15.40.360. Term of appointed representative. If the vacancy is in the state house of representatives, the appointment shall be for the remainder of the unexpired term. Sec. 15.40.370. Conditions for full, unexpired term senate appointment. If the vacancy is for an unexpired senate term of two years plus five full calendar months or less, the appointment shall be for the remainder of the unexpired term. Sec. 15.40.380. Conditions for part-term senate appointment and special election. If the vacancy is for an unexpired senate term of more than two years and five full calendar months, the governor shall call a special 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. 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. 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. Sec. 15.40.410. Term of elected senator. At the special election a state senator shall be elected to fill the remainder of the unexpired term and shall take office on the date the state senate first convenes or reconvenes following the certification of the results of the special election by the director. Sec. 15.40.420. Selection of nominees in manner provided for general election. If the vacancy in the office of state senator occurs one calendar month or more before the filing date for the primary election, candidates for the special election shall be nominated in the manner provided for the nomination of candidates for general elections. Sec. 15.40.430. Designation of nominees by petition. If the vacancy occurs less than one calendar month before the filing date and more than three calendar months before the next general election, candidates shall be nominated by petition transmitted by actual physical delivery of the petition in person or by mail postmarked not later than midnight of the filing date. 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). §§ 15.40.450 — 15.40.460. Requirements of petition by political party; selection of political party nominees. 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.