Section 6.25.680. Absentee voting by electronic transmission.

	(a)  An application for an absentee ballot that requests the ballot be delivered by electronic transmission will be accepted if received by the division no earlier than 15 days, and no later than 5:00 p.m., prevailing time, the day before a state election as defined in AS 15.20.225, except that an absent uniformed services voter or an overseas voter may apply at any time. The application must include the voter's name, the Alaska residence address of the voter, other than an overseas voter qualifying under AS 15.05.011, the method for receiving the ballot by electronic transmission, the information necessary for the voter to receive the ballot by electronic transmission, the voter's signature, a telephone number where the voter can be contacted, and a form of identification. The form of identification provided must be the voter's  
		(1) voter registration number;  
		(2) social security number or last four digits of the voter's social security number;  
		(3) date of birth;  
		(4) Alaska driver's license number; or  
		(5) Alaska State identification number.  
	(b)  An application for an absentee ballot received by electronic transmission that indicates that the absentee ballot will be returned by mail will be accepted by the division subject to the provisions of AS 15.20.081(b).  
	(c)  An application for an absentee ballot received by electronic transmission will be treated in the same manner as an application for an absentee ballot received by mail, except that a notation will be made on the absentee ballot application log when an application is received by electronic transmission.  
	(d)  If an absentee ballot is sent to a voter by electronic transmission, the ballot will include  
		(1) a transmittal form;  
		(2) instructions to the voter with procedures for returning the completed ballot by electronic transmission or by mail, including  
			(A) instructions for returning the ballot by electronic transmission to the appropriate regional office of the division; and  
			(B) the address of the appropriate regional office of the division to which the ballot may be mailed; and  
		(3) the statements required by AS 15.20.066(b), with places for the voter and witness to sign.  
	(e)  The instructions sent to the voter under (d)(2) of this section will include a description of the procedures that a voter returning the ballot must follow if the voter wishes to ensure that the voted ballot is not seen by a division employee. The instructions will also inform the voter that if the voter does not follow these instructions, the ballot will be counted, unless it is sent in violation of (i) of this section or is otherwise ineligible. The instructions will also inform the voter that the voter assumes the risk that faulty electronic transmission may occur. The division will not accept multiple transmissions of a voted ballot or any other voting material submitted by the voter. The earliest date and timed version of a voted ballot or any other voting material received by the division will be accepted. All other versions of a voted ballot or any other voting material will be rejected.  
	(f)  When a completed absentee ballot is received by electronic transmission, the division will note the date of receipt on the absentee ballot accountability log and, if the ballot is received on election day, the time of receipt will be recorded on the voter identification portion of the transmittal. The division will then  
		(1) remove the ballot portion of the transmission from the portion that identifies the voter;  
		(2) place the ballot portion in a secrecy sleeve;  
		(3) seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope;  
		(4) attach the voter identification portion to the outer envelope; and  
		(5) forward the sealed outer envelope to the appropriate regional office of the division for review by the district absentee review board under AS 15.20.203.  
	(g)  An absentee ballot that is returned by electronic transmission must be received by the division not later than 8:00 p.m., Alaska time, on election day in order to be counted. All absentee ballots returned by electronic transmission will be processed under 6 AAC 25.065.  
	(h)  When the division receives in the mail a completed absentee ballot that was sent to a voter by electronic transmission, the division will  
		(1) remove the ballot portion of the transmission from the portion that identifies the voter;  
		(2) place the ballot portion in a secrecy sleeve and seal the secrecy sleeve;  
		(3) place the sealed secrecy sleeve in the envelope in which the ballot was returned, and reseal that envelope;  
		(4) attach the voter identification portion to the outer envelope; and  
		(5) forward the sealed outer envelope to the appropriate regional office of the division for review by the district absentee review board under AS 15.20.203.  
	(i)  An absentee ballot that was sent to a voter by electronic transmission and was returned by mail will not be counted if the envelope in which the ballot is returned contains the ballot of more than one voter.  
	(j)  Repealed 5/11/2012.  

Authorities

15.15.010;15.20.066;15.20.081;15.20.082;15.20.225

Notes

Authority

AS 15.15.010 AS 15.20.066 AS 15.20.081 AS 15.20.082 AS 15.20.225 Editor's note: As of Register 171 (October 2004) the substance of former 6 AAC 25.680(j)(1) and (2) appear in 6 AAC 25.990.

History

Eff. 8/24/96, Register 139; em am 6/22/98 - 10/19/98, Register 147; am 8/13/2000, Register 155; am 8/22/2004, Register 171; am 5/14/2006, Register 178; am 10/16/2009, Register 192; am 5/11/2012, Register 202

References

6.25.680;6.25.990