Section 6.25.670. Federal write-in ballot.

	(a)  For a statewide primary, general, or special election, a qualified voter who has properly applied under AS 15.20.081 for an absentee ballot and has not received the ballot may vote for all federal and state candidate races, each judicial retention election, and ballot proposition or question scheduled to appear on the ballot that the voter is eligible to participate by using a federal write-in absentee ballot. The voter must be  
		(1) an absent uniformed services voter; or  
		(2) voting by absentee ballot from outside the United States.  
	(b)  In completing the federal write-in ballot, the voter may designate a candidate for each candidate race for a primary election by writing in the name of the office and candidate or, for the general or special election by writing in the name of the office and candidate or by writing in the office and the name of a political party. If the voter has written in the name of the political party, for a general or special election the ballot will be counted for the candidate of that political party certified to appear on the state's official ballot. Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or political party will be disregarded in determining the validity of the ballot, if the intention of the voter can be ascertained. For judicial retention elections the voter may designate the voter's vote by writing the name of the judge and writing "yes" to retain a judge or "no" to not retain a judge. For ballot propositions or questions the voter may designate the voter's vote in writing the ballot proposition or question assigned number and writing "yes" to enact the proposition or question or "no" to not enact the proposition or question. The voter shall sign and shall have the voter's ballot witnessed in the manner prescribed under AS 15.20.081(d). The federal write-in ballot will be counted in the general manner prescribed for the counting of write-in votes in AS 15.15.360, except that the requirement under AS 15.15.360(a)(11) that the voter mark the oval opposite the candidate's name does not apply.  
	(c)  A federal write-in ballot of a voter will be reviewed in the manner prescribed under AS 15.20.203 for the district absentee ballot counting review, except that additional restrictions apply. The federal write-in ballot will not be reviewed or counted, and will remain sealed in the oath and affidavit envelope if  
		(1) in the case of a ballot submitted by an overseas voter who is not an absent uniformed services voter, the ballot is submitted from any location in the United States;  
		(2) the voter failed to apply for a by-mail or electronic transmission ballot as required by the deadline set out under AS 15.20.081;  
		(3) the voter was sent a ballot by the division, and the voter's official absentee ballot is received by the deadlines established in AS 15.20.081(e) and (h); or  
		(4) the voter submits a voted federal write-in absentee ballot more than 45 days before a statewide primary, general, or special election.  
	(d)  Repealed 2/28/2014.  
	(e)  A voter who is eligible to use the federal write-in ballot and who simultaneously applies for a ballot and votes using the federal write-in ballot will not be sent the official ballot if the voted federal write-in ballot is received by the division 45 days or less before a statewide primary, general, or special election. If the voter simultaneously applies for a ballot and votes the federal write-in ballot 46 or more days before a statewide primary, general, or special election, the division will process the application for a ballot and send an official ballot to the voter.  

Authorities

15.05.011;15.05.014;15.15.010;15.15.360;15.15.365;15.20.081;15.20.203

Notes

Authority

AS 15.05.011 AS 15.05.014 AS 15.15.010 AS 15.15.360 AS 15.15.365 AS 15.20.081 AS 15.20.203

History

Eff. 8/12/90, Register 115; am 8/22/2004, Register 171; am 5/14/2006, Register 178; am 10/16/2009, Register 192; am 5/11/2012, Register 202; am 2/28/2014, Register 209