NOTICE OF PROPOSED CHANGES IN ELECTION PROCEDURES IN THE REGULATIONS OF THE DIVISION OF ELECTIONS

BRIEF DESCRIPTION

The Division of Elections proposes to adopt regulation changes in Title 6 of the Alaska Administrative Code that address materials adopted by reference, candidates for governor and lieutenant governor, political groups and political parties, recount costs, the withdrawal of a candidate, designated political affiliation, candidate eligibility complaints, voters’ numerical identifiers, special needs ballots, spoiled ballots, statements regarding propositions and constitutional conventions, Regional Educational Attendance Area (REAA) elections, and precinct boundaries. These changes include the following:

1. Grammatical changes throughout the affected regulations in Title 6.
2. 6 AAC 25.010(d) and .025(d)(2) are amended to adopt the latest versions of the Guide for Poll Watchers and Registrar Handbook.
3. 6 AAC 25.029 is added to allow voters to cancel their voter registration by providing their name and numerical identifier.
4. 6 AAC 25.125 is added to clarify that candidates for governor and lieutenant governor must each submit declarations of candidacy naming the other candidate.
5. 6 AAC 25.145(b), (c), and (d) are amended to address which political groups and political parties are listed on voter registration forms.
6. 6 AAC 25.200(f) is added to clarify when the State will bear the costs of a recount.
7. 6 AAC 25.210(b) is amended to remove a comma.
8. 6 AAC 25.210(c) is added to allow the removal of a candidate from a special election ballot if notice is received before the ballot-printing deadline.
9. 6 AAC 25.214 is added to address candidates who wish to change their political affiliation or nonpartisan or undeclared designation and to allow federal candidates to be designated as affiliated with the political party or group with which they are registered to vote in another state.
10. 6 AAC 25.216 is added to address the withdrawal of a write-in candidate.
11. 6 AAC 25.225 is amended to clarify the process for replacement candidates for governor and lieutenant governor.
12. 6 AAC 25.260(c) and (j) are amended to address complaints about a candidate’s eligibility.
13. 6 AAC 25.300(c) is amended to explain the drawing of a random alphabet letter between a primary and general election to determine the order of candidates on the ballots.
14. 6 AAC 25.510(d) is added and 6 AAC 25.630(4) and .640(4) are amended to clarify that the numerical identifier a voter provides on an absentee by mail, absentee in person, questioned, or special needs ballot must exactly match the voter’s registration record or a database to which the Division has access, unless the numerical identifier is unnecessary.
15. 6 AAC 25.580 is amended to clarify that the registration requirements for presidential elections apply to absentee by mail voting.
16. 6 AAC 25.585 is added to clarify that special needs ballots will be rejected for the same reasons as absentee and other ballots and if the representative did not complete the certificate, sign the certificate or the register, and sign and date as a witness. It also clarifies that the representative may sign for a voter with a disability.
17. 6 AAC 25.642 is added to explain that voters who spoil ballots may receive a total of three ballots, followed by a final absentee in person ballot at an early or absentee in person location or a questioned ballot at a polling place.
18. 6 AAC 25.684 is amended to update language for clarity.
19. 6 AAC 25.710 is amended to address statements approving and rejecting propositions and constitutional convention questions in the official election pamphlet.
20. 6 AAC 27.010 is amended to require that REAA elections be conducted by mail when allowed by law.
21. 6 AAC 27.035(b) is amended to clarify the locations of the Division’s regional offices and require that declarations from REAA candidates sent by mail must be received on the day of the filing deadline.
22. 6 AAC 27.035(d) is amended to include email as a form of electronic transmission.
23. 6 AAC 27.036 is amended to allow write-in REAA candidates to withdraw consistent with 6 AAC 25.216.
24. 6 AAC 27.037(c) and (j) are amended consistent with the amendments to 6 AAC 25.260.
25. 6 AAC 27.090 is amended to allow for an order and notice for a run-off REAA election six days after certification.
26. 6 AAC 400.010 and .020 are amended to reference the Redistricting Board’s final proclamation and description of the final proclamation plan and to incorporate by reference updated precinct maps.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Brian Jackson at PO Box 110017, Juneau, Alaska 99811. Additionally, the Division of Elections will accept comments by facsimile at (907) 465-3203 and by electronic mail at elections@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system and using the comment link. The comments must be received not later than 5:00PM on June 4th, 2024.

You may submit written questions relevant to the proposed action to Brian Jackson brian.jackson@alaska.gov, 240 Main St. Ste. 400, Juneau, Alaska 99801. The questions must be received at least 10 days before the end of the public comment period. The Division of Elections will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Brian Jackson brian.jackson@alaska.gov or (907) 465-4611 not later than May 28^th, 2024, to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Brian Jackson brian.jackson@alaska.gov or (907) 465-4611.

A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System.

After the public comment period ends, the Division of Elections will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 15.15.010

Statutes being implemented, interpreted, or made specific: AS 15.10.170 ; AS 14.08.071 ; AS 15.05.020 ; AS 15.07.070 ; AS 15.07.081 ; AS 15.07.100 ; AS 15.07.140 ; AS 15.07.200 ; AS 15.15.010 ; AS 15.15.010  ; AS 15.15.030 ; AS 15.15.030 ; AS 15.15.110  ;AS 15.15.160 ; AS 15.15.170 ;  AS 15.15.250 ; AS 15.15.350  ;AS 15.20.061 ; AS 15.20.072 ; AS 15.20.081 ; AS 15.20.203 ; AS 15.20.207 ; AS 15.20.430  ; AS 15.20.450 ; AS 15.20.480 ; AS 15.20.490 ; AS 15.20.800 ; AS 15.20.900 ; AS 15.25.030 ; AS 15.25.040 ; AS 15.25.042 ; AS 15.25.043 ; AS 15.25.050 ; AS 15.25.055 ; AS 15.25.060  ; AS 15.25.100 ; AS 15.25.105 ; AS 15.40.140 ; AS 15.40.220 ; AS 15.58.020 ; AS 15.80.008 ; AS 29.26.020

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

The Division of Elections keeps a list of individuals and organizations interested in its regulations. Those on the list will automatically be sent a copy of all of the Division of Elections notices of proposed regulation changes. To be added to or removed from the list, send a request to the Division of Elections at elections@alaska.gov, giving your name, and either your e-mail address or mailing address, as you prefer for receiving notices.

Individuals can also signup to receive automated notifications of all State of Alaska notices, including public notice for regulation changes, by subscribing to the Alaska Online Public Notices System: https://aws.state.ak.us/OnlinePublicNotices/Default.aspx.

Date:   April 30, 2024                        

                          /s/                                                     

Carol Beecher

Director