Section 6.25.685. Replacement of absentee by-mail ballot by electronic transmission.

	(a)  A voter or an individual acting on behalf of a voter in accordance with 6 AAC 25.683 may contact the division to request that an absentee replacement ballot be sent to the voter by electronic transmission or by mail, if the voter has lost, mismarked, or not received a requested ballot, and  
		(1) properly applied under AS 15.20.081 and this chapter to receive a by-mail ballot for any state-conducted election; or  
		(2) is eligible to vote in a by-mail election being held in accordance with AS 15.20.800.  
	(b)  A voter or an individual acting on behalf of a voter in accordance with 6 AAC 25.683 may contact the division to request that an absentee replacement ballot be sent to the voter by mail, if the voter has  
		(1) lost, mismarked, or not received a requested ballot; and  
		(2) properly applied under AS 15.20.081.  
	(c)  A request for an absentee replacement ballot by electronic transmission under (a) of this section must be made  
		(1) no earlier than 15 days before the date of the election; and   
		(2) no later than 5:00 p.m. Alaska time the day of the election.  
	(d)  A request for an absentee replacement ballot by mail under (a) or (b) of this section must be made no later than 10 days before the date of the election.  
	(e)  A request for electronic transmission of an absentee replacement ballot under (a) of this section must include  
		(1) the voter's full name;  
		(2) a numerical identifier that can be verified against the voter's record;  
		(3) the method for receiving the ballot by electronic transmission, and the information necessary for the voter to receive the ballot by electronic transmission;  
		(4) the telephone number or electronic mail address where the voter or individual acting on behalf of the voter can be contacted; and  
		(5) if the request is submitted on behalf of the voter by an individual with a power of attorney, any additional documents required by 6 AAC 25.683(c).  
	(f)  A request for a replacement ballot by mail under (a) or (b) of this section must include  
		(1) the voter's full name;  
		(2) a numerical identifier that can be verified against the voter's record;  
		(3) the address to where the ballot is to be mailed;  
		(4) the telephone number or electronic mail address where the voter or individual acting on behalf of the voter can be contacted; and  
		(5) if the request is submitted on behalf of the voter by an individual with a power of attorney, any additional documents required by 6 AAC 25.683(c).  
	(g)  A voter who receives an absentee replacement ballot under this section must return the ballot by mail in accordance with the provisions of AS 15.20.081(d) - (h), or by electronic transmission if the replacement ballot is for a statewide primary, general, or special election.  
	(h)  The replacement absentee ballot sent to a voter by electronic transmission under this section will include  
		(1) a transmittal form;  
		(2) a ballot; and  
		(3) 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.  
				(i)  In the instructions sent to the voter under (h)(3) of this section, the division will  
		(1) include the procedures for returning the voted ballot if the voter wishes to ensure that the voted ballot is not seen by an election worker; and  
		(2) inform the voter that if the voter does not wish to follow those procedures for secrecy, the ballot will still be counted unless it is sent in violation of (g) - (h) of this section or is illegible.  
	(j)  A replacement absentee ballot that is sent to a voter by electronic transmission and is returned by mail will not be counted if the voter's oath and affidavit envelope in which the ballot is returned contains the ballot of more than one voter. Nothing in this subsection precludes more than one sealed oath and affidavit envelope being mailed inside a larger envelope.  
	(k)  A replacement absentee ballot sent to a voter by mail under this section will include   
		(1) a ballot;  
		(2) a secrecy envelope and a pre-addressed envelope for mailing the ballot to the appropriate regional elections office; and  
		(3) instructions explaining how to complete the voter certification.  
	(l)  Repealed 5/11/2012.  

Authorities

15.15.010;15.20.066;15.20.081

Notes

Reference

6 AAC 25.683

Authority

AS 15.15.010 AS 15.20.066 AS 15.20.081

History

Eff. 5/14/2006, Register 178; am 5/11/2012, Register 202; am 2/28/2014, Register 209